NOT SOLD (BIDDING OVER)
0.00EUR+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Jul 05 @ 01:00UTC-08:00 : PST/AKDT
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Auction Location:
Germany
Previewing Details:
Viewing 26th June - 2nd July - Mon-Fri 10am-6pm, Saturday 10am-4pm, Sunday 11am-4pm.
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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>
4. The appraised values listed in the catalog do not constitute minimum or maximum prices, but serve only as an indication for the objects' market value. VAN HAM does not warrant the correctness of the appraised values. Low valued objects may be auctioned collectively without being listed in the catalog.
All information contained in the catalog is provided based on VAN HAM's best knowledge; no liability is assumed for any catalog information unless the incorrectness of this information is based on intent or gross negligence. The same applies to pictures in the catalog. Such pictures serve the purpose of assisting prospective Buyers during the pre-auction inspection; they do not contain any statement regarding the condition or any qualities of the objects to be auctioned.<p>
VAN HAM reserves the right to correct catalog information about the objects to be auctioned. Such correction may be made using a written notice displayed at the auction location or orally by the auctioneer immediately prior to the auction of the respective object. VAN HAM shall be liable for such correction in the same extent as for the original information.
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>
c) Written bids (pre-auction bids) must be signed and must be received by VAN HAM no later than one day prior to the start of the auction. Written bids (pre-auction bids) received by telefax or e-mail are not accepted.<p>
d) Telephone bids will be accepted only after a prior application. Together with the application for telephone bidding, the applicant agrees to a recording of the telephone call. The telephone bidding application shall state the objects with the catalog number and catalog description. In case of doubt, the catalog number shall be decisive. The Bidder shall be responsible for any ambiguities. VAN HAM shall not be liable for establishing or maintaining a telephone connection.<p>
e) VAN HAM decides whether and under which conditions bids submitted via Internet are accepted. Internet bids are permitted only, if the Bidder was admitted by VAN HAM for Internet bidding and received a user name and password. Internet bids constitute valid bids only if they can be attributed to the Bidder without doubt based on the user name and password. Bids transmitted over the Internet are registered electronically. The Bidder/Buyer, who retains the right to prove their incorrectness, recognizes the correctness of such recording protocols.
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Internet bids submitted prior to the start of the auction are invalid. Internet bids submitted during the ongoing auction are treated like bids submitted from within the auction hall. Internet bids received after the end of the auction shall be deemed to be offers for concluding a purchase contract during the after-auction sale. A contract is concluded only if VAN HAM accepts the bid.
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7. The highest bidder's bid is accepted after it was called up three times. Upon acceptance of the bid, a purchase contract is concluded between VAN HAM and the Bidder whose bid was accepted. VAN HAM may refuse to accept a bid or accept a bid with reservations. This applies in particular, if a Bidder is not known to the auctioneer, or if a Bidder with whom no business relation exists has not provided security in the form of bank inquiries or guarantees prior to the auction. Generally, no claim for acceptance of a bid exists. If a bid is refused, the prior bid remains effective. If several Bidders have made identical bids and no higher bid is placed after the bid was called up three times, lots shall be drawn (or a coin tossed) to decide the successful bid. VAN HAM may revoke the acceptance of a bid and offer the object again, if a higher bid that was place in time was overlooked erroneously, if the highest Bidder disputes the validity of his/her bid, or if other doubts exist regarding the bid acceptance. VAN HAM shall be liable to the Bidder only in case of intent or gross negligence if a bid is not accepted even though an acceptable bid was placed. In case of a bid accepted with reservations, the Bidder remains obliged by the bid for a period of one month. A bid accepted under reservation becomes effective only if VAN HAM confirms the bid within one month after the auction date in writing through a corresponding invoice.
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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).
Buyers who are not present during the auction shall collect the objects from VAN HAM without undue delay after being informed about the acceptance of their bid.<p>
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>
Under no circumstances shall VAN HAM be responsible for the loss of or damage to objects that are either uncollected or not handed over due to incomplete payment, unless VAN HAM acted intentionally or with gross negligence.<p>
9. In addition to the bid amount, the Buyer shall pay an premium of 22%, which contains the statutory V.A.T., but which is not separately displayed due to the differential taxation pursuant to § 25a UStG (German V.A.T. Act). The objects marked with an asterisk in the catalog are subject to the regular taxation, i.e. the statutory V.A.T. is charged on top of the bid amount and the 15 percent premium; the V.A.T. for objects marked with one asterisk (*) amounts to 16 percent, for objects marked with two asterisks (**) to 7 percent. To compensate for the authors' resale royalty rights (§26 UrhG - German Copyright Act), the auction house pays a fee based on the sales proceeds of fine art objects created after 1900 to the Ausgleichsvereinigung KUNST. The Buyer is charged an amount of 1 percent as a resale royalty right apportionment plus the statutory V.A.T. For commercial customers who are entitled to a V.A.T. refund, the invoice may (upon prior request) be issued conforming to the regular taxation. Sales to non-EU countries are not subject to V.A.T.; the same applies to commercial customers within the EU who submit their V.A.T. identification number. If Buyers themselves take acquired objects into non-EU countries, they will receive a V.A.T. refund as soon as an export- and acquirer certificate is submitted to VAN HAM. Invoices issued during or immediately after the auction may need to be reexamined; VAN HAM reserves the right to err in this respect. <p>
10. The payment of the full amount due upon acceptance of the bid must be made in cash or by bank-certified check. The acceptance of a check itself does not fulfill the payment obligation of the Buyer. All taxes, expenses, money transfer or check fees (including bank expenses charged to VAN HAM) shall be borne by the Buyer. Payments by absentee Buyers who were bidding in writing, by telephone, or over the Internet become due ten days after the invoice date.
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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