TERMS OF SALE AND BIDS
TERMS OF SALE AND BIDS
The sale will be conducted in Euros (€).
Purchasers pay in addition to the hammer price, a buyer's premium from 0 to € 500 000: 25,20% (21 % + VAT).
For amounts superior to € 500 000: 19% (15,83% + VAT).
Lots from outside the EEC: (indentified by an*). In addition to the commissions and taxes indicated above, an additional import VAT will be charged (7% of the hammer price, 20% for jewelry).
For any member of the EEC, non assembled stones are liable to VAT 20%.
The auctioneer is bound by the indications in the catalogue, modified only by eventual announcements made at the time of the sale noted into the legal records thereof. Prospective bidders should inspect the property before bidding to determine its condition, size, and wether or not it has been repaired, restored or repainted. Exhibitions prior to the sale at Marc-Arthur KOHN SARL or on the sale point permits buyers to establish the condition of the works offered for sale, and therefore no claims will be accepted after the fall of the hammer. Pictures may differ from actual product.
BIDS
Biddings will be in accordance with the lot numbers listed in the catalogue or as announced by the auctioneer, and will be in increments determined by the auctioneer. The highest and last bidder will be the purchaser. Should the auctioneer recognize two simultaneous bids on an object, the lot will be put up for sale again and all those present in the sale room may participate in this second opportunity to bid.
ABSENTEE BIDS AND TELEPHONE BIDS
If you wish to make a bid in writing or a telephone bid, we have to receive no later than two days before the sale your instructions accompanied by your bank references. In the event of identical bids, the earliest will take precedence. Telephone bids are a free service designed for clients unable to be present at an auction. Marc-Arthur KOHN SARL cannot be held responsible for any problems due to technical difficulties.
COLLECTION OF PURCHASES
If payment is made by cheque or by wire transfer, lots cannot be withdrawn until the payment has been cleared. From the moment the hammer falls, sold items will become the exclusive responsibility of the buyer. The buyer will be solely responsible for the insurance. Marc-Arthur KOHN SARL assumes no liability for any damage to items. Buyers at Marc-Arthur KOHN SARL are requested to confirm with Marc-Arthur KOHN SARL before withdrawing their purchases. Kohn has several storage warehouses. An export licence can take four or six weeks to process, although this time may be significantly reduced depending upon how promptly the buyer supplies the necessary information to Marc-Arthur KOHN SARL.
Law and jurisdiction :
These Conditions of purchase are governed by french law exclusively.
Any dispute shall be submitted to the exclusive jurisdiction of the Courts of Paris.
For variety of reasons Marc-Arthur KOHN SARL reserves the right to record all telephone calls during the auction. Such records shall be kept until complete payement of the auction price, except claims.
Toutes les conversations téléphoniques sont susceptibles d'être enregistrées.
Premium
The sale will be conducted in Euros (€).
Purchasers pay in addition to the hammer price, a buyer's premium from 0 to € 500 000: 25,20% (21 % + VAT).
For amounts superior to € 500 000: 19% (15,83% + VAT).
Lots from outside the EEC: (indentified by an*). In addition to the commissions and taxes indicated above, an additional import VAT will be charged (7% of the hammer price, 20% for jewelry).
For any member of the EEC, non assembled stones are liable to VAT 20%.
The auctioneer is bound by the indications in the catalogue, modified only by eventual announcements made at the time of the sale noted into the legal records thereof. Prospective bidders should inspect the property before bidding to determine its condition, size, and wether or not it has been repaired, restored or repainted. Exhibitions prior to the sale at Marc-Arthur KOHN SARL or on the sale point permits buyers to establish the condition of the works offered for sale, and therefore no claims will be accepted after the fall of the hammer. Pictures may differ from actual product.
Garanties
All items sold as-is with no guarantees of any kind.
-The Buyer:
The buyer shall be highest bidder acceptable to the auctioneer, whose bid is at the hammer price. Any dispute arising in relation to same shall be settled at the auctioneer's sole discretion. Bidders will be assumed to acting as principal in the transaction unless specific instructions are provided detailing otherwise. As such, all bidders are liable in a personal capacity for the total amount due, irrespective of agency agreements. BEST INTERNATIONAL AUCTION contract as agents for sellers whose identity, for reasons of confidentiality, is generally not disclosed. Accordingly, buyers are reminded that the primary contract is between the buyer and the seller, with BEST INTERNATIONAL AUCTION acting as agent for the seller.
-Inspection:
Ample opportunity is given for inspection. Each purchaser, by making a bid for a lot, acknowledges that he or she is fully satisfied before bidding, by physical inspection or otherwise, as to the description, condition, and other information relating to the lot. Despite all efforts being made to ensure accurate descriptions and estimates, lots purchased are assumed to have been viewed and inspected. As such, all lots are sold with all faults and errors of description, at the buyers risk. The Auctioneers are not responsible for the correct description, genuineness, authenticity or any default or defect in any lot, and make no warranty in this respect. Estimates reflect a range of values, the lower of which usually represents the reserve price. Buyers are reminded that estimates are merely the opinion of the auctioneer, are subject to change and are in no sense definitive.
- Payment:
All lots purchased are subject to a 15% + VAT buyer's premium. By bidding, all prospective purchasers agree in advance to pay this premium on the hammer price. Buyers attending the auction are encouraged to pay for lots purchased on the day of sale. Unless otherwise agreed in writing prior to the auction, the buyer of a lot shall pay to the auctioneer within five working days the total amount due. Notwithstanding this, the auctioneer may at its sole discretion, require a buyer to pay a deposit of up to 25% of the total amount due at the conclusion of the auction. The auctioneer may apply any payments received by a buyer towards any sums owing from that buyer to the auctioneer on any account, regardless of directions given by the buyer in that regard, whether express or implied. Payment methods include cash, Euro bank draft, cheque drawn on the buyer's Irish bank account, EFT (subject to applicable bank charges), debit card and credit card (subject to 3% surcharge for Mastercard & Visa and 5% surcharge for American Express). Under no circumstances can the Auctioneers accept third party cheques either in full or part payment of any lot. Non-payment by a buyer may result in any of the following actions:
- proceedings against the buyer for damages for breach of contract.
- recission of sale.
- resale of the lot(s) without notice, after which the buyer shall be responsible for any resulting deficiency in the total amount due.
- removal, storage and insurance of the lot(s) at the buyer's expense.
- interest may be charged, commencing after five working days from the sale date, on the outstanding debt at a rate 1% above the Bank of Ireland base interest rate on the day of purchase.
- retention of lot(s) purchased at Mealy's until the outstanding balance is settled in full
- rejection of all future requests for bidding by the buyer or his/her agent.
- application of proceeds of sale of items consigned to Mealy's by the buyer in settlement of outstanding balances.
-Reservation of Title & Risk:
Title in an item or items purchased will not pass to the buyer until BEST INTERNATIONAL AUCTION have received payment in full, not with standing possession. However, each lot remains the sole risk of the purchaser from the fall of the hammer.
-Collection, Removal & Dispatch of Goods:
Collection & removal of items purchased is at the buyer's risk and expense from the fall of the hammer and is available from our offices for five working days after the sale. No purchase shall be claimed or removed until the sale has been concluded, i.e. purchasers cannot collect items while an auction is in progress. Collection can only take place during normal regular hours. Mealy's shall not be responsible for lost, stolen, damaged or destroyed lots, if not collected within the allotted time frame. All lots not removed are subject to the minimum warehousing charges outlined below. Lots not removed within thirty days of the sale may be re-sold by auction or private sale without notice to the buyer. Any liability which there may be on the part of the Auctioneer, in respect of any loss, shall be restricted to a maximum of the price paid by the purchaser of the lot. Storage and warehousing charges: Please note that there will be no charge to purchasers who collect their lots within five working days of the sale. After five working days has passed, a transfer and administration charge of $20.00 per lot will be payable and a storage charge of $2.00 per lot per day will then come into effect. These charges are payable by the purchaser to BEST INTERNATIONAL AUCTION and are subject to VAT. House Clearance & Specialised Sales: the charges outlined above relate to our regular gallery sales. House Clearance sales and other specialised sales are subject to higher removal and storage charges that will be notified to buyers where relevant. Buyers should confirm the storage and warehousing charges for such sales in advance of bidding. If any buyer fails to comply with any of the above conditions, the damage recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the warehousing charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the auctioneer against the defaulters liability and may be appropriated in settlement of the liability.NB. Mealy's do not offer packing or dispatch services. We strongly recommend that all bidders consult a professional shipping company. A list of approved service providers is available on request.
-Auction Displays and Online Images
Images are used to display items for Sale at Auction. This service is merely a reminder to the customer of items viewed previously during exhibition days. We do not guarantee the quality or condition of the item viewed, the accuracy of the display image or guarantee the item on display is the item being sold. Subsequent disputes arising as a result of such image displays will not be entertained.
-Disputes & Agency
In the event of any dispute arising in relation to any of the foregoing, the matter shall be referred to an Independent Arbitrator to be agreed between the relevant parties. As auctioneers, we generally contract as agents for sellers whose identity, for confidentiality reasons, is not normally disclosed. Accordingly, a buyer's primary contract is with the seller.
-Third Party Liability
All members of the public that enter on our premises at any time, for whatever reason do so at their at their own risk. Inaddition, BEST INTERNATIONAL AUCTION will not be responsible for any damage or loss caused to vehicles parked in the vicinity of our premises.
By participating in our sales, all bidders and buyers acknowledge that they have read the above terms and agree to be bound by our conditions of sale
Inspection
Ample opportunity is given for inspection. Each purchaser, by making a bid for a lot, acknowledges that he or she is fully satisfied before bidding, by physical inspection or otherwise, as to the description, condition, and other information relating to the lot. Despite all efforts being made to ensure accurate descriptions and estimates, lots purchased are assumed to have been viewed and inspected. As such, all lots are sold with all faults and errors of description, at the buyers risk. The Auctioneers are not responsible for the correct description, genuineness, authenticity or any default or defect in any lot, and make no warranty in this respect. Estimates reflect a range of values, the lower of which usually represents the reserve price. Buyers are reminded that estimates are merely the opinion of the auctioneer, are subject to change and are in no sense definitive.
Buyers Premium & Taxes
All lots purchased are subject to a 15% + VAT buyer's premium
-Payment
Payment methods include cash, Euro bank draft, cheque drawn on the buyer's Irish bank account, EFT (subject to applicable bank charges), debit card and credit card (subject to 3% surcharge for Mastercard & Visa and 5% surcharge for American Express). Under no circumstances can the Auctioneers accept third party cheques either in full or part payment of any lot.
ALL SPORTS MEMORABILIA WILL BE SOLD AS IS WHERE IS, WE ARE NOT RESPONSIBLE FOR THE AUTHENTICITY OF ANY SIGNATURES
Shipping:
Best International Auction will ship the items at Buyer's expense. Items will be brought to local carrier, shipping cost will be charge at actual rate of the carrier. Insurance is buyer's option.
COD - WOULD BE FOR LOCAL PICK UP ONLY.
USPS, UPS, Fedex
