Conditions of Sale
Auction conditions of the Kunst & Auktionshauses Ruef OHG:
1. The Kunst & Auktionshaus Ruef OHG (in the following referred to as "Ruef") carries out auctions and sales in its own name, as commission agent, on behalf of the seller (principal). The art objects are auctioned or sold in accordance with the following auction conditions. Everyone who takes part in an auction or makes an acquisition in the subsequent sale (bidder/purchaser), accepts these conditions as binding.
2. A person wishing to take part in an auction must first be registered with his full name and address. He then receives a bidder number. A successful bid is made with this number. The bidder warrants that he is buying in his own name and on his own account. If this is not the case, he must also identify his principal when registering. He warrants that he is legally authorised.
3. The objects which are to be auctioned or sold are described in the catalogue (without illustration) and in the online catalogue, dated, attributed and in individual cases, accompanied by a note about their provenance, according to the information supplied by the seller. They are checked according to Ruef's expertise but, unless specifically stated in the object's description, authorised experts are not consulted. The descriptions are not guarantees of quality or assurances of specific characteristics but descriptions of the items' condition. If, in the purchaser's opinion, there is a hidden fault and this can be verified following a check by Ruef, then Ruef can give the purchaser the seller's information, so that the purchaser can enforce their claimed rights. A liability or warranty by Ruef is excluded, unless Ruef has acted deliberately or with gross negligence.
4. All objects to be auctioned can be viewed and checked at the times named by Ruef. They are used, unless otherwise specifically stated in their descriptions. They are auctioned or sold in the condition which they are in at the time of the successful bid or transaction.
5. Bids that are placed in writing or electronically through the internet, must be received at least 24 hours before the beginning of the auction to be taken into account.
6. The winning bid is awarded if, after having been called out three times, no higher bid is submitted. If more than one bidder submits the same bid at the same time, the winning bid is awarded by lot. If it is claimed that the successful bid is incorrect immediately after it has been awarded, perhaps because a bid was overlooked, the auctioneer can, at his own discretion, call out the item again. The auctioneer can also rescind a winning bid. No claim can be made about a possible error in awarding the winning bid after the end of the auction.
7. An item to be auctioned is called out at the reserve price shown in the catalogue. Increases will be at the auctioneer's discretion, usually about 10%. The contract for the sale of the auctioned object is made when the winning bid is awarded. With it, possession and risk pass to the winning bidder. Ownership is reserved until full payment has been made.
8. On winning the bid, the purchaser is obliged to pay the hammer price and the premium due to Ruef. The premium is calculated as 27% on the hammer price, inclusive of the currently valid legal Value-Added Tax, currently 19%, which under para. 25a differential taxation, will not be shown. If there is a copyright resale charge or KSK, this is also due. The premium is increased by 3% for live-bidders.
9. A winning bid can be accepted conditionally. In this case, the bidder is bound by his bid for three weeks. Non-cash payments must be made within ten days from the date of winning the bid/purchase. Costs in connection with non-cash payments are to be paid by the purchaser. If payment is not made by the due date, the purchaser will be charged interest at 5 percentage points over the base interest rate. Auctioned items will not be released until all amounts due from the sale have been paid in full, ownership and actual possession are transferred in the condition in which the auctioned item is in.
10. The successful bidder is obliged to collect the auctioned item within six days. If he does not do so despite being given a warning with ten days' notice, Ruef is entitled to transfer the auctioned item to a warehouse keeper. The successful bidder undertakes to pay the transport and storage costs arising from this. Ruef declares that the warehouse keeper will be chosen with care. Ruef accepts no liability for any damage caused by the transport or storage of the auction item. Storage costs are displayed at Ruef's premises.
11. The auction item will be stored by Ruef between the successful bid and the transfer to storage. Ruef accepts no liability for damage to the auction item which occurs during this time. This does not apply if the storage, either through gross negligence or deliberately, did not meet the standard of care of a prudent businessman or if the damage was caused by Ruef's people, either deliberately or through gross negligence.
12. If the successful bidder does not pay what is due from the successful bid or sale, Ruef is entitled to enforce the claim against the successful bidder, including all ancillary cost, in its own name, both in and out of court. However, Ruef can, in its own discretion, give the seller the successful bidder's name and address, so that they are in a position to claim the part of the price due to them, in court. Ruef can assign its right to payment of the premium to the seller or enforce it itself.
13. The seller warrants that all statements made by him about the items entered into the auction, are correct. Ruef excludes all liability for the accuracy of statements about dating, attribution and provenance, unless, for Ruef, the inaccuracy was immediately recognizable or clearly doubtful.
Place of performance is Landshut. German law is applicable. The United Nations law governing the
1. international sale of goods (CISG) is not part of this agreement.
2. Landshut is agreed to be the exclusive place of jurisdiction for a contract with
- a seller/purchaser who is a merchant in the sense of the commercial law,
- a seller/purchaser who has no general domestic place of jurisdiction;
- a seller/purchaser who moves his domicile or usual place of residence abroad after completing the contract or whose place of residence is unknown
These conditions apply not only to a sale in the auction but also, in the same way, to the subsequent sale or free sale.
