Live bidding may start higher or lower
Buyer's Premium
€0 - 250,000:31.0%
€250,001+:28.0%
Bidding Increments
From: | To: | Increment: |
---|
€0 | €299 | €20 |
€300 | €329 | €30 |
€330 | €349 | €20 |
€350 | €379 | €30 |
€380 | €399 | €20 |
€400 | €429 | €30 |
€430 | €449 | €20 |
€450 | €479 | €30 |
€480 | €499 | €20 |
€500 | €999 | €50 |
€1,000 | €1,999 | €100 |
€2,000 | €2,999 | €200 |
€3,000 | €3,299 | €300 |
€3,300 | €3,499 | €200 |
€3,500 | €3,799 | €300 |
€3,800 | €3,999 | €200 |
€4,000 | €4,299 | €300 |
€4,300 | €4,499 | €200 |
€4,500 | €4,799 | €300 |
€4,800 | €4,999 | €200 |
€5,000 | €9,999 | €500 |
€10,000 | €19,999 | €1,000 |
€20,000 | €29,999 | €2,000 |
€30,000 | €32,999 | €3,000 |
€33,000 | €34,999 | €2,000 |
€35,000 | €37,999 | €3,000 |
€38,000 | €39,999 | €2,000 |
€40,000 | €42,999 | €3,000 |
€43,000 | €44,999 | €2,000 |
€45,000 | €47,999 | €3,000 |
€48,000 | €49,999 | €2,000 |
€50,000 | €199,999 | €5,000 |
€200,000 | €299,999 | €10,000 |
€300,000+ | | €20,000 |
Conditions of Sale
Contract:
Before bidding online or by proxy at a London Gallery Auctions auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with London Gallery Auctions, LLC.
Any information supplied by any employee or agent of London Gallery Auctions, in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at London Gallery Auctions' auctions.
LONDON GALLERY AUCTIONS PROVIDES NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT ANY LONDON GALLERY AUCTIONS. EACH AND EVERY LOT AT EVERY LONDON GALLERY AUCTIONS IS SOLD "AS IS, WHERE IS." BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT THE LOTS BEFORE PLACING BIDS.
Indemnification
You agree to indemnify, defend and hold harmless London Gallery Auctions, LLC. and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of Online Bidding Services or the www.londongalleryauctions.com web site or your breach of this Agreement.
All lots in the Catalog may be subject to a reserve (a confidential minimum price below which the lot will not ordinarily be sold). We as the Agent for Consignor may place bids during the auction if and when the highest outstanding bid at any time during the sale is below the reserve which may have been established on the lot being offered. Consignors are not allowed to bid on their own property.
Shipping Terms
Chesterfield's Terms & Conditions
Registration: All Buyers must register prior to placing a bid. Registering is accomplished by reading and signing these Conditions of sale.
Buyer Highest Bidder: Buyer that places the highest bid shall have the right and obligation to purchase the item. If disputes arise, the Auctioneer has the absolute discretion to settle them and to re-auction the merchandise if necessary.
All sales are final. No refunds, exchanges, credits or returns will be given or accepted.
Right To Reject Bids: Chesterfield Auctions has the right to refuse any bid, to divide any lot, to combine two or more lots and to withdraw any lots without giving reason.
Reserves: Chesterfield Auctions can set reserves and if the reserve is not met the lot or lots in question can be withdrawn or passed at any time without any further notice. Auctioneer, at his discretion can re auction a passed item. Chesterfield Auctions, Auctioneer and/or its agents reserve the right to bid on any item and set reserves.
Sales Tax: All buyers from the state of California are subject to state sales tax of 9% unless a valid resale number is provided.
Payment of Sale: All payments must be received within 2 business days after the auction. A fee of %1 of the invoice total will be charged per day, every day, that the payment is passed due the allotted 2 business days.
Forms of Payment: Payment is accepted in the form of Visa, MasterCard, American Express, Discover or Bank Wire Transfer
Merchandise: All merchandise will be shipped within two business days after payment is received.
Warranties and Guarantees: ALL ART IS GUARANTEED TO BE GENUINE. ALL JEWELRY IS GUARANTEED TO BE GENUINE. All merchandise will be sold "AS IS," "WHERE IS" and "WITH ALL FAULTS." Chesterfield Auctions does not make and will not make any representation or warranty of any kind whatsoever, whether implied, express or statutory, whether oral or written, regarding the value of any item. Nor does Chesterfield Auctions make any representations as to quality, quantity, fitness or condition, usability, merchantability, salability, weight, measurement, age or year, value, color, origin or composition of merchandise. It is up to Buyer at his, her, or its expense, if desired, to determine the value of the item(s) in question. The Buyer shall not rely upon anyone's opinion of value whatsoever, whether given by the Auctioneer or anyone else, but on the Buyer's own opinion. Any opinions expressed by the auctioneer, or any employees or agents of Chesterfield Auctions are strictly opinions and shall not be relied upon, and are not being relied upon, by Buyer in purchasing any merchandise whatsoever, and any such opinions shall not be binding upon Chesterfield Auctions. Jewelry values are the opinion of the appraiser and not Chesterfield Auctions.
Transfer of Title: Chesterfield Auctions reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the purchaser of the item sold. Title passes upon the fall of the hammer, or when the word "SOLD" is announced. The sale cannot be transferred and constitutes a valid and binding agreement.
Dispute Resolution: By acceptance of the merchandise described above, Buyer agrees that all disputes between the parties, or arising from the relationship between the parties, and all disputes arising from or related to the merchandise included on this invoice, including the scope of this arbitration agreement, shall be resolved by binding arbitration by the American Arbitration Association, under the Code of Procedure/Commercial Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. Information may be obtained and claims may be filed at any office of the American Arbitration Association, provided however that such arbitration and any meetings related thereto shall be conducted in Fulton County, Georgia. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
Entire Agreement: These conditions of sale represents the sole agreement between Chesterfield Auctions and Buyer and constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of these conditions of sale and supersedes all prior and contemporaneous understandings or agreements of the parties. These conditions of sale may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into these conditions of sale, nor is any party relying on any representation, understanding, agreement, commitment or warranty outside those expressly set forth in these conditions of sale.
Integration: These conditions of sale constitutes the entire understanding of the parties and there shall be no modification or waiver of the terms of these conditions of sale except by writing and then signed by both parties.
All items are subject to a confidential minimum price and we implement such minimum price by opening the bid, continuing the bidding or placing bids in response to other bidders, up to the amount of the confidential minimum price.
Limit of Liability: In no event will Chesterfield Auctions be liable for incidental, indirect or consequential damages of any kind. The maximum cumulative liability relative to all other claims and liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured, will not exceed the cost of the products giving rise to the claim or liability. Any action against Chesterfield Auctions must be brought within three (3) months after the cause of action accrues. These disclaimers and limitations of liability will apply regardless of any other contrary provision of the Agreement and regardless of the form of action, whether in contract, tort or otherwise, and further will extend to the benefit of Chesterfield Auctions vendors, appointed distributors and other authorized resellers as third-party beneficiaries. Each provision in the Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
Attorney's Fees: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under these conditions of sale (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these conditions of sale, the prevailing party shall be awarded its reasonable attorney's fees, and expenses incurred.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All merchandise is sold "AS IS," "WHERE IS," and "WITH ALL FAULTS," unless otherwise specifically stated. Chesterfield Auctions its employees and/or agents shall not be held responsible for any errors or omissions in the description of the merchandise. By signing below, Buyer acknowledges that he/she has fully read and agrees to the terms and conditions stated in the Bidding Agreement attached hereto, the terms and conditions of which are incorporated herein by the reference, and authorizes Chesterfield Auctioneers, inc. to process payment for the total amount shown on the invoice.
Shipping Terms
Chesterfield's Terms & Conditions
Registration: All Buyers must register prior to placing a bid. Registering is accomplished by reading and signing these Conditions of sale.
Buyer Highest Bidder: Buyer that places the highest bid shall have the right and obligation to purchase the item. If disputes arise, the Auctioneer has the absolute discretion to settle them and to re-auction the merchandise if necessary.
All sales are final. No refunds, exchanges, credits or returns will be given or accepted.
Right To Reject Bids: Chesterfield Auctions has the right to refuse any bid, to divide any lot, to combine two or more lots and to withdraw any lots without giving reason.
Reserves: Chesterfield Auctions can set reserves and if the reserve is not met the lot or lots in question can be withdrawn or passed at any time without any further notice. Auctioneer, at his discretion can re auction a passed item. Chesterfield Auctions, Auctioneer and/or its agents reserve the right to bid on any item and set reserves.
Sales Tax: All buyers from the state of California are subject to state sales tax of 9% unless a valid resale number is provided.
Payment of Sale: All payments must be received within 2 business days after the auction. A fee of %1 of the invoice total will be charged per day, every day, that the payment is passed due the allotted 2 business days.
Forms of Payment: Payment is accepted in the form of Visa, MasterCard, American Express, Discover or Bank Wire Transfer
Merchandise: All merchandise will be shipped within two business days after payment is received.
Warranties and Guarantees: ALL ART IS GUARANTEED TO BE GENUINE. ALL JEWELRY IS GUARANTEED TO BE GENUINE. All merchandise will be sold "AS IS," "WHERE IS" and "WITH ALL FAULTS." Chesterfield Auctions does not make and will not make any representation or warranty of any kind whatsoever, whether implied, express or statutory, whether oral or written, regarding the value of any item. Nor does Chesterfield Auctions make any representations as to quality, quantity, fitness or condition, usability, merchantability, salability, weight, measurement, age or year, value, color, origin or composition of merchandise. It is up to Buyer at his, her, or its expense, if desired, to determine the value of the item(s) in question. The Buyer shall not rely upon anyone's opinion of value whatsoever, whether given by the Auctioneer or anyone else, but on the Buyer's own opinion. Any opinions expressed by the auctioneer, or any employees or agents of Chesterfield Auctions are strictly opinions and shall not be relied upon, and are not being relied upon, by Buyer in purchasing any merchandise whatsoever, and any such opinions shall not be binding upon Chesterfield Auctions. Jewelry values are the opinion of the appraiser and not Chesterfield Auctions.
Transfer of Title: Chesterfield Auctions reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the purchaser of the item sold. Title passes upon the fall of the hammer, or when the word "SOLD" is announced. The sale cannot be transferred and constitutes a valid and binding agreement.
Dispute Resolution: By acceptance of the merchandise described above, Buyer agrees that all disputes between the parties, or arising from the relationship between the parties, and all disputes arising from or related to the merchandise included on this invoice, including the scope of this arbitration agreement, shall be resolved by binding arbitration by the American Arbitration Association, under the Code of Procedure/Commercial Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. Information may be obtained and claims may be filed at any office of the American Arbitration Association, provided however that such arbitration and any meetings related thereto shall be conducted in Fulton County, Georgia. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
Entire Agreement: These conditions of sale represents the sole agreement between Chesterfield Auctions and Buyer and constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of these conditions of sale and supersedes all prior and contemporaneous understandings or agreements of the parties. These conditions of sale may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into these conditions of sale, nor is any party relying on any representation, understanding, agreement, commitment or warranty outside those expressly set forth in these conditions of sale.
Integration: These conditions of sale constitutes the entire understanding of the parties and there shall be no modification or waiver of the terms of these conditions of sale except by writing and then signed by both parties.
All items are subject to a confidential minimum price and we implement such minimum price by opening the bid, continuing the bidding or placing bids in response to other bidders, up to the amount of the confidential minimum price.
Limit of Liability: In no event will Chesterfield Auctions be liable for incidental, indirect or consequential damages of any kind. The maximum cumulative liability relative to all other claims and liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured, will not exceed the cost of the products giving rise to the claim or liability. Any action against Chesterfield Auctions must be brought within three (3) months after the cause of action accrues. These disclaimers and limitations of liability will apply regardless of any other contrary provision of the Agreement and regardless of the form of action, whether in contract, tort or otherwise, and further will extend to the benefit of Chesterfield Auctions vendors, appointed distributors and other authorized resellers as third-party beneficiaries. Each provision in the Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
Attorney's Fees: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under these conditions of sale (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these conditions of sale, the prevailing party shall be awarded its reasonable attorney's fees, and expenses incurred.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All merchandise is sold "AS IS," "WHERE IS," and "WITH ALL FAULTS," unless otherwise specifically stated. Chesterfield Auctions its employees and/or agents shall not be held responsible for any errors or omissions in the description of the merchandise. By signing below, Buyer acknowledges that he/she has fully read and agrees to the terms and conditions stated in the Bidding Agreement attached hereto, the terms and conditions of which are incorporated herein by the reference, and authorizes Chesterfield Auctioneers, inc. to process payment for the total amount shown on the invoice.
Shipping Terms
Chesterfield's Terms & Conditions
Registration: All Buyers must register prior to placing a bid. Registering is accomplished by reading and signing these Conditions of sale.
Buyer Highest Bidder: Buyer that places the highest bid shall have the right and obligation to purchase the item. If disputes arise, the Auctioneer has the absolute discretion to settle them and to re-auction the merchandise if necessary.
All sales are final. No refunds, exchanges, credits or returns will be given or accepted.
Right To Reject Bids: Chesterfield Auctions has the right to refuse any bid, to divide any lot, to combine two or more lots and to withdraw any lots without giving reason.
Reserves: Chesterfield Auctions can set reserves and if the reserve is not met the lot or lots in question can be withdrawn or passed at any time without any further notice. Auctioneer, at his discretion can re auction a passed item. Chesterfield Auctions, Auctioneer and/or its agents reserve the right to bid on any item and set reserves.
Sales Tax: All buyers from the state of California are subject to state sales tax of 9% unless a valid resale number is provided.
Payment of Sale: All payments must be received within 2 business days after the auction. A fee of %1 of the invoice total will be charged per day, every day, that the payment is passed due the allotted 2 business days.
Forms of Payment: Payment is accepted in the form of Visa, MasterCard, American Express, Discover or Bank Wire Transfer
Merchandise: All merchandise will be shipped within two business days after payment is received.
Warranties and Guarantees: ALL ART IS GUARANTEED TO BE GENUINE. ALL JEWELRY IS GUARANTEED TO BE GENUINE. All merchandise will be sold "AS IS," "WHERE IS" and "WITH ALL FAULTS." Chesterfield Auctions does not make and will not make any representation or warranty of any kind whatsoever, whether implied, express or statutory, whether oral or written, regarding the value of any item. Nor does Chesterfield Auctions make any representations as to quality, quantity, fitness or condition, usability, merchantability, salability, weight, measurement, age or year, value, color, origin or composition of merchandise. It is up to Buyer at his, her, or its expense, if desired, to determine the value of the item(s) in question. The Buyer shall not rely upon anyone's opinion of value whatsoever, whether given by the Auctioneer or anyone else, but on the Buyer's own opinion. Any opinions expressed by the auctioneer, or any employees or agents of Chesterfield Auctions are strictly opinions and shall not be relied upon, and are not being relied upon, by Buyer in purchasing any merchandise whatsoever, and any such opinions shall not be binding upon Chesterfield Auctions. Jewelry values are the opinion of the appraiser and not Chesterfield Auctions.
Transfer of Title: Chesterfield Auctions reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the purchaser of the item sold. Title passes upon the fall of the hammer, or when the word "SOLD" is announced. The sale cannot be transferred and constitutes a valid and binding agreement.
Dispute Resolution: By acceptance of the merchandise described above, Buyer agrees that all disputes between the parties, or arising from the relationship between the parties, and all disputes arising from or related to the merchandise included on this invoice, including the scope of this arbitration agreement, shall be resolved by binding arbitration by the American Arbitration Association, under the Code of Procedure/Commercial Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. Information may be obtained and claims may be filed at any office of the American Arbitration Association, provided however that such arbitration and any meetings related thereto shall be conducted in Fulton County, Georgia. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
Entire Agreement: These conditions of sale represents the sole agreement between Chesterfield Auctions and Buyer and constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of these conditions of sale and supersedes all prior and contemporaneous understandings or agreements of the parties. These conditions of sale may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into these conditions of sale, nor is any party relying on any representation, understanding, agreement, commitment or warranty outside those expressly set forth in these conditions of sale.
Integration: These conditions of sale constitutes the entire understanding of the parties and there shall be no modification or waiver of the terms of these conditions of sale except by writing and then signed by both parties.
All items are subject to a confidential minimum price and we implement such minimum price by opening the bid, continuing the bidding or placing bids in response to other bidders, up to the amount of the confidential minimum price.
Limit of Liability: In no event will Chesterfield Auctions be liable for incidental, indirect or consequential damages of any kind. The maximum cumulative liability relative to all other claims and liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured, will not exceed the cost of the products giving rise to the claim or liability. Any action against Chesterfield Auctions must be brought within three (3) months after the cause of action accrues. These disclaimers and limitations of liability will apply regardless of any other contrary provision of the Agreement and regardless of the form of action, whether in contract, tort or otherwise, and further will extend to the benefit of Chesterfield Auctions vendors, appointed distributors and other authorized resellers as third-party beneficiaries. Each provision in the Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
Attorney's Fees: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under these conditions of sale (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these conditions of sale, the prevailing party shall be awarded its reasonable attorney's fees, and expenses incurred.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All merchandise is sold "AS IS," "WHERE IS," and "WITH ALL FAULTS," unless otherwise specifically stated. Chesterfield Auctions its employees and/or agents shall not be held responsible for any errors or omissions in the description of the merchandise. By signing below, Buyer acknowledges that he/she has fully read and agrees to the terms and conditions stated in the Bidding Agreement attached hereto, the terms and conditions of which are incorporated herein by the reference, and authorizes Chesterfield Auctioneers, inc. to process payment for the total amount shown on the invoice.
Shipping Terms
Chesterfield's Terms & Conditions
Registration: All Buyers must register prior to placing a bid. Registering is accomplished by reading and signing these Conditions of sale.
Buyer Highest Bidder: Buyer that places the highest bid shall have the right and obligation to purchase the item. If disputes arise, the Auctioneer has the absolute discretion to settle them and to re-auction the merchandise if necessary.
All sales are final. No refunds, exchanges, credits or returns will be given or accepted.
Right To Reject Bids: Chesterfield Auctions has the right to refuse any bid, to divide any lot, to combine two or more lots and to withdraw any lots without giving reason.
Reserves: Chesterfield Auctions can set reserves and if the reserve is not met the lot or lots in question can be withdrawn or passed at any time without any further notice. Auctioneer, at his discretion can re auction a passed item. Chesterfield Auctions, Auctioneer and/or its agents reserve the right to bid on any item and set reserves.
Sales Tax: All buyers from the state of California are subject to state sales tax of 9% unless a valid resale number is provided.
Payment of Sale: All payments must be received within 2 business days after the auction. A fee of %1 of the invoice total will be charged per day, every day, that the payment is passed due the allotted 2 business days.
Forms of Payment: Payment is accepted in the form of Visa, MasterCard, American Express, Discover or Bank Wire Transfer
Merchandise: All merchandise will be shipped within two business days after payment is received.
Warranties and Guarantees: ALL ART IS GUARANTEED TO BE GENUINE. ALL JEWELRY IS GUARANTEED TO BE GENUINE. All merchandise will be sold "AS IS," "WHERE IS" and "WITH ALL FAULTS." Chesterfield Auctions does not make and will not make any representation or warranty of any kind whatsoever, whether implied, express or statutory, whether oral or written, regarding the value of any item. Nor does Chesterfield Auctions make any representations as to quality, quantity, fitness or condition, usability, merchantability, salability, weight, measurement, age or year, value, color, origin or composition of merchandise. It is up to Buyer at his, her, or its expense, if desired, to determine the value of the item(s) in question. The Buyer shall not rely upon anyone's opinion of value whatsoever, whether given by the Auctioneer or anyone else, but on the Buyer's own opinion. Any opinions expressed by the auctioneer, or any employees or agents of Chesterfield Auctions are strictly opinions and shall not be relied upon, and are not being relied upon, by Buyer in purchasing any merchandise whatsoever, and any such opinions shall not be binding upon Chesterfield Auctions. Jewelry values are the opinion of the appraiser and not Chesterfield Auctions.
Transfer of Title: Chesterfield Auctions reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the purchaser of the item sold. Title passes upon the fall of the hammer, or when the word "SOLD" is announced. The sale cannot be transferred and constitutes a valid and binding agreement.
Dispute Resolution: By acceptance of the merchandise described above, Buyer agrees that all disputes between the parties, or arising from the relationship between the parties, and all disputes arising from or related to the merchandise included on this invoice, including the scope of this arbitration agreement, shall be resolved by binding arbitration by the American Arbitration Association, under the Code of Procedure/Commercial Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. Information may be obtained and claims may be filed at any office of the American Arbitration Association, provided however that such arbitration and any meetings related thereto shall be conducted in Fulton County, Georgia. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
Entire Agreement: These conditions of sale represents the sole agreement between Chesterfield Auctions and Buyer and constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of these conditions of sale and supersedes all prior and contemporaneous understandings or agreements of the parties. These conditions of sale may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into these conditions of sale, nor is any party relying on any representation, understanding, agreement, commitment or warranty outside those expressly set forth in these conditions of sale.
Integration: These conditions of sale constitutes the entire understanding of the parties and there shall be no modification or waiver of the terms of these conditions of sale except by writing and then signed by both parties.
All items are subject to a confidential minimum price and we implement such minimum price by opening the bid, continuing the bidding or placing bids in response to other bidders, up to the amount of the confidential minimum price.
Limit of Liability: In no event will Chesterfield Auctions be liable for incidental, indirect or consequential damages of any kind. The maximum cumulative liability relative to all other claims and liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured, will not exceed the cost of the products giving rise to the claim or liability. Any action against Chesterfield Auctions must be brought within three (3) months after the cause of action accrues. These disclaimers and limitations of liability will apply regardless of any other contrary provision of the Agreement and regardless of the form of action, whether in contract, tort or otherwise, and further will extend to the benefit of Chesterfield Auctions vendors, appointed distributors and other authorized resellers as third-party beneficiaries. Each provision in the Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
Attorney's Fees: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under these conditions of sale (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these conditions of sale, the prevailing party shall be awarded its reasonable attorney's fees, and expenses incurred.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All merchandise is sold "AS IS," "WHERE IS," and "WITH ALL FAULTS," unless otherwise specifically stated. Chesterfield Auctions its employees and/or agents shall not be held responsible for any errors or omissions in the description of the merchandise. By signing below, Buyer acknowledges that he/she has fully read and agrees to the terms and conditions stated in the Bidding Agreement attached hereto, the terms and conditions of which are incorporated herein by the reference, and authorizes Chesterfield Auctioneers, inc. to process payment for the total amount shown on the invoice.
Payment
5. Purchase Price and Payment
5.1 The buyer shall pay the bid price plus a premium of 28% on the first € 250,000 and a premium of 25% on all sums exceeding this amount. This includes statutory VAT, which will, however, not be listed separately due to the margin scheme as per § 25a UStG (German Sales Tax Act). A premium of 24% on the first € 250,000 of the bid price and of 21% on all sums exceeding this amount shall be levied on items listed in the appendix as subject to standard taxation. Statutory VAT of currently 19% on the total of the bid price and the premium.
5.2 Objects, that have been imported from outside the EU will be sold at auction under Temporary Admission, are listed in the appendix of the printed catalogue. When VAN HAM releases such property to the buyer, he/she will become the importer and must pay VAN HAM's import VAT of currently 7 % to VAN HAM which will be charged as an apportionment on the invoice.
Upon request immediately after the auction the invoice for these objects can be made out with regular taxation and without the apportionment for the import.
5.3 Pursuant to § 26 ss.1 of the German Copyright Act (UrhG), the Seller is obliged to pay the droit de suite (resale rights tax) on the sales proceeds of all original works of art and original photographic works whose creators died less than 70 years before completion of the sale, where such works were sold via VAN HAM. The buyer shall bear a portion of this in the form of a lump-sum charge amounting to:
• 1.5% of the hammer price up to € 200,000
• 0.5% of the hammer price in excess of € 200,001 up to € 350,000
• 0.25% of the hammer price in excess of € 350,001 up to € 500,000
• 0.125% of the hammer price in excess of this price up to five million, up to a maximum of € 6,250.
5.4 For buyers entitled to deduct input tax, the invoice may, upon request (and after prior notification) be made out in line with standard taxation. VAT is not levied on shipments to third countries (i.e. outside the EU) nor on shipments to companies in EU member states, provided the VAT ID number is stated. If participants in an auction transfer purchased items to third countries themselves, they shall be reimbursed for VAT as soon as proof of export and purchase has been provided to VAN HAM.
5.5 Invoices issued during or immediately after an auction must be verified; errors remain excepted to this extent.
5.6 Payment of the total amount due upon acceptance of a bid shall be made in cash or by bank certified cheque. Cheques shall only be accepted on account of performance. Any taxes, costs, transfer or encashment fees (including any bank fees charged to VAN HAM) shall be borne by the buyer. Buyers who participate in the auction in person shall pay the purchase price to VAN HAM immediately after their bid is accepted. Without prejudice to the fact that payment is due immediately, bids made in absentia may be paid within 14 days of the invoice date without being deemed to be in default.
5.7 Auctioned items shall, as a matter of principle, only be handed over after full payment of all amounts owed by the buyer has been received.
Buyers Premium
The buyer shall pay the bid price plus a premium of 28% on the first € 250,000 and a premium of 25% on all sums exceeding this amount. This includes statutory VAT, which will, however, not be listed separately due to the margin scheme as per § 25a UStG (German Sales Tax Act). A premium of 24% on the first € 250,000 of the bid price and of 21% on all sums exceeding this amount shall be levied on items listed in the appendix as subject to standard taxation. Statutory VAT of currently 19% on the total of the bid price and the premium.