Conditions of Sale
TERMS OF SALE
1 - Introduction
These general conditions regulate the sale at auction and/or private negotiations of the lots transferred to the Aste Bolaffi - Archaion s.r.l. auction house (hereinafter "Aste Bolaffi"). Lots put up for auction are the property of the consignors, who have guaranteed their complete availability and legitimate and legal provenance. Aste Bolaffi acts exclusively as a representative of the individual consignors, in its own name and on their behalf. The consignor guarantees the authenticity of each lot offered in the catalogue, without hidden defects unless otherwise stated in the catalogue and/or by the auctioneer. Any indication of the state of preservation of the lots is not to be considered binding.
2 - Images
The copyright in all images, illustrations and written material produced by or for Aste Bolaffi relating to a lot or to a specific contents of this catalogue, is and shall remain at all times the property of Aste Bolaffi and shall not be used by the buyer, nor by anyone else, without Aste Bolaffi prior written consent.
3 - Participation in the saleroom
Aste Bolaffi reserves the right to request information from the participants in the bidding as regards their identity and bank references, as well as the right to refuse undesirable elements entry to the saleroom. If the participant is acting in the name and on behalf of another physical or legal person, a valid power of attorney must be exhibited prior to the auction.
4 - Participation by correspondence, telephone link, online
By signing and submitting the special forms, the participant agrees to participate in the auction referred to and undertakes to pay the purchase price hammered if his/her offer(s) should be successful. The participant also takes responsibility for ascertaining, after the auction, whether his/her offer has been successful, relieving Aste Bolaffi of any liability in that respect. Claims due to negligence or error in filling out written offers by mail will not be accepted. Aste Bolaffi has no liability toward those who participate in the auction by telephone link and/or online in case of failure to participate due to possible problems that may occur during or prior to the telephone and/or internet connection.
5 - Bids
Lots are awarded to the highest bidder. Aste Bolaffi -reserves the right to cancel the award in case of possible contestations. No bids will be accepted for any lot below its starting price. No "without limit" bids, or "upon examination" bids or bids which combine two or more lots will be accepted. The starting price is the price indicated as the base price, unless different, higher offers have been received, in which case the starting price will be that of the increment subsequent to the next to last offer. (In case of identical commission bids, the first to arrive will receive precedence, and in any case these take precedence over equal offers made in the saleroom). The size of increments will be regulated at the auctioneer's discretion. The minimum increment will be €25. The auctioneer reserves the right to withdraw, add, group or divide lots, as well as the right to refuse a bid in the saleroom or a commission bid.
6 - Purchase price
A commission in favor of Aste Bolaffi will be charged to the buyer, in addition to the hammer price, as follows:
Numismatic and philatelic auctions: The Buyer shall pay a premium of 20% on the hammer price (the price at which a lot is knocked down) V.A.T. included.
All other auctions: The Buyer shall pay the following premium on the hammer price:
Lots hammered from €10.00 to 50,000.00 25%
Lots hammered from €50,001.00 to 200,000.00 22%
Lots hammered from €200,001.00 20%
For lots purchased online in any auction an additional commission of 1.5% will be applied.
7 - Lots with additional vat ?
Lots with ? symbol are invoiced differently and have a different buyer's premium on hammer price (for regular lots see paragraph 6)
Hammer price will be increased by:
1. Buyer's premium of 18%
2. VAT on hammer price at the following rates:
books 4%
stamps 10%
all other categories 22%
3. VAT payable at 22% on buyer's premium
VAT REFUNDS
Private clients residing outside Europe may obtain a refund of the VAT at the rate indicated in paragraph 7.2 on the hammer price by presenting an official document (customs form) that proves that the goods will leave the European Union within 90 days of delivery. Non-resident clients required to pay VAT, who reside in other EU countries or outside the EU, may request a refund of the VAT at the rate indicated in paragraph 7.2 on the hammer price, as well as of the VAT at 22% calculated on the auction commissions, by presenting an official document (CMR or customs form) proving that the goods will leave Italy or the European Union within 90 days of delivery. In case of shipment of the goods outside Italy by the auction house, the refundable VAT as detailed above will not be included in the invoice.
8 - Lots being sold under Temporary Importation rules ?
The symbol ? after a lot number indicates that it is sold in accordance with the Temporary Importation procedure. The billing is done according to the following rules, depending on the type of buyer :
Private buyer resident in Italy or in an E.U. country and buyer subject to VAT in Italy
- Buyer's premium of 20%
- Vat payable at 10% on the hammer price
- VAT payable at 22% on buyer's premium
Private buyer resident in a country outside the E.U.
- Buyer's premium of 20%
- VAT payable at 22% on buyer's premium
- Any import costs of the respective country of residence
Buyer subject to VAT in an E.U. country other than Italy and outside the E.U:
- Buyer's premium of 20%
- Any import costs of the respective country of residence outside the E.U.
Lots purchases according to the rules of Temporary Importation ? cannot be withdrawn directly by the buyer, but will have to be shipped, after closing the Temporary Importation process, by the auction house.
9 - Payment
Upon sale of a lot, if present in the saleroom, the buyer shall pay the purchase price promptly to Aste Bolaffi on delivery of the lot. If bidding via telephone, written form, or online, the purchase price shall be paid within 7 days of receipt of the invoice. Payments may be made in cash, within the limits established by law, by certified and/or personal check or credit card. Payments will not be accepted from parties other than the buyer. Interest will be charged on delayed payments at the rate of 0.5% monthly, subject to variation, on all amounts not paid within the regular terms.
Aste Bolaffi may grant possible extensions of payment terms on the basis of agreements which will have to be formalized, in any case, prior to the auction. If the buyer fails to make payment within thirty (30) days end of month payment term, the auction house shall be entitled to rescind the sale in accordance with the art. 1456 of the Civil Code by giving written prior notice to the purchaser, with reserve of any further right and action for compensation for any damages arising from non-fulfilment. Any amount paid by the purchaser as part of the total price prior to the cancellation of the sale will be applied by the auction house as a compensation in accordance to the art. 1526 of the Civil Code, with reserve of any further damages.
10 - Storage and Shipment
Until the full price has been paid and until delivery, lots are held in storage on the premises of Aste Bolaffi and insured with adequate coverage at the expense of Aste Bolaffi. On request, after payment has been made, lots can be shipped by insured parcel post at the risk and expense of the buyer. The possible export duties are also for the account of the buyer.
11 - Exportation of lots
Custom duties and export costs are for the account of the buyer. Requests to issue certification of free circulation for export, in accordance with the legislative provisions in force on the subject, must be made to the appropriate government offices by the auction house on behalf of the buyer. The buyer is required to pay the expenses on receipt of the invoice. Approximately 10/12 weeks are necessary to obtain authorization for export.
Lots imported according to the rules of Temporary Importation ? are not covered by the relative provisions of Italian law concerning the cultural heritage. For this reason it will not be necessary to issue certification of free circulation. The lots cannot be withdrawn by the buyers, but will have to be shipped by the auction house.
12 - Condition reports
The lots are sold "as is". Catalogue descriptions as well as any other indication or illustration regarding the lots, are purely statements of opinion and are not to be relied upon as statements of warranty. Potential buyers are encouraged to inspect the lots in person or through a knowledgeable representative during the pre-auction viewing in order to assess their authenticity, preservation, provenance, quality and any defects. On request and for guidance only, Aste Bolaffi provides condition reports that can add more information to the catalogue descriptions.
Rare books and autographs auction: The buyer shall not be entitled to dispute any damage to bindings, foxing, wormholes, trimmed pages or plates or any other defect affecting the integrity of the text and /or its illustration including: indexes of plates, blank pages, insertions, supplements and addictions subsequent to the date of publications of the work. No refund will be considered for books not described in the catalogue.
Poster auction:
• Condition A Poster in very fine condition. Colors are fresh; no paper loss. Some slight defect or tear but very marginal. A+: wonderful example of a poster rarely seen in such fine condition. A-: some slight dirt, fold, tear or other minor restoration.
• Condition B Poster in good condition. Some slight paper loss, but not in the image or in any important area. If some restoration it is not immediately evident. Lines and colors good, paper may have yellowed. B+: poster in very good condition. B-: in fairly good condition.
• Condition C Poster in fair condition. The light-staining may be more pronounced, restorations, folds or flaking are more readily visible, and possibly some minor paper loss occurs. The poster is otherwise intact, the image clear, and the colors still faithful to the artist's intent.
• Condition D Poster in bad condition. A large part of such poster may be missing, including some important image area; colors
13 - Extensions/Expertise
The auctioneer shall have the right at his absolute discretion to accept or refuse any request for certifications of authenticity . It should be noted, however, that extensions are not accepted for lots if the description in the catalogue mentions that they are accompanied by photographic certification. We further specify that any concession of extensions/expert appraisals does not alter the terms of payment detailed in section 8.
14 - Catalogues
Numismatic auction: Classifications refer to the following catalogues:
Bol. (Bolaffi Catalogue of coins and banknotes - Kingdom of Sardinia, Kingdom of Italy, and Italian Republic), Bol. Vat. (Bolaffi catalogue of city of Vatican coins) Bab. (Babelon), Bartolotti, Biaggi, Bohering Calciati, Casolari, B.M.C. (British Museum Catalogue), Ciani, C.N.I. (Corpus Nummorum Italicorum), Cra. (Crapanzano/Giulianini), Cra. Vol. II (Crapanzano/Giulianini vol. II), Crawf. (Crawford), Coh. (Cohen), Crippa, Dav. (Davenport), Di Giulio, D.O.C. (Dumbarton Oaks Collection), Friedb. (Friedberg), Gad. (Gadoury), Galeotti, Gig. (Gigante), Gav. (Gavello 1996) Guadàn, Gulbenkian, Haeb. (Haeberlin) Heiss, Herzfelder, Jenkins e Lewis, Krause, Mesio, Müller, Mont. (Montenegro), Mont. Ve. (Montenegro Venezia), Muntoni, M.zu.A. (Miller zu Aicholds), Pag. (Pagani), Pozzi, Rav. (Ravegnani Morosini), R.I.C. (Roman Imperial Coinage), Rizzo, Seaby, Sears, Schl. (Schlumberger), Sim. Simonetti.
Philatelic auction: Catalogue numbers and values indicated at the end of each description refer to the following catalogues: Bolaffi and Sassone for Italy and Italian Area: Yvert Tellier and Catalogo Unificato for Europe and Yvert Tellier and Stanley Gibbons for all other countries. Other references are specifically quoted.
15 - Catalogue Terms
Furniture and painting auction:
Guido Reni: in our opinion a work by the artist
Guido Reni (Attribuito-attributed): in our opinion probably a work by the artist in whole or in part
Guido Reni (Bottega- studio): in our opinion a work executed in the studio or workshop of the artist, but by an unknown artist
Guido Reni (Cerchia-circle of): in our opinion a work of an unknown artist made during the life of the artist.
Guido Reni (Seguace-follower): in our opinion a work of an unknown artist, not necessary his scholar, also executed much recently.
Guido Reni (Stile-style): in our opinion a work by a painter working in the artist style, contemporary or nearly contemporary.
Guido Reni (Maniera o scuola-manner or school): in our opinion a work executed in the artist style by an unknown artist influenced by him also in a much later period.
Da Guido Reni (from Guido Reni): in our opinion a copy of a known work of the artist.
Firmato/Datato/Iscritto (Signed/Dated/Inscribed): in our opinion the work has been signed/dated/inscribed by the artist.
Reca firma/reca data/reca iscrizione (With signature/with date/with) inscription): in our opinion the signature/date/inscription appears to be by a hand other than that of the artist. Aste Bolaffi reserves the right to express its own opinion with regard to the author, attribution, origin, dating and condition of the lots in the catalogue. It is, in any case, an opinion and is not to be considered an expert judgment by any means.
Philatelic auction:
K mint
L hinged
I without gum
D cancelled
N piece
O front cover
A cover
Numismatic Auction:
Ac (Acmonital) Ae (Bronze) Ag (Silver) Al (Aluminum) An (Antimony) Au (Gold) Ba (Bronzital) Cn (Nickel-copper) Cu (Copper) El (Electro) It (Italma) M.b. (White metal) Ma (Silver plated metal) Md (Gilded metal) Mi (Mixture) Ni (Nickel) Ott. (Brass) Pb (Lead) Pe (Pewter) Pl (Platinum) Sn (Tin) Zn (Zinc)
16 - Cultural Heritage codes
Any lots that may be subject to communication for the start of the procedure for the declaration of their cultural interest pursuant to article 14 and thereafter of Legislative Decree no. 42/2004, the grantors and buyers are required to comply with the relative provisions in force and, in that case, Aste Bolaffi at its exclusive discretion, may proceed with a temporary award of the lot.
17 - Resale royalties "Droit de Suite"
Legal obligations concerning the "Droit de Suite" (D.lgs. 118 of 13/02/06) are accomplished by Aste Bolaffi
18 - Conditional sale
The lots are sold by the auction house with conditional sale in accordance to art. 1523 of the Civil Code and therefore the buyer will not acquire title to the lots until the full payment of the purchase price. The risk of deterioration and of damage of the lots will pass to the buyer upon delivery of the lots. The delivery of the lots will only occur upon the full payment of the purchase price.
19 - Claims
Aste Bolaffi will consider only those claims regarding disputes over authenticity of lots, the existence of serious flaws or concealed defects and/or the non-conformity of the lot purchased to that described in the auction catalogue and available for pre-auction viewing. In this connection, defects that the buyer should have been aware of at the time of purchase will not be considered defects of conformity as the buyer, having had the opportunity to view the lot in the catalogue or during its showing prior to sale, could not have failed to observe it making use of ordinary diligence. Possible claims should be sent by registered letter within 15 (fifteen) calendar days:
(i) from the date of the delivery of the lot following the auction, in the case of purchases by persons present in the saleroom, including those represented by agents, commission agents or intermediaries;
(ii) from the date of the receipt of the lot delivered by courier, in the case of purchases by offers via correspondence or by telephone or online;
Claims are not accepted in any case:
(a) pertaining to flaws or defects expressly described in the catalogue and easily discernable in photographs of the lot during the pre-auction viewing;
(b) pertaining to multiple lots such as collections or accumulations of any kind;
(c) pertaining to assorted lots of stamps or coins not described individually;
(d) pertaining to lots explicitly described in the auction catalogue as "to be examined";
(e) pertaining to the state of conservation of lots, the evaluation of such state being subjective and sales subject to the clause "as seen and found acceptable";
(f) pertaining to flaws and defects attributable to the purchase's actions subsequent to delivery of the lot.
(g) After 60 days have passed from the auction date.
Aste Bolaffi will respond in writing to the claim within 60 days of receipt.
Aste Bolaffi will honor claims only when the lot is judged by two experts named by each party to be unauthentic, affected by serious flaws or hidden defects and/or not conforming to the description in the auction catalogue. In such cases the purchaser will be refunded only with the amount corresponding to the purchase and to the shipping cost. Any other refund or reimbursement is expressly excluded, except in case of fraud or serious negligence.
BY SUBMITTING A PURCHASE ORDER OR BIDDING IN THE SALEROOM, THE BUYER FULLY ACCEPTS ALL THE CONDITIONS OF SALE DETAILED ABOVE. THE TURIN COURT HAS JURISDICTION FOR ANY DISPUTE.
Contract
DEPOSITS/BUYER PREMIUM: Bidders participating ONLINE must register with a valid credit card at the time of registration online. Nellis Auction, in its sole discretion, reserves the right to require additional deposits from buyers making large dollar amounts of purchases. Nellis Auction, in its sole discretion, reserves the right to restrict the bidding limit of any online buyers making large dollar amounts on purchases. Deposits are refunded if no purchase is made, otherwise it will be applied to the bidders invoice. There will be a 15% buyer's premium on all purchases at the live auction and State Sales tax is added to all purchases. Deposits for individuals who do not pay for their auction purchases will not be refunded.
AS IS / ALL SALES ARE FINAL: There are no returns or exchanges. All items are sold as is, where is, with all faults, imperfections, etc. All merchandise is sold with no warranty of any kind, including without limitation, any implied warranty of merchantability or fitness for use. No verbal statement of any Nellis Auction employee can create any warranty. Nellis Auction does not grade or authenticate any merchandise. Neither Nellis Auction nor the auctioneer is responsible for any errors or omissions in the description. Verifying the condition and description of an item is the sole responsibility of the bidder prior to placing any bids. The one and only warranty given by Nellis Auction is that a stone represented on the lot tag and catalog description as a diamond is a diamond; no warranty extends to the grade or quality of any diamond. Title to the merchandise and risk of loss passes to the Buyer when the Auctioneer pronounces the lot sold. Nellis Auction is not responsible for any loss or damage to Buyers merchandise after the lot is pronounced sold.
TERMS OF SALE: Payment for purchases must be made by debit card, cash, certified check, wire transfer or credit card (Visa/MasterCard/Discover) on the day of the sale. Payments can be made by phone by calling the Nellis Auction office at 702-531-1300 during normal business hours or buyers can pay their invoice at the physical auction site, during time of pickup. If unexpected large purchases are made and you are unable to pay your bill in full on the day of the sale, a deposit of 20% or $500 (whichever is greater) will be required to hold your purchases until 4:30PM on September 5th, 2015, by which time the balance should be paid in full. Items not fully paid for before 4:30PM on September 5th, 2015 will be considered abandoned and deposit forfeited. Exceptions require approval from the auction office. Credit card payments that are charged back will automatically preclude the purchaser from any future auctions.
RECEIPT: Buyers will be furnished a receipt at the completion of the auction. This receipt must be authenticated by a Nellis Auction Representative for check-out before collection and removal from Nellis Auction. Removal of items during the auction will be allowed only with the assistance of an authorized Nellis Auction Representative and only if the representative determines that the removal will not interfere with the remainder of the auction proceedings. Once items purchased are collected by the auction agents, they will be presented to the Buyer for verification at the designated pickup areas. It is the responsibility of the Buyer to make sure that all items purchased are accounted for.
REMOVAL: Auction removal will be available September 5th, 2015 from 9:00AM to 4:30PM. Merchandise MUST be removed from the premise located at 2710 Grand Forks Road Henderson, Nevada 89052. Merchandise becomes the full responsibility of the buyer at the time of purchase and buyer assumes all risk of loss and damage to property. All consigner and buyer merchandise in the current auction may only remain on the sale premises until 4:30PM on September 5th, 2015. Purchased lots not claimed before 4:30PM on September 5th, 2015 will be considered abandoned and any payments made on the lots will be forfeited, and will become the property of Nellis Auction.
DISPUTES BETWEEN BIDDERS OR WITH AUCTIONEER: The Auctioneer will designate the purchaser of each item at the close of the bidding. The Auctioneer reserves the right to re-open bidding on any lots at his discretion and can do so for any reason.The Auctioneer reserves the right to reject any bid at any time in its sole and unlimited discretion. The decision of the Auctioneer is final.
RESERVES: Auctioneer and/or any consignor reserve the right to bid on any auction lot. Unless otherwise explicitly published to the contrary, all lots are subject to a reserve price. Auctioneer may act to protect the reserve by bidding in the auction for its own or its consigner's account. Auctioneer may open the bid and continue to bid either by placing consecutive bids or by placing bids in response to other bidders.
CHILDREN: All children must be attended at all times by their parents or guardians. Any property damage resulting from a child under the bidder's care will be chargeable to the bidder. Repeated negligence of children will preclude the bidder from future auctions.
INJURY AND DAMAGE WAIVER: Bidders and consignors, for themselves and for others accompanying them for purposes of attending a public auction absolutely waive and agree to hold Nellis Auction harmless from any liability for any injury or damage except any such damage or injury arising from gross negligence on the part of Nellis Auction.
