TERMS AND CONDITIONS
Conditions of Sale - Zwiggelaar Auctions
1. All E.C. clients pay a buyer's premium of 25% of the price at which the item has been auctioned.
2a. Each buyer is understood to represent himself and cannot plead having acted in commission. If you make a bid at auction, you do so as principal and will be held personally and solely liable for that bid unless we have previously agreed with you in writing that you do so on behalf of an identified third party who is acceptable to us. In circumstances where we have so agreed, both you and the third party will be jointly and severally liable for all obligations arising from the bid and the third party shall be bound by your bidding as his agent in the same way as if he were bidding personally, even if the terms of the Conditions of Sale are not known by such third party. You shall be responsible for informing your principal of the terms of the Conditions of Sale.
2b. To assist the progress of the sale, all intending buyers are asked to collect a bidding card before the commencement of selling. The numbered card may be used to indicate your bids to the auctioneer during the sale. Should you be the successful buyer of any lot, please ensure that your bid card can be seen by the auctioneer and that it is your number that is called out. Should there be any doubt as to price or buyer, please draw the auctioneer's attention to it immediately. All lots sold will be invoiced to the name and address given against the issue of the numbered bid cards. Please do not mislay your bid card, in the event of loss, inform the sales clerk. At the end of the sale please return your bid card to the reception desk. This system does not apply to commission/order bidders. For bidding on our 'online' auctions, please consult our website zwiggelaarauctions.nl
3. The person who makes the highest bid accepted by the auctioneer shall be the Buyer. The striking of the auctioneer's hammer marks the acceptance of the highest bid and identifies the Hammer Price at which the lot is knocked down by the auctioneer to the Buyer.
The auctioneer shall have absolute discretion to settle any dispute. The auctioneer reserves the right to split up or combine lots, as well as refuse bids at his own discretion.
4. All goods are in good condition, unless stated otherwise. Should any item in this catalogue prove defective, the item may be returned, provided this is done within one week after the sale. This guarantee does not cover lots indicated as 'w.a.f'.
If we sell a lot which subsequently proves to be a counterfeit, we shall set aside the sale and refund to you any amount paid by you to us in connection with the lot in the currency of the original sale.
This, however, shall only be available on condition that, no later than four (4) weeks after the date of the sale, you:
a. notify us in writing of the number of the lot, the date of the auction at which it was purchased and the reasons why you consider the lot to be counterfeit, of any information causing you to question the authenticity or attribution of the lot coming to your attention;
b. are able to transfer good title to us free from any third party claims arising after the date of the sale to you;
c. return the lot to us in the same condition as at the date of sale, provided that, in any event, no refund will be available, if either:
1. the lot is in accordance with the catalogue and/or on our online website description or as amended by the auctioneer by public announcement at the time of the auction, either orally or in writing;
2. the catalogue and/or on our online website description at the date of the sale was in accordance with the generally accepted opinions of scholars and experts at that time or the catalogue and/or on our online website description indicated that there was a conflict of such opinions;
3. the only method of establishing that the lot was a counterfeit at the date of publication of the catalogue and/or on our online website was by means of processes which either were not generally accepted for use until after the publication of the catalogue and/or on our online website or else were unreasonably expensive or impractical or likely to have caused damage to the lot or likely, in our reasonable opinion, to have caused loss of value to the lot. An item shall be considered counterfeit where, in our reasonable opinion, it is a deliberate modern forgery, i.e. an imitation created since 1870 with the intention of deceiving as to authorship, origin, date, age, period, culture or source (where the correct description of such matters is not reflected by the description in the catalogue and/or on our online website) and which, at the date of sale, had a value materially less than it would have had if the item had been in accordance with the description in the catalogue and/or on our online website. No lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repainting or over painting).
It is our general policy, and we shall have the right to request the Buyer to obtain at the Buyer's cost the reports of two independent and recognized experts in the field, mutually acceptable to the Buyer and to us, setting out the reasons why the lot in question is considered to be a counterfeit and Zwiggelaar Auctions agree that they will give due consideration to any such expert reports. However, Zwiggelaar Auctions reserve the right to seek additional independent advice itself in making its final determination as to whether the lot is a counterfeit and we shall not be bound by any expert report produced by the Buyer.
If we agree with the Buyer that the lot is a counterfeit, we shall refund to the Buyer the costs of obtaining two independent expert reports incurred by the Buyer provided that:
a. such costs were approved by us in advance of obtaining such reports;
b. the Buyer could not reasonably have obtained independent opinions prior to the sale. The benefit of this guarantee is not capable of being transferred and is solely for the benefit of the Buyer.
5. Prospective purchasers prevented from attending the sale personally can be represented by the auctioneer free of charge.
6. Goods auctioned are usually of some age. All goods are sold with all faults and imperfections and errors of description. Illustrations in catalogues and/or on our online website are for identification only. The absence of any reference to the condition of any lot does not imply that the lot is in good condition or free from faults, imperfections or restorations. Zwiggelaar Auctions are pleased to give a condition report in writing on request.
You should also note that we have not tested any electrical or mechanical goods prior to the sale (whether in respect of their ability to function, their safety of operation or otherwise) and you are solely responsible for testing such goods before using them. Accordingly, as regards any lot in which you are interested, you undertake:
a. to inspect and satisfy yourself prior to the sale as to the condition and description of the lot;
b. to rely on your own judgment as to whether the lot accords with its description;
c. to seek any independent expert advice reasonable (in the light of your particular expertise and the value of the lot) to satisfy yourself as to authorship, attribution, authenticity, genuineness, origin, date, age, provenance or condition of the lot;
d. not to rely on any illustration in any catalogue and/or on our online website.
To assist you, we may refer in a catalogue and/or on our online website to particular faults and/or imperfections, but any such guidance which we provide does not purport to be exhaustive. You will be deemed to have know ledge of all matters which you could reasonably have been expected to find out given your particular expertise and the exercise by you of reasonable due diligence.
6. Prices are in euros. The bidding will start at the lowest price indicated for each item.
7. All books must be paid for within two weeks after having received the invoice. If the buyer fails to pay within two weeks, the auctioneer shall be entitled to exercise one of the following rights: A. Proceed for damages for breach of contract B. rescind the sale of that or any lots sold to the buyer and re-sell the lot or lots whereupon the defaulting buyer shall pay to the auctioneer any shortfall between the proceeds of that sale after deduction of costs of re-sale and the total sum due.
Transfer of risk
Any lot purchased is entirely at your risk from the earlier of:
a. the time you collect the lot purchased;
b. the time that you pay us the Total Amount Due for the lot;
c. three (3) working days after the last day of the sale.
You shall be solely responsible for insuring the lot purchased from the time risk passes to you. You will be compensated for any loss or damage to the lot which occurs after sale but prior to the time risk passes to you. The maximum amount of compensation shall be the Hammer Price of the lot plus the Buyer's Premium received by Zwiggelaar Auctions, and shall exclude any indirect or consequential loss or damage. However, we will not, in any circumstances, be liable for any loss or damage caused to frames or to glass which is covering prints, paintings or other works unless the frame or glass itself is, in itself, the object sold at auction.
If you do not collect a purchased lot within five (5) working days after the sale, we may arrange storage of the lot at your risk and expense.
8. Video images
At some auctions, there will be a video screen in operation for the convenience of both Buyers and Sellers. Errors may occur in the operation of the video screen. We cannot accept responsibility either for the quality of the image produced on the video screen, nor for the correspondence of the screen image to the original.
9. VAT Information for Buyers
Since October 2012 purchasers of items imported from countries outside the EU are subject to VAT of 21% on the sale price (hammer price plus premium).
Zwiggelaar Auctions will charge nil (0) percent VAT on these lots if the buyer fulfills the following conditions:
- the purchaser is registered for VAT in another EU country and his VAT number is known to Zwiggelaar Auctions;
- the purchaser signs a statement that the lots are being transported to his country of residence. Purchasers from countries outside the EU who provide customs certified proof of direct export of these items within 30 days of purchase, can be refunded the VAT. Receipts must be returned to Zwiggelaar Auctions within 2 months of purchase. Non-EU residents will be required to provide either a certified document of exportation or certified documentation from the country of importation.
10. Packing and handling
The packing and handling of lots is entirely at your risk and expense and we shall not, in any circumstances, be responsible for any acts or omissions of packers or shippers.
11. Export
The export of any lot from the Netherlands or import into any other country may be subject to one or more export or import licenses being granted. It is the Buyer's responsibility to obtain any relevant export or import license. The denial of any export or import license required or any delay in the obtaining of such license shall not justify the rescission or cancellation of the sale by you or any delay by you in making payment of the Total Amount Due for the lot
12. Remedies for non-payment
If the Total Amount Due is not paid in accordance with condition 7, we shall, in our discretion and without prejudice to any other rights which we and the Seller may have, be entitled, both for ourselves and as agent for the Seller, to exercise any or more of the following rights or remedies:
a. cancel the sale of the lot in which case you shall be liable for any damages that we may suffer. Damages will in any case be equal to the Total Amount Due plus any Expenses;
b. apply any payments made by you to us as part of the total Amount Due or otherwise towards any costs incurred in connection with the (re)sale of the lot;
c. arrange and carry out a resale of the lot by public auction, on our online website or on a private sale in mitigation of the debt owed by you to us;
d. exercise a lien over any of your property which is in our possession for any reason, until payment of all outstanding amounts due to us have been made in full;
e. charge you the Seller's and our reasonable legal and administrative costs incurred and set off any amounts owed by us to you against any amounts you owe to us, whether as to the results of any proceeds of sale or otherwise;
f. charge you interest on all outstanding amounts at a rate of the base rate 1% (one per cent) per month;
g. insure, remove and store the lot either at our premises or elsewhere at your sole risk and expense;
h. reject any bids made by you or on your behalf at any future auction or require you to make a deposit with us before accepting any such bids.
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