Page 129 - 24th OstLicht Photo Auction

CONDITIONS OF SALE

for bidders of OstLicht Photo Auktion (OstLicht GesmbH) October 2021

1 By submitting an absentee or telephone bid, making an online 8 Bids will be in increments of approx. 10% of the starting price.
bid offer or by personal participation in an action each and every bidder As a rule the start price is the one to be found in the catalogue unless there
agrees to abide by the following conditions of sale. These conditions also have been higher written bids. In this case the auctioneer will call a bid
apply to subsequent sales. Where there is a conf ict of meaning due to favoring the highest bidder. This will be approx. 10% higher than the written
errors of translation, the German text, as printed in the auction catalogue, offer made by the second highest bidder. Should there be more than one
is binding. Commission bids and personal information of those submitting written, highest bid, the lot will be awarded to the f rst to arrive. The
lots for sale and bidders will be dealt with by OstLicht Photo Auction in the hammer price is the net purchase price.
strictest conf dence and will not be passed on to third parties.
9 Ownership of the goods only passes to the buyer after payment
in full has been made. When a lot is hammered down, the acquirer is
2 The auction is public and voluntary and will be conducted in obligated to accept and pay for the lot for which he bid. In no circumstanc-
accordance with the regulations set forth in paragraph 288a ff of the Trade es will the auctioneer accept the return of any lots. Once the hammer has
Regulations of 1997 and also in accordance with these conditions of sale. fallen all risk with regard to the article is transferred to the acquirer.
The auction will be conducted in our own name and account. Place of However, the lot will only be delivered to the acquirer after full payment of
jurisdiction is Vienna. Austrian law is also binding on all foreign bidders.
the hammer price including all taxes, fees and charges due.
Should agreement be reached to deliver the item before full payment has
been made, ownership of the article in question remains vested in the
3 The valuation and expert description of objects will be carried supplier until payment has been made in full.
out by the experts of OstLicht Photo Auctions who will take all reasonable
care to describe the condition of the lots in the catalogue as accurately as
possible. All errors in the catalogue are excepted. OstLicht Photo Auction 10 In the absence of an agreement to the contrary, at the end of
also reserves the right to amend any description up to the time of auction. the auction bidders in the auction rooms must collect and pay for the lots
Auctioned items cannot be returned (see also paragraph 12). they have acquired. Where payment is to be made by bank transfer, the
total purchase price is due immediately together with any bank charges.
Invoices for the items acquired either in writing or by telephone will be sent
4 Viewing of the objects intended for the auction is possible within to the highest bidder immediately after the end of the auction. These must
the period stipulated in the catalogue. If it is not possible for a bidder to be paid within 8 days of receipt, in full and without deduction. Where
view an object in person, we will be happy to forward them a more detailed payment is delayed interest will be due at a rate 5% above the prevailing
description of the optical condition. This information may be given by rate of the „European Interbank Offered Rate“ (EURIBOR) / 3 months.
telephone, in writing, or by e-mail. Additional photos can only be sent by Payment may also be made by cash on delivery, money or postal order or
e-mail. During both viewing and the auction visitors and bidders should banker’s check. The acquirer accepts responsibility for all expenses
exercise the greatest of care since they will be responsible for any damage involved in these methods of payment. Costs relating to packing, transport
caused in full. and transport insurance are not included and will be separately detailed on
invoices. We would also like to bring to your attention that we only invoice
for packaging at cost price and that because of agreements reached with
5 Written bids may be submitted prior to the start of the auction transport companies we can offer favorable transport and insurance rates.
(by letter, by e-mail at info@ostlicht-auction.com or an online offer through Nevertheless, storage and packaging is at the buyer’s own risk.
our website). Written purchase orders must reach the auctioneer at least The auction house is entitled to collect a storage fee of 1–10
24 hours before the start of the auction and must be clearly legible. In EURO (depending on the size and value) per day and item for items
order to be taken into account they must also contain the client’s exact auctioned which have not been collected after the expiry of 30 business
address as well as their highest bid in EURO. The price specif ed therein days from the date of the invoice.
will be regarded as the highest hammer price. In the case of a successful
bid, all additional charges will be added to the bill. We carry out written bids 11 In the case of refusal to accept delivery or late payment, the
scrupulously, the highest bid designated therein only being made use of buyer is liable for all damages and costs arising there from. In either of
when other offers (written or verbal in the auction rooms) make it these cases the auctioneer may require that either the contract be fulf lled
necessary to do so in the interest of the bidder. Telephone bids are only or damages resulting from non-fulf llment be paid. The lots may then be
possible on lots worth more than EURO 500 exclusive of charges. In the auctioned again at the expense of the buyer. In this case the buyer is liable
case of telephone bids too, it is necessary that the intention to bid by for the reserve price and has no claim on any additional revenue made.
phone be deposited in writing with the auctioneer at least 24 hours prior to
the auction. Telephone bidders will then be called by OstLicht Photo
Auction before bidding starts on the relevant lots. However, there can be 12 Auctioned items cannot be returned. However, any case of
no guarantee that a telephone connection can, in fact, be made. After obvious misrepresentation must be reported immediately after the auction
having been legitimated by means of an identif cation document or credit verbally or in writing not more than 14 days thereafter. If the complaint is
card, auction-room bidders will be given a bidder number before the accepted as valid, the buyer has a right to the repayment of the purchase
auction starts. price and charges upon simultaneous return of the auctioned object. No
other claims will be entertained.

6 The total purchase price for all lots consists of the hammer price
plus the premium of 26% (incl. VAT) for lots remaining in the EU. 13 After completion of the auction we are entitled to sell any
For lots that are exported to third countries or purchased with a non-auctioned items subject to the normal conditions of business in the
valid VAT number the premium is 20%. name of, and for the account of, the supplier.
When bidding on one of the live bidding platforms (e.g.
LiveAuctioneers), an additional fee of 3% to 5% will be charged, depending
on the platform.

7 The lots will be auctioned in numerical order as listed in the
catalogue. The German text of the auction catalogue is binding. The
auctioneer reserves the right to group numbered lots together during the
auction, to separate them, to remove or to change the order as he sees f t.
He may refuse an offer and rescind an accepted bid in order to continue
bidding.