NOT SOLD (BIDDING OVER)
0.00EUR+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Jul 06 @ 01:00UTC-08:00 : PST/AKDT
Gemälde Neuerer Meister - Wendelberger, Wenzel Hermann - 1882 Rothsaifen
Blumenstilleben mit gelbem und rotem Mohn in einem Krug
Signiert unten rechts: W.H. Wendelberger. Öl auf Leinwand. 45,5 x 36,5cm. Rahmen.
Auction Location:
Germany
Previewing Details:
Viewing 26th June - 2nd July - Mon-Fri 10am-6pm, Saturday 10am-4pm, Sunday 11am-4pm.
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
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1. VAN HAM Kunstauktionen KG (hereinafter "VAN HAM") conducts auctions as a commission agent in its own name and for the account of Sellers, who remain anonymous.<p>
2. Prior to the auction, the objects to be auctioned may be inspected and examined. Visitors are liable for all damages caused by them to the exhibited objects. Defective conditions are mentioned in the catalog description only if they affect the overall impression of the work of art. <p>
The objects to be auctioned are used; they are offered "as is" in the condition at the time they are called up during the auction. Descriptions in the catalog are based on VAN HAM's best knowledge and do not constitute warranted qualities pursuant to the law of purchasing contracts. VAN HAM shall not be liable for defects as long as it has fulfilled its due diligence obligations. However, if the Buyer has paid the sale price and the premium (Section 10), VAN HAM shall raise any warranty claims against the Seller based on substantiated notices of defect submitted in time during the limitation period; the limitation period, which begins with the acceptance of the Buyer's bid, amounts to twelve months in case of defects of substance involving the authenticity of the object and six months for all other defects. In case of a successful claim against the Seller, VAN HAM refunds the purchase price and the premium; any additional claims are excluded. <p>
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If an additional Internet catalog is prepared, the information contained in the printed catalog shall prevail - subject to the liability exclusions pursuant to aforementioned Sections 3 and 4. <p>
5. VAN HAM reserves the right to combine objects listed under different or separate objects listed under the same catalog number, auction objects in a different order, or remove objects from an auction. <p>
6. a) All bids shall be deemed issued in the Bidder's own name and for his/her own account. If a Bidder intends to place third party bids, the Bidder shall submit to VAN HAM a written power of attorney stating the name and address of the represented party no later than 24 hours prior to the start of the auction. Otherwise, the purchase contract is concluded with the Bidder upon the acceptance of the bid.
b) Bids may be placed from within the auction hall. <p>
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8. The bid acceptance results in an obligation to accept the object. Upon the bid's acceptance, the Buyer assumes all risks regarding the object. Buyers who are present during the auction are obliged to collect the objects immediately after the auction. Objects are handed over only after complete payment of all amounts owed by the Buyer. In any case, the Buyer acquires the object's ownership only after VAN HAM has received payment in full (reservation of title).
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VAN HAM will organize the insurance and transport of an object to the Buyer only upon the Buyer's written instructions and at the Buyer's risk and expense.
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If the Buyer has not collected the objects from VAN HAM within three weeks after the acceptance of the bid or notification about the bid acceptance, respectively, VAN HAM will request that the Buyer collects the objects within one week. After the end of this period, VAN HAM has the right to have the objects stored in a warehouse at the Buyer's risk and expense. VAN HAM shall inform the Buyer prior to having the objects stored in a warehouse. VAN HAM's right to choose to either demand fulfillment of the contract or claim the statutory default rights remains unaffected. For calculating any damages, reference is made to Section 11 of these Conditions.<p>
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Payment shall be made in German Mark or (after January 01, 2002) in Euro to the auctioneer. The same applies to checks, which will fulfill the Buyer's payment obligation only after bank credit without reservation. <p>
The Buyer waives any retention rights arising from other, including earlier, transactions from the ongoing business relationship. The Buyer may set off claims only if these are undisputed or legally binding determined by a court. Commercial Buyers hereby waive their rights arising from §§320, 322 BGB (German Civil Code).<p>
Interest at a rate of 1 percent per month is charged on late payments. The Buyer has the right to prove that less or no damage was suffered. In addition, VAN HAM may elect in case of default to either demand the fulfillment of the purchasing contract or claim damages due to non-performance after an adequate notice period; the damages may be calculated by auctioning the object again during a different auction, in which case the Buyer in default shall pay the difference between the purchase price of the previous auction and any lower proceeds of the second auction as well as the costs for the second auction (including VAN HAM's premium); the Buyer may not claim any higher sales proceeds.<p>
VAN HAM has the right, and upon the Seller's request the obligation, to inform the Seller about the name and address of the Buyer one month after the Buyer defaulted.<p>
11. Cologne shall be place of fulfillment and place of venue for commercial transactions. German law shall apply; the provision of the uniform (international) purchasing law shall not apply. <p>
12. The aforementioned provisions shall apply accordingly to the free sale of objects submitted for auction. <p>
13. If any of the aforementioned provisions is partially or completely ineffective, the effectiveness of the remaining provisions remains unaffected. In case of doubt, the German version of these Auction Conditions shall prevail.
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