Roberto Marcello (Iras) Baldessari Innsbruck 1894 - Rome 1965 23x16 cm. "At the cafe of the

CONDITIONS OF SALE 

Art. 1       The objects may sold in Lots individually according to the final opinion of the Colasanti Casa d’Aste, which acts simply as Agent in the name and interests of each Seller as relates to art. 1704 cod. civ. The sale concerns the Purchaser and the Seller. Colasanti Casa d’Aste does not assume any responsibility in relation to the Purchaser, the Seller or any Third Party concerned. 

Art. 2          The objects are sold to the highest bidder. The Auctioneer starts the auction beginning with the bid that s/he believes to be the most opportune, based upon both the value of the lot/s as well as the competing bids. The Auctioneer may make further bids or in response to other bids, until the reserve price is reached.  

Art.3           In the case of any dispute between more than one Purchaser, the Auctioneer has the right to cancelling the sale of the item, or reoffering and reselling the object in the same sale. Each transfer to Third Parties of the lot/s purchased does not become the responsibility of the Auction house which considers the Purchaser as the sole person/s responsible for payment. Bidding at an auction in the name of and for a Third Party may be accepted by the Auction house only after sufficient bank references as well as  power of attorney have been received by the Auction house at least three days before the auction.

Art. 4          The Auctioneer, during the auction, may group together or separate lot/s and vary the order of the sale. The Auctioneer may, and his/her decision is final, withdraw lot/s that do not reach the reserve price agreed upon between the Auction house and the Seller.

Art. 5          In order to guarantee the highest levels of transparency during the auction for all those who intend to make bids, prospective Bidders are required to fill out a participation form with personal information and consign a valid document of identification. The Auction house may accept written bids if they are received at least one hour before the beginning of the auction. Should there be more than one written offer with the same value, and are they not beaten by bids made in the auction room or telephone bids, the Auction house will consider the Purchaser to be the one who made the bid first. Telephone bidding requests will be accepted if confirmed and received at least one hour before the beginning of the sale. The Auction house do not accept liability for errors and omissions in connection with telephone bidding arising from circumstances beyond our reasonable control. Should there be a case of identical bids, the oral bid in the room will prevail upon the written or telephonic bid.

Art. 6          The Purchaser will pay the Auction house a sum equivalent to 22% of the hammer price including VAT, for each lot.

Art.7           The shipping of the purchased lot/s is in the risk and expense of the Purchaser. The Auction house is in no case liable for damages relating to the transport, against which the Purchaser may, however, stipulate with the carrier an insurance guarantee against all risks of transport. In any case the Purchaser has to pay the Auction house still the packing costs for the lot/s. If the Purchaser should not collect the lot/s within fifteen working days after the sale, the Auction house will keep them at the risk and expense of the Purchaser in the Auction house and will charge storage costs which are 20€ for each lot per week.

Art. 8       The Auction will be preceded by a public viewing of the objects in order to allow for a careful examination (the authenticity, the state of preservation, the provenance, the type and the quality) of the objects on behalf of aspiring Bidders. Following the Purchase, no one will be able to dispute or criticise the Auction house or the Sellers for lack of any quality in reference to object being auctioned, like indications relative to the state of conservation, wrong attribution, authenticity and provenance.

Art.9           If it turns out after the sale that a lot is a forgery, intentionally created after the original object, the Auction house, may recompense the Purchaser the total amount of the acquisition in the value in which it was paid, after the restitution of the lot. The Purchaser must give written notice of claim within thirty days from the date of the auction. The Purchaser must also return the Lot to the Auction house in the same conditions as at the time of the sale, accompanied by at least one certification of one independent expert.

Art. 10        The sale of objects from the XX and XXI century is based on the explicitly indicated certification in the catalogue. No other certification, survey or opinion, introduced after the completed sale will be valid as a protest of authenticity of the object.

Art. 11        Objects declared of importance according to art. 6 D.L. 26/10/99 n. 490 are indicated as such in the catalogue, or are nominated as such during the sale. The Italian State may exercise on this objects  its right of pre-emption within 60 days after the completed Sale; therefore the sale will be effective after this period. In the case the Italian State exercises the right of pre-emption, the Purchaser will have the right of recompense of the sum already paid.

Art. 12        The exportation of the lot/s from the Republic of Italy, especially objects older than 50 years, is subjects to the regulations contained in D.L. 26/10/99 n. 490 (art. 65-72). The fact that the Purchaser wishes to apply for an export licence does not affect his or her obligation to make the payment immediately after the sale nor the right of the Auction house to charge storage. It also does not give the right to the Purchaser of cancellation of the sale.

Art. 13        These rights and obligations are accepted automatically by all those individuals who take part in the sale. 

Art. 14     These Conditions of Sale and any matters connected with them shall be governed and interpreted by the laws of Italy. Every dispute regarding the application, interpretation and execution of the present Conditions of Sale are exclusively assigned to the Court of Rome.

Information for buyers

Participation in the auction constitutes full and unconditional acceptance of the CONDITIONS OF SALE.

Each auction is preceded by an exhibition that has the purpose to allow all buyers to evaluate the lot/s on sale and to verify the quality and state of conservation.

Our experts will be pleased to provide, upon request, a condition report of the state of conservation of the lot/s on sale.

The descriptions in the catalogues represent the opinion of our experts. Public will be informed, during the auction, of any eventual occurred revision.

Auction can be:

– attended personally;

– through online bids after an easy registration;

– through written bids or phone bids that may be recorded;

– through live bids on Colasanti Live, after a registration free of charge, where you can follow the auction in real time and make bids.

The service of online, written and telephonic bidding is provided by Colasanti Casa d’Aste free of charge and does not imply any responsibility for offers inadvertently not executed, or for any mistakes occurred during their execution. Bids will be considered valid only if received at least one hour before the start of the auction.

To partecipate by phone and written bids it is necessary to fill out the Absentee bid form and fax it at

+39 06 66183656 or email it to: areaclienti@colasantiaste.com

Method of payment

Buyers should make the payment of the lot/s within 10 working days from the date of the auction through:

– cash for amount less or equal to 3.000,00 euros;

– bank draft made payable to Colasanti Luigi d.i., after prior approval from the bank;

– bank check made payable to Colasanti Luigi d.i., agreed with the direction;

– credit cards and debit cards

– bank transfers to

                        Colasanti Luigi d.i.

                        BANCA DEL FUCINO SPA SEDE DI ROMA

                        IBAN              IT48W0312403210000000234289

                       SWIFT            BAFUITRRXXX

Shipping and Packaging

Colasanti Casa d’Aste will ship the lot/s purchased only upon written request by the buyer, relasing

Colasanti Casa d’Aste from any liability; for which the buyer must apply directly the carrier.

If the buyer intends to use his/her own carrier, he/she must still pay Colasanti Casa d’Aste the packaging costs.

Colasanti Casa d’Aste will deliver the package to the shipper/carrier after being paid buy the buyer. In no case Colasanti Casa d’Aste is liable for damages relating to the transport, against which the buyer may, hower stipulate with the carrier, an insurance guarantee against all risks of transport.

If the Purchaser should not collect the lot/s within fifteen working days after the sale, the Auction house will keep them at the risk and expense of the Purchaser in the Auction house and will charge storage costs which are 20€ for each lot per week.