Kunst- und Auktionshaus Doebritz: Conditions of Sale
1. the auctioneer auctions in the name and for the account of the client.
2. the auctioneer reserves the right to combine or separate lots in the catalogue and, if there is a special reason, to offer or withdraw lots out of sequence.
3. all items to be auctioned can be inspected and examined prior to the auction. The items are used. The auctioneer assumes no liability for defects; he declares that he is prepared to notify the consigner, if possible, of any justified complaints about the purchase made in good time within the legal warranty period. Complaints directed against the auctioneer cannot be considered after the knockdown.
4. the knockdown shall be awarded if no overbid is submitted after a bid has been called three times. The Auctioneer may reserve the right to accept or refuse to accept the bid as representative of the Consigner.
If several persons submit the same bid at the same time and no overbid is made after three calls, the knockdown shall be decided by drawing lots. The auctioneer is authorised to withdraw the knockdown and to offer the item again if a higher bid submitted in good time has been overlooked by mistake or if there is any other doubt about the knockdown (§2 clause 4 VerstV).
5 The acceptance of the bid obliges the bidder to take delivery. Upon acceptance of the bid, possession and risk of the auctioned item shall pass directly to the successful bidder; ownership shall not pass until payment has been received in full.
6. the buyer must pay the hammer price plus 26% buyer’s premium to the auctioneer in cash immediately after the hammer falls; later or non-cash payment is only permitted with the auctioneer’s agreement.
Invoices issued during or immediately after the sale require special verification and possible correction due to overloading of the accounts. Errors excepted.
7. if payment is not made immediately to the Auctioneer or acceptance of the knocked down item is refused, the item shall not be handed over to the Buyer; the Buyer shall instead forfeit his rights arising from the knockdown and the item shall be auctioned again at his expense. In this case, the buyer shall be liable for the loss, but shall have no claim to the additional proceeds and shall not be admitted to a further bid.
8. the auctioned items must be collected within three days, otherwise the items will be handed over to a forwarding agent for storage at the buyer’s expense and risk. The auctioneer accepts no liability for any damage to or loss of the items. All storage and transport shall be at the risk and expense of the buyer.
9. the Auctioneer may collect and sue for any outstanding funds, purchase price arrears and secondary payments in his own name. The auctioneer’s registered office shall be the place of jurisdiction and place of fulfilment for all obligations of the buyer.
10. by submitting a bid or placing a written order, the buyer recognizes the auction conditions. Written bids must be received by the Auctioneer at least 24 hours before the auction, otherwise their fulfilment cannot be guaranteed. This also applies to bids submitted by email.