1. Lots are put on sale by
Aste Boetto at a public auction.
Aste Boetto acts as exclusive agent
in its own right and on behalf of each
seller whose name is registered at
Aste Boetto. The seller is responsible
for the items on sale and Aste Boetto
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
auc- tioneer, 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 Auc- tion
Commission and all other due fees
and taxes.
3. Aste Boetto 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. The auctioneer may, furthermore,
at his discretion, withdraw
any lot which does not reach the reserve
price agreed between Aste Boetto
and the seller.
4. An auction commission of
26% is to be added to the final selling
price. Goods marked '*' which
are offered by sellers not subject to
'margin regulations' (VAT paid on
only the difference between the original
purchase price and sale price) are
subject to the auction commission of
26% plus VAT on the entire value of
the sale item plus ex- penses.
5. The auction director may
accept a specific mandate to bid for
lots at a determined price and make
offers on behalf of the seller.
6. Aste Boetto may accept
mandates for buy- ing (written and
telephonic) and raise bids through
the auctioneer at public auctions.
Aste Boetto may not be held responsible
in any way for not receiving
written or tele- phonic offers or for
any errors or omissions in said offers.
7. In the case of two identical
offers for the same lot, the offer will
be awarded to the offer which was received
first. Aste Boetto reserves the
right to refuse offers from un- known
bidders unless a deposit is raised
which covers the entire value of the
desired lot or in any case an adequate
guarantee is supplied. At the time
of assignment of a lot, Aste Boetto
may require identification de- tails
from the purchaser and in the case of
referred and non cash payment, the
pur- chaser must supply Aste Boetto
with a con- gruous and checkable
bank reference: in the case of references
which do not correspond, are
incomplete or inadequate, Aste Boetto
reserves the right to annul the sale
contract of the assigned lot.
8. Aste Boetto acts as agent
for the seller and declines responsibility
deriving from de- scriptions
of the items in the catalogues, brochures
or any other such descriptive
ma- terial: the descriptions as stated
above as
with all other illustrations are purely
indica- tive. Al auctions are preceded
by an exhibi- tion 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 Aste Boetto
nor the seller can be held responsible
for flaws with regards to the condition,
for mis- taken attribution, origin,
authenticity, weight or quality of
the items. Neither Aste Boetto nor
anyone charged by Aste Boetto can
release any guarantee in this sense
other than in cases foreseen by law.
9. 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 modifica- tion. The descriptions
of the lots in the cat- alogue
may also be subject to revision
via communication to the public during
the auction.
10. Aste Boetto 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 pur- chase.
At the end of said period, Aste Boetto
will be exonerated of all responsibility
with regards to the purchaser
concerning storage and possible
deterioration of the items and may
exercise the right to apply a charge
for the storage of each single lot at
the rate of ' 5.00 per day for furniture
and ' 2,50 per day for other items.
Items sold off site and not collected
will be transported and stored in our
warehouses. Any transport costs will
be the responsibility of the purchaser.
If specifically requested by the purchaser,
and at their risk and expense,
Aste Boetto may arrange packaging,
transport and insurance of the lots.
11. In the case on non-payment,
Aste Boetto can:
a) return the goods to the seller and
de- mand 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.
12. Notwithstanding any disposition
contrary to this content, Aste Boetto
reserves the right to agree with the
purchaser, special forms of payment,
public or private warehouse storage,
to sell assigned lots which have not
been collected privately, to insure
assigned lots, to resolve disputes
and claims by or against the purchaser
and to generally un- dertake
actions considered appropriate in
order to collect payment owed by
the pur- chaser or even according
to the circumstances,
annul the sale according
to articles 13 and 14 of Italian civil
law and to return the goods to the
purchaser.
13. 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 decla- ration was began in accordance
with article 6 es. Of the legislative
decree 29 October 1999,
n°490, with particular regards to
arti- cle 54 of the same decree. The
export of goods by the purchaser,
resident and not in Italy, is regulated
by the aforementioned de- cree
and furthermore by customs, currency
and tax regulations in force.
The approxi- mate 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.
Aste Boetto is not held responsi-
ble in any way to the purchaser
with regards to any eventual export
restrictions concern- ing 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 Aste Boetto or from
the seller, of interest on the price or
Auction Commission already paid.
14. In the case of a reasonable contestation,
ac- cepted by Aste Boetto,
with regards to faked works of
art, and given that a written communication
is received by Aste Boetto
within 21 days of the sales, Aste
Boetto may, at its discretion annul
the sale and should the purchaser
so require, reveal the name of the
seller informing said seller of this
action.
15. All information regarding hallmarks
of met- als, carats and weight
of gold, diamonds and precious coloured
gems are to be consid- ered
purely indicative and approximate
and Aste Boetto cannot be held responsible
for eventual errors contained
in said informa- tion 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.
16. In addition to all other obligations
and rights as contained in
these Conditions of Sale, Aste
Boetto may at its discretion, in
the case that is informed or becomes
aware of claims by third
parties concerning the ownership,
possession or holding of a
lot, hold the lot in custody for the
duration of the claim or for the
time deemed necessary for the
claim to be made.
17. 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 Genoa.
Condition of sale
