AUCTION TERMS AND CONDITIONS
AUCTION TERMS AND CONDITIONS
The terms and conditions in the english translation are only given for information. In any case,
only the german original VERSTEIGERUNGSBEDINGUNGEN are formally binding in its entirety.
By participating in the auction you accept the following conditions:
1. The auction takes place voluntarily in the name and for the account of the client (= agency auction).
2. The Auctioneer reserves the right to combine or to separate Lot-numbers and under special conditions to present or to withdraw out of order.
3. All lots put up for auction can be viewed and inspected before the auction. The items are used and are in an age appropriate "damaged" state. Damage and value-reducing conditions are specified as follows: rest = the object is in a restored state; dam = the object is in a damaged condition; doubl = the image carrier is mounted on a second image carrier. Age-related damage, respectively changes, eg. as desiccation of the medium or alteration due to light, are not specified and are to be understood as a normal state. Cleaning and minor repairs, however, serve the preservation and are not value-reducing changes. It is generally only issued an opinion regarding the object and no feature is promised. Oral statements are invalid and require written confirmation. The private stakeholders are invited to appoint a local restorer with the assessment of the object, if you can not convince yourself of the condition of the property during the visit in person. Telephone and written absentee bidders may obtain a state description, if the bid request is present no later than 24 hours before the start of the auction. Requests received later can therefor be rejected. The catalogue descriptions are not guarantees in the meaning of law. Items are used and sold as is. The buyer can not claim for defects if the auctioneer has fulfilled his duty of care. With graphics and edition objects, the artist is mentioned as the creator of the original. Details of annual figures refer to the time of design and not to the time of execution, which may have been made by a publisher or edition. Temporal information such as "painters of the 18th century" do not relate strictly to historical time, but can inter alia be classified as the author's understanding in the context of the confines of this century in painting, handwriting or content. The auctioneer is committed to assert its warranty claims against the consignor in case of complaints within the statutory limitation period of 12 months. In the event of a successful claim, the auctioneer will refund only the purchase price and buyer's premium. If it comes to the redemption of an object, the buyer must provide the object at its own cost and risk. After that, the refund of the purchase price and buyer's premium is done.
4. The contract will be granted, if after three calls no higher bid is submitted. The Auctioneer may reject the bid with a particular reason. If more than one person at the same time calls the same bid and after the third call, no higher bid is made, the winner will be decided by drawing . The auctioneer may withdraw the bid and offer the item again, if erroneously a higher bid was not seen although given in time and this has been queried by the bidder immediately or if there are doubts about the acceptance (§ 2 paragraph 4 VerstVO). If an acceptance happens with restriction, the bidder is bound to his bid for a period of the three weeks. If the bidder does not receive the unconditional contract within that period, it expires. If a reservation is not approved by the consignor, or if someone calls the limit, the Lot can be given to a higher bidder without consultation of the bidder under restriction. For the contract to become effective, the dispatch of the written notification to the address specified by the tenderer will suffice. The auctioneer has the right to accept a bid under the limit, if the vendor is billed to the limit (commission loss).
5. The acceptance of a bid obliges to buy. With the fall of the hammer, the danger of not responsible losses or damages passes to the buyer. Ownership of the auctioned items will only pass to the buyer with full payment. If the successful bidder violates the terms and conditions, any claims against the auction house will lapse.
6. The purchase price plus a premium of 23% is to pay to the auctioneer, plus 19% VAT related to the buyer's premium (total = 27.37%).
7. Only natural persons are entitled to bid. Personally participating bidders in the auction will have to pay - in the case of successful bidding - the final price immediately following the acceptance to the Auction House Peter Karbstein cash in Euros. The payment of a foreign acquirer who bids in writing or has been represented by proxies, does not apply as late within 10 days after billing.
8. Should the buyer not comply with its obligations, the auctioneer has the right to terminate the purchase agreement unilaterally and without warning. In the case of late payment, an interest at the rate of 1% per month or part month will be charged. Cheques are accepted only after unconditional bank credit has been received. The Auction House Peter Karbstein may choose between fulfillment of contract or claim for time limit damages in case of default for failure to comply. The damages can also be calculated in this case, so that the matter will be auctioned again and the defaulting buyer shall be liable for a deficiency in the proceeds from the previous auction and for the cost of the repeated auction including the surcharge.
9. The Purchaser shall be obliged to take their purchases immediately after the auction. The Auctioneer disclaims all liability for sold items. Auctioned things are delivered only after full payment is received. Shipment will invariably be at the expense and risk of the buyer.
The company Karbstein reserves the right of retention on auctioned goods in the event that there are other claims against the purchaser.
10. Severability applies. German law applies; the provisions of the uniform (international) Sale of Goods shall not apply.
11. Every bidder bids for himself. Customers, who want to bid on behalf of a third person, must obtain the auctioneer's written consent within 24 hours before the auction. In the late payment they are personally liable for all damages to the auctioneer incurred, even if the invoice is drawn on their respective clients. By placing a bid or placing a written order, the buyer accepts the above conditions. They apply mutatis mutandis to the later freehand acquisition of auctioned objects.
12. In written bids the bidder commissions the auctioneer to bid for him. In a telephone bid in the auction room the telephone operator is instructed to submit bids according to the instructions of the telephone bidder. Telephone bidding requires a written agreement with the company Karbstein. The minimum bid price for the telephone bidder is 80% of the lower estimate. The telephone bidder sends a fax to the company Karbstein in which he writes his phone number and enters his bid. He is then called during the auction. However, the company Karbstein and telephone operators do not assume any liability and can not give any guarantee regarding the design or error-free performance of telephone and/ or written bids. The subsequent sale is part of the auction in which the prospective buyer may bid a certain amount via telephone or written bid. In the above cases, the provisions on distance contracts [§§ 312b) to 312) BGB] shall not apply.
13. Storage costs for auction items are collected from 1. March 2017, in an amount of 1.50 Euros per day.
14. The estimated prices in Euros shown in the catalogue are no limits, but are primarily used as benchmarks in the amount we expect. The call is usually 20% lower than the lower estimate. The individual condition of the property is considered in the estimates. Differences regarding the colour of the catalogue pictures may occur. Paintings and drawings are generally measured without frame and legally sold without a frame. The frame is legally a free extra, the auctioneer is not responsible for the condition of the frame. The details of the annual figures for works of art with a print run such as sculptures or prints, indicate the year of design and not the execution. Artist details in works of art in an edition are related to the intellectual copyright of the model or design. The art works of an edition can be created after the artist's death.
15. The attached contract on the back of the remittance slip gives you the opportunity to participate without physical presence in the auction. All the necessary decision-making tools are given by our catalog. If you need more information, pictures or describtion in addition to the catalogue, we ask you to ask us. We are here for additional information. Your bids will be executed on a discretionary basis. The price you have noted is considered your highest bid. The selling can also be done at a lower price. Bidder orders can be executed only if they are filled in block letters and available 24 hours before the auction starts. The specified catalogue number is mandatory and binding and not the title of the art work.
16. Unless catalog owners, auction participants and bidders do sate otherwise, they assert that they will only use the catalog and the depicted objects from the period of the Third Reich for purposes of civic education, the defense of unconstitutional efforts, art, science or research purposes or teaching, reporting on events of current affairs or history or similar purposes (§§ 86a, 86 StGB). The auction house Peter Karbstein, the auctioneers and the consignors only offer or sell those items under the said conditions.
17. The copyright for all texts and images remain with the company Karbstein.
Auctioneer PETER KARBSTEIN
