TERMS & CONDITIONS
TERMS AND CONDITIONS OF AUCTION - ON-SITE AUCTION
NEUMEISTER
Münchener Kunstauktionshaus GmbH & Co. KG
1. NEUMEISTER Münchener Kunstauktionshaus GmbH & Co. KG
(hereinafter referred to as the "Auction House") conducts public
auctions in the name and for the account of Consignors (agency
status). The auctions are voluntary.
2. The catalogue of all items to be auctioned and their descriptions are
freely available on the NEUMEISTER website. The prices listed in
the catalogue are estimates and do not constitute minimum
hammer prices (reserves).
3. Each Bidder bids in their own name and for their own account
unless they provide written proof of a valid power of attorney prior
to the fall of the hammer. All bids must clearly identify the item by
catalogue number and the price offered, which shall be the hammer
price excluding surcharge and VAT. Any ambiguity or inaccuracy in
a bid shall be at the Bidder's risk. In case of doubt, the catalogue
number shall prevail. In the case of telephone bids, a connection
cannot be guaranteed. The estimated price stated in the catalogue
is the minimum acceptable bid for telephone Bidders.
NEUMEISTER cannot accept any liability for the correct recording
of bids submitted by email, in writing or by telephone.
4. The Auction House reserves the right to combine or separate
catalogue numbers, to call lots in a different order to that shown in
the catalogue, or to withdraw any lot before or during the auction.
Each lot may be knocked down at half the estimate unless higher
written or telephone bids have already been received. Bids will
normally be increased at the Auction House's discretion, usually in
10% increments.
5. The Auction House/Consignor reserves the right to reject or
withdraw a bid at its discretion where there are reasonable grounds
for doing so. If the Auction House inadvertently overlooks a higher,
timely bid and the Bidder promptly objects, or if any uncertainty
arises as to the winning bid, the Auction House may, at its sole
discretion, reconfirm the winning bid in favour of a particular Bidder
or re-offer the item for sale until the end of the auction. In such
cases, the previous confirmation of the winning bid shall be null and
void. If a successful bid is not confirmed despite a bid having been
placed, the Auction House/Consignor shall only be liable to the
Bidder in the event of intent or gross negligence.
6. The lot will be knocked down to the highest Bidder if no higher bid
is made after three calls by the Auction House. The Auction House
may reserve the right to accept or reject a bid, particularly if the
reserve price set by the Consignor has not been reached. In this
case, the Bidder is bound by their bid for a period of three weeks. If
the Auction House does not accept the bid unconditionally within
this period, the knockdown shall lapse. If the bid is not accepted or
if a higher bid is received at the reserve price, the item may be sold
to the higher Bidder without further notice to the Bidder whose
reserved bid has lapsed. It is the responsibility of the lapsed Bidder
to inquire about the Auction House's decision regarding their bid.
The fall of the hammer shall be deemed to have taken place when
the Auction House sends notification to the address provided by the
Bidder.
7. The knockdown obliges the successful Bidder to accept and pay
immediately; the risk of damage, loss, confusion, etc. of the
auctioned item for which the Buyer is not responsible shall pass to
the successful Bidder, who shall also bear the costs. The risk of an
export licence or its issue is borne by the Buyer.
8. a) The method of taxation applied to a lot, whether differential or
standard, will depend on the Consignor's instructions. In the case
of differential taxation under Sec. 25a Value Added Tax Act (UStG),
a 30% surcharge will be applied to the hammer price up to and
including €200,000 and a 27% surcharge to the amount exceeding
€200,000. These surcharges already include VAT, which is not
shown separately. Catalogue items marked with an asterisk (*) are
subject to standard taxation, with a 25% surcharge applied to the
hammer price up to and including €200,000 and a 22% surcharge
to the amount exceeding €200,000. Statutory VAT will then be
added to the hammer price and the applicable surcharge and
shown separately.
b) Regardless of the type of taxation, any applicable resale right fee
will be added to the invoice amount. This is standardised under
copyright law (Sec. 26 UrhG).
c) If the Buyer exports the auctioned items to an address in a third
country (outside the EU), the VAT paid will be refunded upon
presentation of proof of export to the Auction House. The purchase
price is due at the fall of the hammer. Invoices issued during or
immediately after the auction are subject to verification and errors
may be corrected.
9. Payments shall be made in cash or by bank transfer in EUR (€) to
the Auction House. In addition to the payment methods offered,
other methods will only be accepted based on special agreement
for the purpose of processing. All costs, taxes and fees associated
with payment, including bank charges deducted by the Auction
House, shall be borne by the Buyer. The Auction House/Consignor
shall not be obliged to release the consignment before payment (in
the case of non-cash payment before unconditional bank credit) of
all sums owed by the Buyer. The property remains reserved until all
the claims of the Auction House/Consignor against the Buyer
existing at the time of the knockdown have been settled. The Buyer
may only set off undisputed or legally established claims against
the Auction House. The Buyer's rights of retention are excluded
unless they are based on the same contractual relationship.
10. In the event of late payment, interest of 1% per month will be
charged. In the event of default in payment, the Auction
House/Consignor may, at their discretion, demand performance of
the purchase contract or, after a reasonable period of grace has
elapsed without result, damages for non-performance. In this case,
damages may also be calculated in such a way that the item is
auctioned again and the defaulting Buyer is liable for the lower
proceeds compared to the previous auction and for the costs of the
repeated auction, including the surcharge. The Buyer will not be
allowed to bid again and will not be entitled to any additional
proceeds.
11. At the fall of the hammer, the auctioned item shall be stored at the
Auction House for the account and at the risk of the Buyer. The
Buyer is obliged to collect their purchase immediately. Shipping will
only be arranged at the Buyer's request and in accordance with
their instructions, and at their expense and risk. If the Buyer fails to
take delivery of the item after being notified to do so, the Auction
House/Consignor may claim damages for late delivery. The Auction
House may then auction the item again and calculate their
damages in the same way as for late payment. In the event of late
delivery, the Auction House is entitled but not obliged to take out
insurance on the item at the Buyer's expense or to take other
measures to protect the value of the item. The Auction House may
also store uncollected items at a third party in the name and for the
account of the Buyer. If the Buyer chooses to self-store the item,
the Auction House may charge a customary storage fee (plus
handling costs).
12. All items to be auctioned can be viewed and inspected prior to the
auction. The items are used and will be sold in the condition in
which they are at the time of acceptance of the bid and in
accordance with the description given. The Auction
House/Consignor accepts no liability for any material defects and
the sale is made without warranty or guarantee of any kind. The
descriptions are not exhaustive as to the condition of the items and
any omissions do not constitute a warranty of quality or specific
characteristics. The descriptions are made to the best of our
knowledge and belief, but do not constitute legally binding
guarantees in the sense of Sec. 434 ff. German Civil Code (BGB).
The same applies to any information about the condition of the
items, whether given orally or in writing.
13. Claims for damages due to defects, loss or damage of the
auctioned item, on whatever legal grounds, or due to deviations
from published descriptions or information given elsewhere, are
excluded, unless the Consignor, the Auction House, their legal
representatives, employees or vicarious agents have acted with
intent or gross negligence or have breached essential contractual
obligations. This exclusion does not affect liability for damages
arising from loss of life, limb or health; otherwise, Sec. 12 applies.
14. Place of performance and jurisdiction, insofar as they can be
agreed, shall be Munich, Germany. German law shall apply. The
UN Convention on Contracts for the International Sale of Goods of
11 April 1980 (CISG; Federal Law Gazette (BGBI) 89 II) shall not
apply. Should any of the provisions be or become invalid in whole
or in part, this shall not affect the validity of the remaining
provisions. The invalid provision shall be replaced by a valid
provision which comes as close as possible to the economic
content and purpose of the invalid provision.
15. These Terms and Conditions of Auction shall also apply mutatis
mutandis to any subsequent private sale of items by the
Auctioneer/Consignor to a Buyer.
Buyer's Premium
8. a) The method of taxation applied to a lot, whether differential or
standard, will depend on the Consignor's instructions. In the case
of differential taxation under Sec. 25a Value Added Tax Act (UStG),
a 30% surcharge will be applied to the hammer price up to and
including €200,000 and a 27% surcharge to the amount exceeding
€200,000. These surcharges already include VAT, which is not
shown separately. Catalogue items marked with an asterisk (*) are
subject to standard taxation, with a 25% surcharge applied to the
hammer price up to and including €200,000 and a 22% surcharge
to the amount exceeding €200,000. Statutory VAT will then be
added to the hammer price and the applicable surcharge and
shown separately.
b) Regardless of the type of taxation, any applicable resale right fee
will be added to the invoice amount. This is standardised under
copyright law (Sec. 26 UrhG).
c) If the Buyer exports the auctioned items to an address in a third
country (outside the EU), the VAT paid will be refunded upon
presentation of proof of export to the Auction House. The purchase
price is due at the fall of the hammer. Invoices issued during or
immediately after the auction are subject to verification and errors
may be corrected.
errors excepted.
Buyer's Premium
8. a) The method of taxation applied to a lot, whether differential or
standard, will depend on the Consignor's instructions. In the case
of differential taxation under Sec. 25a Value Added Tax Act (UStG),
a 30% surcharge will be applied to the hammer price up to and
including €200,000 and a 27% surcharge to the amount exceeding
€200,000. These surcharges already include VAT, which is not
shown separately. Catalogue items marked with an asterisk (*) are
subject to standard taxation, with a 25% surcharge applied to the
hammer price up to and including €200,000 and a 22% surcharge
to the amount exceeding €200,000. Statutory VAT will then be
added to the hammer price and the applicable surcharge and
shown separately.
b) Regardless of the type of taxation, any applicable resale right fee
will be added to the invoice amount. This is standardised under
copyright law (Sec. 26 UrhG).
c) If the Buyer exports the auctioned items to an address in a third
country (outside the EU), the VAT paid will be refunded upon
presentation of proof of export to the Auction House. The purchase
price is due at the fall of the hammer. Invoices issued during or
immediately after the auction are subject to verification and errors
may be corrected.
errors excepted.
