These auction conditions apply to the traditional hall auction
as well as to the online auction ?Rapp Online Only?.
2. The items offered for auction are auctioned by Peter Rapp
AG on behalf of and for the account of the consigner.
Peter Rapp AG acts on behalf of and for the account of the
seller and his agent.
3. The auction takes place voluntarily and publicly against immediate
cash payment in Swiss francs. Foreign currencies
are accepted at current exchange rates or as credited by a
major Swiss bank. The day of receipt or credit applies.
Peter Rapp AG has the right to withdraw, regroup or refuse
to knock down any lot. In the event of identical bids, the
one first received takes precedence; in the event of misunderstandings,
the lot is reoffered. Bidding increments are
at a minimum of 5% and a maximum of 10%.
4. The highest bidder will be awarded the lot and is obliged to
complete the purchase. A commission of 25% is charged
on the hammer price.
5. Buyers must pay Swiss VAT (currently 7.7%) on the commission,
all postage and insurance costs, and all additional
services.
All lots marked with * in the auction catalogue are subject
to VAT in full. For these lots, Swiss VAT (currently 7.7%) is
charged on the hammer price plus commission, all postage
and insurance costs, and all additional services.
The value added tax is inapplicable if the lots purchased at
auction are shipped abroad by Peter Rapp AG. Value added
tax will be invoiced to purchasers resident outside Switzerland
who personally collect the lots in Wil. However, it can
be refunded later on if an export certificate that has been
legally confirmed by the Swiss customs authorities is submitted
to us. Domestic traders can deduct the VAT amount
paid to Peter Rapp AG in their own VAT account as pre-tax.
The buyer agrees that Peter Rapp AG shall also receive a
commission from the consignor.
6. Buyers have the chance to submit their bids in real time via
the online live bidding system of Philasearch, Numissearch
and Antiquessearch. To do so, you must register at www.rappauktionen.
ch. Apart from the terms of auction sale outlined
under points 4 and 5, no additional charges are incurred
when using this service.
If you would rather not place your bid via the Rapp online
bidding system and prefer a different method, the surcharge
is calculated on the basis of the respective website?s
issued terms and conditions.
7. All those persons bidding who are not personally known to Peter
Rapp AG must register by completing a form 48 hours prior
to the start of the auction. New customers must supply the
following:
· a copy of a valid passport or identity document
· a valid credit card
8. The purchased lots must be paid promptly upon receipt of
the invoice, but in no event later than within 7 days after
the end of the auction. Upon exceeding this deadline for
payment, the purchaser is immediately considered to be in
default and, in the event of delayed payment by the buyer
or refusal to take delivery, Peter Rapp AG is authorized to
charge interest, currently at the rate of 5% p.a. In the event
of payment delay on the part of the purchaser or refusal
to take delivery, Peter Rapp AG reserves the right to either
sue for performance of the contract as well as for payment
of the purchase price and indemnification, or to rescind
the sales transaction. In that event, Peter Rapp AG is authorized
to otherwise dispose the lots, particularly to sell
them by private treaty or to reauction them or to have them
reauctioned. In any event, the purchaser is liable for the
resulting damage as well as for any deficiency in proceeds.
He does not have a claim to any excess proceeds and will
not be authorized to submit further bids.
9. In principle, the lots are handed over upon full payment of
the auction invoice. It is solely in the discretion of Peter
Rapp AG to hand over the lots concurrently with invoice
presentation. The lots are privately insured by Peter Rapp
AG and forwarded to the purchaser by mail or by other means;
as a rule, as registered or valued matter. Forwarding
costs and insurance premiums are at the purchaser?s expense.
10. Until full payment of the entire invoice is rendered, title to
all purchased lots remains with the consignor. Prior to that
time, they may neither be resold, pledged nor otherwise
transferred to a third party by the purchaser. Offset pleas
of any type are precluded.
11. The lots on auction have been described conscientiously
and with greatest care. However, the description and pictures
do not represent guaranteed features. Justified complaints
must be received by Peter Rapp AG not later than
three weeks after the auction.
12. The lots presented in this catalogue are sold in whatever
the condition they are in at the fall of the hammer.
Upon the fall of the hammer, all benefits and risks in
connection with the lots transfer to the purchaser. All
prospective purchasers have the opportunity to inspect
the condition of the lots carefully in person during
the viewings held prior to the auction. Descriptions of
lots in this catalogue only reflect an opinion and do not
constitute a guarantee of particular characteristics. The
auction house shall neither be held liable for incorrect
attributions or incorrect details regarding the provenance,
date, age, origin, condition or authenticity; nor
for any other obvious or hidden defects.
12.1 Descriptions in the eCatalogue as well as copies of possible
pictures and certificates for the attention of mail or online
bidders, do not represent guaranted features and are no
guarantee for quality, quantity or genuineness of the lot.
13. If, within the time limit for claims, i.e. no longer than 25
days after the auction has ended, the buyer presents the
auctioneer a written evidence based on a recognized
expert?s report and proving that the purchased lot is ? contrary
to the catalogue description ? false, the auctioneer
will rescind the purchase and refund the purchase price on
condition that the lot is returned within the limit for claims
and in the same condition as at the fall of the hammer.
Claims received by Rapp Auctions later than 25 days after
the auction has ended cannot be accepted. Paragraph 11
applies only to watches. Items of jewellery are excluded.
14. Lots with more than one sample are excluded from any
kind of complaint.
15. All lots may be inspected in Wil prior to and during the
auction within the hours indicated in the catalogue.
Descriptions in the eCatalogue as well as copies of possible
pictures and certificates for the attention of mail
bidders, do not illustrate guaranteed features and are no
guarantee for quality, quantity or genuineness of the lots.
16. Complaints regarding the grading or disagreement regarding
the condition of the purchased auction lots are not
accepted since there is the possibility to inspect all lots
prior to and during the auction.
17. Written bids are executed by Peter Rapp AG in strict conformity
with the principal?s interests, although without recourse.
The principal may submit alternative bids and establish
an overall limit for the total of his bids.
18. Peter Rapp AG will be pleased to support any purchaser with
the shipment of the auction lots. However, Peter Rapp AG
will not carry out shipment orders to countries with special
agreements or sanctions on the import of auction goods.
The purchaser is committed to observe the foreign custom
and currency regulations etc. Peter Rapp AG strictly
refuses any responsibility occurred by the contravention of
these regulations.
19. The names of consignors and buyers are, as a matter of
principle, not revealed.
20. Peter Rapp AG cannot be held responsible for a defective
or insufficient internet connection or for technical problems
during the live auction (bidding in real time via the
internet).
21. Claims against Peter Rapp AG, arising out of delay, impossibility
of performance, responsibility in the event of
breach of contract, or tortious acts, are excluded, unless
the loss is sustained by premeditated or grossly negligent
conduct.
22. Place of performance and exclusive court venue:
CH-9500 Wil, Switzerland. However, Peter Rapp AG reserves
the right to sue the debtor at his legal residence.
Additionally, it may summarily exclude persons from the
auction.
23. The auction is exclusively subject to Swiss law.
24. Certain items which are made using the skin or fur of particular
species of animals are covered by the Convention
on International Trade in Endangered Species of Wild Fauna
and Flora (CITES). Rapp Auctions is neither authorised nor
qualified to issue the required export permits. The buyer
alone is responsible for providing these permits for his or
her purchased objects. Rapp Auctions cannot provide any
guarantees or bear the costs of any fees incurred for such
permits.
25. With the submission of bids or purchase requests, the above
Terms of Auction Sale are accepted to their full extent.
They also apply analogously to all business transactions
involving auction material conducted outside the auction.
For the purpose of construction of these Terms of Auction
Sale, the original German text applies.
Wil, May 2019
