Conditions of sale
5. The auctioneer may refuse any bids, in this case the bid given
before is binding. If two or more persons bid the same amount, lots
shall be drawn. If disagreement exists on a successful bid, the
auctioneer reserves the right at his discretion to repeat the knockdown
immediately to a certain bidder or to call up the lot again. The
auctioneer may rescind a decision and put the lot up for sale again
if a higher bid made in time has been overlooked and
the auctioneer's attention is drawn to it by the bidder immediately
or if the decision is open to other doubt.
If a successful bidder declares his offer as not valid, the auctioneer
may nevertheless knock down the lot to him and prosecute him for
resulting rights but he also may knock down the lot to a person
with the next lower bid or he may put up the lot for sale again.
6. a) Every bidder buys in his own name and for his own account,
that means he is personally liable. If a bidder wants to bid in the
name and account of a third person, he has to inform the auctioneer
in writing at least 24 hours prior the sale about name and address
of the agent and presentation of a written power of attorney. When
the details did not come in, the bill of sale come about the bidder.
Bidders/new clients who are not personally known to the auctioneer,
are required to prove their identity before the auction
b) Written bids (order to bid) must come in at least 1 day prior the
sale. The bidden prices did not comprise surcharge and tax. Decisive
is the Catalogue-number and not the indication of item. Every bid
will be enlisted only as far as necessary to outbid other bids. The
written bid is irrevocable and obliging and remains in effect during
the auction and the post-auction sale. It will be cancelled 8 weeks
after the date of the auction.
c) Bidding by telephone presupposes a minimum estimate of Euro
1.000. - on any item. Telephonic bits shall be confirmed in writing.
With the application for bidding by telephone the bidder gives his
approval for a possible recording of the telephone call. This does
not mean, that the auctioneer is obliged to record every telephone
call. The auctioneer is authorized to bid for the bidder up to the price
printed in the catalogue, if the telephone line will not achieved or if
the telephone line will be interrupted during bidding. The auctioneer
does not guarantee the processing of the bids. Especially he does
not guarantee for the establishing or maintaining of the telephone
connection or faults of transmission.
7. From the fall of the hammer onwards every lot will be in the risk
of the buyer under §§ 446, 447 BGB (German Civil Code). The
buyer is obliged to takeover the items immediately at Kunstauktionshaus
Schloss Ahlden. The ownership shall not pass to the buyer until full
payment has been received. The reservation of the ownership
concerns every single lot bought by the same customer and it remains
in effect until full payment is received for every lot, bought by the
same customer at the current and previous auctions. In favour of the
consignor the auctioneer makes use of his right to keep all items until
complete payment. Regardless of this right of keeping the items
requirements of arrears are valid.
8. The hammer price is just the net price. The successful bidder must
pay a premium of 25 % which includes VAT (at present 19 %).
Exports in third countries (i. e. non EC) will be exempt from VAT if
the exportation by the customer takes place within 3 months after
the auction. The VAT will be refunded as soon as the form certifying
the exportation has been returned.
The final price is to pay immediately by the buyer in Euro (€). If the
offer was made personally, the payment has to be made either in
cash or by confirmed cheque to the auctioneer. The bidder falls into
arrears when the final amount is not revealed on the account of the
auctioneer on the 8. day at the latest.
Kunstauktionshaus Schloss Ahlden GmbH is legitimated to assert and
to collect in his own name the total claim for the consignor through
the courts or out of the court.
The auctioneer reserves himself to recheck and to correct the invoices
which are made out during an auction or immediately thereafter if
9. If the customer is in arrears with his payment or purchase of the
items, the auctioneer is legitimated at his choice to claim fulfilment
of the contract for sale or to withdraw from the contract of sale and
to put up the lots for auction again and to request compensation
because of non-performance. If an item is sold during a renewed
auction, the first buyer is liable for a possible minimum proceed
including the charges for resale(s). In the contrary he has no claim
to the surplus and he can be excluded from further bids.
10. The buyer has to collect his purchases immediately from the
auctioneer, at latest within 10 days from the acceptance of the bid.
Afterwards the auc-tioneer is justified to store the items in the name
and on the account of the buyer at a third person. Liabilities for any
damages, loss or mistakes are refused
for items stored at the auctioneer.
Shipment will be effected only on buyer’s special request without
exception on his costs and risk.
11. After termination of the auction and full payment buyer and seller
may ask the auctioneer for the address of the contracting party. The
inquiry must be drawn up in writing.
12. a) The foregoing conditions shall apply in general also to the
post-auction sale and any sale by private contract.
b) Place of performance and place of jurisdiction, for any legal
including default proceedings, within the commercial
area is Wals-rode. That shall be applicable although the client may
living in an area within
the German law is not operative or his place
of residence is unknown at the date of the complaint collection. Legal
relations shall be governed by the law of the Federal Republic of
Germany. The regulations of the UN right of purchase about the
international goods puchase do not applied.
13. Should any provision hereof become wholly or in part ineffective,
the validity of the remaining provisions shall not be affected
thereby. In case of dispute, the German version of these Conditions
of Sale shall prevail. Deviating and additional agreements requires