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Terms & Conditions
Condition of sale
1. The auction is carried out in the name and on account of the customer not of the auction house, own goods excluded. The auctioning will be performed according to the stated sequence in the catalogue.
2. The auctioneer can combine numbers, separate them, can offer them out of the sequence or can withdraw them. He has the right to exclude persons from the auction and to reject written bids.
3. The goods to be sold in the auction can be examined and checked at determined times before the auction; place and date will be mentioned in the catalogue. They will be auctioned in the conditions as examined. The description in the catalogues are made to the best of our knowledge, but they are no guaranteed attributes in the sense of § 459 and following BGB. The auctioneer has no liability for defects. The goods are not tested for function if not stated otherwise. Paintings and drawings are sized (cm), not including the frame. The signatures are read as seen and checked with different scientific methods. Transformers and switch-gears do not come up to the present regulations of the association of German electrical engineers (VDE). Therefore they will be offered just for the purpose of collecting and without any liability of the auctioneer. Proves of forgery, not originals, can be accepted only by an expertise officially recognized (incumbent on the new owner) and presented to the auction house within 6 weeks after receiving the object. Of all our effort,. and technical equipments the colours of photos can varying from the original. We can not guarantee the colour fastening. In case there are diverging numbers with picture and corresponding text by mistake, the text number shall remain valid.
4. Bids have to be placed in written form in EURO. Written bids must be present one day before the auction. The auctioneer reserves the right to reject any bid, in particular where the bidder is not known to the auctioneer, where no security has been given prior to the auction. The auctioneer is entitled to refuse an offer of unknown persons if there is no security guaranteed. Phone biddings are accepted for bids minimum 50 EUR and the bidder agreeing that he bids automatically the reserve or estimate price. The minimum increase of the bids is EUR 5 till the bids come up to EUR 100, EUR 10 up to 1000 EUR and EUR 100 up to EUR 4000. Over 4000 EUR bids increase EUR 500.
5. The knocking down is done if no higher offer is made after the third repetition of the highest offer. Any objections have to be done immediately; in this case the auctioneer can start again with the initial bid of this lot. In case several bidders make the same offer, the knocking down is decided by incoming date. With the knocking down a contract of sale will come about with the seller represented through the auctioneer and the buyer.
6. The knocking down obliges the taking of the sold lot. The knocking down transfers the risk of possible losses, damages, mistakes to the purchaser. It is his business to insure the goods against these risks. The auction house offers the service to organize shipment of goods on the buyers risk and costs only upon the written instructions.
7. The goods become the property of the purchaser only after the complete payment. The objects will only be delivered if the payment has been settled. Till complete payment and change of ownership the storing of the goods takes place at the costs and the risk of the purchaser.
8. Present buyers have to pay the auctioneer or an authorized person on the day of the auction the hammer price, the premium and the sales tax cash or with Euro Card with pin. We do accept payment credit cards (VISA, Mastercard) charging 3.67 % on the total amount. Absent buyers will get an invoice which has to be paid immediately. Property will be shipped after complete payment. The shipment will be carried out as parcel post on the account and risk of the purchaser. There is a flat rate on mailing and packing due to one piece of package; charging 12 EUR for Germany, 18 EUR for Europe, depending on weight and volume, minimum 40 EUR for overseas. Further parcels will be charged separately to foreign customers. If the purchaser wishes an additional insurance it is on his account. The lump-sum is only valid for parcels shipped by mail. Bulky goods will be charged by actual fees.
9. A premium of 20 % has to be paid on the knocking down price. Live-bidding increase the premium of 3 % (total 23 % + VAT = 27.37 %). The German VAT tax (19 %) has to be paid on the surcharge, i.e. the total surcharge amounts to 23,8 %. VAT free sale is valid, according to German tax law, for buyers and delivering outside UE territories. Sales tax in respect of commission and extra costs will be passed on account separately. Invoices issued during the auction have to be checked and paid immediately. 14 days after issue of the invoice (date of issue) the buyer will be in default and costs will be applied.
10. Complaints because of obvious defects have to be made instantly if possible or at latest in 14 days after the auction or 14 days after receiving the goods, to forward them to the seller of the goods.
11. In case the payment does not reach the auctioneer in due time, it will cause an interest for delay for the buyer at a rate of 1.5 % for every month or part thereof, calculating 5 % + VAT of storage costs per item and day. After appointed time with warning of refusal any of his rights deriving from the knocking down will be lost. The articles will be resold at his own cost. The auctioneer is entitled to claim overall damages at a rate of 25 % of the knockdown price due to default (lost of seller's and buyer's commission). Higher expenses remain on the provision. The buyer has the right to proof of less expenditure. Additional costs will be charged to the customer.
12. The auctioneer has the right to withdraw or sue for the debts relating to the contract of sale in other peoples name.
13. To sue the auctioneer for any damages is only possible if the damage was caused deliberately or through bad carelessness.
14. The preceding terms are also valid for the after sale upon the official auction.
15. All visitors are liable for any damages they are causing. The auctioneer has the right to exclude persons from the auction without stating motives especially persons who are disturbing the progress of the auction or defaulting purchasers.
16. The alienable and hereditary rights of realization, right of use and copyright on the pictures in this catalogue are exclusively belonging to the auctioneer and the owner of the goods at the time of publication of the catalogue. They will not pass over to the bidder when he gets the knocking down. The above listed rights imply explicitly the duplication and publishing as well as all rights close to. The purchaser of the goods will waive all rights on the pictures.
17. The visitor accepts the above conditions explicitly by bid participation of the auction or by bid offer.
18. Place of performance for both sides is the residence of the auction house (Mannheim/Germany).
19. Should one or more provisions in these conditions of sale be or become ineffective, the validity of the remaining conditions is retained.
20. In case of doubt the German version of these conditions of sale is legally binding. The objects shown in this catalogue and on our website are our property. Duplicate and copy needs our written agreement.
Buyer EU pays 16% VAT on premium (except retailer with tax-ID). Buyer not-EU tax free (obligatory shipment USA or outside EU territories).
California residents pay 7.50% sales tax unless merchandise is for resale and a valid California resale certificate is on file with our office. All VAT taxes and custom duties are the responsibility of the buyer. London Gallery will not take any responsibility for any refunds on any VAT or duty taxes in the event of a dispute or a returned item. All California dealer re-sell certificates should be e-mailed to: [email protected] as soon as possible to avoid invoices issued with sales tax.