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Newsletter Auction results from: Hanau. Date: Early 20th century. During the auction procedure only the respective items are sold but not the frames, mounts and picture glass.
The liability for injury to life, body or health remains unaffected. Where successful recourse is taken against the Consignor, VAN HAM shall reimburse the buyer for up to a maximum of the full purchase price which the consignor has achieved.
VAN HAM additionally undertakes to return its commission in full within a period of one year, if the item proves not to be authentic.
This is subject to there being no third party claims to the item, and the item being returned to the VAN HAM head office in Cologne in an unaltered state.
Material contractual duties shall be i the duty of handing over the item in its condition at the time of the auction upon receipt of the full sales price, ii providing information regarding the authorship of the item, as well as iii the duties of advice, protection and care which serve the purpose of protecting life and body of the buyer or its personnel.
In case of a simply negligent breach of material contractual duties, the liability of VAN HAM shall be limited to the compensation of any damage typical and predictable for such a contract, per event causing the damage up to a maximum of twice the amount which the buyer had to pay for the item to which the breached contractual duty relates.
In particular any liability for indirect damage shall be excluded. Information as to the value in currencies other than euros is provided for information purposes only and shall not be binding.
Low-value items may be auctioned as group lots outside the catalogue. If a bidder intends to bid on behalf of a third party, a respective notification shall be given not later than 24 hours prior to the start of the auction, stating the name and address of the represented party and submitting a written power of attorney.
Otherwise the contract of sale shall be made with the bidder when the bid is accepted. Only bids made using this number shall be considered during the auction.
VAN HAM reserves the right to request a current bank reference or other references or a cash deposit before admitting bidders to the auction.
The General Auction Terms therefore apply accordingly to the Consignor making a bid for its own items.
When there are equal bids, irrespective of whether they are submitted in the auction hall, by telephone, in writing or over the internet, a decision shall be made by drawing lots.
Written bids or bids submitted via the internet shall only be drawn on by VAN HAM to the extent required to outbid another bid.
Bids shall specify the relevant item, along with its catalogue number and catalogue description. In case of doubt, the catalogue number shall be decisive; the bidder shall bear the consequences of any ambiguities.
VAN HAM provides the service of processing bids in absence for the convenience of clients free of charge. VAN HAM therefore makes no representations regarding the effectuation or error-free processing of bids.
Bids in absence shall be deemed equivalent to bids made in person during the auction when bids are accepted. By applying for telephone bidding, applicants accept that telephone conversations may be recorded.
VAN HAM accepts no liability for establishing and maintaining telecommunication connections or for transmission errors. Bids received by VAN HAM via internet during an auction shall only be considered for the ongoing auction if it is a live web-cast auction.
Apart from that, internet bids shall only be admissible if VAN HAM has approved the bidder for internet bidding by providing the bidder with a user name and password.
Internet bids shall only be valid bids if they can be unequivocally matched to the bidder by means of the user name and password.
Internet bids shall be recorded electronically. Live bids shall be considered equivalent to bids made in the auction hall.
VAN HAM accepts no liability for establishing technical connections or for transmission errors in case of internet bids. Please refer to the cancellation policy Widerrufsbelehrung at the end of the present General Auction Terms.
There shall be no entitlement to have a bid accepted. This applies in particular where a bidder who is not known to VAN HAM or with whom no business relationship has yet been established fails to provide security in the form of bank references or guarantees by the start of the auction at the latest.
If several individuals place equal bids and no higher bid is made after three calls, the decision shall be made by drawing lots.
VAN HAM may revoke acceptance of a bid and re-offer the item if a higher bid made in due time was accidentally overlooked, if the highest bidder does not want the bid to stand, or if there are other doubts as to the acceptance.
If no bid is accepted even though a bid was placed, VAN HAM shall be liable to the bidder only in case of intent or gross negligence.
A bidder shall remain bound by a bid that has been conditionally accepted for a period of one month.
A conditionally accepted bid shall only become effective if VAN HAM confirms the bid in writing within one month from the date of the auction.
Upon request immediately after the auction the invoicing for these objects can be issued with standard taxation and without such apportionment.
For buyers entitled to deduct input tax Vorsteuerabzug , the invoice may, upon request and after prior notification be made out in line with standard taxation Regelbesteuerung.
VAT is not levied on shipments to third countries i. If participants in an auction transfer purchased items to third countries themselves, they shall be reimbursed for VAT as soon as proof of export and purchase Ausfuhr- und Abnehmernachweis has been provided to VAN HAM.
Cheques shall only be accepted on account of performance erfüllungshalber. Buyers who participate in the auction in person shall pay the purchase price to VAN HAM immediately after their bid has been accepted.
Collection, Assumption of Risk and Export. Absent buyers shall collect their items without undue delay after VAN HAM has notified them that their bid has been successful.
Since the purchase price is due immediately and the buyer is obliged to collect the items without undue delay, the buyer shall be in default of acceptance no later than 14 days after acceptance of the bid or post-bid, and consequently the risk shall be transferred to the buyer at this time at the latest, irrespective of the fact that the item has not yet been handed over.
The Seller is obliged to pay the droit de suite resale rights tax on the sales proceeds of all original works of art and original photographic works whose creators died less than 70 years before completion of the sale.
Buyers from third countries i. If the goods are picked personally by the Buyer VAT will be charged. Invoices issued during or immediately after the Auction are temporary and are subject to later control.
The Buyer is liable for acceptance of the goods and for payment. Agents are jointly and severally liable with their principals.
Ownership only passes to the Buyer when full payment has been received. The Buyer, however, immediately assumes all risks when the goods are knocked down to him.
Auction lots will, without exception, only be handed over after payment has been made. Storage and dispatch for non-local Buyers are at their expense and risk.
Charges for dispatch, packing and insurance are billed separately. Dispatch is made only after receipt of payment in full. In the event of delayed payment, the Buyer is liable for all resultant damages, in particular interest and exchange losses.
All objects put up for Auction can be viewed and examined prior to the Auction at the times made known. Greatest care is taken with the Catalogue descriptions, these however do not grant legal guarantee.
The objects are second-hand. The condition, unless otherwise stated, is good and appropriate to the age. The Auctioneer is not liable for defects as far as he observed due care incumbent on him for description of objects to be auctioned.
Traces of previous ownership Book-plates, signatures, stamps as well as signs of fair wear and tear missing clasps, yellowing paper are not necessarily specifically mentioned.
Claims must be registered within three days of the receipt of the goods. The Auctioneer accepts no liability for defects. He will however accept responsibility, in respect of properly founded claims for defects made within the term of limitation of twelve months, for making claims for restitution against the vendor.
In the event of a successful intervention the Auctioneer will reimburse the payer for the price of purchase.
Telephone, telegraphic, faxed and Internet bids must be confirmed in writing or through online platforms. For telephone bidding during the Auction a staff member will execute the Buyers bids as advised on the telephone.
For Post Auction Sales the Buyer will relay his limit price orders for unsold lots either in writing or per telephone.
The Auctioneer accepts no liability of any nature for bids received later than 24 hours before the commencement of or during the Auction; for bids duly received and through negligence not carried out only to the extent of the estimate.
The place of fulfillment and jurisdiction is Berlin, Mitte. German law applies exclusively. The provisions of International Business law are expressly excluded.
Should one or the other of the above conditions become wholly or partly ineffective, the validity of the remainder remains unaffected.
By making a bid, either verbally or written in, the Bidder confirms that he has taken note of the Terms of Sale by Auction and accepts these.