GENERAL TERMS AND CONDITIONS FOR AUSTRIA AUCTION COMPANY, LANGAUER GMBH
AUSTRIA AUCTION COMPANY Langauer GmbH (AAC) accepts
objects on behalf of sellers as a commission sale in or
outside its business premises, the Internet or by using other,
appropriate technical or actual equipment, to auction such
goods subject to the following Conditions. The consignor
warrants he is the sole owner of the items to be auctioned,
or is duly authorized to act on behalf of such owner. The
contract will be in accordance with the provisions of the
Austrian Commercial Code of 1994 as currently amended.
1. The auction item will be stored in the storerooms of AAC
for free until the completion of the auction for which the
objects have been accepted.
2. The storage is at the risk of the consignor. AAC is only liable
in case of willful or grossly negligent breach of contract.
Any proof for intent and gross negligence must be made by
written claim immediately by the consignor. However, for the
following -- fire, burglary and theft -- AAC offers insurance at
the consignor?s expense. The premium for this insurance will
be shown separately on the invoice. At the completion of the
auction this insurance expires. The consignor accepts these
Conditions in writing at the time of consignment.
3. The consignor agrees the sale of consigned objects will
be governed in accordance with the attached General Terms
and Condition of Auction, which are an integral part of this
auction contract. AAC can in certain circumstances bid
on behalf of the consignor up to the reserve price. Where
the consignor has not set a minimum price (the reserve),
the auctioneer shall sell the object at a price at its sole
discretion. If the object is unsold during the auction, the
highest bidder will be tied to his bid for a period of three
weeks. The consignor has to agree to such a sale, to the
highest bidder, in sufficient time so that bidder can be
notified within the three week period. If the consignor gives
a group of objects for sale the auctioneer has the right to
sell them at his sole discretion as long as the consignor?s
limit for the group is met.
4. If three days from the date of accepting the consignment
agreement the consignor has not contacted AAC,
the consignor then agrees to the Estimate in the AAC
consignment agreement. These Estimates done by AAC using
due care are not any guarantee of selling price. AAC does not
assume any responsibility to be held liable by the standards
of Civil Code § § 1299f. The consignor expressly agrees
to waive any Estimates or assessments made by outside
publicly appointed and sworn experts.
5. After the close of the auction, the consignor agrees to leave
any unsold objects with ACC for a period of three weeks to
allow AAC to arrange possible private sales. Selling price in this
case will be a minimum determined by the consignor?s reserve.
If there is no reserve consignor agrees to allow AAC to sell the
object at a price determined by AAC?s sole discretion.
6. The consignor agrees to be paid according to the terms
of this contract. Should the consignor be a corporation the
consignor agrees to pay on its behalf the VAT it will receive from
AAC as part of its settlement for the object?s sale.
7. Consignor agrees if the object is not sold or picked up within
five weeks from the date of sale AAC is entitled to either return
the object at consignor?s cost and risk, or to charge storage fees
at industry standard.
8. Consignor agrees to pay AAC a commission based on the
consignment agreement. Consignor agrees to pay for any
images in the catalog according to the consignment agreement.
Consignor agrees to pay any expenses related to the sale of his
objects, like packing, postage, transportation and the cost of
repairs, etc., listed in the consignment agreement. Should the
consignor, or his agent, bid for and buy any object listed on the
consignment agreement with AAC consignor agrees to pay all
normal charges, as if the object was sold to any other bidder.
9. AAC reserves the right to charge a 3% commission, plus any
costs listed in paragraph 8 of this agreement, for any object
which has remained unsold in the auction or in the three week
period following the auction.
10. The consignor takes full responsibility for the information he
has provided AAC about the object and guarantees to protect
AAC from any and all claims by any third party. In particular, the
consignor shall be liable for all defects and deficiencies of the
objects. Should AAC discover any additional significant defects
after delivery AAC is entitled to cancel the contract. Also in
principle AAC is entitled to reject accepting the object without
giving any reason. In the event of any contest of ownership
or anything else the consignor agrees to pay all expenses in
advance. AAC is liable to the consignor only in case of willful or
grossly negligent breach of duty.
11. Forty-five days after the auction, providing the buyer has
paid in full, the consignor will be paid the balance due by AAC.
If the buyer does not pay in full, at the consignor?s discretion,
AAC will endeavor to collect payment. However, the consignor
agrees to pay in advance for any fees or charges associated with this effort. AAC is liable to the consignor for the amount of the
auction proceeds due to him when the buyer has paid in full.
12. Should an object stay unsold in the auction and the
consignor demands it returned before the end of the three
week period, AAC is entitled to receive full commission and
any other relevant charges before returning the object. If
the contract is canceled by mutual agreement between
the consignor and AAC, the consignor agrees to pay AAC all
commission and costs. The calculation for this will be from the
minimum price specified in the consignment agreement, or as
alternatively set by AAC in the catalog.
13. The consignor agrees to the listed date and time of the
auction shown in the consignment agreement. All changes and
any amendments to these Conditions of sale must be registered
in writing. Statements by AAC are only binding if they are
confirmed in writing. Consignor and buyer agree the jurisdiction
of the local court in Vienna will apply. In any event only Austrian
law applies. Consignor and buyer agree the UN Convention on
Contracts for the International Sale of Goods of 11.04.1980
(CISG 89 BGBl II) shall not apply.
14. Consignor agrees if there is any copyright question the
consignor will be liable for all charges and payments.
15. Should any part of this agreement be found invalid it does
not change any of the other parts. Consignor agrees if any
invalid part of this agreement is replaced AAC has the sole right
for its agreement.
