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Rebecca Horn (b. 1944)

Lot 184: Serafina's Lover

Van Ham Kunstauktionen

November 27, 2019
Köln (Cologne), Germany

More About this Item


Description

Horn, Rebecca
1944 MichelstadtMultiple. 1994. Butterfly, steel, mechanical parts and electric motor. 25.5 x 12 x 11.5cm. Titled on the front of the base: Serafina's Lover. As well as verso numbered, signed and dated: 14/20 Rebecca Horn 1994. Number 14/20. Additionally on wooden base with motion detectors and glass cover (144 x 33.5 x 33.5cm).

The object is fully functional. In original wooden case. Here again numbered and monogrammed.

Provenance:
- Private collection Northern Germany.

Explanations to the Catalogue
Rebecca Horn
Germany
Body Art
Post-War Art
Sculptures
1990s
Animals
Multiple
Mixed media



Estimated Shippingcost for this lot:
Germany: 25,21 Euro plus 4,79 Euro VAT
EU: 42,02 Euro plus 7,98 Euro VAT
Worldwide: 75,63 Euro plus 14,37 Euro VAT
additional shipping insurance

"
RefPos201119

Dimensions

25,5 x 12 cm

Artist or Maker

Horn, Rebecca 1944 Michelstadt

Notes


Estimated Estimated shipping costs for this lot:
Germany: 0,00 Euro plus 0,00 Euro VAT
EU: 0,00 Euro plus 0,00 Euro VAT
Worldwide: 109,24 Euro plus 20,76 Euro VAT
additional shipping insurance


Request more information

Accepted forms of payment: Wire Transfer

Shipping

V6. Collection, Assumption of Risk and Export

V6.1 Acceptance of a bid establishes an obligation to collect
the item. Absent buyers shall collect their items without undue
delay after VAN HAM has notified them that their bid has been
successful. VAN HAM shall organise the insurance and shipment
of the auctioned items to the buyer only upon the buyer's written
instruction and at the buyer's cost and risk. Since the purchase
price is due immediately and the buyer is obliged to collect
the items without undue delay, the buyer shall be in default of
acceptance no later than 14 days after acceptance of the bid or
post-bid, and consequently the risk shall be transferred to the
buyer at this time at the latest, irrespective of the fact that the
item has not yet been handed over.

V6.2 If the buyer has not collected the items from VAN HAM
three weeks after acceptance of the bid and/or relevant
notification at the latest, VAN HAM shall request that the buyer collect
the items within one week. At the end of said period VAN HAM
shall be entitled to have the items at the cost and risk of the buyer
• delivered to the buyer, or
• stored in a contract warehouse, or
• store the uncollected items itself.
VAN HAM shall inform the buyer prior to storage. If VAN HAM
stores the items in its own warehouse, up to 1% p.a. of the
hammer price shall be charged for insurance and storage costs.
Irrespective of this, VAN HAM may alternatively demand performance of the contract or assert statutory rights for breach of
duties. For the purpose of calculating any damage, reference is
made to Clauses V5 and V8 of these Terms.

V6.3 VAN HAM shall under no circumstances be liable for
loss of or damage to items that have not been collected or
handed over due to non-payment, unless VAN HAM acted with
intent or gross negligence.

V6.4 VAN HAM points out that specific objects (such as, in
particular ivory, rhinoceros horn and tortoise shell) are subject to
import and export restrictions (especially outside the European
Union) which may prevent the shipment of such objects to third
countries. It is the buyer's own responsibility to find out whether
an acquired object is subject to such a restriction, and whether it
is possible to obtain any necessary authorisation in respect of the
object in question. Should the buyer instruct VAN HAM with the
shipment of the object, unless explicitly provided for otherwise,
the customer shall procure the necessary authorisations (e.g.
pursuant to the CITES rules), if any, as well as any other permits
and documents and make these available to VAN HAM for the
purpose of shipment of the object. Any costs, duties or charges
etc. related to the import or export of the object shall be borne
by the buyer. If known, such objects are identified by "‡" in the
printed catalogue. Such reference, however, does not release
the buyer from his responsibility to gather information on export
terms and other regulations for import by himself. The absence
of such a reference to any export terms does not have any
meaning and does under no circumstances indicate that there
are no such import or export restrictions.

Modern, Post War & Contemporary

by
Van Ham Kunstauktionen
November 27, 2019, 10:00 AM CET

Köln (Cologne), Germany

Buyer's Premium

€0 - 250,000: 32.0%
€250,001+: 28.0%

From: To: Increment:
€0 €299 €20
€300 €329 €30
€330 €349 €20
€350 €379 €30
€380 €399 €20
€400 €429 €30
€430 €449 €20
€450 €479 €30
€480 €499 €20
€500 €999 €50
€1,000 €1,999 €100
€2,000 €2,999 €200
€3,000 €3,299 €300
€3,300 €3,499 €200
€3,500 €3,799 €300
€3,800 €3,999 €200
€4,000 €4,299 €300
€4,300 €4,499 €200
€4,500 €4,799 €300
€4,800 €4,999 €200
€5,000 €9,999 €500
€10,000 €19,999 €1,000
€20,000 €29,999 €2,000
€30,000 €32,999 €3,000
€33,000 €34,999 €2,000
€35,000 €37,999 €3,000
€38,000 €39,999 €2,000
€40,000 €42,999 €3,000
€43,000 €44,999 €2,000
€45,000 €47,999 €3,000
€48,000 €49,999 €2,000
€50,000 €199,999 €5,000
€200,000 €299,999 €10,000
€300,000+ €20,000

Extended Bidding

5 minutes/bid

Conditions of Sale

Auction Terms

V1. Auction
V1.1 VAN HAM Kunstauktionen GmbH & Co. KG (hereinafter
referred to as VAN HAM) sells in a public auction pursuant to §§
474 (1) Sent. 2, 383 (3) Sent. 1 of the German Civil Code (BGB),
acting as a commissioner on its own behalf and for the account
of the Consignors who remain unnamed.
V1.2 Prior to auction the items consigned to be auctioned
may be inspected and examined. Here the potential buyers will
be liable for any damages to the exhibited objects caused by
them.

V2. Condition, Representations and Warranties

V2.1 The items that are up for auction and available for
examination and viewing during the advance viewing are,
without exception, used items. These items are in a state of
preservation that is consistent with their age and provenance.
Objections to the state of preservation shall only be indicated
in the catalogue if VAN HAM believes that they significantly
affect the overall visual impression of the item. The absence of
information on the state of preservation has thus no effect of
declaration and does, in particular, not establish any warranty
or quality agreement as defined by the sale of goods laws.
Potential buyers may request a condition report for every item
prior to the auction. Such a report, be it verbal or in writing,
shall not contain any diverging individual agreement, and shall
express VAN HAM's subjective assessment only. The information
contained in the condition report shall be provided to the
best of VAN HAM's knowledge and belief. It shall not constitute
any warranty or quality agreement and shall serve the
purpose of providing non-binding information only. The same
applies to general information of any kind, be it verbal or in
writing. The actual state of preservation of the item at the time
the relevant bid is accepted shall, in all events, be its agreed
condition as defined by statutory regulations (§§ 434 et seq.
German Civil Code (BGB)). The item is sold in its actual
condition at the time of the auction.

V2.2 Any information contained in the catalogue is based
on available data published at the time of publication of the
catalogue or other generally available scientific insights. If an
additional internet catalogue is prepared, the information in the
printed version shall nevertheless prevail; the internet catalogue
shall only prevail in the event that no printed catalogue exists
or the items are auctioned by a so-called silent auction. VAN
HAM reserves the right to correct catalogue information on the
items that are to be auctioned. Said corrections shall be made
by written notice at the auction site and/or announced by the
auctioneer immediately before the specific item is to be auctioned.
The corrected information shall replace the description in
the catalogue.

V2.3 Irrespective of the provisions of Clause V2.1, only the
catalogue information regarding the authorship of the item
shall form part of the condition agreed with the buyer. VAN
HAM does not provide any special warranties that may establish
any additional rights (§§ 443, 477 German Civil Code (BGB)).
No characteristics other than authorship of the item shall be
contractually agreed, even if the item is presented for advertising
purposes. The catalogue thus contains only information and
descriptions without agreeing on the condition of the item. The
same applies to reproductions contained in the catalogue. The
purpose of said reproductions is to give potential buyers an idea
of the item; they form neither part of the quality agreement nor
do they warrant the condition of the item. During the auction
procedure only the respective items are sold but not the frames,
mounts and picture glass. VAN HAM assumes no liability for
parts that are not part of the auctioned item.

V2.4 VAN HAM expressly excludes any liability for potential
defects, provided that VAN HAM has complied with its duties of
care. The liability for injury to life, body or health remains unaffected.

V2.5 However, if the buyer is able to prove, within one year
from handing over of the item, that catalogue information
regarding authorship of the item was incorrect and did not
correspond to the generally accepted expert opinion at the date of
publication, VAN HAM undertakes to assert its rights vis-à-vis the
Consignor, irrespective of Clause V2.4. Where successful
recourse is taken against the Consignor, VAN HAM shall reimburse
the buyer for up to a maximum of the full purchase price which
the consignor has achieved. VAN HAM additionally undertakes
to return its commission in full within a period of one year, if the
item proves not to be authentic. This is subject to there being
no third party claims to the item, and the item being returned
to the VAN HAM head office in Cologne in an unaltered state.
Inaccuracy shall be considered to have been proven if an
internationally recognised expert on the author listed in the catalogue
refuses to have the item included in the catalogue of works
(Catalogue Raisonné) prepared by the expert, among others.

V2.6 Claims for damages against VAN HAM based on legal
and material defects and on other legal grounds (including
compensation for futile expenses, lost proceeds or costs of
expert opinions) shall be excluded, unless they are based on VAN
HAM acting intentionally or grossly negligently, or on VAN HAM
breaching material contractual duties.

V2.7 VAN HAM shall not be liable for damages (including
compensation of futile expenses, lost proceeds or costs of expert
opinions) in case of simple negligence of itself or its bodies, legal
representatives, employees or other vicarious agents, unless in
case of breach of material contractual duties. Material contractual
duties shall be (i) the duty of handing over the item in its
condition at the time of the auction upon receipt of the full sales
price, (ii) providing information regarding the authorship of the
item, as well as (iii) the duties of advice, protection and care
which serve the purpose of protecting life and body of the buyer
or its personnel.
In case of a simply negligent breach of material contractual
duties, the liability of VAN HAM shall be limited to the
compensation of any damage typical and predictable for such a contract,
per event causing the damage up to a maximum of twice the
amount which the buyer had to pay for the item to which the
breached contractual duty relates. In particular any liability for
indirect damage shall be excluded.

V2.8 The aforementioned exclusions and limitations of
liability shall apply to the same extent for the benefit of the bodies,
legal representatives, employees and other vicarious agents of
VAN HAM.

V2.9 The limitations of Clauses V2.6 and V2.7 shall not
apply to VAN HAM's liability for intentional acts, for guaranteed
qualities, for injury to life, body or health or under the product
liability law.

V2.10 Any claims against VAN HAM shall come under the
statute of limitations, expiring one year after the item awarded
by bid has been handed over, provided that they are not based
on an intentional violation of rights, or longer periods of limitation
are stipulated by statutory law.

V3. Conduct of Auctions, Bids

V3.1 The estimates stated in the catalogue do not constitute
minimum or maximum prices, but shall serve merely as an
indication of the market value of the respective items, without any
warranty being given as to their accuracy. Information as to the
value in currencies other than euros is provided for information
purposes only and shall not be binding. Low-value items may be
auctioned as group lots outside the catalogue.

V3.2 VAN HAM reserves the right to combine, separate, offer
out of sequence or withdraw numbered lots during an auction.

V3.3 Bidders previously unknown to VAN HAM need to submit
to VAN HAM a written registration accompanied by a valid
identification card that states an official address no later than 24
hours before the start of the auction. If the buyer is a company,
an entity, a foundation, or any other type of legal association we
will additionally require a current and valid proof of organisation
(for example an extract from the commercial register). VAN HAM
reserves the right to request a current bank reference or other
references or a cash deposit before admitting bidders to the
auction.

V3.4 VAN HAM provides each bidder with a bidder number
following presentation of a valid identification document with
the official address and admission to the auction. Only bids
made using this number shall be considered during the auction.

V3.5 All bids shall be considered as made by the bidder on its
own behalf and for its own account. If a bidder intends to bid
on behalf of a third party, a respective notification shall be given
not later than 24 hours prior to the start of the auction, stating
the name and address of the represented party and submitting
a written power of attorney, as well as a proof of identity of the
third party. Otherwise the contract of sale shall be made with the
bidder when the bid is accepted.

V3.6 If the Consignor, or a third party instructed by the Consignor,
submits a bid on an item consigned by the Consignor, and
this bid is accepted, the Consignor's status shall be equivalent to
that of any other bidder. The General Auction Terms therefore
apply accordingly to the Consignor making a bid for its own items.

V3.7 VAN HAM shall be entitled to place a bid below the
limit for the consigned lot on behalf of the Consignor, without
being required to disclose such procedure and irrespective of
whether or not other bids are placed.

V3.8 The initial bid price shall be determined by VAN HAM;
bids are generally submitted in Euros at a maximum of 10%
above the previous bid. Bids may be made in person in the
auction hall or, in case of absence, in writing, by telephone or over
the internet via the online catalogue on VAN HAM's homepage
or via a platform approved by VAN HAM.

V3.9 The provisions regarding silent auctions (cf. Clause V10)
apply to the catalogue numbers marked in the print catalogue
with "+".

V3.10 All offers shall be based on the so-called hammer price
and shall be exclusive of the premium, VAT (Umsatzsteuer)
and, where applicable, resale right (Folgerecht, droit de suite)
and customs charges (Zollumlage). When there are equal bids,
irrespective of whether they are submitted in the auction hall,
by telephone, in writing or over the internet, a decision shall
be made by drawing lots. Written bids or bids submitted via
the internet shall only be drawn on by VAN HAM to the extent
required to outbid another bid.

V3.11 Bids in absence shall be generally permitted if they are
received by VAN HAM at least 24 hours prior to the start of the
auction and any additional information pursuant to Clause V3.5
has been provided. Bids shall specify the relevant item, along
with its catalogue number and catalogue description. In case of
doubt, the catalogue number shall be decisive; the bidder shall
bear the consequences of any ambiguities. VAN HAM provides
the service of processing bids in absence for the convenience of
clients free of charge. VAN HAM therefore makes no
representations regarding the effectuation or error-free processing of bids.
This does not apply where VAN HAM is liable for mistakes made
intentionally or through gross negligence. Bids in absence shall
be deemed equivalent to bids made in person during the auction
when bids are accepted.

V3.12 Written bids must be signed by the bidder. In case of
written bids, the interested party shall authorise VAN HAM to
submit bids on its behalf.

V3.13 Telephone bids are possible for estimates of € 500 and
above. In this case a telephone operator present in the auction
room shall be authorised to submit bids as per the telephone
bidder's instructions. Telephone bids may be recorded by VAN
HAM. By applying for telephone bidding, applicants accept that
telephone conversations may be recorded. VAN HAM accepts
no liability for establishing and maintaining telecommunication
connections or for transmission errors.

V3.14 To actively participate in an auction via internet a
registration and a subsequent activation by VAN HAM is required.
Bids made via the internet may be submitted as "pre-bids"
prior to the beginning of an auction, as "live bids" during a
live web-cast auction, or as "post-bids" after conclusion of
the auction in accordance with the following provisions. Bids
received by VAN HAM via internet during an auction shall only
be considered for the ongoing auction if it is a live web-cast
auction. Apart from that, internet bids shall only be admissible
if VAN HAM has approved the bidder for internet bidding by
providing the bidder with a user name and password. Internet
bids shall only be valid bids if they can be unequivocally
matched to the bidder by means of the user name and
password. Internet bids shall be recorded electronically.
The accuracy of the corresponding records shall be accepted
by bidders/buyers, who shall nevertheless be free to furnish evidence to
the contrary. Live bids shall be considered equivalent to bids
made in the auction hall. VAN HAM accepts no liability for
establishing technical connections or for transmission errors in
case of internet bids.

V3.15 Subsequent sales form part of the auction. In the event
of post-bids, a contract shall only be made once VAN HAM accepts a bid.

V3.16 In case of distance contracts (Fernabsatzverträge), the
right of return and rescission shall not apply to written, telephone
or internet bids unless the bid was made in a so-called silent auction.
Please refer to the cancellation policy (Widerrufsbelehrung)
at the end of the present General Auction Terms.

V4. Acceptance of Bids

V4.1 A bid is accepted after the auctioneer has called the highest
bidder's bid three times. When a bid is accepted, a contract
of sale is concluded between VAN HAM and the bidder whose
bid was accepted. There shall be no entitlement to have a bid
accepted. VAN HAM may refuse to accept the bid or accept it
conditionally. This applies in particular where a bidder who is not
known to VAN HAM or with whom no business relationship has
yet been established fails to provide security in the form of bank
references or guarantees by the start of the auction at the latest.
V4.2 Where a bid is rejected, the previous bid shall remain
valid. If several individuals place equal bids and no higher bid is
made after three calls, the decision shall be made by drawing
lots. VAN HAM may revoke acceptance of a bid and re-offer
the item if a higher bid made in due time was accidentally
overlooked, if the highest bidder does not want the bid to
stand, or if there are other doubts as to the acceptance. If
no bid is accepted even though a bid was placed, VAN HAM
shall be liable to the bidder only in case of intent or gross
negligence. A bidder shall remain bound by a bid that has been
conditionally accepted for a period of one month. A conditionally
accepted bid shall only become effective if VAN HAM
confirms the bid in writing within one month from the date of
the auction.

V5. Purchase Price and Payment

V5.1 The buyer shall pay the bid price plus a premium of
29% on the first € 400,000.00 and a premium of 25% on all
sums exceeding this amount. This includes statutory VAT, which
will, however, not be listed separately due to the margin scheme
as per § 25a UStG (German Sales Tax Act). In case of items
marked in the print catalogue with "*" as subject to standard
taxation a premium of 25%, on the first € 400,000.00 of the
bid price and of 21% on all sums exceeding this amount shall
be levied on. Statutory VAT of currently 19% shall be levied on
the total of the hammer price and the premium.

V5.2 Items which have been imported from a fiscal third
country are marked in the print catalogue with "N". When VAN
HAM hands over such items to the buyer, he/she will become
the importer and owes VAN HAM's import VAT of currently 7%.
Items identified like this are subject to margine scheme and are
thus offered under on-charging the import VAT as apportionment
in the amount of 8%. Upon request immediately after
the auction the invoicing for these objects can be issued with
standard taxation and without such apportionment.
V5.3 Pursuant to § 26 (1) of the German Copyright Act
(UrhG), the seller is obliged to pay the statutory resale rights fee
on the sales proceeds of all original works of art and original
photographic works whose creators died less than 70 years
before completion of the sale, whereof the buyer shall bear a
proportionate lump-sum charge amounting to:
• 1.5% of the hammer price up to € 200,000
• 0.5% of the hammer price in excess of € 200,001
up to € 350,000, respectively
• 0.25% of the further hammer price of € 350,001 up to € 500,000, and
• 0.125% of the further hammer price in excess of this price up to five million, with an overall maximum of € 6,250.

V5.4 When the buyer has purchased an item at a live webcast auction (via an external provider, p.e. www.the-saleroom.com), he/she shall indemnify VAN HAM for any costs incurred by paying an additional fee in the amount of 3% of the accepted hammer price to VAN HAM. When the buyer has purchased an item at a live webcast auction (via www.van-ham.com (My VAN HAM), he/ she shall indemnify VAN HAM for any costs incurred by paying an additional fee in the amount of 1% of the accepted hammer price to VAN HAM.

V5.5. For buyers entitled to deduct input tax (Vorsteuerabzug), the invoice may, upon request (and after prior notification) be made out in line with standard taxation (Regelbesteuerung). VAT is not levied on shipments to third countries (i.e. outside the EU) nor on shipments to companies in EU member states, provided the VAT ID number is stated. If participants in an auction transfer purchased items to third countries themselves, they shall be reimbursed for VAT as soon as proof of export and purchase (Ausfuhr- und Abnehmernachweis) has been provided to VAN HAM.

V5.6 Invoices issued during or immediately after an auction must be verified; errors remain reserved to this extent.

V5.7 Payment of the total amount due upon acceptance of a bid shall be made via Electronic Cash, by wire transfer or by bank certified cheque. Cheques shall only be accepted on account of performance. Any taxes, costs, transfer or encashment fees (including any bank fees charged to VAN HAM) shall be borne by the buyer. Payments in cash or cash equivalents from €10,000 per calendar year will be registered according to legal requirements. Buyers who participate in the auction in person shall pay the purchase price to VAN HAM immediately after their bid has been accepted. Without prejudice to the fact that payment is due immediately, bids made in absence may be paid within 14 days of the invoice date without being deemed to be in default.

V5.8 Auctioned items shall, as a matter of principle, only be handed over after receipt of full payment of all amounts owed by the buyer.

V5.9 Due to statutory provisions VAN HAM can only accept payments from the registered bidder. Once issued and reviewed (see V5.6) we cannot change the buyer's name on the invoice or re-issue the invoice in the name of a third party.

V6. Collection, Assumption of Risk and Export

V6.1 Acceptance of a bid establishes an obligation to collect the item. Absent buyers shall collect their items without undue delay after VAN HAM has notified them that their bid has been successful. VAN HAM shall organise the insurance and shipment of the auctioned items to the buyer only upon the buyer's written instruction and at the buyer's cost and risk. Since the purchase price is due immediately and the buyer is obliged to collect the items without undue delay, the buyer shall be in default of acceptance no later than 14 days after acceptance of the bid or post-bid, and consequently the risk shall be transferred to the buyer at this time at the latest, irrespective of the fact that the item has not yet been handed over.

V6.2 If the buyer has not collected the items from VAN HAM
three weeks after acceptance of the bid and/or relevant notification at the latest, VAN HAM shall request that the buyer collect the items within one week. At the end of said period VAN HAM shall be entitled to have the items at the cost and risk of the buyer • delivered to the buyer, or • stored in a contract warehouse, or • store the uncollected items itself. VAN HAM shall inform the buyer prior to storage. If VAN HAM stores the items in its own warehouse, up to 1% p.a. of the hammer price shall be charged for insurance and storage costs. Irrespective of this, VAN HAM may alternatively demand performance of the contract or assert statutory rights for breach of duties. For the purpose of calculating any damage, reference is made to Clauses V5 and V8 of these Terms.

V6.3 VAN HAM shall under no circumstances be liable for loss of or damage to items that have not been collected or handed over due to non-payment, unless VAN HAM acted with intent or gross negligence.

V6.4 VAN HAM points out that specific objects (such as, in particular ivory, rhinoceros horn and tortoise shell) are subject to import and export restrictions (especially outside the European Union) which may prevent the shipment of such objects to third countries. It is the buyer's own responsibility to find out whether an acquired object is subject to such a restriction, and whether it is possible to obtain any necessary authorisation in respect of the object in question. Should the buyer instruct VAN HAM with the shipment of the object, unless explicitly provided for otherwise, the customer shall procure the necessary authorisations (e.g. pursuant to the CITES rules), if any, as well as any other permits and documents and make these available to VAN HAM for the purpose of shipment of the object. Any costs, duties or charges etc. related to the import or export of the object shall be borne by the buyer. If known, such objects are identified by "‡" in the printed catalogue. Such reference, however, does not release the buyer from his responsibility to gather information on export terms and other regulations for import by himself. The absence of such a reference to any export terms does not have any meaning and does under no circumstances indicate that there are no such import or export restrictions.

V7. Retention of Title, Set-off, Right of Retention

V7.1 The title to an item acquired by auction shall only pass o the buyer upon full receipt of all payments owed as per Clauses V5 and V8. In the event that the buyer sells such an item without having satisfied all of VAN HAM's claims, the buyer hereby already assigns by way of security (Sicherungsabtretung) to VAN HAM any claims arising from the resale. VAN HAM hereby accepts such assignment.

V7.2 The buyer shall only be entitled to set off claims against VAN HAM that are unchallenged and that have been recognized by declaratory judgement.

V7.3 The buyer shall have no right of retention based on claims arising from any prior transactions with VAN HAM. Insofar as the buyer is a merchant (Kaufmann), the buyer waives its rights under §§ 273, 320 of the German Civil Code (BGB).

V8. Default

V8.1 The purchase price shall be due upon acceptance of the bid. The buyer shall be considered in default 14 days from conclusion of the contract, i.e. acceptance of the bid or post-bid. Payment is to be made to VAN HAM in Euros. The same shall apply to cheques which shall only be recognised as fulfilment of the payment obligation once they have been unconditionally credited to the bank account.

V8.2 In the event of a default in payment, default interest shall be charged at a rate of 1% per month begun. The buyer shall be entitled to furnish evidence that a lesser or no loss was incurred. Apart from that, in the event of a default in payment VAN HAM may at its discretion choose to demand performance of the contract of sale or rescind the contract after setting a reasonable period for performance. In the event of rescission, all of the buyer's rights to the item acquired by auction shall lapse, and VAN HAM shall be entitled to claim damages in the amount of the lost proceeds from the non-auctioned item (Consignor's commission and premium). The buyer shall be entitled to furnish evidence that a lesser or no loss was incurred. If VAN HAM rescinds the contract and the item is re-offered at another auction, the defaulting buyer shall additionally be liable for any shortfall in proceeds compared to the prior auction and for the costs of the repeated auction; the buyer shall not be entitled to receive any surplus proceeds. VAN HAM shall be entitled to exclude such a buyer from making further bids at auctions.

V8.3 One month after default has occurred, VAN HAM shall be entitled and, upon the Consignor's request, required to disclose the buyer's name and address to the Consignor.

V9. Privacy Statement
The bidder hereby agrees to the bidder's name, address and purchases being stored electronically and processed by VAN HAM for the purpose of performing and implementing the contractual relationship, and for the purpose of providing information about future auctions and offers. Should the bidder fail to meet its contractual duties within the scope of performance and impLementation of this contractual relationship, the bidder consents to this fact being included in a blacklist accessible to all auction houses of the German Association of Art Auctioneers (Bundesverband Deutscher Kunstversteigerer e.V.). The future collection and use of data may be objected to by deleting this clause or by submitting a subsequent declaration to VAN HAM, with effect for the future.

V10. Silent Auction
VAN HAM shall conduct a so-called "silent auction" for the items marked in the print catalogue with "+". These General Auction Terms shall apply accordingly to such "silent auction"; however, bidders may only bid in written form or via the internet. Since the items in "silent auctions" are not called out, no bids can be made in person or by telephone. Bids for a "silent auction" must be submitted to VAN HAM in writing at least 24 hours before the start of the auction in order to be valid.

V11. Miscellaneous Provisions

V11.1 These General Auction Terms shall govern all relations between the client and VAN HAM. The client's general commercial terms and conditions shall not be valid. No oral side agreements are valid. Any amendments shall be made in writing.

V11.2 Place of performance is Cologne. If the client is a merchant, an entity under public law or a fund under public law or if the client has no general place of jurisdiction in the Federal Republic of Germany, the Courts of Cologne shall have jurisdiction over any disputes between VAN HAM and the client. Mandatory statutory provisions on exclusive places of jurisdictions shall remain unaffected by this provision.

V11.3 German law shall apply; the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

V11.4 The aforementioned provisions shall also apply mutatis mutandis to the private sale of items consigned for auction and, in particular, to post-sales, which are not governed by the provisions on distance sales as they form part of the respective auction.

V11.5 In the event that any of the above provisions are invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision which most closely resembles the commercial content of the invalid provision. This applies correspondingly if the contract contains a gap in need of amendment. In cases of doubt the German version of the General Auction Terms shall prevail. Translations into other languages merely support the textual orientation.

Van Ham Kunstauktionen GmbH & Co. KG
Hitzelerstraße 2, 50968 Cologne, Germany
Local Court Cologne HR A 375
General Partner: Van Ham Kunstauktionen Verwaltung GmbH
Local Court Cologne HR B 80313
Managing Director Markus Eisenbeis
(auctioneer for art and antiques, officially appointed and sworn
by the Cologne Chamber of Commerce and Industry)

(November 2019)

Shipping Terms

V6. Collection, Assumption of Risk and Export

V6.1 Acceptance of a bid establishes an obligation to collect
the item. Absent buyers shall collect their items without undue
delay after VAN HAM has notified them that their bid has been
successful. VAN HAM shall organise the insurance and shipment
of the auctioned items to the buyer only upon the buyer's written
instruction and at the buyer's cost and risk. Since the purchase
price is due immediately and the buyer is obliged to collect
the items without undue delay, the buyer shall be in default of
acceptance no later than 14 days after acceptance of the bid or
post-bid, and consequently the risk shall be transferred to the
buyer at this time at the latest, irrespective of the fact that the
item has not yet been handed over.

V6.2 If the buyer has not collected the items from VAN HAM
three weeks after acceptance of the bid and/or relevant
notification at the latest, VAN HAM shall request that the buyer collect
the items within one week. At the end of said period VAN HAM
shall be entitled to have the items at the cost and risk of the buyer
• delivered to the buyer, or
• stored in a contract warehouse, or
• store the uncollected items itself.
VAN HAM shall inform the buyer prior to storage. If VAN HAM
stores the items in its own warehouse, up to 1% p.a. of the
hammer price shall be charged for insurance and storage costs.
Irrespective of this, VAN HAM may alternatively demand performance of the contract or assert statutory rights for breach of
duties. For the purpose of calculating any damage, reference is
made to Clauses V5 and V8 of these Terms.

V6.3 VAN HAM shall under no circumstances be liable for
loss of or damage to items that have not been collected or
handed over due to non-payment, unless VAN HAM acted with
intent or gross negligence.

V6.4 VAN HAM points out that specific objects (such as, in
particular ivory, rhinoceros horn and tortoise shell) are subject to
import and export restrictions (especially outside the European
Union) which may prevent the shipment of such objects to third
countries. It is the buyer's own responsibility to find out whether
an acquired object is subject to such a restriction, and whether it
is possible to obtain any necessary authorisation in respect of the
object in question. Should the buyer instruct VAN HAM with the
shipment of the object, unless explicitly provided for otherwise,
the customer shall procure the necessary authorisations (e.g.
pursuant to the CITES rules), if any, as well as any other permits
and documents and make these available to VAN HAM for the
purpose of shipment of the object. Any costs, duties or charges
etc. related to the import or export of the object shall be borne
by the buyer. If known, such objects are identified by "‡" in the
printed catalogue. Such reference, however, does not release
the buyer from his responsibility to gather information on export
terms and other regulations for import by himself. The absence
of such a reference to any export terms does not have any
meaning and does under no circumstances indicate that there
are no such import or export restrictions.

Payment

V5. Purchase Price and Payment

V5.1 The buyer shall pay the bid price plus a premium of
29% on the first € 400,000.00 and a premium of 25% on all
sums exceeding this amount. This includes statutory VAT, which
will, however, not be listed separately due to the margin scheme
as per § 25a UStG (German Sales Tax Act). In case of items
marked in the print catalogue with "*" as subject to standard
taxation a premium of 25%, on the first € 400,000.00 of the
bid price and of 21% on all sums exceeding this amount shall
be levied on. Statutory VAT of currently 19% shall be levied on
the total of the hammer price and the premium.

V5.2 Items which have been imported from a fiscal third
country are marked in the print catalogue with "N". When VAN
HAM hands over such items to the buyer, he/she will become
the importer and owes VAN HAM's import VAT of currently 7%.
Items identified like this are subject to margine scheme and are
thus offered under on-charging the import VAT as apportionment
in the amount of 8%. Upon request immediately after
the auction the invoicing for these objects can be issued with
standard taxation and without such apportionment.
V5.3 Pursuant to § 26 (1) of the German Copyright Act
(UrhG), the seller is obliged to pay the statutory resale rights fee
on the sales proceeds of all original works of art and original
photographic works whose creators died less than 70 years
before completion of the sale, whereof the buyer shall bear a
proportionate lump-sum charge amounting to:
• 1.5% of the hammer price up to € 200,000
• 0.5% of the hammer price in excess of € 200,001
up to € 350,000, respectively
• 0.25% of the further hammer price of € 350,001
up to € 500,000, and
• 0.125% of the further hammer price in excess of this price
up to five million, with an overall maximum of € 6,250.

V5.4 When the buyer has purchased an item at a live webcast
auction (via an external provider, p.e. www.the-saleroom.com),
he/she shall indemnify VAN HAM for any costs incurred by paying
an additional fee in the amount of 3% of the accepted hammer
price to VAN HAM. When the buyer has purchased an item at a
live webcast auction (via www.van-ham.com (My VAN HAM), he/
she shall indemnify VAN HAM for any costs incurred by paying
an additional fee in the amount of 1% of the accepted hammer
price to VAN HAM.

V5.5. For buyers entitled to deduct input tax (Vorsteuerabzug), the invoice may, upon request (and after prior notification) be made out in line with standard taxation (Regelbesteuerung). VAT is not levied on shipments to third countries (i.e.
outside the EU) nor on shipments to companies in EU member
states, provided the VAT ID number is stated. If participants in
an auction transfer purchased items to third countries themselves,
they shall be reimbursed for VAT as soon as proof of
export and purchase (Ausfuhr- und Abnehmernachweis) has
been provided to VAN HAM.

V5.6 Invoices issued during or immediately after an auction
must be verified; errors remain reserved to this extent.

V5.7 Payment of the total amount due upon acceptance of a
bid shall be made via Electronic Cash, by wire transfer or by bank
certified cheque. Cheques shall only be accepted on account
of performance. Any taxes, costs, transfer or encashment fees
(including any bank fees charged to VAN HAM) shall be borne by
the buyer. Payments in cash or cash equivalents from €10,000
per calendar year will be registered according to legal requirements.
Buyers who participate in the auction in person shall pay
the purchase price to VAN HAM immediately after their bid has
been accepted. Without prejudice to the fact that payment is due
immediately, bids made in absence may be paid within 14 days of
the invoice date without being deemed to be in default.

V5.8 Auctioned items shall, as a matter of principle, only be
handed over after receipt of full payment of all amounts owed
by the buyer.

V5.9 Due to statutory provisions VAN HAM can only accept
payments from the registered bidder. Once issued and reviewed
(see V5.6) we cannot change the buyer's name on the invoice
or re-issue the invoice in the name of a third party.

Buyers Premium

V5.1 The buyer shall pay the bid price plus a premium of
29% on the first € 400,000.00 and a premium of 25% on all
sums exceeding this amount. This includes statutory VAT, which
will, however, not be listed separately due to the margin scheme
as per § 25a UStG (German Sales Tax Act). In case of items
marked in the print catalogue with "*" as subject to standard
taxation a premium of 25%, on the first € 400,000.00 of the
bid price and of 21% on all sums exceeding this amount shall
be levied on. Statutory VAT of currently 19% shall be levied on
the total of the hammer price and the premium.

V5.2 Items which have been imported from a fiscal third
country are marked in the print catalogue with "N". When VAN
HAM hands over such items to the buyer, he/she will become
the importer and owes VAN HAM's import VAT of currently 7%.
Items identified like this are subject to margine scheme and are
thus offered under on-charging the import VAT as apportionment
in the amount of 8%. Upon request immediately after
the auction the invoicing for these objects can be issued with
standard taxation and without such apportionment.
V5.3 Pursuant to § 26 (1) of the German Copyright Act
(UrhG), the seller is obliged to pay the statutory resale rights fee
on the sales proceeds of all original works of art and original
photographic works whose creators died less than 70 years
before completion of the sale, whereof the buyer shall bear a
proportionate lump-sum charge amounting to:
• 1.5% of the hammer price up to € 200,000
• 0.5% of the hammer price in excess of € 200,001
up to € 350,000, respectively
• 0.25% of the further hammer price of € 350,001
up to € 500,000, and
• 0.125% of the further hammer price in excess of this price
up to five million, with an overall maximum of € 6,250.

V5.4 When the buyer has purchased an item at a live webcast
auction (via an external provider, p.e. www.the-saleroom.com),
he/she shall indemnify VAN HAM for any costs incurred by paying
an additional fee in the amount of 3% of the accepted hammer
price to VAN HAM. When the buyer has purchased an item at a
live webcast auction (via www.van-ham.com (My VAN HAM), he/
she shall indemnify VAN HAM for any costs incurred by paying
an additional fee in the amount of 1% of the accepted hammer
price to VAN HAM.