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Lot 3032: JAN STEEN

Est: CHF 60,000 - CHF 100,000Sold:
Koller AuctionsZurich, SwitzerlandSeptember 20, 2024

Item Overview

Description

JAN STEEN
(1626 Leiden 1678)
Cheerful company before an inn.
Oil on panel.
Signed below right: JS (ligated) teen.
40.4 × 50 cm.

Provenance:
- Von Nell collection.
- By descent, European private collection.

Exhibited:
Museum Wiesbaden - Hessisches Landesmuseum für Kunst und Natur, 2008–2024, permanent loan.

This painting is an early work by Jan Steen, where the artist, well-known for his merry companies, already shows the characteristics of his art. Dr Fred G. Meijer dates this scene in the early 1650s, and confirms that this painting was part of a production created for the market rather than a commission, attesting to the popularity of such subjects at that time.

The scene takes place in front of a crowded inn with a landscape in the background. In the middle of the composition a merry couple is dancing to the rhythm of the music played by a violinist. The large variety of characters, representing children with their toys watching the scene, a drunk man with his fly open supported by his wife, and a smiling grandfather hugging a young child, is representative of Steen‘s fine observation of the human condition. Painted in soft colour tones, this work is an extraordinary example of Steen’s early technique and style. Whereas the later works are painted in great detail, the early paintings such as this one represent characteristic faces in a vivid manner. The painting "Peasants dancing at an inn", (c. 1646–48, oil on panel, 40,2 × 57,5 cm, Mauritshuis, The Hague, inv.-no. 553) comparably shows how Steen is able to suggest the dancers’ movements and the laughing faces, therefore depicting joyful moods in a simple but efficient way.

Jan Steen was born in Leiden c. 1626 in a family of Catholic brewers, allowing the painter to experience first-hand the merriness of taverns and inns that his parents frequented for their business. He received his education as a painter before co-founding in 1648 the painters’ Guild of Saint Luke in Leiden, which became an important association for professional artists. Arnold Houbraken (1660–1719), the biographer of the most famous seventeenth-century Dutch artists, described Steen as ‘farcical’ and ‘ever jolly of spirit’, stating that ‘he was able to express things by his intellect and brush, both with respect to the depiction of nature and the manner of painting, that are worthy of admiration’ (Arnold Houbraken: The great theatre of the Netherlandish painters and paintresses, 1718. Online translation 2021, vol. 1, p. 374). It is this characteristic that made the artist’s fame, and that one can readily observe in this artwork. Steen is known to include self-portraits in group scenes, which demonstrates his self-awareness and self-depreciation. The violinist of this painting bears similarities with his traits, which could suggest his ambition to include himself in his compositions at an early stage of his career.

This work is also attractive for its particular provenance, as it has been in the possession of the family Von Nell for centuries. The earliest ancestor can be traced back to 1643, namely Christian Nell in Wallersheim near Koblenz. He built his fortune as a raftsman and timber merchant, a business that his descendants perpetuated for generations. Merchants like him transported raw materials on a raft, a kind of a floating island navigating on the Rhine, and furnished cities along the river with oak and beech timbers for various economically significant constructions. The close connection between the Netherlands and this profession suggests that Christian Nell, his son Peter Christian, or one of their descendants could have purchased the painting by Steen on the Dutch market.

During the Thirty Years War, raftsmen, who became wealthy from their trade, financially supported the princes and towns. To thank Peter Christian Nell for his services, the emperor Charles VI awarded him the knightly imperial and hereditary Austrian nobility as von Nell zu Thomenacher in 1709, therefore raising the social status of the family’s Rhenish line. The emperor recognised the coat of arms of the Von Nell as decorated with an ear of corn and a fish labelled as a dolphin or a whale, as illustrated in Fig. 1.

Since 2008 until now this painting was on long-term loan to the Museum Wiesbaden, where it was exhibited to the public.

The painting is archived in RKD, The Hague, as an authentic artwork by Jan Steen under the number 313806.

* The full tax is charged on this item marked * in the auction catalogue, i.e. VAT is charged on the sum of the bid price plus the surcharge for those items. The VAT will be refunded to Purchasers providing a validly stamped export declaration.
-------------------------------------------------
JAN STEEN
(1626 Leiden 1678)
Fröhliche Gesellschaft vor einem Wirtshaus.
Öl auf Holz.
Unten rechts signiert: JS (ligiert) teen.
40,4 × 50 cm.

Provenienz:
- Sammlung von Nell.
- Durch Erbfolge an heutige Besitzer, Europäische Privatsammlung.

Ausstellung:
Museum Wiesbaden - Hessisches Landesmuseum für Kunst und Natur, 2008–2024, Dauerleihgabe.

Dieses Gemälde ist ein Frühwerk von Jan Steen, in dem der Künstler, der vor allem für seine humorvollen Gesellschaften geschätzt wurde, bereits die Charakteristik seiner Malerei vor Augen führt. Dr. Fred G. Meijer datiert diese Szene in die frühen 1650er-Jahre und vermutet, dass dieses Gemälde für den offenen Markt geschaffen wurde und die Beliebtheit solcher Themen in dieser Zeit belegt.

Die Szene spielt sich vor einem belebten Gasthaus mit einer Landschaft im Hintergrund ab. In der Mitte der Komposition tanzt ein fröhliches Paar zum Rhythmus der Musik, die von einem Geiger gespielt wird. Die grosse Vielfalt an Figuren, nämlich die zwei Kinder mit ihren Spielzeugen, die die Szene beobachten, der betrunkene Mann mit offenem Hosenschlitz, der von seiner Frau gestützt wird, und der lächelnden Grossvater, der ein kleines Kind umarmt, ist repräsentativ für Steens feine Beobachtung der menschlichen Art. Dieses in weichen Farbtönen gemalte Bild ist ein aussergewöhnliches Beispiel für Steens frühe Technik und Malstil. Während die späteren Werke in einer eher feineren Detailvielfalt gemalt sind, zeichnen sich die frühen Gemälde, zu denen auch dieses hier angebotene zählt, durch markante Gesichtszüge in einer freien virtuosen Malweise aus. Stilistisch vergleichbar mit unserer Darstellung ist ein weiteres Frühwerk von Jan Steen, "Bauern tanzen vor einem Gasthaus" im Mauritshuis, Den Haag (um 1646–48, Öl auf Holz, 40,2 × 57,5 cm, Inv.-Nr. 553), bei dem die Bewegungen der Tänzer und die lachenden Gesichter in einer wirkungsvollen Weise die fröhliche Stimmung widerspiegeln.

Jan Steen wurde um 1626 in Leiden in einer katholischen Bierbrauereifamilie geboren und erlebte so aus erster Hand das fröhliche Treiben in den Kneipen und Gasthäusern, die seine Eltern für ihre Geschäftsbeziehungen aufsuchten. Er erhielt eine Ausbildung als Maler und war 1648 Mitbegründer der St. Lukas-Malergilde in Leiden, die sich zu einem wichtigen Zusammenschluss professionalisierter Künstler entwickelte. Arnold Houbraken (1660–1719), der Biograf der berühmtesten holländischen Künstler des 17. Jahrhunderts, beschrieb ihn als "farcenhaft" und "immer fröhlich im Geiste" und stellte fest, dass "er in der Lage war, mit seinem Verstand und seinem Pinsel Dinge auszudrücken, sowohl in Bezug auf die Naturdarstellung als auch auf die Malweise, die Bewunderung verdienen" (Arnold Houbraken: The great theatre of the Netherlandish painters and paintresses, 1718. Online Übersetzung 2021, Bd. 1, S. 374). Der Geiger dieses Gemäldes weist Ähnlichkeiten mit Steens eigenen Gesichtszügen auf, was auf dessen Ehrgeiz hindeuten könnte, sich selbst schon in einem frühen Stadium seiner Karriere in seine Kompositionen einzubeziehen.

Dieses Objekt ist auch durch seine besondere Provenienz attraktiv, da es sich seit Jahrhunderten im Besitz der Familie von Nell befunden hat. Der früheste Vorfahre lässt sich bis 1643 mit Christian Nell in Wallersheim bei Koblenz zurückverfolgen. Er baute sein Vermögen als Flösser und Holzhändler auf, ein Geschäft, das seine Nachkommen über Generationen fortführten. Kaufleute wie er versorgten die Städte entlang des Flusses mit Eichen- und Buchenstämmen für verschiedene wirtschaftlich bedeutsame Bauwerke. Die enge Verbindung zu den Niederlanden, die mit diesem Beruf verbunden ist, legt nahe, dass Christian von Nell, sein Sohn Peter Christian oder einer ihrer Nachkommen das Gemälde von Steen auf dem niederländischen Markt gekauft haben könnten.

Während des Dreissigjährigen Krieges unterstützten die Flösser, die durch ihren Handel reich wurden, die Fürsten und Städte finanziell. Zum Dank für seine Verdienste verlieh Kaiser Karl VI. dem Sohn Peter Christian Nell 1709 den ritterlichen kaiserlichen und erblichen österreichischen Adel als von Nell zu Thomenacher und hob damit den sozialen Status der rheinischen Linie der Familie. Der Kaiser erkannte das mit einer Ähre und einem Delphin bzw. Wal geschmückte Wappen der von Nells an (siehe Abb. 1).

Seit 2008 bis zuletzt befand sich das Gemälde mit der fröhlichen Gesellschaft von Jan Steen als Dauerleihgabe im Museum Wiesbaden und war dort in den Räumlichkeiten des Museums für die Öffentlichkeit ausgestellt.

Das Gemälde ist im RKD, Den Haag, als eigenhändiges Werk von Jan Steen unter der Nummer 313806 archiviert.

Dieses mit * (Asterisk) bezeichnete Objekte ist vollumfänglich mehrwertsteuerpflichtig, d. h. bei diesen Objekten wird die MWST auf den Zuschlagspreis plus Aufgeld berechnet. Käufer, die eine rechtsgültig abgestempelte Ausfuhrdeklaration vorlegen, erhalten die MWST rückvergütet.

Artist or Maker

Notes

*

Payment & Shipping

Payment

Accepted forms of payment: MasterCard, Other, Visa

Shipping

Koller will assist in arranging shipping. All costs associated are the responsibility of the buyer.

Auction Details

Old Master Paintings (A210)

by
Koller Auctions
September 20, 2024, 02:00 PM CET

Hardturmstrasse 102, Zurich, 8031, CH

Terms

Live bidding may start higher or lower

Buyer's Premium

CHF1 - 400,000:28.0%
CHF400,001 - 1,000,000:25.0%
CHF1,000,001+:18.0%

Bidding Increments

From:To:Increment:
CHF0CHF799CHF50
CHF800CHF1,999CHF100
CHF2,000CHF3,199CHF200
CHF3,200CHF3,799CHF300
CHF3,800CHF3,999CHF200
CHF4,000CHF9,999CHF500
CHF10,000CHF19,999CHF1,000
CHF20,000CHF31,999CHF2,000
CHF32,000CHF37,999CHF3,000
CHF38,000CHF39,999CHF2,000
CHF40,000CHF89,999CHF5,000
CHF90,000+CHF10,000

Condition

KOLLER AUCTIONS - CONDITIONS (CLASSIC AUCTIONS)

These conditions apply solely to items which are auctioned by Koller (according to the definition below) live in the saleroom.

By participating in the auction, the bidder accepts the following General Auction Conditions ("GAC") of Koller Auctions Ltd, Hardturmstrasse 102, 8005 Zurich, Switzerland ("Koller").

1. Legal status of the parties
The auction items are auctioned by Koller in the name of and on the account of the seller of the auctioned item ("Seller"). Koller acts on behalf of and for the account of the Seller as his agent as defined in article 32, section 1 of the Swiss Code of Obligations ("CO"). The hammer price is determined by the bidder recognised by Koller as having made the highest bid in Swiss Francs in the course of an auction ("Purchaser"), resulting in the conclusion of a purchase contract for the auctioned item between the Seller and the Purchaser ("Purchase Contract"). Koller is thereby not a party to the Purchase Contract.

2. Surcharge
2.1 In addition to the bid price, the Purchaser must pay a surcharge on such bid price calculated as follows:
i. on a successful bid of up to and including CHF 400 000: 25%
ii. on a successful bid over CHF 400 000 up to and including CHF 1 000 000: 25% on the first CHF 400 000 and 22% on the difference between CHF 400 000 and the bid.
iii. on a successful bid over CHF 1 000 000: 25% on the first CHF 400 000, 22% on CHF 600 000 and 15% on the difference between
CHF 1 000 000 and the bid.

2.2 If the winning bid is placed over the internet in the course of a saleroom auction which is broadcast online ("Live Auction"), or leaves a pre-sale bid through an independent bidding platform which is linked with Koller, there will be an additional 3% surcharge added to the hammer price. Bidders are subject to Koller's terms and conditions as listed on the Live Auction website, which may differ in some respects from those listed here.

2.3 The stated percentage of the surcharge corresponds to the successful bid for each individual item. The Purchaser must pay Swiss value added tax ("VAT") on the surcharge.

2.4 The full tax is charged on all items marked * in the auction catalogue, i.e. VAT is charged on the sum of the bid price plus the surcharge for those items. The VAT will be refunded to Purchasers providing a validly stamped export declaration.

2.5 The Purchaser agrees that Koller also has the possibility to receive a commission from the Seller.

3. Guarantee
3.1 Koller shall rescind the purchase (subject to Sections 3.2 and 3.3 below) in the name of and for the account of the Seller if an item proves to be a forgery. A "forgery" shall be deemed to exist if the item, in the reasonable opinion of Koller, is an imitation created with the intention of causing a deception with respect to the authorship, age, period, culture or origin, if the correct description of such content is not reflected in the auction catalogue (taking account of any additions), and if this circumstance significantly impairs the value of the item in comparison to an item corresponding to the catalogue description. An item shall not be deemed to have been forged if it is merely damaged and/or has been subjected to restoration work and/or modifications of any nature whatsoever.

3.2 A rescission in accordance with the above provision shall not take place at the discretion of Koller if:
i.
the description of the item in the auction catalogue was supported by the view of a specialist or by the prevailing view of specialists, or if the description in the auction catalogue suggested that differences of opinion exist in this respect;
ii.
the forgery was not identifiable as such at the time of the successful bid in accordance with the current state of research and with the generally acknowledged and usual methods, or only with disproportionate effort;
iii.
the forgery (based on Koller's conscientious assessment) was produced before 1880; or
iv.
the purchased item is a painting, watercolour, drawing or sculpture which according to the details set out in the auction catalogue was created prior to 1880.

3.3 The Purchaser may request rescission from Koller (as the agent of the Seller) from the day of the successful bid for a period of two (2) years (three (3) weeks for jewellery). The right of rescission shall be granted exclusively to the Purchaser and may not be assigned to any third party. Assertion of the claim shall be conditional upon the Purchaser making a complaint to Koller by registered letter immediately after the discovery of the defect, and eturning the purchased item to Koller in the same condition as it was handed over to him and unencumbered by third parties' claims. The Purchaser must provide proof that the item is a forgery. Koller may demand that the Purchaser obtains at his own expense expert opinions from two independent individuals who are recognised experts in the field. However, Koller shall not be bound by any such expert opinion, and reserves the right to obtain
additional expert advice at its own expense.

3.4 Koller may (as an agent of the Seller) at its complete discretion waive the assertion of grounds for exclusion pursuant to the above Section 3.2 or the fulfilment of preconditions pursuant to the above section 3.3.

3.5 If the purchase contract is cancelled in accordance with the provisions of this section 3, the Seller shall owe the Purchaser a refund of the purchase price (and any VAT paid). Koller shall then refund the Purchaser the surcharge plus VAT paid. Koller shall be under no legal obligation to repay the purchase price to the Purchaser.

4. Disclaimer
4.1 The items are auctioned in the condition existing at the time of the successful bid. The auctioned items are "used" objects and are therefore generally not in pristine condition.

4.2 Each item in the auction catalogue is listed with a description and an illustration. The information in the auction catalogue, as well as the condition reports issued by Koller, are intended to provide an overall impression and a non-binding assessment by Koller. Neither Koller nor the Seller can accept any liability for the details provided in the catalogue. The items may be inspected during the preview. The Purchaser is therefore invited to inspect an item prior to the auction and, possibly with the assistance of an independent specialist advisor, to form his own opinion of the concordance between the item
and the catalogue description. Concerning the descriptions of the items, the German-language print edition of the catalogue (including any later amendments) shall be exclusively applicable. Koller reserves the right to call upon experts or specialists of its choice to give an opinion and to rely on that opinion. Koller cannot be held liable for the correctness of such opinions. Neither any such expert opinions or reports, nor the descriptions of items provided by Koller, nor other statements pertaining to an item (including statements pertaining to the value thereof) constitute explicit or implicit warranties.

4.3 Subject to Article 3 above, no guarantee or warranty whatsoever is given in respect to legal and material defects. Any further or other claims of the Purchase against the Seller or Koller under any legal title (including avoidance on the grounds of error pursuant to Art. 23 et seq. of the Swiss Code of Obligations) are also excluded.

5. Participation in the auction
5.1 Any party may participate in an auction as a bidder. However, Koller reserves the right at its complete discretion to prevent any person entering its premises or attending or participating in its auctions.

5.2 Bidders who are not personally known to Koller must register at least 48 hours before the auction, using the form provided for this purpose. The registration form must be signed, with legal effect, and a copy of the bidder's passport must be enclosed, as well as current, valid credit card information. In the event of payment default by the Purchaser, Koller shall be entitled to charge the Purchaser's credit card in accordance with the details provided on the registration form for the entire amount of the invoice, plus the credit card processing fees.

5.3 Koller may demand in advance from any bidder a certificate of creditworthiness issued by a bank approved by Koller.

5.4 In the case of bids for items with upper estimated values of more than CHF 30 000, Koller may demand that the bidder first remits 20% of the lower estimated value as security. Following the auction, Koller will offset this sum against its claims and the claims of the Seller, and will reimburse any possible surpluses to the Purchaser/bidder without delay.6. Auction
6.1 Koller may initiate the auctioning of an item below the minimum selling price agreed upon with the Seller. A bid placed at an auction is a binding offer. The bidder shall remain bound by his bid until this is either outbid or rejected by Koller. Double bids shall immediately be called once again; in case of uncertainty, the auction management shall decide.

6.2 Koller may refuse a bid without providing justification if a Purchaser fails to fulfil the conditions for participation in an auction pursuant to the above Sections 5.2 to 5.4. Koller may also pass or withdraw auctioned items without a sale even if this is not apparent to the auction participants.

6.3 Koller reserves the right to combine, separate or omit numbered lots in the catalogue or to offer them out of sequence. Koller reserves the right to sell lots "conditionally" at its sole discretion, in which event the hammer price will be considered as conditional and the highest bidder will remain bound by his bid for 14 days following the auction. The highest bidder will be released from all obligations if he does not receive a statement from Koller within this period declaring the hammer price as final.

6.4 Written bids from potential Purchasers who cannot attend the auction in person are accepted up to 48 hours before the auction begins.

6.5 Potential Purchasers may bid by telephone if they have given written notice at least 48 hours before the auction starts. Koller does not accept telephone bids for lots estimated under CHF 500, and bidders are requested to leave a written bid or participate in the salesroom for such items.

6.6 Potential Purchasers who intend to place their bids in the course of a Live Auction may participate in the auction once their registration applications have been approved by Koller. Koller reserves the right to decline registration applications at its discretion.

6.7 Koller shall not be liable for any bids including advance notifications of telephone bidding which are not taken into consideration. Telephone bidders and persons giving written instructions are also subject to the provisions of Article 5 relating to proof of identity and financial soundness.

7. Transfer of title
Ownership of an auctioned item shall be transferred to the Purchaser as soon as the purchase price and the surcharge (incl. VAT) have been comprehensively paid in Swiss francs and Koller has attributed these payments to the corresponding item.

8. Collection of the auctioned items
8.1 The auctioned items must be collected at the Purchaser's own expense within 7 days from the end of the auction during official opening hours. The place of performance for the purchase contract between the Purchaser and the Seller is therefore the registered office of Koller. If time permits, the items may be handed over after each auction session. The handover shall take place following comprehensive payment of the purchase price as well as the surcharge (incl. VAT) and the attribution of this sum to the auctioned item by Koller.

8.2 During the aforementioned period, Koller shall be liable for loss, theft, damage or destruction of items which have been auctioned
and paid for, although solely due to intentional or grossly negligent acts on the part of Koller, and only up to the total of the auction price, surcharge and VAT. Koller ceases to have liability after the aforementioned period, and the Purchaser shall be responsible for ensuring adequate insurance cover for the auctioned item. No liability can be assumed for frames and glass. If the auctioned items are not collected within 7 days, Koller will store the works at a company of their choice at the purchaser's own risk and expense or on their own premises at a daily rate of CHF 10 per object.

8.3 Shipping orders may be given to Koller in writing. All shipping costs shall be borne by the Purchaser. Unless otherwise agreed in writing, transport insurance shall be contracted for the sold items at the expense of the Purchaser. Glass-covered pictures and fragile items shall not be sent by Koller.

9. Payment for the auctioned items
9.1 The invoice for a successful bid for an auctioned item is payable in Swiss francs within 7 days from the end of the auction. Payments by credit card are only possible with the approval of Koller's accounting department, and are subject to processing fees amounting to between 2 and 4% of the invoiced amount, payable by the purchaser and added to the invoice total.

9.2 Irrespective of the Purchaser's instructions, Koller may use any payments by the Purchaser as settlement for any debt owed by the Purchaser to Koller or the Seller and set off any debt which it owes to the Purchaser against its own claims. If the Purchaser defaults on a payment, default interest of 10% p.a. shall be charged on top of the invoiced sum. If Koller does not receive payment for purchases within seven (7) days following the auction, Koller reserves the right to charge the Purchaser's credit card for the full amount of the
invoice, without further notification to the Purchaser. In such cases the credit card processing fees of 2 - 4% as described above are also applicable, and will be charged to the Purchaser's credit card.

9.3 If the Purchaser does not pay or does not pay promptly, Koller may moreover in its own name and in the Seller's name either (i) insist on the fulfilment of the purchase agreement or (ii) without further notice withdraw from the purchase agreement and waive the subsequent performance of the Purchaser or assert a claim for compensation for non-performance; in the latter case Koller shall also be entitled, irrespective of any minimum sales price, to sell the item either directly or in an auction, and may use the proceeds to reduce the debts of the Purchaser. Any amount realised above the original hammer price shall be paid out to the Seller. The Purchaser is liable to Koller and the Seller for all prejudice caused by non-payment or late payment.

9.4 Koller retains a right of retention and a lien on all the Purchaser's items in its custody until full payment of all monies owed. Koller may exercise such liens in accordance with the legislation on the enforcement of debts or by private sale (including in its own name). The plea of prior lien exploitation pursuant to Art. 41 of the Swiss Debt Collection and Bankruptcy Act is excluded.

10. Representation
Each Purchaser shall be personally liable for each bid they place, and for the purchase contract between the Purchaser and the Seller. Proof of the power of representation may be requested from persons bidding as agents for a third party or as an organ of a corporate body. The agent shall be jointly and severally liable with his principal for the fulfilment of all obligations.

11. Miscellaneous provisions
11.1 The auction shall be attended by an official from the city of Zurich. The attending official, the local authority and the state have no liability for the acts of Koller.

11.2 Koller reserves the right to transfer any or all rights and obligations from these GAC to a third party or to have these carried out by a third party. The bidder and/or Purchaser does not have the right to transfer any rights from these GAC to a third party.

11.3 Koller reserves the right to publish illustrations and photographs of sold items in its own publications and the media and to publicise its services therewith.

11.4 Koller shall comply with the applicable data protection provisions and shall take appropriate technical and organisational precautions to protect the personal data entrusted to it. If Koller discloses personal data to third parties, it shall ensure that it is only processed to the extent that it is authorised to do so itself. Further information on the processing of personal data can be found in Koller's privacy policy (available on its website).

11.5 These GAC form part of each individual purchase agreement concluded at the auction. Amendments are binding only with Koller's written agreement.

11.6 Should certain provisions of these GAC be or become partially or fully invalid and/or unenforceable, this does not affect the validity of the remaining provisions. The invalid and/or unenforceable provisions shall be replaced by those which most closely approximate the economic meaning and intended economic purpose of said provisions. The same shall be applicable to any possible gaps or loopholes in the provisions.

11.7 These GAC and all amendments thereof are governed by Swiss law, under exclusion of possible references to Switzerland's Federal
Code on Private International Law (CPIL), and under exclusion of the Vienna C.I.S.G. Convention (UN Convention).

11.8 The courts of the Canton of Zurich, Switzerland shall be exclusively responsible for settling disputes (including the assertion of offsetting and counterclaims) which arise out of or in conjunction with these GAC (including their validity, legal effect, interpretation or fulfilment). Koller may, however, initiate legal proceedings before any other competent court.

11.9 In the event of any discrepancy between the different language versions of these GAC, the German language version shall prevail.

Zurich, 2 February 2024

TERMS OF SALE

Your Bid is a binding and legally enforcable contract.

Payment

Payment is due in Swiss Francs upon the close of the auction.

Shipping Terms

Koller will assist in arranging shipping. All costs associated are the responsibility of the buyer.

Buyer's Premium

2. Surcharge

2.1 In addition to the bid price, the Purchaser must pay a surcharge on such bid price calculated as follows:

i. on a successful bid of up to and including CHF 400 000: 25%

ii. on a successful bid over CHF 400 000 up to and including CHF 1 000 000: 25% on the first CHF 400 000 and 22% on the difference between CHF 400 000 and the bid.

iii. on a successful bid over CHF 1 000 000: 25% on the first CHF 400 000, 22% on CHF 600 000 and 15% on the difference between CHF 1 000 000 and the bid.

2.2 If the winning bid is placed over the internet in the course of a saleroom auction which is broadcast online ("Live Auction"), or leaves a pre-sale bid through an independent bidding platform which is linked with Koller, there will be an additional 3% surcharge added to the hammer price.

2.3 The Purchaser must pay Swiss value added tax ("VAT") on the surcharge. The stated percentage of the surcharge relates to the successful bid for each individual item.

2.4 The full tax is charged on all items marked * in the auction catalogue, i.e. VAT is charged on the sum of the bid price plus the surcharge for those items. The VAT will be refunded to Purchasers providing a validly stamped export declaration.

2.5 The Purchaser agrees that Koller also receives a commission from the Seller.

VAT

The full tax is charged on all items marked * in the auction catalogue, i.e. VAT is charged on the sum of the bid price plus the surcharge for those items. The VAT will be refunded to Purchasers providing a validly stamped export declaration.

Condition Reports

3.1 The items are auctioned in the condition existing at the time of the successful bid.

3.2 The items are described to the best of our knowledge and belief. However, Koller cannot accept any liability for the details provided in the catalogue. The items can be inspected during the preview. The Purchaser is therefore invited to inspect an item prior to the auction and, possibly with the support of an independent specialist advisor, to form its own opinion of the correspondence between the lot and the catalogue description. For the specifications of the items the print edition of the catalogue in the German language (including any later amendments) shall be exclusively applicable. Koller reserves the right to call in experts or specialists of its choice to give an opinion and to rely upon that opinion. Koller cannot be held liable for the correctness of such opinions. Neither any such expert opinions or reports, nor the descriptions of items provided by Koller or other statements pertaining to an item (including statements pertaining to the value thereof) constitute explicit or implicit warranties.

3.3 Subject to Clause 4 below, no guarantee or warranty whatsoever is given in respect of legal and material defects. The liabilities of the Seller vis-à-vis the Purchaser are limited to the same extent as the liabilities of Koller vis-à-vis the Purchaser.