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Lot 3235: MARIANNE VON WEREFKIN

Est: CHF 100,000 - CHF 150,000Sold:
Koller AuctionsZurich, SwitzerlandJune 21, 2024

Item Overview

Description

MARIANNE VON WEREFKIN
(Tula 1860–1938 Ascona)
Romantic landscape with riders. Circa 1915.
Oil and tempera on panel.
Monogrammed lower right: MW.
56.5 × 74.4 cm.

Provenance:
- With Galerie & Edition Schlégl, Zürich.
- Bühler collection, Landhaus Waldbühl, Uzwil, acquired on 20.12.1972 from the above gallery.

"It is a joy to me that children and simple people love and understand my pictures more than those with the wrong training. My pictures are intended for the simple. But they also have the ability to win over schooled people to pure human feeling...You have to fight with my pictures. They are not a wall decoration, they are a strict language that awakens the conscience...I only speak when something needs to be said...People who have never been in conflict with the original truth of being. How can they grasp the tragedy of being something they are used to calling a "work of art". My pictures are serious, and if you have little nervous system, you can’t easily chew sandwiches in front of them."
(Werefkin, November 18, 1928, in: Fäthke, Munich 2001, p. 188).

When the First World War broke out in 1914, Werefkin and Jawlensky fled to Switzerland, where they initially settled in St. Prex. The present work was probably created in this small community on Lake Geneva. Werefkin, as an important member of the Blue Rider group, is at the same time oriented towards Symbolist painting and is inspired by the colorful works of Gauguin, the Nabis, van Gogh, Edvard Munch and Ferdinand Hodler.

The work coming to auction is an excellent example of Werefkin's unique understanding of art and combines various biographical and artistic elements. As a refugee in St. Prex, which served as only a temporary haven, he lived together with Jawlensky, two maids and Jawlensky's child (whose mother was one of the maids), in an unusually small apartment. With a pension halved due to the war and Jawlensky complaining about the overall situation, the period must have been difficult for Werefkin. She conveys the pervasive mood and calamity of war in her paintings of this time in a fantastically striking way.

In "Romantic Landscape with Riders" Werefkin succeeds in constructing a kind of oxymoron – an apocalyptic fairytale world in which both the dark and the joyful find space. The atmospheric hilly landscape is lined with trees and at the center sits a fairytale castle in the far distance. It impresses, among other things, with its high-contrast colors that are applied in a vibrant manner to the wooden background. The decision to use non-naturalistic colors reflects the shared desire of Werefkin and other symbolists to free color from its purely descriptive function in painting. Instead, the goal is to merge the external world with the artist's subjective perception. In this way, Werefkin deepens the personal, human connection that permeates her work.

Particularly notable and characteristic of the artist is the choice of a twisted perspective strongly reminiscent of Edvard Munch's paintings. The curved color areas that all flow into the middle reinforce the feeling of being swallowed up by the landscape.

One special detail that offers possibilities for interpretation is the depiction of two riders in the picture. The rider, as the principal symbol of the "Blue Rider" artist group, stands for freedom per se. It represents constant movement and the search for new artistic forms of expression. Two pairs of riders can be seen in the work. The small pair of riders at the top left, standing on the highest hill, are at the beginning of their journey. The second couple, possibly the very same but shown in the future, gallop on their horses down the street towards the castle, not knowing how long the journey will take. Whether it is Werefkin and Jawlensky themselves, who are always restlessly looking for new artistic stimulation despite difficult circumstances, or perhaps the four horsemen of the apocalypse who announce the end of the world, is up to the viewer.
-------------------------------------------------
MARIANNE VON WEREFKIN
(Tula 1860–1938 Ascona)
Romantische Landschaft mit Reitern. Um 1915.
Öl und Tempera auf Holz.
Unten rechts monogrammiert: MW.
56,5 × 74,4 cm.

Provenienz:
- Galerie & Edition Schlégl, Zürich.
- Sammlung Bühler, Landhaus Waldbühl, Uzwil, am 20.12.1972 in obiger Galerie erworben.

"Dass Kinder und einfache Menschen meine Bilder mehr lieben und begreifen als falsch geschulte, ist mir eine Freude, für die Einfachen sind ja meine Bilder bestimmt. Aber sie haben auch die Fähigkeit verschulte Menschen dem reinen menschlichen Empfinden zu gewinnen…Mit meinen Bildern muss man kämpfen. Sie sind nicht ein Wandschmuck, sie sind eine strenge Sprache, die das Gewissen weckt…Ich rede nur, wenn was zu sagen ist…Menschen, die nie mit der Urwahrheit des Seins in Conflikt gestanden sind. Wie können sie die Tragik des Seins erfassen in einer Sache, die sie gewohnt sind, als "Kunstwerk" zu bezeichnen. Meine Bilder sind ernst, und wenn man nur wenig Nervensystem hat, kann man nicht gut vor ihnen Sandwiches kauen."
(Werefkin, 18.11.1928, in: Fäthke, München 2001, S. 188).

Als 1914 der Erste Weltkrieg ausbricht, flüchten Werefkin und Jawlensky in die Schweiz, wo sie sich vorerst in St. Prex niederlassen. In dieser kleinen Gemeinde am Genfersee entsteht auch das vorliegende Werk. Werefkin, als Bestandteil der Gruppe des Blauen Reiters, orientiert sich gleichzeitig an der Malerei des Symbolismus und wird inspiriert durch die farbgewaltigen Werke von Gauguin, den Nabis, van Gogh, Edvard Munch und Ferdinand Hodler.

Das zur Auktion kommende Werk ist ein fantastisches Beispiel für Werefkins einzigartiges Kunstverständnis und vereint verschiedene biografische wie künstlerische Aspekte. Als Geflüchtete in St. Prex, ein Ort, der offensichtlich nur als Zwischenstation diente, und indem sie zusammen mit Jawlensky, zwei Dienstmädchen und dem Kind Jawlenskys (die Mutter ist eines der Dienstmädchen) in einer ungewohnt kleinen Wohnung, mit einer aufgrund des Krieges halbierten Pension und einem über die Gesamtsituation jammernden Jawlensky lebte, muss für Werefkin schwierig gewesen sein. Diese Grundstimmung und das Unheil des Krieges transportiert sie auf eine fesselnde Weise in ihre Gemälde dieser Zeit.

Werefkin gelingt es in "Romantische Landschaft mit Reitern" eine Art Oxymoron zu konstruieren – eine apokalyptische Märchenwelt, in der sowohl das Düstere als auch das Freudige Platz findet. Die stimmungsvolle Hügellandschaft, die von Bäumen gesäumt wird und in dessen Mitte in weiter Ferne das Märchenschloss sitzt, überzeugt unter anderem durch kontrastreiche Farben, die in vibrierender Manier auf den Holzuntergrund aufgetragen sind. Die Entscheidung, nicht-naturalistische Farben zu verwenden, zeigt das gemeinsame Bestreben von Werefkin und anderen Symbolisten, die Farbe von ihrer rein beschreibenden Funktion in der Malerei zu befreien. Stattdessen wird danach gestrebt, die äussere Welt mit der subjektiven Wahrnehmung des Künstlers zu verschmelzen. Auf diese Weise vertieft Werefkin die persönliche, menschliche Bindung, die ihr Werk durchzieht.

Besonders speziell und für die Künstlerin exemplarisch ist die Wahl der verdrehten Perspektive, die in ihrer Anwendung stark an die Gemälde Edvard Munchs erinnert. Durch die geschwungenen Farbflächen, die alle in die Mitte münden, verstärkt sich das Gefühl, von der Landschaft verschlungen zu werden.

Ein wunderbares Detail, welches ebenfalls grosse Interpretationsfläche bietet, ist die Darstellung der Reiter in dem Bild. Der Reiter als etabliertes Hauptsymbol der Künstlergruppe "Der Blaue Reiter" steht für Freiheit per se. Er repräsentiert die ständige Bewegung und die Suche nach neuen künstlerischen Ausdrucksformen. Auf dem Werk sind zwei Reiterpaare zu sehen; das Reiterpaar oben links, ganz klein auf dem höchsten Hügel stehend, steht am Anfang seiner Reise. Das zweite Paar, womöglich dasselbe, aber in der Zukunft, galoppiert auf seinen Pferden die Strasse entlang in Richtung des Schlosses, ohne zu wissen, wie lange der Weg noch dauert. Ob es sich dabei vielleicht um Werefkin und Jawlensky selber handelt, die trotz schwieriger Umstände stets rastlos auf der Suche nach neuer künstlerischer Stimulation sind, oder vielleicht doch um die vier apokalyptischen Reiter, die den Untergang der Welt ankündigen, sei den Betrachtenden selbst überlassen.

Artist or Maker

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

Impressionist & Modern Art (A209)

by
Koller Auctions
June 21, 2024, 05:00 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.