General Terms & Conditions of Business
Terms & Conditions of Sale
By participating in the auction in person, via telephone, in writing, or via the Internet, you agree to the following terms:
I General Terms
(1) Participation in the auction is voluntary.
(2) Wendl Auctioneers (herinafter referred to as the “Auctioneer”) conduct the sale on behalf of and for the account of a third party. This does not apply to objects put up for sale by the Auctioneer on his behalf and for his account.
(3) Each consignor is assigned a number to enable the Auctioneer to track the consigned lots. Lot no. 11 is reserved for objects put up for auction by the Auctioneer on his behalf and for his account.
II Pre-sale Exhibition, Guarantee, and Liability
(1) The Auctioneer makes every effort to ensure the accuracy of the catalogue descriptions. However, the descriptions are qualified statements of opinion and, in accordance with paragraph 459, et al, German Civil Code (Buergerliches Gesetzbuch), are not representations or warranties and mostly reflect information provided by the consignor.
The catalogue descriptions pertaining to condition should be considered as a guide for what we view as significant visible damage. Defects and other flaws are taken into account in setting the reserve. All lots are sold “as is.” If no specific flaws or defects are mentioned, this does not imply that a particular object is in perfect condition. Antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear earned from use is to be expected and is often the proof that an object is an antique. Normal wear will not be listed. Buyers who would like to know the fine points regarding condition are encouraged to call prior to the auction. Although we will answer as best as we can, the buyer is advised to examine the object under consideration in person during the preview or have an expert inspect it for him/her. The pre-sale exhibition is held five days before the auction, including a weekend.
The Auctioneer assumes no liability for the catalogue descriptions and does not guarantee the age, origin, size, weight, signatures, hallmarks, material, or damages of the objects offered in the sale. In instances, where a buyer informs us about a defect within the specified legal period of liability, we will get on touch with the consignor to address the issue. In special cases, such as when a lot’s authenticity is in question, we will work with the purchaser to remedy the situation vis-à-vis the consignor. In this case the purchaser is required to obtain, at his expense, a written expertise from a recognised expert in the field within four weeks following the sale.
Books, journals, files, etc. are not collated. Patination or oxidation due to age is not specifically noted. Measures are rounded, and dimensions are given in the sequence height/width/depth. Signatures, hallmarks, etc. are not verified. Allocations and/or references are statements of opinion and are not guaranteed. We encourage prospective purchasers to take advantage of the pre-sale exhibition to examine the objects in person.
We do not specifically mention defective frames. Frames and glass serve a protective purpose and have no bearing on setting the reserve price. Please note that photographs of paintings or graphic works of art in the auction catalogue do not always show the complete frame or may show only the object itself. Also, photographs may not be representative of an object’s true colors. The pictorial supplement in the catalogue provides additional information and is subject to correction. In case of discrepancies between the photograph and the description of a particular lot, the written text is authoritative.
(2) With the exception of claims covered under guarantee and liability, we cannot honor any claims, whatsoever, after the sale.
(3) We advise visitors to use caution when visiting the pre-sale exhibition and attending the auction as they are liable for any damage they may cause.
III The Auction
(1) A lot is usually called to auction at the reserve noted in the catalogue. Lots without a reserve are called at Euro 10,00, unless we have in hand several higher written bids. Bids up to the amount of Euro 180,00 increase in steps of Euro 10,00, bids above Euro 180,00 increase by approximately 10%. The winning bid is arrived at when all but one bidder drop out, the Auctioneer has repeated the last bid three times, does not obtain a higher bid, and when the reserve is met. The final bidder is the successful buyer. The Auctioneer brings down his gavel on the rostrum and declares the final hammer price.
(2a) The Auctioneer, at his sole discretion, may reject a bid. In that case the preceding bid becomes the winning bid. If several bidders offer the same amount, the Auctioneer decides over the bid. Disagreements over a bid may be resolved, at the Auctioneer’s discretion, by calling for a repeat of the bid in question. This may also be done in cases where the Auctioneer may have missed or overlooked a higher bid.
If the winning bidder refuses to honor his bid, the Auctioneer is entitled to award the lot to him and to avail himself of any legal remedies to force completion of the sale. He may also, at his sole discretion, award the winning bid to the preceding highest bidder or may call up the lot in question again. Once the Auctioneer’s gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot, including the risk of loss, damage, etc. Each bidder buys on his behalf and for his account. A bidder who acts on behalf of a third party is personally liable for payment and removal of the purchase, even if the invoice is in the third party’s name. The purchaser is required to make full payment in cash at the end of the auction. New customers who do not pay in cash are required to submit a banque approved cheque. The Auctioneer reserves the right to request securities (i.e. references, cash deposit, etc.).
Purchasers, who submitted a written bid, are required to make payment in full within 10 days upon receipt of our invoice. Customers who fail to pay their invoice within the specified time frame incur interest charges of 1% of the billed amount per month. The goods will be released to the purchaser upon payment of all charges. We credit your account as soon as payment has been posted to our banque account.
(2b) Telephone bids are taken for objects with a reserve of Euro 240,00 and above. We do not accept bids below the reserve from telephone bidders; therefore, when bidding by telephone the bid must be at the reserve. Telephone bidders may provide us with a second bid (safety bid) that is higher than the reserve, in case the bidder cannot be reached by telephone when the desired lot is being auctioned. In this case the Auctioneer will continue to bid up to the amount of the safety bid. If we don’t receive a safety bid, we bid at the reserve. We cannot guarantee for the telephone or online LIVE connection during the auction.
(2c) If you would like us to ship your objects upon payment, please note the following: We require a written request from absentee bidders to ship the purchase. Inclusion of the quoted flat rate shipping charge with payment represents an order to ship the goods. We exclusively use the services of DHL and ship at the purchaser’s risk. The flat rate for shipping within Germany includes postage and handling and, depending on size and weight, ranges from Euro 8,00 to 30,00. The shipping charge includes insurance coverage up to a value of Euro 500,00. For this reason we ship even the smallest items as a package. If additional insurance coverage (above a value of Euro 500,00) is desired, the purchaser needs to make arrangements with us and include the additional charges with payment. Additional insurance coverage for items shipped abroad will be addressed on a case by case basis and the regulations of DHL for international shipments apply. We can ship up to a package size of 120x 60x60 cm. We do not ship large paintings, graphic art framed in glass, fragile objects, porcelain or glass sets, etc. We require removal of purchases within three weeks, as we do not have sufficient storage facilities on the premises, else the goods will be stored at the purchaser’s risk and expense at a cost of Euro 1,00 to Euro 3,00 per item per day.
(3) Any winning bid below the reserve automatically becomes a conditional sale, even if this is not specifically stated. In this case, the bidder is bound by his bid for four weeks. However, at any time, the lot may be awarded to a bidder offering the reserve price or to a bidder, who makes a higher bid.
(4) The hammer price is a net price, to which a buyer’s premium of 18% is added. To the buyer’s premium a value added tax of 19% is added, resulting in a total buyer’s premium of 21.42%. The value added tax is payable on the buyer’s premium only and is non-refundable in case the goods are exported.
For a lot won through online LIVE-Bidding, we additionally surcharge 3 % plus VAT on the hammer price.
(5) The winning bidder is required to complete the purchase and to make payment in full. He assumes ownership, full risk and responsibility for the purchased lot, including the risk of loss, damage, etc. The goods are transferred into his possession upon full payment.
(6) If the buyer does not collect his object(s) in a timely manner, the Auctioneer may use any available legal remedies to force compliance or may cancel the sale. If the Auctioneer demands compensation, he is entitled to claim 30% of the hammer price as a lump sum but, at his discretion, he may also pursue a claim for higher compensation. Further, the Auctioneer is entitled to pursue, in addition to his own claim, a claim of the consignor in or outside of court. The Auctioneer, at any given time, may switch from a claim for performance to a claim for damages.
(7) Packing and storage of goods is done at the buyer’s risk and expense. Items not collected in a timely manner incur customary storage and handling charges.
All objects are shipped by mail at the buyer’s risk and expense, unless other arrangements were made with us in writing. Inclusion of the shipping charges with your payment constitutes an order to ship the merchandise.
(8) The Auctioneer is entitled to offer paid for goods that have not been collected within four months after the sale in a future auction at no reserve in lieu of compensation for storage expenses. Any proceeds above the Auctioneer’s expenses are refunded to the customer. In cases where the proceeds do not cover the Auctioneer’s expenses, the customer is liable for the difference.
(9) We collect and store the postal address and e-mail address of absentee bidders for invoicing and correspondence. We do not share your information with anyone.
(10) The approval of written bids, telephone bookings or online LIVE bidding is an additional service of our house. We do not guarantuee any processing or executing without fault.
IV Sale of Objects from the Third Reich
Insofar as objects from the Third Reich are offered at auction, this is done solely for the purpose of enlightenment or warding off of anti-constitutional activities, for artistic, scientific, research, educational, historic, and similar purposes.
V
The Auctioneer reserves the right to exclude individuals from the sale for improper or disorderly conduct during the pre-sale exhibition or the auction. He may further exclude individuals who are delinquent in payment or collection of goods from a previous sale. Unauthorised trading or bartering on the premises is prohibited; violations may result in claims for damages and/or ban.
VI
The Auctioneer reserves the right to combine or divide lots, to offer lots out of order, or to withdraw lots from the sale.
VII Place of Settlement
The place of performance is Rudolstadt
VIII Post-Auction Sale
The above stated terms and conditions also apply to the Post Auction Sale.
IX Final Provisions
In case any provision of the Terms & Conditions of Sale is rendered ineffective, the parties agree to substitute the former with a provision that serves the intended purpose.
In case of discrepancies between the German and English text of the Terms & Conditions of Sale the provisions in German shall prevail.
Wendl Auctioneers
Valed as of 26.09.2016
