152 Auction-Painting

Terms and Conditions By placing a bid personally, in absentia, via e-mail or as a live bidder via internet, the bidder agrees with the following conditions: 1. Auctionhouse Historia (hereafter referred to as HISTORIA) based in Berlin/Germany conducts auctions as agent on account of its clients (=consignors) who remain anonymous. 2. The items which are up for auction are used and in a condition and state of repair that is consistent with their age and provenance. The property is offered and sold in the condition 'as is'. The items are to be inspected personally by the potential buyer during the viewing times prior to the auction. 3. Condition reports are available upon request prior to the sale. Traces of use, handling, and age, defects, restored parts or areas, and supplementations shall be considered as normal for used items and are mentioned at the expert's discretion in the catalogue entries resp. condition reports. The absence of such information shall not imply that an item is free from defects or restoration, nor shall an information of particular defects imply the absence of any others. Any information stated in the catalogue as well as in written or oral condition reports are provided to the best of knowledge and belief. The same applies to general information of any kind, may be it orally or in writing, prior or during the auction. The information shall serve as non-binding information only and shall not constitute any warranty or quality agreement. 4. Signatures, monograms, dates, and inscriptions on works of art are carefully examined and included in the catalogue entries. Artist indications, dates of creation, as well as indications of medium and processed material are statements of opinion and are not to be relied on as statements of fact and do not constitute a representation, warranty, or assumption of liability by HISTORIA of any kind. These information given in the catalogue may be objected to. In this case HISTORIA requires the buyer to obtain the written opinion by an internationally recognized expert of the field. Prospective buyers are strongly advised to examine personally the items they are interested to bid for during the viewing times prior to the auction, if possible attended by such an expert resp. a person with specialist knowledge. Regarding bronzes and sculptures, the artist indication refers to the conception of the model whereas the execution may also have been made after the artist's death. Provenance indications on the property stated in the catalogue are based on information given by the consignor. 5. HISTORIA assumes no liability or warranties for frames, mounts, picture glass, and pedestals unless they are decisive parts of the works of art. The same applies to defects, including any hidden defects of any nature, known or unknown, as well as the worsening of existing defects, known or unknown, due to age, handling, condition, condition of material, especially concerning furniture, carpets, frames, pedestals, or picture glass. 6. Regarding technical, mechanical, and electric objects HISTORIA excludes liability for functionality, completeness, and mobility. Winding keys for clocks as well as keys for pieces of furniture are only enclosed if expressively stated. 7. Images in catalogue are provided to give the potential buyer an idea of the item but may represent the item different in color and/or size. They shall not constitute any warranty or quality agreement. The same applies to requested extra images of details such as signatures, marks, etc. For the correct dimension of the item please referto the measurements stated in the respective catalogue entry (height x width x depth). 8. HISTORIA does not accept any liability neither for misprints nor any errata also concerning images in the printed resp. the online catalogue. The auction announcements read by the auctioneer when the lot is called up may contain corrections and new information on the item. These announcements have therefore priority over the information given in the catalogue. 9. Bids shall be considered as made by the bidder on his own behalf and for his own account. The prospective buyer must provide identification before bidding as HISTORIA has the right to refuse participation and to reject any bid at its complete discretion. 10. Absentee bids resp. the registration as live bidder via the internet or as telephone bidder shall be submitted at least 24 hours prior to the start of the auction. Bids must be submitted in written form (please refer to the absentee bid form attached to the print catalogue or available on our homepage) either personally or via air mail, fax or e-mail, and have to be signed by the bidder. Bids shall specify the relevant item described in the catalogue text along with the lot number. In case of any doubt the catalogue text number shall be decisive. Placed bids are maximum bids which shall only be drawn upon by HISTORIA to the extent necessary to outbid other bids. The bid is binding for the auction and the subsequent post-auction sale. The bid expires 8 weeks after auction date. 11. For telephone bidders it is not possible to place a bid below reserve. By registering as a telephone bidder, the bidder agrees with bidding the reserve price. If HISTORIA cannot reach the telephone bidder by the time the respective lot is called up or any other failure concerning telecommunications connection occurs, HISTORIA is authorized to bid the reserve price on behalf of the telephone bidder. HISTORIA accepts no liability for establishing and maintaining telecommunications resp. internet connections or for any other transmission errors e.g. due to a browser version used by the live-bidder which is not updated. 12. HISTORIA reserves the right to combine, separate, offer out sequence, or withdraw lots during the auction. The auctions starts with the limit price stated in the catalogue. In case of limit prices up to ' 200 the bidding steps are ' 10, for limit prices above ' 200 the auction progresses in approx. 10 %-steps. A bid is accepted after the auctioneer has called the highest bid three times. The striking of the hammer marks the acceptance of the bid. In case of two or more bids on one particular lot for identical amounts, and these are the highest bids on the lot, the first received bid will be accepted. HISTORIA has the right to accept a bid conditionally below reserve or to refuse the acceptance of a bid for special reasons. If there is a higher bid which was overlooked although it was made in time and the respective bidder pointed out the mistake immediately, or if there are any doubts concerning the acceptance of a bid whatsoever, HISTORIA has the right to revoke the acceptance and to reoffer and resell the item. 13. The acceptance of a bid concludes a contract for sale between the consignor and the buyer. The successful bidder is therefore obliged to pay and collect the lot he bought by auction. Risk and responsibility for the lot (including frames, picture glass, pedestals, etc.) passes to the buyer (§ 446 + 447 German Civil Code). The acceptance of a bid under reserve is binding for 6 weeks (§ 158 German Civil Code). 14. The buyer agrees to pay the hammer price plus a premium of 32 % including VAT. The amount shall be paid immediately after the auction, absentee bidders are obliged to pay within 10 days after the receipt of invoice. In case of payment by credit card, a fee of 5 % (incl. VAT) will be charged. Invoices issued during or immediately after the auction shall be verified, errors excepted. 15. The item is handed over by HISTORIA after the invoice is completely settled. If payment is made in a foreign currency, any exchange rate loss shall be borne by the buyer. The same applies to any transfer and encashment fees. Cheques are accepted only on account of payment and shall not be deemed paid until credited to our account without reservation. 16. The buyer is obliged to collect the items without undue delay, however at least 10 days after receipt of invoice. HISTORIA shall organize wrapping and shipment at the buyer's risk and expenses upon request resp. written instruction (please refer to the absentee bid form). 17. The buyer is liable for any damage resulting from delayed payment or refusal of acceptance of the item bought by auction. In the event of default in payment, default interest shall be charged at the legal rate as further claims for damage shall be reserved. Additionally, storage cost for each month/ part of month is charged at a rate of 2 % (incl. VAT) of the hammer price. HISTORIA may demand performance of contract or, alternatively, compensation of the lost proceeds in the amount of the consignor's commission plus the buyer's premium. Independently, as the defaulting buyer's rights over the item he bought by auction shall lapse, HISTORIA is entitled to reoffer the item at another auction at the defaulting buyer's expenses. The defaulting buyer shall be liable for any loss in proceeds compared to the prior auction resp. shall not be entitled to receive any surplus proceeds. 18. Claims for damages against HISTORIA on any legal basis whatsoever are excluded. Exclusion of liability does not apply to damages arising from death, physical injury, or damage to health as a result of at least negligent violation of contractual duties by HISTORIA as well as to any other damages resulting from grossly negligent or intentional violation of contractual duties by HISTORIA.