NOT SOLD (BIDDING OVER)
0.00EUR+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Oct 31 @ 09:00UTC-08:00 : PST/AKDT
Photographie
Schmölz, Hugo
1879 Sonthofen - 1938 Köln
Theater innen (Stumpf)
1937. Vintage. Gelatinesilberabzug. 22,2x17,1cm. Rückseitig Atelierstempel: "Schmölz-Foto, Köln-Rhein, Unter Sachsenhausen 18" sowie mit blauer Tinte Angabe der Negativnummer.
Tadelloser Zustand
Auction Location:
Germany
Previewing Details:
Viewing, 24. - 31. October 2002 Mon. - Fri. 10am - 6pm, Sat. 10am - 4pm, Sun. 11am - 4pm
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
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>
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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>
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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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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).
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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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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>
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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>
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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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