Conditions of sale
the period, unreserved knockdown will be cancelled and the lot put
up for sale again.
b) A reserved knockdown take effect on the moment when the
auctioneer confirms the bid by the corresponding written tendering
of account within 6weeks after the sale.
c) The knockdown commits to purchase.
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.
6. a) Every bidder buys in his own name and for his own account
which 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. If the
auctioneer does not receive the information in time the bill of sale is
assigned to the bidder. Bidders/new clients who are not personally
known to the auctioneer are required to prove their identity before
the auction begins.
b) Written bids (order to bid) must be provided in writing or with
email up to 24 hrs before the auction begins. 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,
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.
7. a) 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 take over 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.
faults of transmission.
b) Telephone bids or bids submitted via the internet during the
auction demand a registration and approval with the auctioneer
beforehand. The auctioneer is not liable for either the availability of
telephone or online connections or any disruptions through which
the bidder is not able to bid or only party bid.
c) Bidding by telephone presupposes a minimum estimate of Euro
1.000. - per 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
d) Sale return right or right to withdrawal as in distance selling orders
are not applicable for telephone or internet bidding.
8. a) The hammer price is 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.
b) 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 8th day at the latest.
c) 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.
d) The auctioneer reserves himself to recheck and to correct the
invoices which are made out during an auction or immediately
thereafter if needed.
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. As
a result he may put the lots up for auction again and 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 purchase immediately after the auction,
latest within 10 days from the acceptance of the bid. Afterwards
the auctioneer is authorised to store the items elsewhere in the name
and on the account of the buyer. For storage of items in the auctioneers
own facilities costs may occur and the auctioneer is not taking any
liability for any damages, loss or mistakes. Shipment will be carried
out only on buyer’s special request on his costs and risk.
11. Buyer and seller may enquire for the address of the contraction
party after completion of the auction and full payment is settled. The
inquiry must be applied for in writing.
12. a) The above conditions shall apply in general also to the postauction
and online sale and any sale by private contract.
b) Place of performance and jurisdiction for any legal proceedings
including default proceedings within the commercial area is Walsrode.
This shall be applicable although the client may live 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 regarding international
goods purchase does not apply.
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 in