Conditions of sale
Conditions of sale
These general conditions of sale and everything pertaining to them are governed exclusively by French law. Buyers and their representatives accept that any legal action will be taken within the jurisdiction of French courts (Paris). The various provisions contained in these general conditions of sale are independent of each other. If any one of them is declared invalid, there is no effect on the validity of the others. The act of participating in this auction implies acceptance of all the conditions set out below by all buyers and their representatives. Payment is due immediately at the end of the sale, payable in euros. A currency conversion system may be provided during the sale. The corresponding foreign currency value bids made in the hall in euros is given for indication purposes only. All the translations in this catalog are non-exhaustive and for information purpose only. Lots marked with ° are done with ivory specimen of elephantidae. Prior to June 1, 1947 and thus in accordance with the communitarian regulation of the 9/12/1996 art. 2/ wcm for an exit of the EU. A "Cites" of re-exportation will be necessary and at the charge of the future purchaser. Lots preceded of a J will be sold on decision of the judge of Court of and it for a guardianship The auction of these lots will be increased by following buyers premium and without degression: 12 % H.T., that is 14.14 % inclusive of tax.
DEFINITIONS AND GUARANTEES Descriptions appearing in the catalogue are provided by Millon & Associés and the Sale Experts and are subject to corrections, notifications and declarations made at the moment the lot is presented and noted in the record of the sale. Dimensions, colours in reproductions and information on the condition of an object are given for information purposes only. All information relating to incidents, accidents, restoration and conservation measures relating to a lot is given, to facilitate inspection by the potential buyer and remains completely open to interpretation by the latter. This means that all lots are sold as seen at the moment the hammer falls, with any possible faults and imperfections. No claims will be accepted after the hammer has fallen, a pre-sale showing having provided potential buyers with an opportunity to examine the works presented. For lots appearing in the sale catalogue, whose estimated low price is over 32, 000, a condition report on their state of preservation will be issued free of charge upon request. The information contained therein is given purely as an indication and Millon & Associés and the Sale Experts can in no way be held liable for it. In the event of a dispute at the moment of sale, i.e. it is established that two or more buyers have simultaneously made an identical bid, either aloud or by signal and both claim the lot at the same time when the hammer falls, the lot will be re-submitted for auction at the price offered by the bidders and everyone present will be permitted to bid once again.
TELEPHONE BIDDING The acceptance of telephone bids is a free of charge service provided by Millon & Associés. In this regard, our company accepts no liability for a break in the telephone connection, a failure to connect or a delayed connection. Although Millon & Associés is happy to accept requests for telephone bidding up until the end of the pre-sale show, it cannot be held liable for errors or omissions relating to telephone bidding orders.
EXPENSES FOR WHICH THE BUYER IS RESPONSIBLE The buyer will pay Millon & Associés in addition to the sale price or hammer price, a sales commission of: 24% HT plus VAT or 28.8% Current rate of VAT 20%. Total price = sale price (hammer price) + sales commission.
TEMPORARY IMPORT Purchasers of lots marked with * must pay any duties and taxes in respect of a temporary importation in addition to sale expenses and VAT (5,5 % of the hammer price) 20% for jewelry and watches, motorcars, wines and spirits and multiples).
EXPORT FROM FRANCE The export of a lot from France may require a licence. Obtaining the relevant document is the sole responsibility of the successful bidder. A delay or refusal by the authorities to issue an export licence is not a justification for cancellation of the sale, delayed payment or voiding of the transaction. If our company is requested by the buyer or his/her representative to make arrangements for export, all costs incurred will be for the account of the party making such a request. Such arrangements should be considered purely as a service offered by Millon & Associés.
EXPORT FOLLOWING THE SALE The VAT paid as part of the sale expenses or the amount paid in connection with the temporary import of the lot, may be refunded to the buyer within the legally stipulated period upon presentation of documents proving that the lot purchased has been exported.
PREEMPTION BY THE FRENCH STATE In certain circumstances defined in law, the French State has a right of pre- emption on works sold at public auction. In such a case, the French State substitutes for the highest bidder, on condition that the pre-emption order issued by the State's representative in the sale room is confirmed within fifteen days of the date of the sale. Millon & Associés cannot be held responsible for preemption orders issued by the French State. BIDDERS' LIABILITY By making a bid on a lot by any method of communication offered by Millon & Associés, bidders assume personal responsibility for paying the sale price plus the sales commission and any duties and taxes payable. Bidders are deemed to act in their own name and on their own behalf, unless otherwise agreed in writing prior to the sale with Millon & Associés. In the event of a dispute involving a third party, Millon & Associés may hold the bidder alone responsible for the bid in question and for payment.
FAILURE TO MAKE PAYMENT In accordance with article 14 of law no. 2 000- 6421 of 10 July 2 000, upon failure of the buyer to make payment and there being no response to formal notice, the article is re-submitted for sale at the request of the seller and by reason of false bidding by the defaulting buyer; if the seller does not make such a request within one month from the date of the sale, the sale is automatically void, without prejudice to any damages payable by the defaulting buyer.
MILLON & ASSOCIÉS RESERVES A RIGHT OF CLAIM AGAINST DEFAULTING BUYERS: - for interest at the legal rate - for the refund of additional costs arising from the default with a minimum of 250 euros. - for payment of the sale price or: - the difference between that price and the sale price in the event of a new sale, if the new price is lower, plus the costs incurred for the new auction. - the difference between that price and the false bid price, if it is lower, plus the costs incurred for the new auction. Millon & Associés also reserves the right to demand compensation for all sums due by the defaulting buyer or to bank security deposit cheques if, in the two months following the sale, invoices are still not settled.
COLLECTION OF PURCHASES, INSURANCE, WAREHOUSING AND TRANSPORT Millon & Associés will only hand over lots sold to the buyer after cleared payment of the total price.It is the buyer's responsibility to insure lots immediately upon purchase, since, from that moment onwards, he/she alone is responsible for loss, theft, damage and other risks. Millon & Associés declines any liability for damage themselves or for the failure of the buyer to cover damage risks. Buyers are advised to collect their lots with a minimum of delay. Purchases withdrawals Buyers can come and collect the adjudged lots, free of charge, from 7pm on the evening of the sale, until 10 am the next morning. The lots which have not been withdrawn and which do not figure on the detailed list hereafter*, will have to be collected once the payment has been cashed at the Hotel Drouot the day following the auction sale. Small goods which return to our offices after the sale are the following: jewels, watches, books, earthenware objects, glassware and sculptures as well as all paintings. The lot's size is determined by MILLON & ASSOCIES on a case by case basis (the given examples above are given merely as an indication). Please note that the Drouot storage service is opened from Monday to Friday from 9am to 10am and from 1 pm to 5 :30 pm as well as on Saturday from 8am to 10am (outside of non-working Saturdays, at Drouot's sole discretion). The lots will be delivered to the buyer in person or to a third party designed by him and to whom he will have given a proxy and a copy of his identity card. The exportation formalities (demands of certificates for a cultural good, exportation license) of the subjected lots are the buyer's responsibility and can require a delay from 2 to 3 months. It is recommended to the successful tenderers to proceed to a removal of their lots in the best delays as to avoid storing fees which are at their charge and run from the day following the sale. The fees are calculated proportionally to the custody's duration, to the volume and to the amount of the auction in the sole discretion of Drouot. The storage does not entrain the expert's nor the auctioneer's responsibility in any way whatsoever. Once the auction is done, the object will be under the entire responsibility of the adjudicator. The S.A.S MILLON & ASSOCIES does not accept any responsibility for the damages which the object can undergo, and thus as soon as the auction is pronounced. Option: We would like to inform our clientele that the Drouot storage service is used by default. There remains a possibility for our buyers to opt for a withdrawal of their lots at our furniture store: ARTSITTING 116 Boulevard Louis Armand - 93330 Neuilly Sur Marne Telephone:+33 (0)1 41 53 30 00 Email: contact@artsitting.com The purchases benefit from a storage gratuity during 4 weeks following the sale. Past this delay, storage, handling and availability fees will be invoiced during the withdrawal of the lots at ARTSITTING, according to the following rate grid: - Transfer : 98 € HT per lot - Storage : 9 € HT per lot per week the first year 18 € HT per lot per week beyond the first year No shipping or removal of the lots will be possible without the complete settlement of the disposal and storage costs.
SHIPPING OF THE PURCHASES We inform our clientele that MILLON & ASSOCIES does not handle the shipping of goods other than those of a small size (the examples hereafter are given for information purposes only): jewels, watches, books, earthenware objects, glassware and sculptures. Furthermore, MILLON & ASSOCIES retains the right to consider that the fragility and/or the value of a lot necessitate the intervention of an exterior provider. The lot's size will be determined by Millon & ASSOCIES on a case by case basis (the examples above are given for information purposes only). At all events, the shipping of a good is at the exclusive financial charge of the buyer and will be carried out after reception of a letter which discharges Millon & Associés of all responsibility in the becoming of the shipped object.
INTELLECTUAL PROPERTY The sale of a lot does not imply the transfer of reproduction or representation rights, where the lot constitutes the physical medium.
PAYMENT IN FULL Millon & Associés states that cash payment is required for sales at public auction and that buyers must immediately pay the total purchase price, irrespective of any intention to export the lot from France (see « Export from France"). Payment may be made as follows: - in cash up to 1. 000 euros (French residents) - by cheque or postal order upon the presentation of current proof of identity, - by Visa or Master Card - by bank transfer in euros to the following account: BANK DETAILS: NEUFLIZE OBC 3, avenue Hoche - 75008 Paris IBAN : FR76 3078 8009 0002 0609 7 000 469 BIC : NSMBFRPPXXX Crédits photographiques : Aleksander Rabczuk Impression : Riccobono Millon - Svv Agrément n°2002-379 Habilités à diriger les ventes : Alexandre Millon, Nathalie Mangeot, Mayeul de La Hamayde
FAILURE TO MAKE PAYMENT
FAILURE TO MAKE PAYMENT In accordance with article 14 of law no. 2 000- 6421 of 10 July 2 000, upon failure of the buyer to make payment and there being no response to formal notice, the article is re-submitted for sale at the request of the seller and by reason of false bidding by the defaulting buyer; if the seller does not make such a request within one month from the date of the sale, the sale is automatically void, without prejudice to any damages payable by the defaulting buyer.
MILLON & ASSOCIÉS RESERVES A RIGHT OF CLAIM AGAINST DEFAULTING BUYERS: - for interest at the legal rate - for the refund of additional costs arising from the default with a minimum of 250 euros. - for payment of the sale price or: - the difference between that price and the sale price in the event of a new sale, if the new price is lower, plus the costs incurred for the new auction. - the difference between that price and the false bid price, if it is lower, plus the costs incurred for the new auction. Millon & Associés also reserves the right to demand compensation for all sums due by the defaulting buyer or to bank security deposit cheques if, in the two months following the sale, invoices are still not settled.
DEFINITIONS AND GUARANTEES
DEFINITIONS AND GUARANTEES Descriptions appearing in the catalogue are provided by Millon & Associés and the Sale Experts and are subject to corrections, notifications and declarations made at the moment the lot is presented and noted in the record of the sale. Dimensions, colours in reproductions and information on the condition of an object are given for information purposes only. All information relating to incidents, accidents, restoration and conservation measures relating to a lot is given, to facilitate inspection by the potential buyer and remains completely open to interpretation by the latter. This means that all lots are sold as seen at the moment the hammer falls, with any possible faults and imperfections. No claims will be accepted after the hammer has fallen, a pre-sale showing having provided potential buyers with an opportunity to examine the works presented. For lots appearing in the sale catalogue, whose estimated low price is over 32, 000, a condition report on their state of preservation will be issued free of charge upon request. The information contained therein is given purely as an indication and Millon & Associés and the Sale Experts can in no way be held liable for it. In the event of a dispute at the moment of sale, i.e. it is established that two or more buyers have simultaneously made an identical bid, either aloud or by signal and both claim the lot at the same time when the hammer falls, the lot will be re-submitted for auction at the price offered by the bidders and everyone present will be permitted to bid once again.
