NOT SOLD (BIDDING OVER)
0.00EUR+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2003 Nov 29 @ 10:00UTC+1
Vivares, Francois
"The Morning". Kolorierter Kupferstich von 1754 nach einem Original von A. Cuyp. Plattengröße ca: 27 x 36,5 cm. (42109007)
Auction Location:
Germany
Previewing Details:
Sunday Nov. 23rd, 2003 - Thursday Nov. 27th, 2003
11.00 am to 5.00 pm
Friday Nov. 28th , 2003
11.00 am to 4.00 pm
Additional Fees:
Shipping Details:
Will follow upon receipt of payment. Shipping costs include insurance.
Payment Details:
Cheque, Bank Transfer or Cash.
CONDITIONS OF SALE
<p>The Kunst- und Auktionshaus Dr. Jürgen Fisher auctions the objects offered on this Website as an agent in the name of and for account of its clients (sellers). An exception is owned property (foreign sellers) which is marked with an asterisk * before the catalogue number. A surcharge of 18% is payable for items marked with an asterisk * and a Value Added Tax is payable on the purchase price (knock-down price plus surcharge). The following conditions are consented to by making a bid personally or in writing. The same conditions apply to public sale:
<p>1. The auction is conducted voluntarily in the name of the seller.
<p>2. Every bidder shall be deemed to act as principal unless the Auctioneer has, before the date of the auction, acknowledged in writing that the bidder is acting as agent on behalf of a disclosed principal.
<p>3. All items to be auctioned can be inspected and examined prior to the auction. The offered objects are used and usually of some age. The auctioneer gives no warranty for faults and imperfections of goods and errors of description over and above the accepted general obligations to conscientiousness. However, he is prepared to inform the seller of deficiencies of goods under the provision that such complaints are justified and will be presented within a reasonable period of time after the sale, i.e. in case of errors of description, genuineness or authenticity of any lot within 12 months after date of sale, and in case of general faults and imperfections of any lot 6 months after date of sale. Catalogue descriptions are made to the best of the auctioneer’s knowledge and belief, but shall not be considered a promise of qualities pursuant to §§ 459 et seq. German Civil Code. Any complaints against the auctioneers are precluded after the knockdown.
<p>4. The auctioneer has the right to unite, to separate catalogue numbers or to offer lots in a different order from that indicated in the catalogue as well as to withdraw lots.
<p>5. An item shall be knocked down if after the third call of a bid no higher bid has been made. The auctioneer has the right to refuse a bid or to knockdown with reservation. If a bid is accepted under reservation it remains obligatory for four weeks after the fall of the hammer. The bid becomes valid when the auctioneer informs the bidder of the acceptance of his offer within this period of time.
<p>6. In the event of equally high bids, the auctioneer decides on the knockdown by casting lots. In the event of a higher bid being overlooked or in case of any other doubts with respect to the knockdown the item is called again. In the event of equally high bids in writing the previously received has priority.
<p>7. Once a lot has been knocked-down, the successful bidder shall be obliged to buy it. At the fall of the hammer, every lot shall pass to the possession of, and be at the sole risk of the buyer, while ownership shall not pass to the buyer until the auctioneer has received full payment. Invoices made out during an auction or immediately thereafter will be “error excepted” and are subject to rechecking.
<p>8. The purchasing price is made up of the knockdown price and a surcharge of 22 per cent. The surcharge includes Value Added Tax. Items for export are exempt from Value Added Tax. Exceptions are items with an asterisk *. In this case foreign buyers will be refunded the Value Added Tax upon presentation of the export documents. The purchasing price of items marked with an asterisk * is made up of the knockdown price plus a surcharge of 18 per cent. The knockdown price plus surcharge constitute the invoice price, which will be subject to Value Added Tax. Payment by credit card will be subject to a surcharge of 2 per cent administrative fee.
<p>9. Upon sale of a lot the buyer shall pay the purchase price to the auctioneer within seven days from the date of sale. Lots will not be handed over to buyers unless the auctioneer has received full payment. Successful, postal or telephone bids will be invoiced. After payment into the auctioneer's account, shipment will be effected at the sole expense and risk of the buyer.
<p>10. If the buyer defaults in payment the auctioneer may, at his discretion, insist on performance of the contract or claim damages for non-performance. The buyer defaults in payment if a period of grace fixed together with a rejection warning has elapsed.
<p>11. If the auctioneer insists on performance of the contract he has the right to demand the purchase price and compensation for the delay. He will charge interest on the outstanding amount. Any exchange rate losses and bank charges shall be borne by the buyer. This applies also for any costs of legal proceedings against the buyer.
<p>12. If the auctioneer claims damages for non-performance he may put up the lot or lots again for sale. The purchaser whose rights from the previous knockdown become invalid -is liable for renumeration the auctioneer has lost (surcharge and commission) from the original auction and for any lower knock-down price, plus storage costs of the item. The purchaser has no claim to any higher knockdown price obtained at the further auction; nor shall he be permitted to submit a further bid. The auctioneer is entitled to claim interest on arrears at normal bank interest rates for open advances on current accounts withstanding any further claims. All the auctioneer's claims are due as soon as default begins, even in cases of acceptance of checks or drafts.
<p>13. Order bids must always be made in writing. These must be received at least one day prior to the auction and name the item and lot number as well as the bid price, which is understood as the knockdown price, not including surcharge and tax. Order bids by purchasers that are not known to the auctioneer are accepted only when security is given prior to the beginning of the auction.
<p>14. Given estimates are not limits.
<p>15. Auctioned items are stored and shipped after knockdown at the purchaser's expense and risk. Externally visible damages shall be claimed in writing immediately after the delivery. Externally invisible damages shall be claimed in writing
<br.-within 24 hours after the delivery when delivered by post.
- within 4 days after the delivery when delivered by carrier.
-within 7 days after the delivery when delivered by other firms.
<p>16. The law of the Federal Republic of Germany shall govern legal relations between the auctioneer and the bidder/purchaser. Place of performance and place of jurisdiction for any legal proceedings including default proceedings shall be Heilbronn.
<p>17. In case one or more provisions of these conditions of sale for auctions are or become invalid, the remaining conditions shall remain in effect. An invalid provision shall be replaced by a valid provision which comes as near as possible to the economic content and purpose of the invalid provision.
<p>18. When viewing items prior to the auction the visitor shall be extremely careful because he will be liable for any damage caused by him.
<p>19. Prospective buyers, who can’t attend the auction, are advised to use bidding slips. The limit left should be the amount to which the buyer would bid if he were to attend the sale. Lots will always be bought as cheaply as allowed by other bids and reserves. (Please write legible)
<p>20. The auctioneer may exclude persons from the auction especially if they interfere with the auction or the viewing. Buying, selling and exchanging of goods within the Kunstauktionshaus Dr. Jürgen Fischer is forbidden to persons who do not belong to the staff. If anybody should act contrary to this rule will be banned from the house.
<p>These conditions of sale for auctions are available in both German and English. The German version is always authoritative.