Sale Terms and Important Information

General Terms and Conditions
Hargesheimer Kunstauktionen Düsseldorf GmbH (hereinafter referred to as
‘Hargesheimer Kunstauktionen’) conducts auctions in a public auction in terms
of Section 474, Para.1 Line 2 and Section 383 Para. 3 Line 1 of the German Civil
Code (BGB) as a commissioner on his own behalf and on account of the clients
(the “consigner”), who shall remain anonymous.
The items put up for auction are second-hand articles and are in a state
that corresponds to their age and provenance. The items may by inspected and
examined before the respective auction. They will be auctioned off in their
respectively current and actual state.
The description of an item’s state given in the catalogue only points to substantial
and important damages that, in the opinion of Hargesheimer Kunstauktionen,
affect or spoil the visual overall appearance of an item. If no such hints are given
this shall not imply that the item is in a good state or free of damage. Any information
and pictures contained in the catalogue were drawn up to the best of
our knowledge and belief and shall, however, neither represent a contractually
stipulated quality description as contemplated by art. 1 clause 1 of the German
Civil Code (Bürgerliches Gesetzbuch, BGB) nor grant any legal warranty, but are
provided for information purposes only.
However, Hargesheimer Kunstauktionen undertake to accept complaints that are
based on misrepresentations in the catalogue that annul or materially reduce the
value of an item; in such a case, we accept the return of the affected item and
will claim the amount in question from the client – if required also by way of
legal action, if such complaints are submitted to Hargesheimer Kunstauktionen
in writing and supported by a reasoned opinion within a limitation period of one
year after the delivery of the item bought at an auction. In case of such a claim
against the client being successful, Hargesheimer Kunstauktionen will refund to
the buyer the purchase price inclusive of any commission, but exclusive of any
other costs and expenses that may have been incurred by the buyer.
Claims for damages against Hargesheimer Kunstauktionen for reasons of
deficiencies in title or quality, no matter for what legal reasons, shall be
excluded to the extent that they can not be founded on intention or gross
negligence by Hargesheimer Kunstauktionen,
The prices stated in the catalogue are prices set for the commission agent.
The currency of the European Union (euro/EUR/€) shall apply. Quotations in
any other currency are provided for information purposes only.
Before making a bid, each bidder must obtain a bidder number by stating his/
her personal details. If a bidder should not be personally known to the auctioneer
Hargesheimer Kunstauktionen may demand an official proof of identity as well
as banker’s references and securities. It is at the discretion of Hargesheimer
Kunstauktionen to exclude a person from an auction. All bids will be deemed
as made by the bidder in his/her own name and on his/her own account. If a
bidder wishes to make bids in the name of another person he/she must inform
the auctioneer on this fact 24 hours before the beginning of an auction by
quoting the principal’s name and address and submitting a power of attorney
executed by the principal in writing.
The auctioneer reserves the right to combine and separate items, change the
order of items or withdraw items in the course of an auction. The auctioneer
may accepta bid with reservations or deny acceptance if there is good reason
to do so. The auctioneer may withdraw acceptance and repeatedly put up an
item for sale if a bid had been overlooked or in case of other doubts or disputes
concerning an accepted bid. If several persons make the same bid and no higher
bid is made after three calls to do so, the item in question shall be knocked down
to one bidder by casting lots. There is basically no legal claim to acceptance of
a bid.
If a bidder should be absent bids may also be submitted in writing or over the
phone. To do so, the bidder must submit to Hargesheimer Kunstauktionen
a corresponding signed application quoting the catalogue number, item and
bid price 24 hours before the beginning of an auction at the latest. In case
of doubt, the catalogue number shall be decisive. Uncertainties shall be
the responsibility of the bidder. Bids made by phone will be recorded by
Hargesheimer Kunstauktionen. By submitting the application for bidding by
phone the bidder agrees to this. There is generally no legal claim to acceptance of
applications for bidding by phone and Hargesheimer Kunstauktionen do
not guarantee the processing of bids submitted in writing. Hargesheimer
Kunstauktionen shall, in particular, not be liable for bringing about and
maintaining telecommunication connections and/or for transmission errors.
A bid is accepted if there is no higher bid after three calls. With the acceptance
of a bid, a sales contract is concluded between Hargesheimer Kunstauktionen
and the bidder whose bid was accepted. Acceptance of a bid makes acceptance of
the item and payment obligatory. If a bid has been accepted with reservation the
bidder shall remain bound to his/her bid for a period of four weeks after the
auction. With the acceptance of the bid, possession and risk of the bought item
shall pass to the buyer, however, the title to the item shall pass to the purchaser
only when the amount owed has been paid in full.
In addition to the hammer price, the buyer will have to pay a surcharge of 25%,
which will be inclusive of the statutory VAT of currently 19% without the VAT
amount being separately shown (differential taxation). For items marked with
(#), a surcharge of 19% is payable, and VAT is payable for the sum of the hammer
price and surcharge (standard taxation). Entrepreneurs seated in the Federal
Republic of Germany and entitled to input-tax deduction may choose to have
the overall invoice issued using standard taxation rules. Export deliveries to third
countries (non-EU member states) and also to entrepreneurs seated in other EU
member states that submitted their VAT ID no. and obtained items for commercial
use are exempt from VAT.
For items marked with (*), a flat-rated charge of 2% of the hammer price will be
payable to satisfy the provisions of the statutory resale right pursuant to art. 26 of
the German Copyright Act (Urhebergesetz, UrhG).
Invoices issued during or immediately after the auction require verification.
Errors and omissions excepted.
Bidders personally participating in the auction shall be obliged to fully pay
the items bought they bought in cash or by bank-certified check to
Hargesheimer Kunstauktionen and collect the respective items immediately
after the auction. Checks are only accepted on account of performance. In case
of payments in foreign currency, exchange losses and encashment fees shall be
to the debit of the bidder. Bidders not personally attending the auction
must pay for any bought items within a period of 10 days from the date of the
invoice and collect the items at Hargesheimer Kunstauktionen. Should the
buyer be in arrears, interests of 1 % for every month or part of a month will
be charged. In case of delayed payment, Hargesheimer Kunstauktionen may,
at their own discretion, demand the performance of the purchase contract or,
after setting a reasonable period of grace, withdraw from the purchase
contract or claim damages for non-performance. Instead of the foregoing,
the item may also be put up for auction a new and any costs developing from
this will be charged to the buyer. In this case, the buyer shall be liable
for any losses incurred thereby; the buyer shall not be entitled to any
additional proceeds and shall also not be entitled to make another bid
for the item in question.
These Terms of Auction shall apply to any agreements between the buyer
and Hargesheimer Kunstauktionen. Verbal collateral agreements do not exist.
Changes to the Terms of Auction must be made in writing.
For the subsequent direct sale of items, the foregoing Terms of Auction
shall apply accordingly. The statutory provisions concerning the sale by way
of distant selling (art. 312b et seq. of the German Civil Code) shall not apply
hereto.
These Terms of Auction shall be governed exclusively by German law.
The United Nations Convention on Contracts for the International Sale
of Goods (CISG) shall be excluded.
Place of performance and jurisdiction for commercial purposes shall be Düsseldorf.
Should one of the foregoing provisions be or become void, whether fully or in
part, the validity of the remaining provisions shall not be affected thereby.