Conditions of Sale
Terms of Sale
1. The Auction is voluntary and takes place on the basis of the Vendor's instructions. It is undertaken by us in our own name for the account of third parties. At the back of the Catalogue you will find the list of Consignors.
2. The terms of payment are cash payment in EURO. Invoice is due upon receipt within fortnight. Public institutions and libraries are granted four weeks credit.
3. Bidding commences at approximately two thirds of the estimate, when a higher reserve price has not been set by the Vendor. Bidding will not start below 2/3rds of the estimate. Bids are raised by 10% in each instance. Lots are knocked down to the highest Bidder if no higher bid is received after three times of asking. In the case of two equal bids, the Buyer is determined by drawing lots. If a difference of opinion regarding a hammer price cannot be resolved at once, the lot in question will be resubmitted for auction immediately.
4. The Auctioneer reserves the right to auction lots out of sequence, to split lots, to combine separate lots, to withdraw lots, and to knock down conditionally. He is entitled to reject bids, either written or verbal, where appropriate security or satisfactory references have not been supplied prior to the Auction. The Auctioneer shall also have the right to submit bids on behalf of the Consignor until a reserve agreed with the Consignor is met and - if necessary - knock down the work of art stating the lot number given in the Catalogue to the Consignor; in such case the work of art shall remain unsold.
5. The Value Added Tax of currently 16% will be added to the hammer price. 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. Such works will be charged an extra fee of 4% (current charge, change possible) of hammer price by VG Bild-Kunst, who represent acc. § 26 UrhG the copyrights of artists. Buyers from third countries (i.e. outside the European Union) are not liable to VAT and Trade Buyers from EU-countries who have VAT Identification Number, registered with us before the sale, will be freed from VAT for all trade purposes if the mailing of the goods is handled by us. All other EU-Buyers are liable to VAT. If the goods are picked personally by the Buyer VAT will be charged. Invoices issued during or immediately after the Auction are temporary and are subject to later control.
5 a. Live bidding through auction platforms will be oncharged with additional 3 - 5 % auction platform fee.
5 b. The auctioneer does not assume any liability or guarantee for the permanent and trouble-free availability and use of the websites, the internet and telephone connection. During the auction, the auctioneer will make every reasonable effort to reach the telephone bidder at the telephone number provided by him and thus give him the opportunity to bid by telephone. The auctioneer is not responsible for the fact that he cannot reach the telephone bidder at the number given by him, or that there are disturbances in the connection.
6. The Buyer is liable for acceptance of the goods and for payment. Agents are jointly and severally liable with their principals. Ownership only passes to the Buyer when full payment has been received. The Buyer, however, immediately assumes all risks when the goods are knocked down to him.
7. The auctioned goods will only be handed over after payment has been made. Storage and dispatch are at the expense of the buyer; the costs for dispatch, packaging and transport insurance are charged with the total invoice. Any shipment of auctioned goods at the request of the buyer shall be at the buyer's risk and peril. Due to the risk of breakage, framed graphics will only be shipped with glass and frame at the express request and risk of the buyer. The auction house will try to claim any shipping damage from the carrier for the customer if possible. After delivery, the buyer, who is an entrepreneur, must immediately examine the items for damage and report this to the transport company; later claims for non-hidden damage are excluded. If the transport company or the transport insurance refuses to settle the claim, Jeschke van Vliet is not obliged to refund this amount to the buyer. In case of default of payment, the Auction House will charge default interest at the usual bank interest rate, but at least the legal default interest rate according to §§ 288, 247 BGB (German Civil Code), without prejudice to further claims for damages - which also include legal costs. Otherwise, the auctioneer may, in the event of default of payment, choose to demand fulfilment of the purchase contract or, after setting a deadline, compensation for damages due to non-performance. In this case, the compensation can also be calculated in such a way that the item is offered again in a new auction and the defaulting buyer, whose rights from the previous purchase expire and who is not admitted to a further bid, has to pay for the possible lower proceeds compared to the previous auction and for the costs of the new auction including the fees of the auction house; he has no claim to possible additional proceeds.
8. All items to be auctioned can be inspected and examined prior to the auction at the specified times at the specified pre-visit locations. The objects are second-hand. The condition, unless otherwise stated, is good and appropriate to the age. Descriptions in the Catalogue are neither assured conditions as defined by § 434, sect. 1 BGB, new wording, nor an assured guarantee as defined by § 443, sect. 1 BGB, new wording. The Auctioneer is not liable for defects as far as he observed due care incumbent on him for description of objects to be auctioned. Traces of previous ownership (Book-plates, signatures, stamps) as well as signs of fair wear and tear (missing clasps, yellowing paper) are not necessarily specifically mentioned. No claims will be accepted in respect of these and they are usually (but not necessarily) included in the Catalogue with the indication of not collated items such as collections (Sammlungen, Konvolute) and "oRR./Waf." (ohne Reklamationsrecht / sold with all faults).
9. after acceptance of the bid, no objections can be made to the attribution or the state of preservation; complaints regarding the completeness of the consignment must be made in writing to the auctioneer within 5 days of receipt of the consignment. Complaints made up to 5 weeks after the end of the auction will be dealt with as far as possible by way of goodwill. In the case of justified complaints regarding completeness made at a later date, the auctioneer agrees to assert warranty claims against the consignor within the limitation period of 12 months after acceptance of the bid. In the event of a successful claim against the Consignor, the Auctioneer will reimburse the buyer for the purchase price paid; any further claims are excluded. A withdrawal of the auctioned item requires in any case that it is in unchanged condition since the auction.
10. bids can be made before the auction in written form or by e-mail. They will be used by the auctioneer only to the extent necessary to outbid other bids.
11. Jeschke · van Vliet will execute written bids for the Buyer at no charge. Telephone, telegraphic, faxed and Internet bids must be confirmed in writing or through online platforms. For absentee/written bids the Buyer authorizes the auctioneer to execute his bids. For telephone bidding during the Auction a staff member will execute the Buyers bids as advised on the telephone. For Post Auction Sales the Buyer will relay his limit price orders for unsold lots either in writing or per telephone. In aforementioned cases the rules for distant selling contracts (§§ 312b-312d BGB) do not apply. The Auctioneer accepts no liability of any nature for bids received later than 24 hours before the commencement of or during the Auction; for bids duly received and through negligence not carried out only to the extent of the estimate. Errors in transmission and postal delays are at the Buyer's risk.
12. The place of fulfillment and jurisdiction is Berlin, Mitte. German law applies exclusively. The provisions of International Business law are expressly excluded.
13. Should one or the other of the above conditions become wholly or partly ineffective, the validity of the remainder remains unaffected.
By making a bid, either verbally or written in, the Bidder confirms that he has taken note of the Terms of Sale by Auction and accepts these. In the event of dispute the German version of the above Terms of Sale is valid. The same applies to all Catalogue descriptions.
The Auctioneer: Hans-Joachim Jeschke November 2020
Taxes
The Value Added Tax of currently 16% will be added to the hammer price. 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. Such works will be charged an extra fee of 4% (current charge, change possible) of hammer price by VG Bild-Kunst, who represent acc. § 26 UrhG the copyrights of artists. Buyers from third countries (i.e. outside the European Union) are not liable to VAT and Trade Buyers from EU-countries who have VAT Identification Number, registered with us before the sale, will be freed from VAT for all trade purposes if the mailing of the goods is handled by us. All other EU-Buyers are liable to VAT. If the goods are picked personally by the Buyer VAT will be charged. Invoices issued during or immediately after the Auction are temporary and are subject to later control.
