Terms & Conditions
Terms of Auction
§ 1) The auction shall be carried out in accordance with the provisions of the
rules of procedure of AMADEUS AUKTIONSHAUS GmbH, Naglergasse 27/2,
1010 Vienna (hereinafter referred to as the company) as well as in accordance
with sections 244-246 of the Gewerbeordnung [Industrial Code] of 1994. The
auction shall be carried out on commission. The auctioneer shall be entitled to
withdraw lots exceptionally, to conduct out the auction deviating from the order
of the catalogue numbers and to offer lots jointly. In the event of any dispute
concerning a double bid or if the auctioneer has missed a bid, the auctioneer
shall be entitled to revoke acceptance of a bid and to continue auctioning off
the item. The figures attached to the text shall be the expected last and highest
bid in EURO (€) from the respective expert. As a rule, the bid shall be increased
by 10% of the last bid. (See list of the bidding increments).
§ 2) The acceptance of a bid shall be granted to the highest bidder unless a
seller's reserve price has been agreed with the consignor. Such a seller's reservation
(also referred to as limit) shall be the minimum price limit below which particular
lots shall not be sold during the auction. This limit shall be disclosed upon
request and may not exceed the lower estimated price. If a limit (seller's reserve
price) is not achieved, the bid of the highest bidder shall be accepted subject to
reservations only. In this case, the highest bidder shall be bound to its highest
bid for a period of 8 (eight) working days. If the highest bid from the highest
bidder is not finally accepted within this period of time, its binding commitment
to this bid shall expire. In order for the final acceptance of the bid to become effective,
it is sufficient to send a corresponding notification to the address named
by the highest bidder within the stated period of 8 working days.
§ 3) All items shall be subject to differential taxation. A uniform surcharge of
12% plus the value added tax applicable to the surcharge to the amount of
20% shall be added to the achieved highest bid (final and highest bid). Thus
the surcharge shall be 14.40% of the final and highest bid in total, including the
Austrian tax.
§ 4) The auction buyer must pay the purchase price immediately upon acceptance
of the bid (final and highest bid plus 12% surcharge, plus the value added
tax applicable to the surcharge to the amount of 20%). However, the company
may grant the auction buyer a respite for the payment of the purchase price in
whole or in part in individual cases. If a respite is refused, the acceptance of the
bid may be revoked and the item may be reoffered . In the event of revocation
of the acceptance of the bid, the company shall be entitled to accept the last bid
from the underbidder.
§ 5) In the event of respite in whole or in part, the company shall be entitled to
charge default interest (12% p.a.) as well as storage charges (1.4% of the final
and highest bid per month commenced) after 14 days upon acceptance of the
bid. The item purchased at auction shall be handed over exclusively upon full
payment of the purchase price including all costs and charges accrued since the
acceptance of the bid.
§ 6) The buyer can take acquired items in possession, as far as possible, immediately
or after the end of the auction. Items which have been fully paid for, shall
be handed over in our show rooms at JUL. HÜGLER KUNST & ANTIQUITÄTEN
GmbH, Dorotheergasse 12, 1010 Vienna, or shall be sent upon request at the
buyer's expense covering insurance and delivery. If a deferred purchase price is
not paid within the set period, the company shall be entitled to auction the item
again in order to recoup its claim from the defaulting auction buyer In this case,
the defaulting auction buyer shall be liable to the company due to the reauction
as well as for any default interest and storage charges.
§ 7) The company shall be entitled to a lien on all items of the buyer irrespective
of whether the buyer bought them within the scope of an auction or in free
sale or the company secured ownership of these items otherwise. This lien shall
serve to secure all current and future, qualified, limited and unmatured claims
to which the company is entitled and which result from all legal transactions
concluded with the buyer.
§ 8) The items received for auction will be exhibited and may be viewed prior
to the auction. In doing so, the company shall give everyone the opportunity to
check the nature and the condition of the exhibited items to the extent deemed
possible within the scope of the exhibition. Every bidder shall be deemed to act
on its own behalf unless it provides a written confirmation saying that it acts
as a representative of a well-known principal. The company may refuse bids;
this shall particularly apply if a bidder who is unknown to the company or with
whom the company has no business connections yet does not provide security
by the beginning of the auction at the latest. However, in principle there shall be
no claim to accept a bid. If a bid has been refused, the previous bid shall remain
effective.
§ 9) The company's experts evaluate and describe the items received for auction
and determine the starting prices unless otherwise stated in the catalogue or
expert opinion. The information concerning production technique or material,
state of preservation, origin, design and age of an item is based on published or
otherwise generally accessible (scientific) findings concluded by the company's
experts with the necessary care and accuracy. The company shall warrant to the
buyer that properties are correctly provided and that any possible complaints
referring to this are made within four weeks upon their taking into possession.
Subsequent complaints shall be excluded in principle. The company shall not
be liable for any further information in the catalogue and expert opinion as
well. This shall also apply to illustrations in the catalogue. The purpose of these
illustrations is to guide the potential buyer during the preview. They shall not
be authoritative for the condition or the characteristics of the pictured item.
The catalogue and the expert opinions shall only mention defects and damage
affecting the artistic or commercial value significantly. Complaints concerning
the price shall be excluded upon acceptance of the bid. The company reserves
the right to amend catalogue information prior to the auction. These amendments
shall be made either by a written notice at the place of auction or orally
by the auctioneer immediately prior to offering o' the respective item. In this
case, the company shall be liable for the amendment only. All items offered may
be checked prior to the auction. These items are used. Any claims for damages
exceeding the liability named above and resulting from other material defects
or other defects of the item shall be excluded. When making the bid, the bidder
confirms that it has seen the item prior to the auction and has made sure that
the item corresponds to the description.
§ 10) If a customer is not able to participate in an auction personally, the
company shall accept purchase orders. These orders may be placed in writing,
via email or fax. In the case of a purchase order placed by phone or orally,
the company shall reserve the right to make the performance dependent on
a confirmation from the principal communicated in writing, via email or fax.
Furthermore, the company shall not be liable for the performance of purchase
orders. Purchase orders with equal top bid limits will be considered in the order
of their receipt. Bids which are only one increment above the starting price shall
be exhausted totally. Bids which do not correspond to the increments determined
by the company (see bidding increments) in tabular form will be rounded
up to the next higher increment. The table of these increments can be sent
upon request. In the case of lots auctioned"without any limits", bids below the
estimated price shall be exhausted totally. The written bid (purchase order) must
include the item stating the catalogue number and the offered top bid limit
which is quoted as the amount of the acceptance of the bid without buyer's
commission and without value added tax. Ambiguities shall be carried by the
bidder. A purchase order which has already been placed may only be cancelled
if the written withdrawal is received by the company at least 72 hours prior to
the beginning of the auction.
§ 11) The company may refuse to process a purchase order without explanation
until offering or make this dependent on payment of a deposit. In the event of
an unsuccessful order, such a deposit will be reimbursed by the company within
5 working days. Processing of purchase orders is free of charge.
§ 12) Every contributor shall in principle be entitled to withdraw the items
offered for auction until the start of the auction. Therefore, it is impossible to
assume liability or to give warranty for the actual offering.
§ 13) Items paid must be collected within 30 days of payment. Items which
have not been collected within 8 (eight) working days after the auction or for
which the company does not receive any proper shipping instructions stating
the type of shipping and the address of dispatch (independent of a possibly
placed purchase order) within 8 (eight) working days after the auction shall
be stored at the owner's risk. Furthermore, the company shall be entitled to
store items which have been purchased at auction and paid but not collected
at the buyer's risk and expense, including the costs for an insurance, with a
forwarding agency. It shall be understood that the provisions concerning the reauctioning
of unpaid and paid but not collected items must also apply to items
not exhibited or stored on the premises of the company. The ownership shall be
transferred the buyer at the time of handing over the delivery note.
§ 14) In the case of mixed lots with a starting price of less than EUR 350.00, the
company shall not warrant for the completeness or correctness of the individual
items within a mixed lot.
§ 15) A registration for a bid by telephone for one or several items shall automatically
represent a bid at the starting price for these items. If the company
cannot reach the bidder by telephone, it will bid on behalf of the bidder by
phone up to the starting price when the respective auction lot is called.
§ 16) In the case of individual auction lots, it may happen that they are delivered
several times. In such a case, the auctioneer may accept a second or third
etc. bid from the underbidder(s). In this case, the text in the catalogue and not
the illustration in the catalogue shall also be exclusively binding with regard to
the warranty (relating to these auction lots).
§ 17) When making a bid, whether personally, in writing or by telephone, the
bidder shall acknowledge these terms of auction as well as the rules of procedure
and the schedule of fees (as amended) of the company.
§ 18) The place of performance of the contract brought about between the
company on the one hand and the seller as well as the buyer on the other
hand shall be the place of business of the company. The legal relationships and
contracts existing between the company, the sellers and the buyers shall be
subject to the Austrian substantive law. The company, the sellers and the buyers
shall agree to settle all disputes resulting from, concerning and in connection
with this contract before the territorially competent court for the first district of
Vienna.
§ 19) The export of art objects from Austria, when indicated, shall require a
permit from the Bundesdenkmalamt [Federal Monuments Office]. In any event,
the company shall orally provide information about art objects for which an
export permit will probably not be granted at the be-ginning of the auction.
§ 20) The company reserves the right to assign to the customer all rights and
obligations resulting from the contractual relationship between the company
and the contributor by a way of a respective declaration, as well to assign to the
contributor all rights and obligations resulting from the contractual relationship
between the company and the customer by way of a respective declaration,
in each case in terms of a complete assignment of contract with the result that
the contractual relationship -- following the submission of the aforementioned
declarations by the company -- shall exclusively be between the contributor
and the customer, which is in accordant nit the basic model of the commission
agreement. Customers and contributors shall already now give their explicit
consent to this contract assignment.
Shipping
For domesticshipping, AMADEUS AUKTIONSHAUS GmbH (hereinafter "the company") charges 15 to approx. 50 euros per item, depending on size and weight. These fees cover the costs of packing and shipping respectively. For bulky or fragile items, postage fees
will be quotedupon request. For personal deliveries
abroad, postage fees will also be
quoted upon request. Following handover of the packaged item to the post office or to another carrier (whose commissioning the customer shall agree to by submitting a purchase order), the goods shall be transported at the risk of the customer. Should the customer so wish, the auctioned goods may be in sured to the value of the purchase price (highest bid and surcharge). Such insurance shall cost 3% of the
purchase price. For purchase prices in excess of 350 euros per auction,
transportation insurance shall be arranged by the Company automatically. Payments due to the Company under the insurance contract shall be credited to the customer and the Company shall also be entitled to assign claims under the insurance contract to the customer, providing the terms of the insurance contract do not prevent this. In any case, the Company shall only be required to make payment to the customer
specifically once payment has effectively been received from the insurance company.
