Modern and Contemporary Art

Terms of Sale 1. The auction takes place voluntarily on the basis of the consignors' orders. The auction house acts as commission agent in its own name and for the account of its principals (consignors), who remain unnamed. The list of consignors can be found at the end of the catalog. The auction takes place against immediate cash payment or bank transfer. Payments from external bidders who have bid in writing, by e-mail or by telephone are due within 14 days of the invoice date. Public institutions are granted a payment term of four weeks. 2. as a rule, two thirds of the estimated price shall be auctioned off, unless a minimum selling price (limit) set by the consignor precludes this. The hammer price is raised by 5 to 10 percent. The lot is knocked down to the highest bidder three times. The auctioneer is entitled to reject written and verbal bids without giving reasons or to accept the bid subject to reservation; in the latter case, the bidder remains bound to his bid for two weeks. If several persons submit the same bid and no higher bid is made after three calls, the lot shall be drawn. The auctioneer may withdraw the knockdown and re-bid the item if a bid submitted in good time has been overlooked by mistake or if the highest bidder does not wish to accept his bid or if there is any other doubt about the knockdown. 3. the auctioneer reserves the right to auction, separate, combine or withdraw lots from the catalog out of sequence. The auction shall be conducted by a natural person who is in possession of an auctioneer's license; the auctioneer shall be responsible for appointing this person. The Auctioneer or the Auctioneer is entitled to appoint suitable representatives in accordance with ? 47 GewO to conduct the auction. Claims arising from and in connection with the auction shall only be asserted against the Auctioneer. 4. a premium of 28.95 % is to be paid on the hammer price, which includes the statutory value added tax without separate disclosure (differential taxation). A surcharge of 24.95 % is payable on surcharges for catalog items marked with an ?*?, and VAT of currently 7 % (reduced) or 19 % is payable on the final invoice amount (standard taxation). For buyers outside the EU, a premium of 24.95% will be added to the hammer price (tax-free). On the sales proceeds of all original works of fine art and photography whose authors have not yet died 70 years before the end of the sale, an additional 2% (subject to change) of the hammer price is currently charged for VG Bild-Kunst, which represents the copyrights of fine artists in accordance with ? 26 UrhG. For German companies that are entitled to deduct input tax on books and works of art. On the sales proceeds of all original works of fine art and photography whose authors have not yet died 70 years before the end of the sale, an additional 2% (subject to change) of the hammer price is currently charged for VG Bild-Kunst, which represents the copyrights of fine artists in accordance with ? 26 UrhG. For German companies that are entitled to deduct input tax on books and works of art, the total invoice can be issued using the standard taxation method as before. Foreign buyers outside the EU - and also companies within the EU if they provide their VAT identification number as proof of their entitlement to receive tax-free intra-Community deliveries - will not be charged VAT if the goods are shipped by us. For buyers outside the EU, a surcharge of 24.95% (excluding tax) will be added to the hammer price. Other buyers from EU countries must be charged VAT. If you take the goods yourself, VAT will be charged. Invoices issued during or immediately after the auction are subject to special verification and possible correction. Errors excepted. If a regularly taxed object is sold and delivered to a person from another member state of the EU who is not an entrepreneur, the VAT regulations of the destination state apply, ? 3c UStG (Value Added Tax Act), and Jeschke J?di is obliged to provide a copy of a photo ID of the buyer for payments over ?10,000 in accordance with ?3 of the GWG. This also applies if a payment for several invoices exceeds the amount of ?10,000. If auction participants take auctioned items to third countries themselves, they will be refunded the VAT as soon as Jeschke J?di has received proof of export and proof of purchase. 5.a. When using live bidding via auction platforms, 3-5% third-party fees (plus VAT) will be charged to the buyer in addition to the buyer's premium. 5.b. The auctioneer assumes no liability or guarantee for the continuous and uninterrupted availability and use of the websites, internet and telephone connections. During the auction, the Auctioneer shall 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. However, the Auctioneer shall not be responsible for not being able to reach the telephone bidder at the number provided by him or for disruptions in the connection. 6. The acceptance of the bid obliges the buyer to accept and pay. Commission agents shall be liable for their clients in this respect. Ownership of the auctioned goods shall not pass to the successful bidder until payment has been made in full, but the risk of any damage shall pass to the successful bidder upon acceptance of the bid. 7. auctioned goods will only be handed over after payment has been made in full and free of charge for the recipient. Storage and shipment shall be. The costs for shipping, packaging and transport insurance shall be charged with the total invoice. Any shipment of auctioned items at the buyer's request shall be at the buyer's risk and peril. Due to the risk of breakage, framed lots will only be shipped with glass and frame at the express request and risk of the buyer. The auction house will attempt to claim any shipping damage from the carrier on behalf of the customer. After delivery, the buyer, who is an entrepreneur, must immediately inspect the items for damage and report this to the transport company. Subsequent complaints due to uncovered damage are excluded. If the transportation company or the transportation insurance company refuses to settle the claim, Jeschke J?di shall not be obliged to reimburse the Buyer for this amount. In the event of late payment, the Auctioneer shall charge default interest at the usual bank interest rate, but at least at the statutory default interest rate according to ?? 288, 247 BGB, without prejudice to further claims for damages - which also include legal costs. Furthermore, in the event of default of payment, the auctioneer may either demand fulfillment of the purchase contract or, after setting a deadline, compensation for non-fulfillment. In this case, the damages 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, must pay for any reduced proceeds compared to the previous auction and for the costs of the new auction, including the auction house's fees. He is not entitled to any additional proceeds. 8. all items to be auctioned may be inspected and examined prior to the auction at the times indicated. The items are used; unless otherwise stated, they are in good condition and in accordance with their age. No reference is made in each case to previous owners' marks such as names, bookplates or stamps or minor age-related defects. They are sold in the condition in which they are at the time of the knockdown. The catalog descriptions made to the best of our knowledge and belief are not contractual descriptions of condition or guarantees in the sense of sales law. Periodicals, serial works, as well as multi-volume complete editions and bundles and collections are not collated down to the last detail, but any defects found immediately are noted. Condition reports submitted at the request of the interested party serve only to provide more detailed information on the external condition of the object according to the auctioneer's assessment. The auctioneer assumes no liability for defects [towards a buyer who is an entrepreneur] insofar as he has fulfilled his duty of care when describing the auctioned items. The auctioneer assumes no liability for defects [vis-?-vis a buyer who is an entrepreneur] insofar as he has fulfilled his duty of care in describing the auctioned items. The catalog owner, auction participants and bidders assure that the items from the Third Reich era depicted in the auction catalog will only be acquired for the purposes of civic education, the defense against unconstitutional endeavors, art or science, research or teaching, reporting on current events or history or similar purposes (?? 86a, 86 of the Criminal Code). Jeschke J?di Auctions Ltd. only sells these items under these conditions. 9. No objections can be made to the knockdown and condition of items after the hammer has fallen; complaints regarding completeness must be made in writing to the auctioneer within 5 days of receipt of the consignment. Complaints made up to 5 weeks after the close of the auction will be settled as far as possible as a gesture of goodwill. In the event of justified complaints regarding completeness submitted 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 shall refund the purchase price paid (including buyer's premium) to the buyer; any further claim is excluded. However, a return of the auctioned item requires that it is in the same condition as at the time of the auction. 10. Bids may be submitted in writing or by e-mail prior to the auction. They will only be utilized by the auctioneer to the extent necessary to outbid other bids. 11. Jeschke J?di shall accept written orders free of charge for the Customer. Telephone, telegraphic and telex orders require written confirmation. Telephone bids or bids via the Internet during the auction require prior notification to the auctioneer and his consent. Telephone bids will only be accepted if the bidder is prepared to bid the minimum price of the respective lot as communicated to him beforehand. Even if a connection is not established, the bid in the amount of the minimum price is binding for the auctioneer. However, the Auction House assumes no liability for the availability of telephone and online traffic and no liability for the fact that no bids or incomplete bids are submitted due to technical or other faults. The auctioneer accepts no liability whatsoever for orders received later than 24 hours before the scheduled auction date or during the auction. Transmission errors and postal delays shall be borne by the customer. The right of withdrawal and return for distance selling contracts does not apply to telephone and Internet bids. 12. Place of performance and jurisdiction for registered traders, legal entities under public law or special funds under public law is Berlin-Mitte. German law shall apply exclusively; the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. These terms and conditions also apply accordingly to the after-sale, which is considered part of the auction; the right of withdrawal and return for distance selling contracts does not apply to this. 13 Should any of the above provisions be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. With the submission of a verbal or bid orally or in writing, the bidder confirms that he has taken note of and accepts the auction conditions. THE AUCTIONEERS: Hans-Joachim Jeschke and Bal?zs J?di STATE: June 2025