SPITZWEG, CARL1808 München 1885Der Herr Pastor (Morgenspaziergang - Pfarrers Morgenspaziergang -

Conditions os Sale

1. All auction goods are sold in the name and on behalf and for the account of third parties in Swiss currency. The payment becomes due with the acceptance of bid.
2. This catalogue was prepared to the best of one’s knowledge and belief and based on the descriptions transmitted to Dobiaschofsky Auktionen AG. However every liability is excluded for the information provided. Signatures, attributions, periods, possible repairs, condition etc. have to be verified by the prospective buyer or by an expert of his choice before the auction, during the exhibition and expert’s reports, as far as available and mentioned in the text have to be consulted. Any liability for any legal or material defects is excluded. Complaints after the acceptance of bid cannot be taken into consideration. As Dobiaschofsky Auktionen AG sells on behalf of third parties, who can sue the house based on the conditions of consignment, no lot can be taken back. Buyers should therefore thoroughly examine the object during the exhibition. Extreme caution is recommended during the exhibition, as every visitor is responsible for any damage caused by him. The objects are sold in the condition they are in at the time of the sale.
3. Orders and bids can be submitted via our homepage, in writing or during the exhibition via our staff. They are binding and irrevocable. Orders submitted over the telephone have to be confirmed subsequently in writing. Any written or oral bid is considered as a binding purchase offer, as long as it is not outbid. Written bids stand in concurrence to bids in the room and to telephone bidders. Bid-orders are understood to be without buyer’s premium and VAT. Bidders are asked to fill in the purchase orders with care. In case of discrepancies between the catalogue number and the object details, the catalogue number is decisive. Bids below the reserve prices cannot be taken into account. Bidders that personally take part in the auction have to identify themselves with their name and address at the reception before entering the auction room and will receive against signature a bidder number allowing them to bid in the auction hall.
4. The sale follows the order indicated in the catalogue and auction schedule (+/- 45 min.). Dobiaschofsky Auktionen AG has however the right to combine, divide, omit catalogue numbers or to change the order of the sale. Simultaneous bids are immediately called out a second time. In case of double written bids, the date of receipt is determining.
5. The following buyer’s premium is added to the hammer price for every single object: Hammer price up to and including CHF 200’000.-: 22% hammer price from CHF 200’000.-: 20%. This commission is subject to Swiss VAT of 7.7% that has to be paid by the purchaser. Regarding the lots marked with *, the hammer price and the commission are subject to Swiss VAT. After presentation of an export declaration duly stamped by the Swiss customs authorities for the lots marked with *, Dobiaschofsky Auktionen AG will refund the Swiss VAT. The transfer of ownership only takes place after full payment of the total amount due, but the risk passes already to the buyer with the fall of the hammer. The purchased items are only delivered after cash payment or after the amount owed has been credited to our bank account. In case of delayed payment the buyer is liable for any resulting damages. Furthermore, he will be charged with a monthly interest rate of 1% for the outstanding amount. Dobiaschofsky Auktionen AG may in this case demand the fulfilment of the purchase contract or claim damages for non-performance of the contract, declare the buyer’s rights forfeited and put the lot again up for auction at the expenses of the buyer. In this case the buyer is liable for the loss of profit, but has no profit claim. He is not allowed to place a bid.
6. All purchased lots have to be collected within 10 days from the first Tuesday after the sale. (The auction house remains closed on Monday after the auction.) During the sale, no items can be handed out, except after the afternoon-sales to a limited extent for foreign buyers and against cash payment only. The items are unpacked. Uncollected goods after the reference dates aforementioned are stored at the buyer’s risk and expenses and are subject to a storage fee (of CHF 2.- per day and piece). Dobiaschofsky Auktionen AG assumes no warranty for items not collected in time.
7. If the work of art cannot be picked up personally and a transport or shipment is desired, the buyer is requested to contact Dobiaschofsky Auktionen AG immediately after the auction, in order to get a quote from a transport company. Dobiaschofsky Auktionen AG does not carry out package and shipment itself. The buyer bears all costs and risks of any shipping or transport. Dobiaschofsky Auktionen AG assumes no liability.
8. Place of performance and exclusive jurisdiction for both parties is Berne.
With any submitted written or oral bid, the bidder is accepting all points of the above-mentioned general conditions of sale without any restriction. In the case of dispute the German original version shall prevail.