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Coditions of Sale
CONDITIONS OF SALE
Conditions of Sale in our Live Auction Sales, Internet Auction Sales and Internet Exhibitions of SalesPaul Deutsch Auction is a registered and licensed auctioneer enterprise (ATU10568009) of the State of Vienna (Austria/Europe). All items and properties we offer are onthe basis of a commissioner which means that we act asagents for third parties (buyer andseller) to buy and sellfine art and antiques only. Paul Deutsch Auctions will bemonogrammed PDA in the forthcoming paragraphs. All goods PDA offers on our internet site are consigned for sale at the PDA websiteexclusively. There is no permission to reproduceor copy any objects or text from our site.Beware any illegal action in this case or in case of misuse. Photo rights for promotion andcommercial use stay with PDA for sold and unsold items. Descriptions and condition reports as well as any further written material of itemsconsigned in our sales are made by PDA, verified and experienced art experts only and alldescriptions are made with the highest achievable actual knowledge and are not guaranteedfor the buyer. PDA takes responsibility for this descriptions and guarantees that they are madewith the highest level of knowledge and conscience at time of catalogue creation. However,notice that we are not professional restorers or art historians, nor have access to any scientificresearch tools or proof. Therefore we strongly suggest to visit the preview of the items with anexpert of your trust to get a personal opinion. Misnomers or faults in our descriptions mayhappen - the condition of objects have to be proofed personally. PDA is not responsible fordescribed expertises by other experts than the PDA home experts. In the case of a differentopinion, if a reclamation is legitimated, PDA will order a third independent expert who is alsoaccepted by the buyer for a final expertise. Frames, passepartouts, concealed damages andother covers of objects and their conditions will not be described and guaranteed indescriptions. The catalogue and the conditions of sale are written in English language on ourinternet site. Any other written or spoken translations are not guaranteed. The estimates shown on our website are made by our experts. This estimates meanwhich price the item can possibly reach (expectation) and it must be understood as a helpfulguide for bidding made by the experiences of the actual market situation. Usually theestimates are made as low as possible and the worth of an item can be even much higher.Placing a bid or offer means that you are willing and obliging yourself to buy and pay theselected object to the price you filled out in the bid form or by placing a bid in the saleroom(exclusive commissions and taxes), and that you accept our Conditions of Sale by sending usthe confirmed Bid Registration Form or by placing your online bid. There may be a reserve or limit price in our sales. Biddings start regularly between50-75% of the lower estimate. But we do not accept bids/offers under 50% of the lowestestimate. Bidding has to be placed in steps of not less than 10% from theprecedingbid (forexample: 100... 110... 120... 130... 140... 160... 180.. 200.. 220... etc.). However it is possibleto place higherbids as 10%. PDA has the possibility to ignore a bid which is under this 10%mark. If the sale is hold as a Live session there will be a catalogue and descriptionsof theobjects exclusively on our website on display, and partly in a printed brochure. At a Live sale
in our business premises, all objects will be on display at least 3 days before the sale in ourshowrooms. All objects should be proofed personally by the buyer prior to the sale; thecompleteness and correctness of the descriptions and photos cannot be guaranteed. Thebidder/buyer commits himself in any circumstances to fulfil the payment of the item he wonin the sale by knock of hammer. Reclamations after knock of hammer will not be accepted. Thecatalogue with descriptions and photos are online only and have no guarantee oftotality, accuracy and truth. The participation at the sale personal, by telephone or even inform of a written bid is only possible withregistrationprior to the sale on our website byfilling out a bid form with your data and an existing credit card number (where a certainamount will be reserved until the object is paid in full or the reservation is cancelled if the bidwasn't successful) withthe name of the bidder - after sending it by email or by fax. Afteraccepted registration, you can participate at the Live sale personally or by phone or in form ofa written bid, which will berespected by the auctioneerat the sale. Written bidswhich wheremade online will not be displayed on our website prior to the sale. Telephone lines will beprovided at the day of sale without guarantee of connection and functioning and is a matter ofavailability. The sale will be held at a certain time which is announced and published in advanced-entry to the sale room and participation at the sale is only possible with an online registrationat least one hour before the sale. All offers from participating parties will be respected. Theauctioneer are in title to spare or combine lots as well to cancel the knock of hammer in caseof any differences and to sell the object again. The person who offers the highest bid as theobject is called will be the winning bidder. The bidding procedure will be ending by the knockdawn of hammer or a ring of the auctioneers bell after no more bids are offered. The winningbidder is now titled to pay and collect the object in between two weeks. After the sale, theInvoice will be prepared and should be cleared as soon as possible. Any lot and also the titleand description of the lot will not pass until payment is received in full. For objects which arenot collected in between two weeks after the sale (either if they are paid or not) the risk of anytype of damage is at the buyers side. Also storage, handling or additional transport chargeswill be with the buyer after this period. For technical reasons Invoices can not be preparedduring the sale as well there is no Payment and collection possible during the Live sale.Payment can be made in cash/ cheque / bank transfer/ credit card - and have to be clearedproofed and transferred on our accounts before collection and release of goods are possible, aswell for additional costs of cheques or credit card payments see dawn under. The BuyersPremium at Live Sales are 24% on the hammer price. Payments by credit card have to faceadditional charges MC 3,35% / Visa 3,55%. Bank transfers have to be made without chargesfor PDA.If you bid for one or more items in our sale, every buyer is personally liable for hisbid. Payments have to be made immediately after receiving the invoice at least in betweentwo weeks after the sale (knock down of hammer). PDA have even the right in the event ofnot paying in between two weeks to cancel the sale and to complaint by justice or any otherkind of legal action at the home address of the hesitate buyer. This possible complaintincludes any further expenses in that case for PDA and any loss of earnings. PDA have theright to offer the objects in a sale again and the default customer has to compensate any lossof business. Any lot and also the title and description of the lot will not pass until payment isreceived in full. Objects which are not collected in between two weeks after the sale either ifthey are paid or not the risk of any type of damage is at the buyers side. Also storage,handling or additional transport charges will be with the buyer after this period. Transport
responsibility of the purchased objects are not linked to the purchase itself and are theresponsibility of the buyer only. PDA is not responsible for any licenses or documents in case of export or import orfor packing, insurance and transport. Charges for documents have to be paid by the buyer.Even if PDA is assisting in some case, the buyer dispenses PDA for any case of reclamation.The risk of damage or loss is with the buyer after he or his commissioner is receiving thegoods, even if the transport was organised by PDA. If transport charges are described asguaranteed in the description the buyer has the guarantee that the transport costs will not bemore as stated. PDA advice you to order transport insurance. All transports and packingwhich PDA is arranging itself or with other companies are not guaranteed and the buyeraccepts complete exclusion of liability. If an item is not be collected by the buyer, storagecharges and possible handling fees will occur. If the buyer fails to collect the item(s) afterreminders and if the value of the storage charges exceed the hammer price, PDA is entitled tosell the item. Nevertheless the buyer is responsible for any loss of earnings even afterreselling. For any consignments PDA is entitled to sell for the confirmed price on the propertyreceipt in the name of the seller and charge a selling commission. If an item is released toPDA for sale and will be rejected by the consigner before or during the sale, PDA has theright to charge possible costs to the consigner. The consigner excludes PDA from any rightsof third parties, hidden damages or disadvantages. The result of the sale will be paid to thebearer of the property receipt one month after the sale if the item was paid in full. Theconsigner releases PDA from any responsibility of non-payment, reclamations, default ofpayments or any other juridical payment consequences. If a reclamation is treated after thealready received funds, the consigner accepts a repayment. Discovery Sales:Discovery Sales and sales without reserve prices have additional manipulation fees 8.-€ plustaxes for each lot which sell under 80.- Euro, and are subject to service fees for photo request,condition reports and any additional services. Important Information:Kindly note that participation at the sale even personal is only possible withmandatory prior registration at least one hour before the sale and can be done ONLINE or byfax. Bidders without online registration will not be accepted.Explanation of Cataloguing Terms: 1.) Only if the name of an artist is written in full with his life dates and place of birth anddeath the object is in our mind by that artist. Whether the object is signed or not. 2.) "Attributed to ... " means that in our mind it is a work by the hand of the describedartist, although there is a degree of uncertainty as to the authorship. 3.) "Studio or workshop ..." means that the object was created with influence from theartist or from his absolutely near environment, maybe with parts from the artist himself.
Shipping and sending of bought and payed objects have to be arranged by the buyer and are on the risk of the buyer. We offer a list of recomended professional shippers.
For smaller and less fragile objects we offer packing and posting at the buyers risk only.