|Art|LABISSE, Felix - Instituto de Arte Moderno Nr. 6 - signé, 1950

PERGAMON AUCTIONS hereby informs all participating in the auction that the auction will be held under the general terms and conditions stated below and that everyone participating in the auction as contributor or as buyer thereby indicates that he fully accepts the application of these terms and conditions.

General terms and conditions buyer

1. Sitting day

The public sale will take place by means of an internet bid and/or by written and telephone bid. Allotment will be made to the highest bidder, per lot, against cash payment. At the time of the auction, the buyer must have registered his name, address, telephone number, identity card number and credit card details through the auction platforms Invaluable and Drouot.

2. Commitment of the bidder

By making his offer, each bidder undertakes to purchase the goods put up for sale at the price he has offered. However, he has no recourse if the sale is discontinued for whatever reason.

3. Management of sales operations

The sales transactions are carried out under the supervision of a bailiff. The auctioneer has the right, among other things: to determine the minimum of each bid, to suspend the sale without giving any explanation to the bidders, to divide, merge or withdraw any lot from the auction. In case a limit price has been set by the contributor/seller, PERGAMON AUCTIONS has the right to bid on behalf of the contributor/seller.

4. Buyer by order or endorsement

The buyer may designate a mandator, provided that he informs the auctioneer immediately after the auction has ended. The buyer guarantees the legal capacity of his principal; every buyer remains liable for his purchase, even if another person is stated as a mandatory buyer.

5.Guarantee

The assignment will be made without absolute guarantee - regarding, among other things, authenticity - on the part of PERGAMON AUCTIONS. The goods are sold in the condition in which they are at the place of viewing and auction and without absolute guarantee. The buyers are deemed to have sufficiently viewed and examined the goods and works of art and to have made their offer with knowledge of the facts. The estimated prices as stated in the catalog are provided by the auction house for information purposes only. There is no return policy.

All obligations arising from the sale are jointly and severally and indivisible by operation of law, both with regard to legal entities and natural persons, on all those who purchase for joint account, on the ultimate purchaser and those who have purchased for him, on the guarantors. among themselves and those for whom they stand surety, as well as on the heirs and successors in title of each of the aforementioned persons.

7. Payment of the purchase price and costs by the buyer

Immediately after the auction, the buyer must pay to PERGAMON AUCTIONS the purchase price plus the surcharge stated in the catalog on the allotment price.In addition, each lot gives rise to the collection of administration costs amounting to € 2 plus any resale right to an original work of art, allocated from € 2,000, as follows: 4% of the part of the allocation price up to and including € 50,000; 3% of the part of the allocation price from € 50,000.01 up to and including € 200,000.00; 1% of the part of the allocation price from € 200,000.01 up to and including € 350,000.00; 0.50% of the part of the allocation price from € 350,000.01 up to and including € 500,000.00; 0.25% of the part of the allocation price above € 500,000.01. However, the resale right may never exceed € 12,500.00.The rate of the first bracket, namely 4%, must be applied to the entire amount that falls within this bracket. Payments can only be made by bank transfer to the bank account of PERGAMON AUCTIONS, or in cash upto € 2999,00. Payment by credit card entails an additional cost of 1.50%.

8. Debt Comparison - Debt Mixing

The buyer cannot invoke set-off, nor on mixing of debts, nor on Article 1653 of the Belgian Civil Code in connection with the buyer's disorder. 

9. Re-auction - irresponsible bid

If the buyer, the person to whom a good has been allocated, the guarantor and/or the specified principal fail to immediately fulfill the obligations prescribed in these conditions or to comply immediately with one of the sales conditions, then the good can be borne by him. to whom it is assigned, be sold again. The resale takes place under the supervision of the already requested bailiff, under the same auction conditions. The defaulting buyer is obliged to pay the difference between the price for which he bought and that of the re-auction, without being able to claim any surplus if the re-auction yields a higher selling price. This surplus benefits the contributor/seller or the mass of creditors who are creditors. The grief buyer is moreover obliged to pay the costs caused by his default and by the re-auction, as well as other costs of whatever nature, without prejudice to compensation for whatever reason, without prejudice to the application of the criminal law if there is reason to do so, and the reimbursement of protest, discount and other costs.

10. Transfer of Ownership - Preservation Measures

The risk is borne by the buyer from the time of allocation. The good is transferred in the condition in which it was at the time of assignment, with all visible and hidden defects. Immediately after assignment, the well is stored with the utmost care. However, the buyer must take all useful measures for the safekeeping of the good. After the assignment, the goods remain only at the risk and at the expense of the buyer, who is solely responsible for the goods purchased by him. 

11. Condition of the goods - viewing

Since the goods and the works of art can be viewed before the sale and the conditions of sale have been notified, the buyer is deemed to have been fully, personally and under his own responsibility, informed about the condition and authenticity of the goods. He has no recourse against PERGAMON AUCTIONS, the acting bailiff or the auctioneer for mistake, inaccuracy or omission in the description of the goods and the works of art, nor for any other material defect in the goods and the works of art. All information concerning the goods and works of art in the catalogues, advertisements, brochures or any other written communication of PERGAMON AUCTIONS, and in particular their description and/or their origin or authenticity, are provided for information only and with all reservations. . Neither PERGAMON AUCTIONS nor the instrumental bailiff accepts any responsibility for this. The auction will be preceded by an exhibition during which PERGAMON AUCTIONS will be physically or remotely available to the public to provide information to the best of its ability and knowledge; the purpose of the exhibition is to enable a careful examination of the state of preservation and the quality and authenticity of the goods, as well as to provide an explanation of any defects or inaccuracies in the descriptions in the catalogue. In addition, the public can call on PERGAMON AUCTIONS or an expert chosen by the enthusiast, with a view to in-depth research, during the entire duration of the exhibition. PERGAMON AUCTIONS is not prepared to take back if the description in the catalog was revoked during the auction and the new description was given verbally to the public. Every visitor is liable for the damage he causes to the exhibited objects and lots, even if this happens accidentally and/or involuntarily. The provisions of Article 2280 of the Civil Code also apply to this public sale. 

12. Entry into possession - pick up

The buyer who has paid the purchase price and costs in full, will be entitled to the goods sold. Proof of purchase is required upon collection. Unless expressly agreed by PERGAMON AUCTIONS, no lot will be delivered before full payment of the purchase price and costs. Any damage caused when the goods are collected or moved is at the expense and account of the buyer. If the collection period has expired, an interest of 1% per month will be charged on the allocation price, with a minimum of € 5 per day and per lot (for administration and storage costs). Moreover, PERGAMON AUCTIONS cannot be held liable in the event of theft, fire, accident or any damage that may be caused to lots that have not been collected after the expiry of the collection period. At the request of the buyer, PERGAMON AUCTIONS can arrange for the shipment of the objects at the expense and risk of the buyer. All costs of transport, customs, insurance, in short, all formalities and transport, are at the expense of the buyer. Such shipment of purchased goods to the buyer is under no circumstances insured by the Auction House, unless otherwise agreed in writing.

13. Refund

In the event that PERGAMON AUCTIONS, for whatever reason, is obliged to repay the monies already paid to it, no interest whatsoever can be charged on this.

14. Telephone Orders

A telephone bid can be made during the auction. A telephone call can be requested via the auction platform Drouot. The possibility to bid in writing, by telephone or online is a free service that does not entail any liability on the part of PERGAMON AUCTIONS. PERGAMON AUCTIONS can in no way be held liable if a telephone connection cannot be established, such as due to technical failure or unavailability of the candidate buyer. 

15. Every visitor is liable for the damage he causes to the exhibited goods. Damaged goods will be restored to their original state, provided they are restored, at the expense of the liable visitor, whereby any depreciation may also be charged.

16. Competent Court

All disputes in connection with the sale, where appropriate, fall under the exclusive jurisdiction of the courts of Ghent, regardless of the domicile of the parties. In the event that translations of these terms and conditions of sale are invoked, the Dutch text shall prevail. 

General terms and conditions contributor

1. PERGAMON AUCTIONS acts in all respects with regard to all goods brought in for sale as the exclusive intermediary of the consignor who delivers such goods for sale to PERGAMON AUCTIONS. PERGAMON AUCTIONS sells as a commission agent in its own name and for the account of the contributor, unless otherwise agreed in writing.

2. The acceptance of goods does not oblige PERGAMON AUCTIONS to offer them for sale in auction.

3. A commission to be agreed with the contributor is taken by PERGAMON AUCTIONS on the hammer price obtained. For results below € 250 a commission of 18% will be held.

4. No object registered for auction can be taken back by the contributor. The objects are irrevocably allocated in the auction to the last bidder without any restriction being imposed on PERGAMON AUCTIONS unless otherwise agreed in writing such as a minimum price. 

5. The contributor confirms that the returned goods are his lawful property. In addition, he declares to release PERGAMON AUCTIONS from all responsibility of any kind in the event of sale by auction of the goods brought in by him. The contributor shall fully indemnify PERGAMON AUCTIONS in the event of complaints and disputes arising in connection with the goods sold or to be sold by PERGAMON AUCTIONS on its behalf. In case goods are part of theft or subject to a (pending) judicial decision, the contributor always remains responsible for the repayment to PERGAMON AUCTIONS of the net proceeds from sales, upon simple request. All goods are accepted without a minimum price unless otherwise agreed in writing.

6. In case goods in auction do not reach an agreed starting or minimum price, they will be withheld. PERGAMON AUCTIONS will relist these pieces at the After Sale that begins after the live auction. If necessary, PERGAMON AUCTIONS may re-list these goods at any subsequent auction with a new minimum price of up to 50% of the initial starting or minimum price. No minimums are accepted for goods with a value of less than €500 unless otherwise agreed. For all goods that are not collected by the consignor within 21 days after notification from PERGAMON AUCTIONS, storage costs will be charged pro rata of € 5 per day per lot. PERGAMON AUCTIONS reserves the right to sell these goods after notifying the contributor in advance in order to recover any (storage) costs. 

7. Goods must be sent to PERGAMON AUCTIONS carriage paid. All costs of transport, customs, insurance, etc. are at the expense of the contributor. If PERGAMON AUCTIONS returns received goods to the consignor, this will be done solely and exclusively at the latter's risk and expense. These returns are under no circumstances insured by PERGAMON AUCTIONS, unless otherwise agreed in writing.

8. PERGAMON AUCTIONS will pay the contributor the net proceeds of the sale after deduction of its commission and any other agreed costs such as restoration, expertise, transport, etc. insofar as the PERGAMON AUCTIONS has already received full payments in advance from the buyer(s). ). In case of doubt about the solvency of the buyer and/or dispute about the description or nature of an object or for any reason whatsoever, PERGAMON AUCTIONS has the right to postpone payment to the contributor until payment has been received from the buyer. 

9. The contributor authorizes PERGAMON AUCTIONS to sell the goods he has contributed under the terms of sale that PERGAMON AUCTIONS considers most appropriate.

10. All oral agreements that are not confirmed in writing by PERGAMON AUCTIONS are without value.

11. If he is liable for VAT and sells goods as such, the contributor must provide PERGAMON AUCTIONS in advance with all necessary data for invoicing. 

12. Payment will be made from four weeks after the goods are auctioned, sold and paid for by the buyer. 

13. The return of the consignment document is necessary for the collection of the goods upon return. 

14. The consignment document serves as a basic agreement and is therefore not valid as an expert report. In the period between the preparation of the document and the auction of the goods, changes, amendments of all kinds may be added or omitted to the initial description, estimate and/or minimum price. 

15. All disputes in connection with the sale, where appropriate, fall under the exclusive jurisdiction of the courts of Ghent, regardless of the domicile of the parties. In the event that translations of these terms and conditions of sale are invoked, the Dutch text shall prevail.