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Auction conditions - March 2018
Taking part in the tour and auction or at private sale to interested parties recognize the following conditions:
The auction is voluntary and in the name and on behalf of the principal in the currency "Euro" for immediate payment. As a rule, is increased by about ten percent.
The auctioneer is authorized to exercise all the rights of the consignor from his job and from the surcharges on behalf of the consignor in law.
The auctioneer to auction numbers out of order the catalog to combine numbers, separate and withdraw the right.
The contract will be awarded if no overbid is made after three calls of a bid. The auctioneer may be awarded reserved or deny it on behalf of the client. If offer several people at the same time and after three calls no more bid is made, the batch can decide on the bid. Can an agreement on the contract not be achieved immediately, the matter will be offered again. The auctioneer is entitled to take back the bid and again auszubieten the subject if a higher bid made in time has been overlooked by mistake or otherwise exist doubts about the contract.
If there are several written bids of the same amount, counts the time of receipt of the bid. Written bids are up to the auction binding and can not be pulled back. Telephone bids are possible from a limit price of 100 euros. The emergence of a compound of the auctioneer is not responsible. Telephone inquiries during or immediately after the auction (surcharges / surcharge prices) are only binding if they are confirmed in writing.
LIVE Online Bids: For technical and organizational communication of these deals, the Auctioneer shall not be liable.
The contract obliged to accept. Ownership is only with the payment of the purchase price, the risk against any damage already with the supplement to the buyer. Carried a supplement, subject to, the bidder is bound for a period of three weeks to his bid. he does not receive the unconditional surcharge within this period, it will invalidate this. The auctioneer has the right to strike at any time without consultation with the proviso bidders to a limit bidder or to sell them privately.
In awarding the contract, a buyer's premium of 18 percent (plus. 19 percent VAT. On buyers premium) is payable immediately to the auctioneer. Sales tax is levied only on the commission. With delay of payment of the successful bidder shall be liable for all resulting damages, particularly for interest rate and currency losses. A deferred purchase money does not happen. During or directly after the auction must due to overloading of the accounting of another investigation. Errors and omissions excepted.
If the buyer refuses acceptance or payment or he is in default with the payment of the purchase price, the auctioneer may optionally either demand fulfillment of the contract or damages for non-performance. The buyer is in arrears if the period associated with a reminder has elapsed. the auctioneer demands fulfillment, he is entitled to the damage caused by delay in addition to the purchase price. This includes any exchange and interest losses and the cost of litigation. the auctioneer demands compensation due to non-fulfillment, he is entitled to auction the auctioned on occasion again. With surcharge, the rights of the buyer from his earlier knockdown. The buyer is liable for any loss, other hand, has not approved not entitled to any additional proceeds and will re-auction. He is now considered a supplier and is required to pay as a consignor, a commission fee, which is deducted in addition to all costs incurred from the proceeds. The remaining proceeds will then be according to the claim for damages. § 367 BGB credited. The Auctioneer may at any time move from the settlement to the claim for damages he is seeking damages for non-performance, the fulfillment claim has expired. The auction house breach of contract - if necessary give other auction houses known - eg late or only partially or completely missed payment. the costs incurred in addition to all be deducted from the proceeds. The remaining proceeds will then be according to the claim for damages. § 367 BGB credited. The Auctioneer may at any time move from the settlement to the claim for damages he is seeking damages for non-performance, the fulfillment claim has expired. The auction house breach of contract - if necessary give other auction houses known - eg late or only partially or completely missed payment. the costs incurred in addition to all be deducted from the proceeds. The remaining proceeds will then be according to the claim for damages. § 367 BGB credited. The Auctioneer may at any time move from the settlement to the claim for damages he is seeking damages for non-performance, the fulfillment claim has expired. The auction house breach of contract - if necessary give other auction houses known - eg late or only partially or completely missed payment.
Auctioneer receives, buying residues and fringe benefits, the auctioneer, recruit or in its own name to sue.
All lots put up for auction items are used and can be adequately inspected prior to the auction and tested. Descriptions in the catalog given to the best of my knowledge. Nevertheless, the Auctioneer assumes no responsibility for catalog information, this is especially true with regard to quality, integrity, authenticity, artist name, place and time determination of objects, not even for hidden defects. Context, when the auction of pictures and paintings only additions and -if vorhanden- external protection of the pictures. The state of the frame is ignored. Descriptions of all Asian done after careful consideration in the context of our available options. Information on the nature and age of the articles recover, due to the specific feature of this area only a subjective opinion. We have explicitly out that complaints are excluded. The catalog descriptions are so gem not guaranteed properties. § 459ff BGB. Against the Auctioneer directed complaints can not be considered for the award. Makes a buyer of the offered tour time no use, as an unseen purchase as bought applies as inspected. The auctioneer reserves the right to submit put forward reasonable notice of defects the purchaser within six working days of receipt of the goods as far as possible to the client, which the offending stuff has admitted. The auctioneer is entitled, but not obliged to take back without consultation with the respective consignor disputed objects in its name. In distance contracts concluded in the form of an auction pursuant to §156 BGB, the right of withdrawal (§ 312 BGB). These are for public auctions in terms of § 383 para. 3 BGB. A Cancellation and return right after the award does not exist (see. § 474 BGB).
The collection of the bidding good must immediately and take place immediately after the auction, otherwise the collection takes place at a forwarding agent for safekeeping at the expense and risk of the purchaser. Liability for any damage to or loss of objects, the auctioneer does not assume. Each Custody and each transport is at the risk and expense of the purchaser.
In the exhibition and auction rooms, each visitor is liable - especially for inspections-even without any fault for any of it caused damage.
The place of fulfillment and jurisdiction is the extent permitted, 97070 Würzburg.
Even with written orders and bids grant the buyer accepts the auction terms. For written orders, the numbers listed in the catalog shall prevail.
The above conditions shall apply mutatis mutandis to the free sale and services more services. If any of the above auction conditions are or become invalid, then replaced by a regulation which corresponds to the meaning and purpose of the invalid provision, the validity of the remaining auction conditions will not be affected in their place.
As long as catalog owners, auction participants and bidders express itself not to the contrary, they agree that items from the period of the so-called. 3. Reich only for purposes of civic education, protection against anti-constitutional activities, scientific and. art historical research u. Teaching, reporting over time history or for similar purposes track (§§ 86 & 86a CC). The auction house Kempf and the consignor provide these items only under these conditions and give them even from only under these conditions.
The auctioneer is ready to share the consignors and Ersteigerern after the auction at a justified interest of the name and address of each contracting party. Self-product is characterized by a diamond. The disclosure is necessary to specify the lot number in question.