Condition of sale
1. Lots are put on sale by
Benedetto Trionfante casa d'aste s.r.l. at a public auction.
Benedetto Trionfante casa d'aste s.r.l. acts as exclusive agent
in its own right and on behalf of each
seller whose name is registered at
Benedetto Trionfante casa d'aste s.r.l.. The seller is responsible
for the items on sale and Benedetto Trionfante casa d'aste s.r.l.
accepts no responsibility with
regards to the buyer other than that
which may derive from its position as
agent.
2. The items are sold to the
highest bidder for cash: in the case
of disagreement between more than
one high bidder, the disputed item
may, at the sole discretion of the
auctioneer, be relisted for new bidding
during the same auction. When
making a bid, the bidder accepts full
personal responsibility to pay the price
agreed inclusive of the Auction
Commission and all other due fees
and taxes.
3. Benedetto Trionfante casa d'aste s.r.l. reserves the
right to withdraw any lot from the
auction. During the auction, the auctioneer
has the right to separate or
join lots and to change the order of
their sale.
4. An auction commission of
24% plus VAT on the entire value of
the sale item plus expenses
is to be added to the final selling
price.
5. Benedetto Trionfante casa d'aste s.r.l. may accept
mandates for buying (written and
telephonic) and raise bids through
the auctioneer at public auctions.
Benedetto Trionfante casa d'aste s.r.l. may not be held responsible
in any way for not receiving
written or telephonic offers or for
any errors or omissions in said offers.
6. In the case of two identical
offers for the same lot, the offer will
be awarded to the offer which was received
first. Benedetto Trionfante casa d'aste s.r.l.
reserves the right to annul the sale
contract of the assigned lot.
7. Benedetto Trionfante casa d'aste s.r.l. acts as agent
for the seller and declines responsibility
deriving from descriptions
of the items in the catalogues, brochures
or any other such descriptive
material: the descriptions as stated
above as
with all other illustrations are purely
indicative. All auctions are preceded
by an exhibition in order to allow
a thorough examination of the authenticity,
condition, origin, type and
quality of the items. After the assignment
of a lot, neither Benedetto Trionfante casa d'aste s.r.l.
nor the seller can be held responsible
for flaws with regards to the condition,
for mistaken attribution, origin,
authenticity, weight or quality of
the items.
8. The starting price relative
to the possible auctioning of each lot
is printed under the description of
said lot and do not include the Auction
commission to be paid by the
purchaser. These estimates are nevertheless
made well before the date
of the auction and may therefore de
subject to modification. The descriptions
of the lots in the catalogue
may also be subject to revision
via communication to the public during
the auction.
9. Benedetto Trionfante casa d'aste s.r.l. may require payment
in full of the final price and Auction
Commission, in any case, full
payment in Euros must be made
within seven days of the assignment.
Having paid the final price and Auction
Commission, the purchaser
must collect the lots bought at his
own risk, responsibility and expense
within seven days of the purchase.
At the end of said period, Benedetto Trionfante casa d'aste s.r.l.
will be exonerated of all responsibility
with regards to the purchaser
concerning storage and possible
deterioration of the items.
Any transport costs will
be the responsibility of the purchaser.
If specifically requested by the purchaser,
and at their risk and expense,
Benedetto Trionfante casa d'aste s.r.l. may arrange packaging,
transport and insurance of the lots.
10. In the case on non-payment,
Benedetto Trionfante casa d'aste s.r.l. can:
a) return the goods to the seller and
demand from the buyer payment of
the lost commission,
b) act in order to obtain enforcement
of compulsory payment
c) sell the lot at a private sale or
subsequent auction, and in any case
detain as penalty any deposits paid.
11. Purchasers are required to
uphold all laws and regulations
in force with regards to the items
declared to be of particular importance
and for which the procedure
of declaration was began in accordance
with article 6 es. Of the legislative
decree 29 October 1999,
n°490, with particular regards to
article 54 of the same decree. The
export of goods by the purchaser,
resident and not in Italy, is regulated
by the aforementioned decree
and furthermore by customs, currency
and tax regulations in force.
The approximate cost of an export
license is E.200,00. Waiting time is
about 45 days following the application
to the export office of the 'Ministero
dei Beni Culturali'.
The application for an export license
is to be sent to the Ministry on
payment of the lot and with explicit
written authorization of the purchaser.
Benedetto Trionfante casa d'aste s.r.l. is not held responsible in any way to the purchaser
with regards to any eventual export
restrictions concerning the lot assigned,
nor for any license or permit
which the purchaser of a lot must
ac- quire in accordance with Italian
law. In the case of the State exercising
the right of withdrawal, the
purchaser cannot expect any reimbursement
from Benedetto Trionfante casa d'aste s.r.l. or from
the seller, of interest on the price or
Auction Commission already paid.
12. All information regarding hallmarks
of metals, carats and weight
of gold, diamonds and precious coloured
gems are to be considered
purely indicative and approximate
and Benedetto Trionfante casa d'aste s.r.l. cannot be held responsible
for eventual errors contained
in said information nor for the
falsification of precious items. Some
weights in this catalogue have been
ascertained by way of measurement.
This data is to be considered
approximate and must not be considered
as exact.
13. These Conditions of Sale are
automatically accepted by all
those participating in the auction
and are available upon request to
any interested party.
Any dispute is to be under the jurisdiction
of the court of Palermo.
