Conditions of Consignment
1. Venator & Hanstein KG (hereafter V&H) sells by public auction as commission agent in its own name on account of its clients (consignors). Until the transaction of the auction the consignor is bound by the order. In the absence of an agreement to the contrary, any objects which are not sold at the auction may furthermore be sold by V&H in the open market, including online sales, within three months after the end of the auction under appropriate application of the present conditions of order placement.
2. The consignor guarantees that he is the owner of the items with power of disposal or is authorized to act for such owner. The items are used goods. The consignor shall assume liability for material defects and defects of title of the consigned property with corresponding application of the law of sale, provided, that the limitation period shall begin from the time of the award. The limitation period for claims on material defects affecting the authenticity shall be twelve months, on other defects six months. Liability of the consignor shall be excluded, if V&H effectively has asserted a disclaimer to the buyer.
3. Settlement is made subject to the single hammer prices. The consignor will pay:
a) 17% (+ VAT) of the hammer price in the case of items up to € 2000 each
b) 13% (+ VAT) of the hammer price in the case of items over € 2000 each, as commission to V&H.
All objects in the catalogue „Bücher, Autographen, Graphik" will be professionally photographed for the online presentation. The consignor will be charged for this € 5 each.
In the catalogue 'Moderne und zeitgenössische Graphik' generally all objects will be pictured in colours and charged € 25 for the usual 1/6 page. The charge for colour plates is € 350 and black-and-white plates € 80 for full page photographs, smaller pictures will be charged on a pro-rata basis depending the size (e.g. € 175 respectively € 40 for half page photographs). All of these costs are subject to VAT. Illustrations are at the discretion of V&H.
For original works of art and photographies created after January 1, 1900, a percentage of 1% is rated subject to the resale rights tax.
4. In addition to the auction, V&H undertakes responsibility for cataloguing, presentation of the catalogue online, storage, insurance, exhibition, advertising and payment of the resale rights tax.
5. The objects are sold for at least two thirds of the estimated prices printed in the catalogue or at the minimum (reserve) prices stated overleaf. Minimum prices may be stipulated for objects estimated as from € 2000. Even if no bids are initially received, calls may be continued at any event up to the minimum price. lf an agreed minimum price is not achieved, the auctioneer may knock down the object under reserve. A subsequent increase of the minimum price is excluded. lf objects are not sold because of not achievable stipulated minimum prices, V&H may charge 5% of the minimum price as expense allowance in addition to the agreed expenses . For unsold objects V&H will charge no fees.
The storage of unsold goods is free of charge only up to three months after the auction. After this time the consignor will be charged 1% of the estimate price per month - at least € 15 - for insurance and storage.
6. The auction items must be delivered to V&H - and if necessary taken away again - at the expense and risk of the consignor. V&H will insure the items at its own expense for the estimated price against burglary, fire and water pipe damage during the period of its custody. In the event of other damage, particularly to frames, V& H is liable only for wilful intent or gross negligence. lt is not possible to store packaging.
7. The auction proceeds will be collected by the auctioneer. Within six to eight weeks after the end of the auction the consignor will receive a statement of account and, according to his instructions, the auction proceeds less the commission and any costs incurred, provided that the proceeds have been received by V&H. lf V&H does not receive the auction proceeds, V&H may without legal disadvantage subsequently, i.e. after notification of execution of the order, disclose the identity of the buyer to the consignor. lf the item has already been handed over to the buyer, V&H will be liable to the consignor for the proceeds. Costs for non-cash disbursement will be borne by the payment recipient.
8. The binding Conditions of Sale for the buyer will be made aware separately; the consignor agrees with its contents, particularly, that the auctioneer is entitled to reserve the right to bring down the hammer or to refuse to accept a bid if there is a special reason.
9. This contract comprises all points of agreement between the consignor and V&H. No incidental verbal agreement exists. Amendments and supplements to these conditions of consignment are effective only in written form; this does not apply to approval of conditional acceptance of a bid.
10 German law shall apply exclusively. The provisions of the uniform Hague purchase laws (EAG/ EKG) and the United Nations Sales Convention on Contracts for the International Sale of Goods (CISG) are not applicable. As far as this can be agreed, the place of performance and jurisdiction is Cologne. lf any provision of this contract is or becomes completely or partially invalid, this w ill not affect the validity of the remaining provisions.
Henrik R. Hanstein, publicly appointed and sworn auctioneer
Karl-Heinz Knupfer, publicly appointed and sworn auctioneer