Terms & Conditions
Terms and conditions of auction
1. Preamble; principles
The auction is conducted on behalf, in the name and for the account of the consignor.
The auction currency is the Swiss franc CHF; the sale is awarded to the highest bidder accepted by the auctioneer.
The auction item will only be handed over to the successful bidder in return for cash payment in Swiss currency, unconditionally guaranteed bank cheque, or in certain circumstances against an equivalent payment method to be determined by the auctioneer; other cheques or bank transfers by means of payment orders require confirmation on the part of the bank before handover of the auction item.
See sub-sections 6.1./6.2. below for the payment and collection terms and conditions.
Ownership is only transferred to the successful bidder on full payment of the invoice; the risk, subject to sub-section 8.7. below, with the award of sale.
2??Bids
Bids are accepted in Swiss francs in person at the auction or as written or telephone bids.
- Bids in person in the auction room are to be made by clear gesture; bidder numbers will not be issued.
- Written bids must be submitted at least 24 hours before the auction date concerned; bids for less than half of the upper estimated price will not be accepted.
- Telephone bids must be registered in writing at least 2 days in advance of the relevant auction day; they will be accepted from the upper estimated price of CHF 500.00.
- Potential purchasers who intend to place their bids in the course of an Online Auction via the internet may participate in the auction once their registration applications have been approved by the auctioneer. The auctioneer reserves the right to decline registration applications at its discretion. If the winning bid is placed in the course of an internet live online auction, there will be an additional 3% added to the surcharge.
Any liability on the part of the auctioneer for failure to take account of written bids or registered telephone/electronic bids is explicitly excluded.
Any submission of a bid constitutes a binding offer which cannot be withdrawn; the bidder shall remain bound by his bid until it is either overbid or declined by the auctioneer.
In the event of a double bid, an objection is to be lodged immediately, in which case, the auction/bidding process will be recommenced at once; in the absence of a higher bid, the result shall be decided by drawing lots. In the event of identical bids from present and absent bidders, the sale will be awarded to the written bidder, in the case of telephone bids, to the bidder present in person.
3 ??Acceptance of bid, hammer price, premium, VAT
The acceptance of bid takes place in line with the customary local catalogue price to the highest bid, with the standard auction compensation of max. 10% above the bid below the reserve, in the case of written bids, within the written limits.
A premium on each individual accepted bid is to be paid on the hammer price by all successful bidders; the premium is 22%.
The successful bidder is also required to pay the Swiss value-added tax (VAT) on the premium. In the case of items marked with a *, VAT is payable on the hammer price as well as on the premium.
Successful bidders who are able to produce a legally stamped export declaration will receive a VAT refund.
The successful bidder agrees that the auctioneer shall receive a percentage-based commission according to expenditure from the consignor.
The successful bidder waives any set-off defence against the auctioneer and the consignor.
The consignor acknowledges the auctioneer's debt collection authority and power of attorney in the event of default of payment on the part of the successful bidder.
4 ??Warranty
The items are acquired in the condition they are in at the moment of acceptance of bid. The auctioneer's warranty obligation ceases upon acceptance of bid. No complaints will be considered once the bid has been accepted.
During the preview, interested parties are offered anopportunity which we recommend them to take up of inspecting and verifying the items thoroughly with their own experts.
The catalogue descriptions were drafted to the best of our knowledge and belief and reflect the best information available at the time of drafting the catalogue text. However, no liability is accepted for the information. The authenticity of the pieces, descriptions, eras, silver hallmarks and other markings, signatures and dates, materials, stone quality, condition and any repairs as well as dimensions and weights are to be checked by the interested parties.
Any liability for defects in title and quality or liability for damages arising from contract law is explicitly excluded.
The experts' opinions enclosed with the items or obtained by the auctioneer serve purely as statements of opinion for which all liability is explicitly excluded.
Verbal or written statements of any kind do not constitute specific assurances.
The prices given are non-binding estimates for the auction.
5??Proof of identity; agency
Any bidders present who are not known to the auctioneer are required to provide proof of identity to the auction management by means of an official identity document prior to the auction session, at the very latest at the time of acceptance of bid.
The successful bidder is personally responsible for his bid and may not claim to have bought on behalf, in the name or for the account of a third party. The agent is jointly and severally liable with his principal for fulfilment of the obligations. Bidders present in person acting on behalf of third parties are requested to inform the auction management clearly at the time of acceptance of bid at the very latest.
The auctioneer is entitled to demand that accepted bids be acknowledged in writing.
6 ??Payment and collection terms; delayed payment and collection
6.1.??After expiry of the time allowed for payment (see box below) default interest will be charged at the rate of 1% per month from the final date for collection.
If the successful bidder fails to make full payment in a timely manner, he shall be liable to reimburse the auctioneer and consignor for any resulting losses.
The defaulting bidder is in all cases liable to pay the premium arising from the cancellation of an accepted bid and the consignor commission lost by the auctioneer.
The auctioneer is entitled, at his discretion, to insist on fulfilment of the purchase contract or to demand compensation on grounds of non-fulfilment; he can at any time declare the successful bidder's rights null and void, cancel the accepted bid, and add such items to a later auction without reserve; in this case, the successful bidder is liable to make up the shortfall and has no claim in respect of any additional proceeds.
6.2.??After expiry of the deadline for collection on the final day for collection (see box below), uncollected items are placed in internal or external storage at the expense and risk of the successful bidder, namely with the company Christ Umzüge GmbH, Murtenstrasse 85, 3008 Bern.
This measure will be taken without further reminder of any kind, normally no later than 30 days after the final day for collection.
The successful bidder is required to register the collection in advance with Christ and
- provide Christ with evidence that the auction invoice has been paid in full
and
- pay the transport and storage charges as well as the insurance charges levied by Christ, concurrently and in cash, in accordance with the scale of charges or Christ's general terms and conditions of business, which are deemed to have been accepted by the successful bidder in advance.
6.2.??Where possible, items can be handed over on the day of the auction, otherwise during the official days for collection (see box below).
7 ??Handover of the items, packaging, shipment
The auctioneer does not get involved with the loading of furniture and heavy objects.
The items are handed over unpackaged.
Packaging material (paper, carrier bags) is available.
The auctioneer will accept written orders for packaging and shipment and places them with a third party at the successful bidder's expense and risk.
Fragile items will not be shipped.
8 ??Other rights and obligations of the auctioneer
The auctioneer reserves the following rights:
8.1.??to combine or separate, omit or add lots in the catalogue, to offer them out of sequence as well as to accept a bid for one or individual catalogue lots subject to the overall catalogue price, to accept a bid without sale or withdraw it from sale;
8.2.??to declare the acceptance of bids in the existence of special conditions "only subject to reservation"; in this case the successful bidder remains bound to his bid in the absence of a written declaration to the contrary by the auctioneer within 10 days;
8.3.??to reject bids or disallow accepted bids without giving reason, in particular because of infringement of the terms and conditions of auction;
8.4.??to publish auction results in anonymised form alongside pictures (for example artnet, artprice, Kunstmarkt) and to use them for advertising purposes;
8.5.??to sue those who may be responsible for damage to items during preview, auction and delivery days;
8.6.??to call in a notary or attorney practicing in the Canton of Bern for prompt and definite settlement of disputes on the validity of bids and accepted bids as well as on the auction procedure and to prepare a written summary of the results;
8.7.??the auctioneer guarantees the successful bidder that he will take the greatest possible care of the purchased items from the time of acceptance of the bid up to and including the final collection day, subject to force majeure. The amount guaranteed is limited to the invoiced and paid amount.
9 ??Applicable law; place of fulfilment and court of jurisdiction
9.1.??Changes to the terms and conditions of auction are only valid if made in writing. The German version of the terms and conditions of auction shall be authoritative.
9.2.??Swiss law shall be applied exclusively.
9.3.??Place of fulfilment and exclusive court of jurisdiction for all parties, including consignors, shall be the domicile of the auction house, Bern (Switzerland).
With each verbal or written bid submitted, the bidder / successful bidder acknowledges the above-mentioned points of the terms and conditions of auction; they also apply analogously in the case of any acceptances of bid subject to reservation or any post-auction sales.
Bern, version date November 2016 Galerie Jürg Stuker AG (Auction house)
