Lot 425: Isaac Lodewijk la Fargue van Nieuwland (1726-1805) two portraits watercolour on paper

Sale Terms

The sale is conducted by:
Rob Michiels Auctions
AARM bvba
Address: Genthof 9, 8000 Brugge, Belgium
VAT: BE 0568.546.989
Tel.: +32(0) 50 343603
E-mail: info@rm-auctions.com

Sales are conducted by auction according to the Belgian law.
Payments for lots purchased are expected within 5 working days after the last day of auction.
According to Belgian anti-money laundering laws, amounts from €3.000 can only be paid by means of bank transfer or card payment.
Bidding increments are:
0-100 Euro: + 10 Euro
100-500 Euro: + 20 Euro
500-1000 Euro: + 50 Euro
1000-2000 Euro: + 100 Euro
2000-5000 Euro: + 200 Euro
5000-20000 Euro: + 500 Euro
20000-100000 Euro: + 2000 Euro
+ 100000 Euro: + 5000 Euro
Because of the use of online bidding software it is not possible to change this. If a written commission bid does not comply with these increments, it will be rounded to the nearest bid amount. This means that, for example, a bid of 1240 Euro will be rounded down to 1200 Euro and a bid of 1250 Euro will be rounded up tot 1300 Euro.
Sales commission is 25%. For bids received through one of our partners (for example Invaluable, Le Figaro, Lot-Tissimo, The-Saleroom, …) this is 28%.
Goods are sold "as is" at the moment of adjudication.
All statements made by the auctioneer be it in writing, digitally or be it orally, are not to be relied on as statements of fact. They are only an opinion, given to the best of our knowledge and are for guidance only. The buyer is due to verify the condition of the goods by personal inspection. On request every opportunity will be provided to conduct additional expertise as long as the goods are not damaged. As a result, after the adjudication no complaint will be accepted.
If a viewer damages a good during the viewing days, he is obliged to inform us. A case will be opened and this person's insurance will have to reimburse the owner. The amount to be reimbursed is the high estimate + 25%.
After adjudication the buyer is responsible for his/her purchases. During the auction goods can not be collected.
Every buyer needs to provide identification. A bidding number can be acquired during the viewing days and before the auction. During the auction this is also possible through the front desk. However, we strongly advise acquisition of said number before the auction. Identification measures are a copy of your passport or identity document and a transcription of your personal contact details.
Each person is assumed to bid on his own account. Bids are binding contracts. In default of payment, liability to another person will not be accepted.
Any dispute occurring during the auction can only be resolved by the acting bailiff/notary. His or her decision is definite and irrevocable.
The international rules on copyright law (droit de suite) obliges us to require an extra premium on the hammer price of original works of art made by still living artists, or within seventy years after his or her decease. The premium is required only on hammer prices from €2.000. The amounts required are:
4% on the total sum up to € 50.000
3% on the amount from € 50000,01 up to € 200000
1% on the amount from € 200000,01 up to € 350000
0.5% on the amount from € 350.000,01 up to € 500000
0.25% on the amount from € 500000
The maximum amount of the right should not exceed € 12500.
Collection of purchases is only possible after the auctioneer has received full payment. Collection dates will be announced individually per auction and are also available on request. It is the buyer's duty to inquire about collection options. Goods not collected during the pre-arranged collection periods, will be subject to a storage fee of 1,5 Euro per day per lot number, even if the payment is completed in full, unless other arrangements have been made to our satisfaction.
We accept payments by means of:
Cash (under €3.000)
Bank transfer of the full amount, indicating the invoice number in the commentary section. Fees should be handled by the sender, on this account:
IBAN: BE48001746875727
BIC: GEBABEBB
Bank: BNP Paribas Fortis
Card payment through our terminal: Maestro payments (free of charge), Visa/Mastercard: +2,5% (both for debit and credit cards)
We can also arrange shipping for your purchases. The cost for this service will be specified after reception of your full payment. We can give you a non-binding pre-sale estimate on simple request. The order of packing/shipping is the same as the payment reception order. We work with several different companies for this: Belgian Post Office, TNT, DHL and Fedex. When choosing for Fedex or DHL, we will only charge for packing. Clients are responsible for arranging and paying for pick-up and shipping costs directly to the courrier service.
Both foreign and national buyers who can't be present during the auction, can bid by telephone or bid live online through one of our partners. As we can not guarantee the proper functioning of available communication channels, we strongly suggest to also send in a back-up bid, or book a telephone line and arrange for online bidding simultaneously.

Foreign buyers will need to identify themselves in full at least two days before the auction. If necessary, a bank guarantee will be requested which will serve as a guarantee in case of non-payment.

The auctioneer can not be held responsible in case of disfunctioning of the available communication channels and any consequences related to this, nor from unavailability on the bidders' side.
Dealers are required to identify themselves as such and disclose their business details when bidding or requesting a bid number.
In case of non-payment the lots will be put up for sale in another sale. The non-paying bidder will be obliged to reimburse the difference in case of a lower hammer price, according to Belgian law. He will not have any claims over the possible difference above the original hammer price.. He will also need to cover all costs related to the re-offering.
Every buyer is supposed to know and comply with the import regulations of his or her country of destination. The auction house can not be held responsable for any problems arising with the export of certain goods, be they legal or illegal in any country.

By taking part in our sales any person agrees to these condition, be it directly through us or through one of our partners (The-Saleroom, Invaluable, LiveAuctioneers, ...)
Every participant to our sales is supposed to be aware of and compy with these conditions.
Any arising dispute shall only be governed by the Belgian law and only the justice court in Bruges, Belgium, can deal with these disputes.

(this is a copy of our original terms and conditions of which the original form is available on our website. Should there be any difference between these terms and the ones on our website, the terms and conditions on our website will always precede the ones shown on invaluable.com)

23. GST
23.1 Interpretation
Words or expressions used in this clause 23 that are
defined in A New Tax System (Goods and Services Tax)
Act 1999 have the same meaning.
23.2 GST and amounts payable to the Company:
(a) All amounts owing by the Seller to the Company
(including, without limitation, the Seller's Commission,
the Offer Fee, the Insurance Fee, and Expenses) under
this agreement do not include GST. If and to the extent
that any amount owing by the Seller to the Company is
consideration for a taxable supply by the Company, the
amount shall be increased by an amount equal to the
GST payable by the Company on that supply.
(b) All amounts payable by the Buyer to the Company
under this agreement (including, without limitation, the
Premium) do not include GST. If and to the extent that
any amount payable by the Buyer to the Company is
consideration for a taxable supply by the Company, the
Buyer must pay to the Company, an additional amount
equal to the GST payable on the supply.
23.3 GST and amounts payable to the Seller
(a) The Seller must, on or before the date of the Sale,
notify the Company whether it is registered for GST,
and if so, must provide its ABN to the Seller at the same
time.
(b) If the Seller notifies the Company that it is
registered for GST in accordance with clause 23.3(a):
(i) the Seller authorises the Company as its agent, to
issue a tax invoice to the Buyer in respect of the Sale of
any Lot which is a taxable supply; and
(ii) on payment of the Sale Proceeds to the Seller in
accordance with clause 10, the Company will:
(A) notify the Seller of the amount of GST included
in the Sale Price for the Lot to enable the Seller to
determine its GST liability on the Sale; and
(B) give the Seller a tax invoice for any taxable
supply made by the Company to the Seller under this
agreement (including, without limitation, any supply
for which the Seller's Commission, the Offer Fee,
the Insurance Fee, and Expenses are consideration)
including any amounts payable on account of GST in
accordance with clause 23.2(a).
23.4 GST on sale of Lot to Buyer
(a) The Sale Price is inclusive of GST (if any) and shall
not be increased any further for any GST payable by the
Seller in respect of the Sale.
(b) If the Seller has informed the Company that it is
registered for GST in accordance with clause 23.3(a),
the Company will, upon request by the Buyer or
otherwise at its discretion, issue a tax invoice to the
Buyer showing:
(i) the amount of GST included in the Sale Price; and
(ii) any amounts payable by the Buyer to the Company
in consideration for any taxable supply made by the
Company to the Buyer under this agreement and any
GST payable on the supply in accordance with clause
23.2(b).
(c) If the Seller does not inform the Company that it
is registered for GST in accordance with clause 23.3(a),
the Sale will be presumed not to be a taxable supply,
and the Company will only issue a tax invoice for any
taxable supply made by the Company to the Buyer
under this agreement (including, without limitation, any
taxable supply for which the Premium is consideration
and any amounts payable on account of GST payable
on that supply in accordance with clause 23.2(b)).
(d) A Buyer of a Lot sold by a GST registered Seller
that is subsequently exported from Australia may be
able to claim a refund from the Company for any GST
included in the Sale Price of a Lot if, within 60 days of
the Sale, the Buyer provides the Company with:
(i) all relevant shipping documents confirming that
the goods have been exported from Australia; and
(ii) evidence to the reasonable satisfaction of the
Company that the Buyer is not registered or required
to be registered for GST in Australia.
However, the Company need not refund any GST
amount to the Buyer under this clause, unless and until
it receives a refund of this amount from the Seller.
23.5 Obligations of non-resident Sellers
(a) This clause 23.5 only applies to Sellers that are nonresidents
of Australia.
(b) The Seller must, on or before any Lot is imported
into Australia for Sale, notify the Company as to:
(i) whether the Seller will be selling the Lot in the
course of carrying on an enterprise; and
(ii) whether the Seller is registered for GST in Australia.
(c) The Seller acknowledges and agrees that the
Company has the right to deduct and retain from the
Sale Proceeds, an amount equal to any GST for which
the Company is or becomes liable to pay in respect
of the importation or Sale of a Lot, including, without
limitation, any GST payable pursuant to Division 57 of
the GST Act.
23.6 Reimbursements (net down)
If a payment to a party under this agreement is a
reimbursement or indemnification, calculated by
reference to a loss, cost or expense incurred by that
party, then the payment will be reduced by the amount
of any input tax credit to which that party is entitled on
the acquisition of the taxable supply to which that loss,
cost or expense relates.

Collection of purchases is only possible after the auctioneer has received full payment. Collection dates will be announced individually per auction and are also available on request.

It is the buyer's duty to inquire about collection options. Goods not collected during the pre-arranged collection periods, will be subject to a storage fee of 1,5 Euro per day per lot number, even if the payment is completed in full, unless other arrangements have been made to our satisfaction.
We accept payments by means of:
Cash (under €3.000)
Bank transfer of the full amount, indicating the invoice number in the commentary section. Fees should be handled by the sender, on this account:
IBAN: BE48001746875727
BIC: GEBABEBB
Bank: BNP Paribas Fortis

Card payment through our terminal, with cardholder present:
Maestro payments (free of charge)
Visa/Mastercard: +2,5%? (both for debit and credit cards)

We can arrange shipping for your purchases. The cost for this service will be specified after reception of your full payment. We can give you a non-binding pre-sale estimate on simple request. The order of packing/shipping is the same as the payment reception order. We work with several different companies for this: Belgian Post Office, TNT, DHL and Fedex. When choosing for Fedex or DHL, we will only charge for packing. Clients are responsible for arranging and paying for pick-up and shipping costs directly to the courrier service.