Conditions for Consignors
This English translation is only for information of the clients.
In legal sense the German version is authoritative.
1. The auctioneer is entitled by the consignor to put up for auction the lots on the enclosed list according to the following conditions for consignors and the general auction terms. The auctioneer does this in his/her own name and on the consignor‘s account, or sells them in a post-auction sale.
2. The person to do this is determined by the auctioneer. Claims resulting from the auction and in connection with it can only be made against the auctioneer.
3. The consignor states to be the owner of the listed objects put to auction or to have the right of disposal.
4. After signature of this contract the consignor sends, if this has not yet been done, without delay the items to be put to auction to the auctioneer on his own account and at his own risk. The consignor is responsible and liable for the costs of delivery and collection of unsold lots.
5. From the day of their arrival on the premises of the auction house VON ZEZSCHWITZ Kunst und Design GmbH & Co. KG or from the moment of their being handed over, the objects are insured at the agreed limit price against burning, burglary, theft, breaking and mains water damage until the conclusion of the bidding or four weeks after the auction in case they are not sold. Further claims by the consignor are excluded, except the damage is caused by the intention or negligence of the auctioneer, his legally appointed deputy or his agent.
6. The objects put to auction are estimated by the auctioneer. During the auction the hammer price may not fall below the minimum price agreed with the consignor. The estimates are indicated in the sales catalogue. In case the reserve price is not reached in the auction, the auctioneer may knock down the lot with reserve; in this case the bidder is bound to his bidding for four weeks after the conclusion of the bidding. The auctioneer informs the consignor of this reserve if he cannot otherwise reach the minimum price. In case the auctioneer does not receive notice by the consignor in due time before the time of the bidding runs out, all the detriments including the object remaining unsold go to the consignor. The auctioneer is entitled to knocking down with reserve, if there is an important reason. This reserve may be cancelled by the auctioneer without the consignor‘s consent.
7. a. Commission Rates for the Auctioneer:
15 % on the successful hammer price above € 1500.-
20% on the successful hammer price below € 1500.-
The auctioneer is entitled to these charges even if a sale is prevented by reasons for which the person of the consignor is responsible.
b. Costs of transport, expert‘s report, repair and restoration which are thought necessary in connection with the consignments may be charged on the consignor‘s account. The same applies for costs caused in the consignor‘s interest even if the auctioneer does not inform him in advance.
c.Charge for Resale Royalty Rights
In the case of original works of art later than 1900, the auctioneer is legally obliged (Folgerecht, § 26 UrhG) to pass on an extra charge to the German Verwertungsgesellschaft Bild-Kunst. The consignor is charged 4% of the hammer price for Resale Royalty Rights. Lots subject to that regulation are marked in the list of the consigned objects with the indication 'Folgerecht'.
d. Costs of catalogue illustrations are graded from € 20 to € 150 per each photo of a lot. The exact cast of catalogue illustration depends on the number of objects per image and the number of images per catalogue page. For unsold lots € 12 plus VAT will be charged for the photo in the catalogue and in the internet. The following table shows the cost of catalogue illustration in detail:
|Objects per image||1||2||3||4|
|Images per catalogue page|| || || || |
|1||120€||80 €||50 €||25€|
|2||80 €||50 €||25 €||20 €|
|3||45 €||25 €||20 €||20 €|
|4||30 €||20 €||20€||20 €|
|5||20 €||20 €||20 €||20 €|
|double page||150 €|| || || |
The auctioneer is committed to send the consignor a written account within four weeks after the auction at the latest. The sum mentioned in the account is due 6 weeks after the auction, provided the buyer‘s payment was made. After that period in each case the payment will be made one week after the buyer‘s payment arrived. In case of a currency other than €, the account is generally based on the exchange rate of the auction day. The payment may also be based on the exchange rate of the day the auctioneer received the buyer‘s payment. The auctioneer has the right to subtract his commission fee plus the due costs. In case the auctioneer does not receive the money from the buyer, he is not legally liable for the business even if he releases the name of the buyer to the seller after the conclusion of the purchase. He is only liable if he handed out the lot to the bidder without the consignor‘s agreement before the complete payment. In case the bidder does not pay, the auctioneer has the right but not the duty to take legal action against him. In this case he may hold the consignor liable for the court and lawyer‘s costs that remain unpaid by the buyer or another lawsuit party. The consignor may ask the auctioneer to pass him the claims against a buyer in arrears in case the auctioneer is not successful in making the buyer pay. After payment was made the consignor has to pay the sum due to the auctioneer.
Objects put to auction that were not sold in the auction, can be sold during the 4 weeks following the end of the auction. The same applies to lots that were sold with a reserve that was not cancelled. There is an agreement that such a sale may not be made below the limit. In case the lot is sold, the auctioneer is entitled to his commission fee and the reimbursement of his spending as it is mentioned in § 8 b.
Lots not sold in the auction have to be collected by the consignor within three weeks from the receipt of the account. Return of unsold objects is at the consignor‘s expense and risk. The auctioneer expects the collection of unsold objects according to § 10 and 11 even before this time is over, if in his estimation no buyer can be found for these objects.
The consignor is legally responsible for all objective or legal deficiencies of the objects. This liability is excluded if the auctioneer has agreed with the buyer on an exclusion of liability. The consignor exempts the auctioneer from all claims that might be brought forth against him for whatever reason in connection with the auction or the post-auction sale, if such claims are not based on intention or gross negligence from the side of the auctioneer, his legal deputy or his agent. This exemption comprises the fulfilment of justified as well as the rejection of unjustified claims.
This auction contract cannot be cancelled by the consignor before 6 weeks after the end of the auction in which the consignor‘s lots were put to auction save as provided in § 11. This does not apply to the right of a cancellation without notice because of an important reason. If the consignor makes use of this right, the auctioneer is still entitled to costs according to § 8b. The auctioneer is entitled to a commission fee even if he had to cancel the contract because of actions by the consignor that were contrary to the contract.
The auctioneer may totally or partly postpone the auction for serious reasons. In this case the consignor as well as the auctioneer is bound to the auction contract provided that the auction takes place within 2 months from the original date. Otherwise the contract is no longer valid. The auctioneer is entitled to his fee according to § 8 b only if the auction had to be cancelled because of an act of God. The auctioneer may totally or partly cancel the auction because of a serious reason. In this case claims from the side of the auctioneer against the consignor are determined by § 8b.
Place of payment and fulfilment and court of jurisdiction is Munich.
This contract is governed by and interpreted in accordance with the laws of the Federal Republic of Germany. The standardized UN purchase law (CISG, BGBI II 89) is excluded.
Should any provision of these Conditions of Business be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.