Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR AUSTRIA AUCTION COMPANY, LANGAUER GMBH
AUSTRIA AUCTION COMPANY Langauer GmbH (AAC) accepts
objects on behalf of sellers as a commission sale in or
outside its business premises, the Internet or by using other,
appropriate technical or actual equipment, to auction such
goods subject to the following Conditions. The consignor
warrants he is the sole owner of the items to be auctioned,
or is duly authorized to act on behalf of such owner. The
contract will be in accordance with the provisions of the
Austrian Commercial Code of 1994 as currently amended.
1. The auction item will be stored in the storerooms of AAC
for free until the completion of the auction for which the
objects have been accepted.
2. The storage is at the risk of the consignor. AAC is only liable
in case of willful or grossly negligent breach of contract.
Any proof for intent and gross negligence must be made by
written claim immediately by the consignor. However, for the
following -- fire, burglary and theft -- AAC offers insurance at
the consignor?s expense. The premium for this insurance will
be shown separately on the invoice. At the completion of the
auction this insurance expires. The consignor accepts these
Conditions in writing at the time of consignment.
3. The consignor agrees the sale of consigned objects will
be governed in accordance with the attached General Terms
and Condition of Auction, which are an integral part of this
auction contract. AAC can in certain circumstances bid
on behalf of the consignor up to the reserve price. Where
the consignor has not set a minimum price (the reserve),
the auctioneer shall sell the object at a price at its sole
discretion. If the object is unsold during the auction, the
highest bidder will be tied to his bid for a period of three
weeks. The consignor has to agree to such a sale, to the
highest bidder, in sufficient time so that bidder can be
notified within the three week period. If the consignor gives
a group of objects for sale the auctioneer has the right to
sell them at his sole discretion as long as the consignor?s
limit for the group is met.
4. If three days from the date of accepting the consignment
agreement the consignor has not contacted AAC,
the consignor then agrees to the Estimate in the AAC
consignment agreement. These Estimates done by AAC using
due care are not any guarantee of selling price. AAC does not
assume any responsibility to be held liable by the standards
of Civil Code § § 1299f. The consignor expressly agrees
to waive any Estimates or assessments made by outside
publicly appointed and sworn experts.
5. After the close of the auction, the consignor agrees to leave
any unsold objects with ACC for a period of three weeks to
allow AAC to arrange possible private sales. Selling price in this
case will be a minimum determined by the consignor?s reserve.
If there is no reserve consignor agrees to allow AAC to sell the
object at a price determined by AAC?s sole discretion.
6. The consignor agrees to be paid according to the terms
of this contract. Should the consignor be a corporation the
consignor agrees to pay on its behalf the VAT it will receive from
AAC as part of its settlement for the object?s sale.
7. Consignor agrees if the object is not sold or picked up within
five weeks from the date of sale AAC is entitled to either return
the object at consignor?s cost and risk, or to charge storage fees
at industry standard.
8. Consignor agrees to pay AAC a commission based on the
consignment agreement. Consignor agrees to pay for any
images in the catalog according to the consignment agreement.
Consignor agrees to pay any expenses related to the sale of his
objects, like packing, postage, transportation and the cost of
repairs, etc., listed in the consignment agreement. Should the
consignor, or his agent, bid for and buy any object listed on the
consignment agreement with AAC consignor agrees to pay all
normal charges, as if the object was sold to any other bidder.
9. AAC reserves the right to charge a 3% commission, plus any
costs listed in paragraph 8 of this agreement, for any object
which has remained unsold in the auction or in the three week
period following the auction.
10. The consignor takes full responsibility for the information he
has provided AAC about the object and guarantees to protect
AAC from any and all claims by any third party. In particular, the
consignor shall be liable for all defects and deficiencies of the
objects. Should AAC discover any additional significant defects
after delivery AAC is entitled to cancel the contract. Also in
principle AAC is entitled to reject accepting the object without
giving any reason. In the event of any contest of ownership
or anything else the consignor agrees to pay all expenses in
advance. AAC is liable to the consignor only in case of willful or
grossly negligent breach of duty.
11. Forty-five days after the auction, providing the buyer has
paid in full, the consignor will be paid the balance due by AAC.
If the buyer does not pay in full, at the consignor?s discretion,
AAC will endeavor to collect payment. However, the consignor
agrees to pay in advance for any fees or charges associated with this effort. AAC is liable to the consignor for the amount of the
auction proceeds due to him when the buyer has paid in full.
12. Should an object stay unsold in the auction and the
consignor demands it returned before the end of the three
week period, AAC is entitled to receive full commission and
any other relevant charges before returning the object. If
the contract is canceled by mutual agreement between
the consignor and AAC, the consignor agrees to pay AAC all
commission and costs. The calculation for this will be from the
minimum price specified in the consignment agreement, or as
alternatively set by AAC in the catalog.
13. The consignor agrees to the listed date and time of the
auction shown in the consignment agreement. All changes and
any amendments to these Conditions of sale must be registered
in writing. Statements by AAC are only binding if they are
confirmed in writing. Consignor and buyer agree the jurisdiction
of the local court in Vienna will apply. In any event only Austrian
law applies. Consignor and buyer agree the UN Convention on
Contracts for the International Sale of Goods of 11.04.1980
(CISG 89 BGBl II) shall not apply.
14. Consignor agrees if there is any copyright question the
consignor will be liable for all charges and payments.
15. Should any part of this agreement be found invalid it does
not change any of the other parts. Consignor agrees if any
invalid part of this agreement is replaced AAC has the sole right
for its agreement.
GENERAL TERMS AND CONDITIONS OF AUCTION FOR AUSTRIA AUCTION COMPANY, LANGAUER GMBH
1. Austria Auction Company Langauer GmbH (Auctioneer)
conducts public auctions as a commission agent in its own
name and on behalf of the consignor, who will remain
anonymous in public, under the terms and Conditions listed in
the Terms and Conditions and below.
2. The prices listed in the catalog are only Estimates.
3. Each bidder buys in his own name and for his own account,
unless prior to the auction other arrangements have been
made in writing, or by a written power of attorney. Written
or telephone bids must be arranged in advance, but not less
than 24 hours before the date and time of auction. This must
be done in the name of the bidder, citing the catalog number
and maximum bid (hammer price), which is understood
to be an aggregate amount without charges and sales tax
(hammer price). For telephone bidders the lower estimate is
the minimum bid. All errors, mistakes and inaccuracies will be
borne by the bidder, in case of doubt the catalog number is
the determinant. AAC shall not be held liable for any problems
with any telephone bid or email bid. By placing a bid, the
bidder confirms agreement with all Terms and Condition
listed here and in the Terms and Condition in the catalog. AAC
expressly reserves the right to reject any bid without reason.
4. The auctioneer reserves the right to combine catalogue
numbers, to sell out of sequence, to withdraw any lot, or
to cancel the sale without reason. The bidding can begin at
any amount at AAC?s discretion. Bidding will be increased by
approximately 10%, or at any amount at the discretion of AAC.
5. AAC can refuse any bid at its discretion. If several
bidder make the same bid simultaneously, and after three
unsuccessful attempts to raise the bid, AAC at its discretion
will decide who will win the lot. Should a bidder immediately
complain about a missed bid, or raise immediate questions
about the selling of a lot, AAC has the right to reoffer the lot.
In any case AAC shall only be liable for gross negligence.
6. The buyer will win a lot only after three unsuccessful calls for
a higher bid have been made. AAC can close the bidding at any
time and announce a lot is unsold. In such a case the highest
bidder of record will be bound for a period of three weeks to
honor his bid. If that bidder does not receive, within that period,
the unConditional acceptance of that bid, this contract expires.
If during that period there is a higher bid AAC can accept it.
At AAC?s discretion it will notify the bidder of the receipt of a
higher bid to allow the bidder to raise his bid accordingly. AAC
will use the bidder?s registered address for notification but in no event will AAC be bound to make any such notification.
7. Consignor and buyer agree any sale completed on any
associated Internet platform will be governed by the terms
and Conditions of the operator of that platform. If there are
no terms and Conditions on that platform then those of AAC
will apply. Consignor and buyer agree if there are conflicting
terms and Conditions between AAC and the operator of an
internet platform then those of AAC will apply. Consignor and
buyer agree AAC assumes no liability for damages of any kind
arising when bidders or third parties use the services of AAC.
In particular, AAC is not liable for any damages due to any
technical or other defects (e.g. power failure, system failure,
etc.).
8. The consignor and buyer agree the winning bid is a contract
and the buyer is committed to purchase and pay promptly. The
consignor and buyer agree AAC assumes no responsibility for
any damage, loss, confusion, etc. in delivering the successfully
sold object to the buyer.
9. Consignor and buyer agree objects will be sold by AAC under
the differential tax rules. AAC?s 24% premium only includes
the VAT of the differential tax. For corporations who have a
pre-tax allowance the 20% remains, and in addition a 20% VAT
charge of the total amount will be added. If an EEC company
operating outside of Austria is the buyer then the sale is
subject to the transfer tax of that country. In this case where
no Austrian VAT is to be paid the buyer must notify AAC prior
to the sale in writing and include its VAT identification number
(UID). If the buyer is located outside of the EEC then the VAT
will be refunded only if the buyer provides AAC with proof of
proper export. The buyer agrees to pay for any and all objects
successfully purchased at the auction immediately after the
last lot is sold unless prior payment arrangements have been
approved in writing by AAC. For buyer wishing to settle their bill
immediately after the auction AAC will generate an invoice and
the buyer must check this for any errors and immediately bring
those errors to AAC?s attention.
10. Buyer agrees to pay in Euro(?) by cash. All other forms of
payment must be agreed to by AAC prior to the beginning of
the auction. Buyer agrees any expenses related to payments
will be paid by the buyer and not by AAC. Buyer agrees AAC
will not surrender the object until full payment and any other
related charges have been collected in full by AAC.
11. Buyer agrees any payment not made immediately after the
auction ends will accrue interest at the rate of 1% per month
or part thereof. The auctioneer may claim damages from the
buyer for non-performance in case of default by either breach
of contract or after expiry of a reasonable grace period. Should
the buyer be deemed in default AAC at its sole discretion may reoffer
the object for sale either in private sale or by auction. The
buyer agrees to pay in addition to the original invoice any charges
AAC should have to bear in reselling the object. Should AAC
sell the object for more the buyer is not entitled to receive any
excess proceeds and agrees to be considered as the consignor
for such a sale.
12. Buyer agrees to take possession of his purchase
immediately after the auction. Should the buyer fail to take
possession then, or after further attempts by AAC to notify
the buyer to take possession, AAC is entitled to damage delay
compensation as in the same manner as if the buyer did not
pay. Immediately after the object is purchased under the
hammer the auctioned object is stored at the expense and
risk of the buyer. The buyer agrees any undelivered object
may be store by AAC at its sole discretion and any reasonable
charges for that storage will be the responsibility of the buyer.
The buyer agrees shipping and packaging of any purchased
object is on request only and at its own cost and risk. Such
arrangement must be agreed to by AAC in writing but under no
circumstances will AAC be liable for any claims of loss, damage,
etc.
13. All objects offered by AAC for auction may be inspected
and examined prior to the auction at the stated time and
place listed in the catalog. The object are offered without any
expressed liability or warranty by AAC. It is the buyers sole
responsibility to make an inspection and while AAC will help to
do this buyer agrees not to hold AAC responsible for any and
all claims related to this help. The catalog details have been
created to the best of AAC?s knowledge and belief, but there
are no guarantees in the legal sense (§§ 922 ff Civil Code) for
this information. They are not part of any contract between
AAC and the buyer or consignor. Buyer and consignor agree all
objects are sold where is and as is.
14. The auctioneer agrees if there are any gross errors in the
catalog description proven beyond reasonable doubt, which
grossly devalue the purchase, the buyer has the right within a
reasonable time period and by written notification to AAC to a
refund of the purchase price (hammer) exclusive of the refund
of any other payments.
15. The consignor may withdraw any object from the auction
but this must be done by written notice to AAC prior to one
month before the date of the auction. If the consignor does this
a fee equal to 22% of the high Estimate must be paid to AAC. In
no event will AAC withdraw any lot until this fee is paid in full
prior to one month before the auction date.
16. Consignor and buyer agree not to hold AAC responsible for any claims other than those judged to be grossly negligent.
17. Consignor grants AAC the right to place a lien on any objects
should there be any unpaid payments due AAC. Consignor
agrees to be responsible for any incidental charges related to
AAC?s collecting any unpaid bill. Consignor agrees AAC may sell
any object to collect any unpaid bills according to the relevant
statutory provisions. The same, without restriction, applies to all
circumstance between AAC and a buyer.
18. Consignor and buyer agree the jurisdiction of the local court
in Vienna will apply. In any event only Austrian law applies.
Consignor and buyer agree the UN Convention on Contracts for
the International Sale of Goods of 11.04.1980 (CISG 89 BGBl II)
shall not apply. Should any part of this agreement be found invalid
it does not change any of the other parts. Consignor agrees if any
invalid part of this agreement is replaced AAC has the sole right
for its agreement.
19. Consignor and buyer agree these terms and Conditions also
apply for any subsequent private sale of objects by AAC to any
purchaser.
20. AAC will not release any consignor or buyer private
information unless there is a legal obligation or substantiated
claims by third parties. In the case of a valid claim by a third party
AAC has the right to release the personal data of the consignor
or buyer. At AAC?s sole discretion any private information may
be used in its marketing and any other commercial activities.
However, AAC will not give this information to any other third
parties for their use.
