TERMS & CONDITIONS OF SALE:
By participating in the auction in person, via telephone, in writing, or via the Internet, you agree to the following terms:
I General Terms
(1) Participation in the auction is voluntary.
(2) Wendl Auctioneers (herinafter referred to as the “Auctioneer”, "we" or "us") conduct the sale on behalf of and for the account of a third party. This does not apply to objects put up for sale by the Auctioneer on his behalf and for his account.
(3) Each consignor is assigned a number to enable the Auctioneer to track the consigned lots. Lot no. 11 is reserved for objects put up for auction by the Auctioneer on his behalf and for his account.
II Pre-sale Exhibition, Guarantee, and Liability
(1) The Auctioneer makes every effort to ensure the accuracy of the catalogue descriptions. They rely in part on information given by the consignors. However, the descriptions are qualified statements of opinion only and are no warranties or agreement on the legal and factual nature of the lots. This also applies to additional information and condition reports given upon request. We reserve the right to update and correct catalogue descriptions before the sale. The sale preview enables buyers to view and check all lots before their sale at auction. Damages and wear are only mentioned in the catalogue description if they, according to our opinion, distinctly compromise the overall visual appearance of the lot. Damages, flaws, restored areas, etc. are taken into account when setting the reserve ("Limit"). All lots are sold “as is.” If no specific flaws or defects are mentioned, this does not imply that a particular object is in perfect condition. Books, journals, files, etc. are not collated. Patination or oxidation due to age is not specifically noted. Measures are rounded, and dimensions are given in the sequence height/width/depth. Signatures, hallmarks, etc. are read from the object but not externally verified; errors excepted. Allocations and/or references to literature etc. are statements of opinion and are not guaranteed. We encourage prospective purchasers to check themselves and to take advantage of the pre-sale exhibition to examine the objects in person. We do not specifically mention defective frames. Frames and glass serve a protective purpose and have no bearing on setting the reserve price. Possible damage on the frames and glass, including such occuring during transport, do not entitle buyers to claims of any nature. Please note that photographs of paintings or graphic works of art in the auction catalogue do not necessarily show the complete frame or may show only the object itself. Also, photographs may not be representative of an object’s true colors. The pictorial supplement in the catalogue provides additional information and is subject to correction. In case of discrepancies between the photograph and the description of a particular lot, the written text is authoritative. If an artist is identified for sculptures, we refer to the artist conveiving the model - the date given similarly refers to the conception of the original model. The specific cast sold might be excecuted significantly later, even after the artist's death. Jewels are, if not specifically described as "geprüft" (tested) not tested (including if they are natural or synthesised or composition stones, imitations, have been enhanced with technical or chemical means, etc.). If certificates are available, their content is adopted but they do not offer any guarantee. Clocks, watches and other lots with mechanical features are sold on the basis of their decorative value and age; they are not assumed to be in working condition. Please refer to the "Erläuterungen zur Katalogbeschreibung"/"Annotations to Catalogue Descriptions" in oder to understand the terminology used in our sale catalogues. In all cases, the true condition of the lot at the time of sale is the agreed upon condition (vereinbarte Beschaffenheit) according to the applicable German legislation §§ 434ff BGB).
(2) The Auctioneer assumes no liability for the catalogue descriptions and does not guarantee the age, origin, size, weight, signatures, hallmarks, material, or damages of the objects offered in the sale. In instances, where a buyer informs us about a defect within the specified legal period of liability, we will get on touch with the consignor to address the issue. Any claims must be made within one year of the collection of goods. In special cases, such as when a lot’s authenticity is in question, we will work with the purchaser to remedy the situation vis-à-vis the consignor. In this case the purchaser is required to obtain, at his expense, a written expertise from a recognised expert in the field within four weeks following the sale. A late collection of his/her goods is considered equal to having handed over the object at the usual time after the sale. The auctioneer may still claim comission fees on a returned object.
(3) We advise visitors to use caution when visiting the pre-sale exhibition and attending the auction as they are liable for any damage they may cause. Any claims for indemnity or compensation because of violations of duty by the auction house are limited to criminal intent or gross negligence.
(4) The Auctioneer reserves the right to exclude persons from the sale, specifically if they disturb the preview or sale and/or if they have open bills to settle or lots overdue for collection. Trade and exchange of goods is not permitted to unauthorised persons on the premises. If discovered, indemnity claims might be made on behalf of the auction house and a ban on entering the house issued.
III The Auction
(1) A lot is usually called to auction at the reserve noted in the catalogue. Lots without a reserve are called at Euro 10,00, unless we have in hand several higher written bids. Bids up to the amount of Euro 180,00 increase in steps of Euro 10,00, bids above Euro 180,00 increase by approximately 10%. The winning bid is arrived at when all but one bidder drop out, the Auctioneer has repeated the last bid three times, does not obtain a higher bid, and when the reserve is met. The final bidder is the successful buyer. The Auctioneer brings down his gavel on the rostrum and declares the final hammer price.
(2a) The Auctioneer, at his sole discretion, may reject a bid. In that case the preceding bid becomes the winning bid. If several bidders offer the same amount, the Auctioneer decides over the bid. Disagreements over a bid may be resolved, at the Auctioneer’s discretion, by calling for a repeat of the bid in question. This may also be done in cases where the Auctioneer may have missed or overlooked a higher bid. If the winning bidder refuses to honor his bid, the Auctioneer is entitled to award the lot to him and to avail himself of any legal remedies to force completion of the sale. He may also, at his sole discretion, award the winning bid to the preceding highest bidder or may call up the lot in question again. Once the Auctioneer’s gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot, including the risk of loss, damage, etc. Each bidder buys on his behalf and for his account. A bidder who acts on behalf of a third party is personally liable for payment and removal of the purchase, even if the invoice is in the third party’s name. The purchaser is required to make full payment in cash at the end of the auction. New customers who do not pay in cash are required to submit a banque approved cheque. The Auctioneer reserves the right to request securities (i.e. references, cash deposit, etc.). Purchasers, who submitted a written bid, are required to make payment in full within 10 days upon receipt of our invoice. Customers who fail to pay their invoice within the specified time frame incur interest charges of 1% of the billed amount per month. The goods will be released to the purchaser upon payment of all charges. We credit your account as soon as payment has been posted to our banque account.
(2b) Telephone bids are taken for objects with a reserve of Euro 240,00 and above. We do not accept bids below the reserve from telephone bidders; therefore, when bidding by telephone the bid must be at the reserve. Telephone bidders may provide us with a second bid (safety bid) that is higher than the reserve, in case the bidder cannot be reached by telephone when the desired lot is being auctioned. In this case the Auctioneer will continue to bid up to the amount of the safety bid. If we don’t receive a safety bid, we bid at the reserve. We cannot guarantee for the telephone or online LIVE connection during the auction.
(2c) If you would like us to ship your objects upon payment, please note the following: We require a written request from absentee bidders to ship the purchase. Inclusion of the quoted flat rate shipping charge with payment represents an order to ship the goods. We exclusively use the services of DHL and ship at the purchaser’s risk. However, possible damages to the lots that occured due to shipping via DHL are insured by us via Artima Insurance (by Mannheimer Insurances) up to the following sums: 25.000 Euro within Germany, 10.000 Euros for shipment outside of Germany, and 5.000 Euros for jewellery in both cases. Please contact us for additional insurance if needed.
The flat rate for shipping within Germany includes postage and handling and, depending on size and weight, ranges from Euro 8,00 to ca. 30,00. We can ship up to a package size of 120x 60x60 cm. We do not ship large paintings, graphic art framed in glass, fragile objects, porcelain or glass sets, etc. We require removal of purchases within three weeks, as we do not have sufficient storage facilities on the premises, else the goods will be stored at the purchaser’s risk and expense at a cost of Euro 1,00 to Euro 3,00 per item per day.
We hereby point out that import and/or export restrictions, especially but not exclusively outside of the European Union, might apply to specific objects and materials (including ivory, rhino tooths, tortoise shell, etc.). This might restrict or prohibit the import or export of such lots, including postal shipping. It is the buyer's responsibility to inform him-/herself if a lot sold to him/her is subject to such restrictions and if and how an export license or similar needs to be requested. He/she then needs to make such documents available to the auction house if they are to send the lots on their behalf. Any costs, taxes, fines or similar occuring on this account must be paid for by the buyer. A combined value of lots of 1.000 € always demands an export declaration to be made to the German customs authorities. We, the auction house will provide those necessary documents in the case of DHL-shipping of the lots - for any other modes of goods collection the buyer has to do so himself. National as well as international laws and conventions must be observed when exporting lots within and outside of the EU (e.g. the German "Kulturgutschutzgesetz" (Law for the Protection of Cultural Goods) from 2016. the European Cultural Goods Convention from 1993 and the UNESCO Convention from 1970).
(3) Any winning bid below the reserve automatically becomes a conditional sale, even if this is not specifically stated. In this case, the bidder is bound by his bid for four weeks. However, at any time, the lot may be awarded to a bidder offering the reserve price or to a bidder, who makes a higher bid.
(4) The hammer price is a net price, to which a buyer’s premium of 18% is added. To the buyer’s premium a value added tax of 19% is added, resulting in a total buyer’s premium of 21.42%. The value added tax is payable on the buyer’s premium only and is non-refundable in case the goods are exported.
For a lot won through online LIVE-Bidding via the-saleroom.com, we additionally surcharge (on the hammer price) 3 % + VAT to be passed on to the-saleroom.com.
(5) The winning bidder is required to complete the purchase and to make payment in full. He assumes ownership, full risk and responsibility for the purchased lot, including the risk of loss, damage, etc. The goods are transferred into his possession upon full payment.
(6) If the buyer does not collect his object(s) in a timely manner, the Auctioneer may use any available legal remedies to force compliance or may cancel the sale. If the Auctioneer demands compensation, he is entitled to claim 30% of the hammer price as a lump sum but, at his discretion, he may also pursue a claim for higher compensation. Further, the Auctioneer is entitled to pursue, in addition to his own claim, a claim of the consignor in or outside of court. The Auctioneer, at any given time, may switch from a claim for performance to a claim for damages.
(7) Packing and storage of goods is done at the buyer’s risk and expense. Items not collected in a timely manner incur customary storage and handling charges. All objects are shipped by mail at the buyer’s risk and expense, unless other arrangements were made with us in writing. Inclusion of the shipping charges with your payment constitutes an order to ship the merchandise.
(8) The Auctioneer is entitled to offer paid for goods that have not been collected within four months after the sale in a future auction at no reserve in lieu of compensation for storage expenses. Any proceeds above the Auctioneer’s expenses are refunded to the customer. In cases where the proceeds do not cover the Auctioneer’s expenses, the customer is liable for the difference.
(10) The approval of written bids, telephone bookings or online LIVE bidding is an additional service of our house. We do not guarantuee any processing or executing without fault.
IV Sale of Objects from the Third Reich
Insofar as objects from the Third Reich are offered at auction, this is done solely for the purpose of enlightenment or warding off of anti-constitutional activities, for artistic, scientific, research, educational, historic, and similar purposes.
V Place of Fulfilment
The place of performance is Rudolstadt. The applicable legal jurisdiction is Germany; the UN Agreement CISG is not applicable.
VI Post-Auction Sales
The above stated terms and conditions also apply to the Post Auction Sale.
IX Final Provisions
In case any provision of the Terms & Conditions of Sale is rendered ineffective, the rest of the legal provisions remain effective. The parties agree to substitute the former with a provision that serves the intended purpose. This also applies to grave omissions of provisions necessary in the contract. In case of discrepancies between the German and English text of the Terms & Conditions of Sale the provisions in German shall prevail - any translation into other languages is merely done for informative purposes.
Valid as of 25.09.2018
ANNOTATIONS TO CATALOGUE DESCRIPTIONS ("Erläuterungen zur Katalogbeschreibung")
For catalogue descriptions of the category "Paintings" („Gemälde”) we define the used terminology as followed:
Measurements: Measurements are made in centimetres, in the order of height x width. If two sets of measurements are given, the latter applies to the frame.
„zugeschrieben”: According to our opinion probably completely or in parts a work of the referenced artist.
„Werkstatt/Schule”: According to our opinion from the workshop of the referenced artist, probably made under his/her supervision.
„Umkreis”: According to our opinion a work made during the lifetime of the artist and showing his/her influence, alhtough not made by his/her hand.
„Nachfolge”: According to our opinion a work made in the style of the artist but not necessarily by one of his students and without any binding judgement of its time of execution.
„nach”: According to our opinion a copy of a work by the referenced artist.
„Art des”: According to our opinion a work in the style of the referenced artist made posthumously/at a later point in time.
Titel in „...”: The title is either given on the work itself or a commonly used title to be found in common reference material.
„signiert/monogrammiert/datiert”: If not further restricted by the rest of the catalogue description, we assume the work to be signed ("signiert"), monogrammed ("monogrammiert"), or dated ("datiert") by the artist him-/herself.