Conditions of Sale
1. Zisska & Lacher GmbH & Co. KG (hereinafter referred to as 'the
Auctioneer') acts as commission agent, in its own name and for
the account of its clients (sellers), whose identity is not disclosed.
The instructions of consignors, who are numbered in brackets
(consignor number) at the end of each catalogue description, form
the basis of sales. The Auctioneer's property is indicated separately
(1). The sale is voluntary.
2. The prices after each lot are denominated in EURO and are estimates,
not reserves.
3. The Auctioneer reserves the right to combine any two or more
lots, to divide any lot, to offer any lot for sale in an order different
from that given in the catalogue or to withdraw any lot or lots
from the sale. The Auctioneer shall be entitled to refuse bids
unless suitable proof of identity, security or references shall have
been provided by the bidder prior to the auction.
4. All lots put up for sale may be viewed and inspected prior to the
auction. Lots auctioned are used goods and their condition is
commensurate with their age, usage and provenance although
this condition is not always mentioned in the catalogue. The
descriptions in the catalogue, which are given to the best of The
Auctioneer's knowledge and belief, do not constitute guarantees
in the legal sense. In Lots containing a German-English twolanguage
description, the English text is merely an additional
information. For the complete description of the state of a lot,
exclusively relevant is always only the German text. The Auctioneer
assumes no liability for faults or defects, in so far as he has
fulfilled his duty of care. The Buyer is required to give the Auctioneer
written notice of all complaints without delay; at the latest,
however, within three weeks of the date of the auction. Should
the demands be successful, the Auctioneer will reduce or reimburse
the purchase price (including buyer's premium) accordingly;
all further claims are excluded. There is no right of complaint
in the case of individual items from combined or mixed lots [Konvolute],
periodicals, serial publications, complete editions in several
volumes and any lots with the indication "nicht kollationiert"
[not collated] or "ohne Rückgaberecht" [not subject to return].
5. Legal note within the meaning of Sections 86 and 184 of the German
Criminal Code/StGB: Where the Auctioneer offers goods for
sale that are liable to be abused for the dissemination of National
Socialist-related ideology and/or material relating to child pornography,
such goods are offered on the absolute condition that
each and every bidder undertakes, on submitting a bid or bids
for any such goods, to acquire and/or employ these goods purely
and solely for purposes of an unobjectionable scientific and/or
research nature within the terms of the German Criminal Code,
should a bid be successful.
6. Bidding generally starts at 50 % of the estimate. Bids are raised by
increments of 5 % to 10 %. The Auctioneer can deviate from this
rule in individual situations. A lot will be knocked down to the
highest bidder after three calls. The Auctioneer may refuse any
bids, or knock down a lot subject to reservation. If two or more
persons bid the same amount simultaneously and no overbid has
been made after three calls, the successful bidder shall be drawn
by lot. The Auctioneer may rescind a decision and put the lot up
again for sale if a higher bid made in time has been in advertently
overlooked, or if the highest bidder wishes to revoke his bid, or
if the decision is open to other doubt.
7. Agents acting on behalf of a third party assume full liability for
the fulfilment of contract on behalf of their principals. If the catalogue
number and the author/short title or reference for identification
differ, the short title will stand for the bid. All damages
and losses incurred by unclear bidding instructions are the
bidder's responsibility. For bids duly received and not executed
due to obvious negligence on the Auctioneer's part, the Auctioneer's
liability is limited to the estimate amount. The Auctioneer
accepts no liability for the execution of absentee bids sent in less
than 24 hours before the auction opens or during the auction
itself. All bids are regarded as the maximum hammer price. The
buyer's premium and statutory VAT are added to these prices
separately.
8. From the fall of the hammer, every lot shall become the full re -
sponsibility of and be at the sole risk of the Buyer, while ownership
of the lot or lots shall not pass to the Buyer until full payment
has been received by the Auctioneer.
9. A buyer's premium of 28 % including statutory VAT is levied on
the hammer price (margin scheme), without separate indication
of the VAT amount. Where estimates of lots are preceded by *R,
a premium of 20 % is levied on the hammer price, plus statutory
VAT on the sum of the hammer price and the buyer's premium at
the lower rate of 7 %. Where estimates are marked ** the statutory
VAT is at the current rate of 19 %. Dealers tax-resident in Germany
who are entitled to deduct VAT on lots offered in the catalogue
may request that standard taxation is applied to their
auction purchases. Buyers resident in third (i.e. non-European
Union) countries are exempted from VAT if purchases are dispatched
by the auction house to their registered address or if official
proof of export is received by the Auctioneer within a period
of four weeks. Dealers whose businesses are registered in the EU
are exempted from VAT provided that they quote their verifiable
VAT Registration Number (BTW, IVA; TVA) when submitting
absentee or online bids, or when registering to bid. Payments in
foreign currency will be converted at the rate of exchange prevailing
on the day of payment. Costs of shipping, packing, insurance
and bank charges are at the Buyer's expense.
10. Buyers of original works of art and photographies will be charged
with 2 % of the hammer price as a contribution to federal resale
rights taxes (§26 UrHG).
11. Buyers pay the fees for hammer prices generated via internet
(portal ZISSKA & LACHER 2%, Invaluable 3% at present).
12. Immediately upon purchase the Buyer shall pay the final price in
cash or by authorized bank cheque. Buyers bear all expenses
arising from the method of payment chosen by them. Payments
by Buyers who have submitted absentee bids or who have bid by
telephone shall be due within 14 days of the date of the invoice.
13. In default of payment, the Auctioneer will charge interest on the
outstanding amount at the rate of 1% per month or part month.
Furthermore, if the Buyer defaults in payment, the Auctioneer
may, at his discretion, insist on performance of the contract or, if
the Buyer has not paid by the date set, claim damages for nonperformance;
in the latter case, the Auctioneer may claim the
damages by putting the lot or lots up again for auction and charging
the defaulting Buyer with the difference between the price
bid by him/her and the price realized on the resale, if this is
lower, plus the cost of the resale, including the Auctioneer's costs.
14. Buyers shall take charge of their lots immediately after the auction.
Shipping instructions shall be given in writing. Shipping, if required,
will be effected at the sole expense and risk of the Buyer.
Prints will be shipped unmatted and unframed, unless specifically
requested by the Buyer immediately after purchasing.
15. By placing a bid either in writing or in person, the Buyer agrees
to be bound by these Conditions of Sale. This shall also apply to
after-auction purchases.
16. Place of performance and jurisdiction for registered trade deal -
ings is Munich. German law applies exclusively; the UN-Treaty
(CISG) is explicitly excluded.
17. Should any provision herein be wholly or partly ineffective, this
shall not affect the validity of the remaining provisions.
18. These Conditions of Sale are available in both German and English.
The German-language version shall without exception be the
authoritative version, in particular with regard to the interpretation
of statutory terms and catalogue descriptions.
Munich, 10/01/2017
ZISSKA & LACHER Buch- und Kunstauktionshaus GmbH & Co. KG
Premium
9. A buyer's premium of 28 % including statutory VAT is levied on
the hammer price (margin scheme), without separate indication
of the VAT amount. Where estimates of lots are preceded by *R,
a premium of 20 % is levied on the hammer price, plus statutory
VAT on the sum of the hammer price and the buyer's premium at
the lower rate of 7 %. Where estimates are marked ** the statutory
VAT is at the current rate of 19 %. Dealers tax-resident in Germany
who are entitled to deduct VAT on lots offered in the catalogue
may request that standard taxation is applied to their
auction purchases. Buyers resident in third (i.e. non-European
Union) countries are exempted from VAT if purchases are dispatched
by the auction house to their registered address or if official
proof of export is received by the Auctioneer within a period
of four weeks. Dealers whose businesses are registered in the EU
are exempted from VAT provided that they quote their verifiable
VAT Registration Number (BTW, IVA; TVA) when submitting
absentee or online bids, or when registering to bid. Payments in
foreign currency will be converted at the rate of exchange prevailing
on the day of payment. Costs of shipping, packing, insurance
and bank charges are at the Buyer's expense.
10. Buyers of original works of art and photographies will be charged
with 2 % of the hammer price as a contribution to federal resale
rights taxes (§26 UrHG).
11. Buyers pay the fees for hammer prices generated via internet
(portal ZISSKA & LACHER 2%, Invaluable 3% at present).
Payment
12. Immediately upon purchase the Buyer shall pay the final price in
cash or by authorized bank cheque. Buyers bear all expenses
arising from the method of payment chosen by them. Payments
by Buyers who have submitted absentee bids or who have bid by
telephone shall be due within 14 days of the date of the invoice.
13. In default of payment, the Auctioneer will charge interest on the
outstanding amount at the rate of 1% per month or part month.
Furthermore, if the Buyer defaults in payment, the Auctioneer
may, at his discretion, insist on performance of the contract or, if
the Buyer has not paid by the date set, claim damages for nonperformance;
in the latter case, the Auctioneer may claim the
damages by putting the lot or lots up again for auction and charging
the defaulting Buyer with the difference between the price
bid by him/her and the price realized on the resale, if this is
lower, plus the cost of the resale, including the Auctioneer's costs.
