Modern and Contemporary Art - Auction 158

Here you will find the general terms and conditions of our book and art auctions. 1. The auction is held voluntarily on the basis of the consignors? instructions. 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 is provided at the end of the catalogue. The auction is conducted against immediate payment in cash or by bank transfer. Payments by non-local buyers who have bid in writing, by email, or by telephone fall due within 14 days of the invoice date. In the event of discrepancies or contradictions between different language versions, only the German version of the terms and conditions shall be authoritative and take precedence. The customer agrees that his or her personal data, in particular name, address and information on purchases, may be electronically stored and processed by Jeschke J?di Auctions for the purpose of performing the contract and providing information about future auctions and offers. 2. As a rule, bidding starts at two-thirds of the estimate, unless a reserve price (limit) set by the consignor conflicts with this. Bids are raised in steps of 5 to 10%. The hammer falls after being called three times to the highest bidder. The auctioneer is entitled to reject written and oral bids without giving reasons or to award the lot subject to reservation; in the latter case the bidder is bound to the bid for two weeks. If several persons submit the same bid and no higher bid is made after three calls, the decision is made by drawing lots. The auctioneer may cancel the acceptance of a bid and re-offer the lot if a timely bid was mistakenly overlooked, if the highest bidder does not wish the bid to stand, or if there is otherwise any doubt about the award. 3. The auctioneer reserves the right to auction catalogue numbers out of sequence, to split, combine or withdraw them. The auction is conducted by a natural person who holds an auctioneer?s licence; the appointment of this person is at the auctioneer?s discretion. The auctioneer or auction house is entitled to appoint suitable representatives pursuant to section 47 of the German Trade Regulation Act (GewO) to conduct the auction. Any claims arising from or in connection with the auction may be asserted only against the auctioneer. 4. A buyer?s premium of 29.5% is payable on the hammer price; this premium includes statutory value-added tax without separate disclosure (margin scheme). For lots in the catalogue marked with an ?*? a premium of 24.95% is charged on the final invoice amount, plus 19% VAT only on the premium and the object?s VAT, currently 7% (reduced) or 19% (standard taxation). For buyers outside the EU a premium of 24.95% on the hammer price is charged (tax-free). On the sale proceeds of all original works of fine art and photography whose creators died less than 70 years before the end of the sale, an additional share currently amounting to 2% (subject to change) of the hammer prices is charged for VG Bild-Kunst, which administers artists? resale rights under section 26 of the German Copyright Act. For German businesses entitled to deduct input VAT on books and works of art, the entire invoice can, on request, be issued under the standard taxation scheme as before. No VAT is charged to foreign buyers outside the EU ? and to businesses within the EU that provide their VAT identification number as proof of entitlement to tax-free intra-Community supplies ? provided shipment of the goods is carried out by the auction house. For buyers outside the EU, therefore, a premium of 24.95% (without tax) is charged on the hammer price. Other buyers from EU countries must be charged VAT. Where goods are collected in person, VAT must be charged. Invoices issued during or immediately after the auction are subject to special verification and possible correction. Errors excepted. If an object subject to standard taxation is sold and delivered to a person in another EU member state who is not a business, the VAT rules of the destination state apply pursuant to section 3c of the German VAT Act. For payments exceeding 10,000 euros, Jeschke J?di is obliged under section 3 of the German Anti-Money Laundering Act to make a copy of the buyer?s photo ID; this also applies where the total of payments for several invoices exceeds 10,000 euros. If auction participants take purchased objects to third countries themselves, VAT is refunded once Jeschke J?di has received proof of export and of the recipient. Invoices are generally sent to buyers by email unless postal delivery in paper form is expressly requested. Requests to amend or reissue invoices, for example to a person other than the bidder, must be communicated in writing without delay after the end of the auction. Reissue is subject to successful identity checks under section 1(3) of the German Anti-Money Laundering Act for both the original bidder and the person to whom the invoice is to be transferred. Invoices are issued solely to persons responsible for settlement of the invoice. 5.a. When using live bidding via auction platforms, third-party fees of 3?5% (plus VAT) are charged to the buyer in addition to the premium. 5.b. The auctioneer accepts no liability or warranty for the continuous, trouble-free availability and use of the websites or the internet and telephone connection. During the auction the auctioneer will make reasonable efforts to reach the telephone bidder at the number provided and thus enable bidding by telephone. However, the auctioneer is not responsible if the telephone bidder cannot be reached at the number provided or if disruptions occur in the connection. 6. The fall of the hammer obliges the buyer to accept and pay for the lot. Commission agents are liable in this respect for their principals. Title to the purchased lot does not pass to the buyer until payment has been made in full, whereas the risk of any damage passes to the buyer upon the fall of the hammer. 7. Purchased lots are handed over only after full payment has been received free of charges to the auctioneer. Storage and shipping are at the buyer?s expense; the costs of shipping, packing and transport insurance are charged on the overall invoice. Any despatch of purchased items at the buyer?s request takes place at the buyer?s risk. Framed lots are shipped only via a forwarding agent due to the risk of breakage. Postal shipment is made only upon the buyer?s express request and at the buyer?s risk. The auction house will, where possible, assert any transport damage claims against the carrier on behalf of the customer. After delivery, buyers who are businesses must inspect the goods immediately for damage and notify the transport company of any such damage. Later complaints for non-hidden damage are excluded. If the transport company or transport insurer refuses to settle the damage, Jeschke J?di is not obliged to reimburse the buyer for this amount. In the event of late payment, the auction house charges default interest at the usual bank rate, but at least at the statutory default interest rate under sections 288 and 247 of the German Civil Code, without prejudice to further claims for damages, including the costs of legal action. In the event of default, the auctioneer may demand performance of the purchase contract or, after fixing a deadline, claim damages for non-performance. In the latter case, damages may also be calculated by reoffering the item in a new auction; the defaulting buyer, whose rights from the previous purchase lapse and who is not admitted to further bidding, must compensate any shortfall compared with the previous auction as well as the costs of the new auction, including the auction house?s fees. The buyer has no claim to any excess proceeds. 8. Warranty claims are excluded. All items coming up for auction can be viewed and examined prior to the auction at the times indicated. The items are used; their condition is, unless otherwise stated, good and age-appropriate, and prior ownership marks such as names, bookplates or stamps, as well as minor age-related defects, are not always specifically mentioned. Items are sold in the condition they are in at the time of the hammer. The catalogue descriptions, prepared to the best of knowledge and belief, do not constitute contractual specifications of condition or guarantees in the legal sense of sale-of-goods law. Periodicals, series, multi-volume complete editions, lots and collections are not collated in detail, although defects found on inspection are noted. Condition reports provided at the customer?s request serve only to give further orientation regarding the external condition of the object according to the auctioneer?s assessment. The auctioneer assumes no liability towards buyers who are businesses for defects, provided the auctioneer has fulfilled the duty of care owed in describing the auctioned items. Catalogue holders, auction participants and bidders affirm that they acquire objects from the period of the Third Reich depicted in the auction catalogue solely for the purposes of civic education, defence against unconstitutional activities, art or science, research or teaching, reporting on historical events or for similar purposes within the meaning of sections 86a and 86 of the German Criminal Code. Jeschke J?di Auctions GmbH supplies such items only under these conditions. 9. After the hammer has fallen, attributions and conditions of preservation cannot be contested; complaints regarding completeness must be notified in writing to the auctioneer within 5 days of receipt of the consignment. Complaints raised within 5 weeks after the end of the auction will, where possible, be settled on a goodwill basis. In the case of later substantiated complaints regarding completeness submitted within the limitation period of 12 months from the hammer, the auctioneer agrees to assert warranty claims against the consignor. If this recourse against the consignor is successful, the auctioneer will refund the buyer the purchase price paid (including premium); all further claims are excluded. Any return of the purchased item requires in all cases that it is in the same condition as at the time of the auction. 10. Bids may be submitted before the auction in writing or by email. The auctioneer will only utilise such bids to the extent necessary to outbid other bids. 11. Jeschke J?di accepts written bidding instructions free of charge for the client. Telephone, telegraph and telex instructions require written confirmation. Telephone bids or internet bids during the auction require prior registration with, and approval by, the auctioneer. Telephone bids are accepted only if the bidder agrees to bid at least the previously communicated reserve price of the lot. Even if a connection cannot be established, the bid at the reserve price is binding for the auctioneer. The auction house accepts no responsibility for the availability of telephone and online communication and no liability if, due to technical or other disruptions, no bids or incomplete bids are received. The auctioneer assumes no liability for instructions received later than 24 hours before the scheduled start of the auction or during the auction. Transmission errors and postal delays are at the principal?s risk. The right of withdrawal and return for distance-selling contracts does not apply to bids submitted by telephone or via the internet. 12. Place of performance and venue for merchants, legal entities under public law or special funds under public law is Berlin-Mitte. German law applies exclusively; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. German law applies; the Cultural Property Protection Act is observed. These conditions also apply correspondingly to post-auction sales, which are deemed part of the auction; the right of withdrawal and return for distance-selling contracts does not apply to these. Reference is made to the privacy policy on the auction house?s website. The customer may set off only claims that are undisputed or have been finally established by a court, or that are in a reciprocal relationship to claims of Jeschke J?di. A right of retention arising from other transactions with Jeschke J?di is excluded. Insofar as the customer is a merchant, the customer expressly waives the rights under sections 273 and 320 of the German Civil Code. 13. Should any of the above provisions be wholly or partially invalid, the validity of the remaining provisions shall not be affected. By submitting an oral or written bid, the bidder confirms having taken note of and accepted the conditions of auction. Your auctioneers: Hans-Joachim Jeschke and Bal?zs J?di