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Participation in the auction is subject to the
acceptance and unconditional acceptance of
these Auction Terms and Conditions:
1. BID
- The submission of a bid means a binding
offer.
- The bidder remains bound to his bid until it
is either outbid or rejected by Auctioneer.
- Bids of unknown persons may be rejected
by Auction House.
- Persons who are not present may notify
the Auction House in writing of intended
bids. These bids are considered as maximum
bids, plus premium. Changes to a written
bid must be made in writing; they must be
received no later than 24 hours prior to the
Auction. Written bids can be send to info@
dutchauctioncompany.com
- Request for Telephone bids must be made
no later than 24 hours prior to the Auction.
2. AUCTION OBJECTS
- The objects are offered and sold in the
name and for the account of the consignor.
- The Dutch Auction Company and the
sellers disclaim any warranty for the age,
origin, condition and quality of the vehicles
and objects put up for auction. The objects
are sold in the condition in which they were
at the time of the knock down.
- All objects are to be inspected at the
preceding exhibition. It is possible to get
an idea of their condition and value and to
obtain information. The buyer
acknowledges, that we sell used goods
which can have marks and defaults caused
by their age.
- The objects are described based on the
latest current state of knowledge to the
best of our knowledge and belief. The Dutch
Auction Company is not liable for obvious or
hidden defects.
3. KNOCKDOWN/PROPERTY
- The object is awarded to the highest
bidder. The object will only be delivered to the
buyer after payment has been made in full.
- The knock down could be also conditional.
If it is called up « conditional sale», it means,
that the reserve was not met. The Auction
House will first consult with the seller and
afterwards inform the buyer, if his offer was
successful or not. This may happen right at
the sale or within a few days.
- In the event of differences between two
or more bidders, the Object may be offered
again.
- Once the bid has been accepted, no further
complaints will be accepted.
4. KNOCKDOWN PRICE/COSTS
- A premium of 24% must be paid on top of
the hammer price. This includes 21 % VAT*
on the buyer premium.
- For cars, a 14,5% buyer’s premium will
apply. This includes 21% VAT* on the buyer
premium.
* Explanation of the application of VAT:
> Private buyers registered within the
Netherlands and Europe are invoiced
including VAT.
> Private buyers registered outside Europe
and exporting the purchased lots, that is
leaving Europe, will be invoiced without VAT.
Proof of export of the lots is required.
> Commercial buyers (companies) registered
in the Netherlands invoiced including VAT.
> Commercial buyers (companies) registered
outside the Netherlands but within Europe
can be invoiced without VAT.
> Commercial buyers (companies) registered
outside Europe and exporting the purchased
lots, that is leaving Europe, are invoiced
without VAT. Proof of export of the lots is
required.
If commercial buyers (companies) wish to
make use of the above VAT application, they
must register as a commercial (company)
bidder. Company name, address and VAT
number are then required information that
must be provided at registration.
5. PAYMENT OF THE OBJECTS
- The auctioned objects must be paid for in
cash (maximum of € 20.000,-) or by bank,
and collected from the auction site within
5 days after the Auction. On Credit Card
payment an additional 3% will be added to
the total bill.
- Before leaving the auction room, each
buyer is requested to take receipt of the
relevant formalities at the auction office and
to make a full or appropriate down payment.
6. DELIVERY/COLLECTION
OF THE OBJECTS
- The auctioned objects will only be
delivered after the auction and after full
payment.
- The objects must be collected within 5 days
of the Auction. Later collection may be
possible by agreement with the Auction
House.
- Objects that are not collected on time
will be removed to storage at the buyer’s
expense.
7. LEGAL ISSUES/LIABILITY
- The Dutch Auction Company reserves
the right to make changes and comments
regarding the object description before
and during the exhibition or until the bid is
accepted. Lots may be added or removed.
- The Dutch Auction Company, as sales
commissioner according to article 7:425
BW 7:425 BW, acts for the account of the
consignor. Any liability for defects shall be
excluded in accordance with section 2. Any
notices of defects, claims for rescission or
reduction must be addressed directly to the
Consignor as the seller. No representative or
employee of the Dutch Auction Company is
entitled to issue any guarantees deviating
from this.
- The auction management may offer
lots outside the numerical order without
justification, and may combine, separate, or
withdraw catalog items.
- Any participation in the auction is at your
own risk. In the event of damage to
exhibited objects, the causer shall be liable.
- Each removal of the auctioned objects, also
by third parties, relates to own costs and
risks.
- The invoice for the auctioned objects is to
be paid in accordance with section 5. If this is
neglected, the auctioneer may, at his discretion,
demand fulfilment of the purchase
contract by charging a default interest of
1% per month on the hammer price plus
surcharge and the costs of collection.
However, he may also withdraw from the
purchase contract without notice or other
notification and cancel the knockdown and
sell the object by private contract. In this
case, the successful bidder shall be liable for
all damages resulting from non-payment or
delayed payment, in particular for any loss of
proceeds. Any down payment made will be
deducted from the damage.
- The auction and all disputes arising from
it are subject to Dutch law. This applies
regardless of the legal domicile of the parties
involved.
- The English version of these Terms and
Conditions of Sale shall be authoritative for
the assessment of disputes.
- The place of jurisdiction is Breda, Holland.
8. GENERAL
- The auction and sale conditions are made
known to every interested person and are
posted in the auction hall during the
exhibition and auction.
- Legal identification, name and address
of the buyer are required for bidding and
auctioning an object. Registration entitles
the buyer to bid.
- It is the buyer’s responsibility to protect
himself against the risks of loss, theft,
damage, and destruction of the objects in
question by taking out insurance in good
time. All risks are with the buyer after
knockdown of the item.
Tilburg, The Netherlands - January 2022