General terms and conditions


1. The NEUSSER AUKTIONSHAUS only auctions in the name and for the account of their clients (deliverers).

 

2. The auctioneer may unite, separate and if there is a significant reason, take back numbers of the catalogue.

 

3. Every item offered may be inspected one week ahead of the auction. The items are used. Therefore does the auctioneer not take any responsibility for damages but he will try to impart complaints presented during the liability period to the deliverer of this item. The catalogues descriptions were provided to the best of the auctioneer’s knowledge and belief and thus are not guaranteed characteristics according to §§ 459 ff. BGB. Complaints can not be considered after the fall of the hammer.

 

4. The acceptance of a bid is given if after three calls no higer bid is given. The auctioneer may retain and withhold the bid in the name of the deliverer if there is a significant reason.

If several clients bid at the same time and no higher bid is placed after three times, acceptance of the bidder will be decided per lot. The auctioneer is authorised to withdraw the acceptance of a bid and offer the item again if a timely higher bid has been overlooked and has been complained by the bidder immediately or if doubts about the acceptance of a bid arise (§ 2 Ziffer 1 Verst. V.)

 

5.The fall of the hammer commits to a payment. With the acceptance of a bid posession and danger of the auctioned item transfer immediately  to the buyer/bidder, the right of property not until full in-payment. NEUSSER AUKTIONSHAUS guarantees that after the end of the auction the bidder and deliverer may learn name and address of each other if both parties agree to it (data privacy).

 

6. On the price of the accepted bid an additional fee of 17% plus 19% VAT (value-added tax) will be surcharged. During or immediately after the art auction made out bills need to be eminently checked and possibly corrected because of the accounting’s overwork during auction; errors excepted.

 

7. Personally at the auction attending bidders have to pay the final price (accepted bid + additional fee 17% and VAT 19%)  cash in Euro instantly after the acceptance of the bid. A later or noncash payment may only be conducted after acceptance of the NEUSSER AUKTIONSHAUS. The payment of foreign bidders who bidded in written form or were represented by a commissary is due 10 days after the date of the bill.

 

8. At delayed payment a default interest of 1 % per month is charged. When payed with foreign currency a possible exchange loss are for the buyers account. The same is valid for cheques, which will not be accepted as payment until  the full credit entry at the bank.

The buyer is also liable, even without an arrears letter, for a late payment or refusal of taking of an accepted bid for any damage caused by that. NEUSSER AUKTIONSHAUS may request the completion of the purchase agreement. It may also demand for compensation and indepently, auction the items at the expense of the buyer again. In this case the buyer is liable for a non-achievement and his rights of the purchase agreement expire. He whereas is not entitled to any additional revenues and will not be accepted to any other bid.

 

9. The buyer is obligated to receive his purchased items immediately after the auction. The auctioneer refuses any liability for already sold items. These items will however not be handed over until full in-payment. The shipping takes place on the expense and risk of the buyer.

 

10. All conditions are also valid for the post-auction sale. There may be additional or different conditions for special auctions.

 

11. Place of fulfilment and place of jusidiction, also for arrears issuess is the registered office of the auction house. If one of the conditions should be partly or fully effectless, the others remain untouched in their validity. 

 

12. The direction and administration rest on Mr Lothar P. Giesen