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Conditions of Sale
CONDITIONS OF SALE
Conditions of Sale in our Live Auction Sales, Internet Auction Sales and Internet Exhibitions of Sales
Paul Deutsch Auction is a registered and licensed auctioneer enterprise (ATU 10568009) of the State of Vienna (Austria/Europe). All items and properties we offer are on the basis of a commissioner which means that we act as agents for third parties (buyer and seller) to buy and sell fine art and antiques only. The business itself is a relationship between seller and buyer which Paul Deutsch Auction initiated and for which Paul Deutsch Auction charges a fee. It is a mutual agreement between buyer and seller. Paul Deutsch Auctions will be monogrammed PDA in the forthcoming paragraphs.
All goods PDA offers on our internet site are consigned for sale at the PDA website exclusively. There is no permission to reproduce or copy any objects or text from our site. Beware any illegal action in this case or in case of misuse. Photo rights for promotion and commercial use stay with PDA for sold and unsold items.
Descriptions and condition reports as well as any further written material of items consigned in our sales are made by PDA, verified and experienced art experts only and all descriptions are made with the highest achievable actual knowledge and are not guaranteed for the buyer. PDA takes responsibility for this descriptions and guarantees that they are made with 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 scientific research tools or proof. Therefore we strongly suggest to visit the preview of the items with an expert of your trust to get a personal opinion. Misnomers or faults in our descriptions may happen - the condition of objects have to be proofed personally. PDA is not responsible for described expertises by other experts than the PDA home experts. In the case of a different opinion, if a reclamation is legitimated, PDA will order a third independent expert who is also accepted by the buyer for a final expertise. Frames, passepartouts, concealed damages and other covers of objects and their conditions will not be described and guaranteed in descriptions. The catalogue and the conditions of sale are written in English language on our internet site. Any other written or spoken translations are not guaranteed.
The estimates shown on our website are made by our experts. This estimates mean which price the item can possibly reach (expectation) and it must be understood as a helpful guide for bidding made by the experiences of the actual market situation. Usually the estimates 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 the selected 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 us the confirmed Bid Registration Form or by placing your online bid.
There may be a reserve or limit price in our sales. Biddings start regularly between 50-75% of the lower estimate. But we do not accept bids/offers under 50% of the lowest estimate. Bidding has to be placed in steps of not less than 10% from the preceding bid (for example: 100... 110... 120... 130... 140... 160... 180.. 200.. 220... etc.). However it is possible to place higher bids 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 descriptions of the objects 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 2 days before the sale in our showrooms. All objects should be proofed personally by the buyer prior to the sale; the completeness and correctness of the descriptions and photos cannot be guaranteed. The bidder/buyer commits himself in any circumstances to fulfil the payment of the item he won in the sale by knock of hammer. Reclamations after knock of hammer will not be accepted.
The catalogue with descriptions and photos are online only and have no guarantee of totality, accuracy and truth. The participation at the sale personal, by telephone or even in form of a written bid is only possible with registration prior to the sale on our website by filling out a bid form with your data and an existing credit card number (where a certain amount will be reserved until the object is paid in full or the reservation is cancelled if the bid wasn't successful) with the name of the bidder - after sending it by email or by fax. After accepted registration, you can participate at the Live sale personally or by phone or in form of a written bid, which will be respected by the auctioneer at the sale. Written bids which where made online will not be displayed on our website prior to the sale. Telephone lines will be provided at the day of sale without guarantee of connection and functioning and is a matter of availability. If the buyer participates in the sale through a related online auction platform and releases his offers (bids) with this platform, he accepts the Conditions of Sale of PDA beyond the conditions of the related platform, and is responsible for the technical requirements needed. The buyer is also responsible for any bids coming from his account in the platform.
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 registration at least one hour before the sale. All offers from participating parties will be respected. The auctioneer are in title to spare or combine lots as well to cancel the knock of hammer in case of any differences and to sell the object again. The person who offers the highest bid as the object is called will be the winning bidder. The bidding procedure will be ending by the knock dawn of hammer or a ring of the auctioneers bell after no more bids are offered. The winning bidder is now titled to pay and collect the object in between two weeks. After the sale, the Invoice will be prepared and should be cleared as soon as possible. Any lot and also the title and description of the lot will not pass until payment is received in full. For objects which are not collected in between two weeks after the sale (either if they 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. For technical reasons Invoices can not be prepared during 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 cleared proofed and transferred on our accounts before collection and release of goods are possible, as well for additional costs of cheques or credit card payments see dawn under. The Buyers Premium at Live Sales are 24% on the hammer price. Payments by credit card have to face additional charges MC 3,35% / Visa 3,55%. Bank transfers have to be made without charges for PDA. All sales and sales without reserve prices have additional manipulation fees of 8.-€ plus taxes for each lot which sell under 80.- Euro, and are subject to service fees for photo request, condition reports and any additional services.
If you bid for one or more items in our sale, every buyer is personally liable for his bid. Payments have to be made immediately after receiving the invoice at least in between two weeks after the sale (knock down of hammer). PDA have even the right in the event of not paying in between two weeks to cancel the sale and to complaint by justice or any other kind of legal action at the home address of the hesitate buyer. This possible complaint includes any further expenses in that case for PDA and any loss of earnings. PDA have the right to offer the objects in a sale again and the default customer has to compensate any loss of business. If all payment deadlines have been exceed or ignored, the bidder, buyer or defaulting payer accepts to pay a compensation amount for the loss of business of 100% of the total issued invoice and accepts as well the complete loss of entitlement of the won objects.
Any lot and also the title and description of the lot will not pass until payment is received in full. Objects which are not collected in between two weeks after the sale either if they 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 the responsibility of the buyer only.
PDA is not responsible for any licenses or documents in case of export or import or for 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 the goods, even if the transport was organised by PDA. If transport charges are described as guaranteed in the description the buyer has the guarantee that the transport costs will not be more as stated. PDA advice you to order transport insurance. All transports and packing which PDA is arranging itself or with other companies are not guaranteed and the buyer accepts complete exclusion of liability. If an item is not be collected by the buyer, storage charges and possible handling fees will occur. If the buyer fails to collect the item(s) after reminders and if the value of the storage charges exceed the hammer price, PDA is entitled to sell the item. Nevertheless the buyer is responsible for any loss of earnings even after reselling.
For any consignments PDA is entitled to sell for the confirmed price on the property receipt in the name of the seller and charge a selling commission. If an item is released to PDA for sale and will be rejected by the consigner before or during the sale, PDA has the right to charge possible costs to the consigner. The consigner excludes PDA from any rights of third parties, hidden damages or disadvantages. The result of the sale will be paid to the bearer of the property receipt one month after the sale if the item was paid in full. The consigner releases PDA from any responsibility of non-payment, reclamations, default of payments or any other juridical payment consequences. If a reclamation is treated after the already received funds, the consigner accepts a repayment.
Kindly note that participation at the sale even personal is only possible with mandatory prior registration at least one hour before the sale and can be done ONLINE or by fax. Bidders without online registration will not be accepted.
Explanation of Cataloguing Terms:
Only if the name of an artist is written in full with his life dates and place of birth and death the object is in our mind by that artist. Whether the object is signed or not.
"Attributed to … " means that in our mind it is a work by the hand of the described artist, although there is a degree of uncertainty as to the authorship.
"Studio or workshop …" means that the object was created with influence from the artist or from his absolutely near environment, maybe with parts from the artist himself.
"Circle of …" means in our mind a work by a closely influenced artist from the same period and same style.
"School of …" means that in our mind the object was executed at the written time and location or from an artist in his influence but from a following generation.
"Manner of …" means that the object is in style near to the named artist but is possibly from a later date.
"Follower of …" is a work in the style of the described artist but from a later date.
"After …" is in our mind a later copy of the work of that artist.
"Bears signature …" means that the signature is by another hand (faked).
All Descriptions, Conditions and Dates specify only the item itself but not possible attached ore included items like frames, covers, passepartouts, boxes, mantles, textiles, etc.
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.