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Auction Terms V1. Auction V1. Here the potential buyers will be liable for any damages to the exhibited objects caused by them. Condition, Representations and Warranties V2. These items are in a state of preservation that is consistent with their age and provenance.
Objections to the state of preservation shall only be indicated in the catalogue if VAN HAM believes that they significantly affect the overall visual impression of the item. The absence of information on the state of preservation has thus no effect of declaration and does, in particular, not establish any warranty or quality agreement as defined by the sale of goods laws.
Potential buyers may request a condition report for every item prior to the auction. The information contained in the condition report shall be provided to the best of VAN HAM's knowledge and belief. It shall not constitute any warranty or quality agreement and shall serve the purpose of providing non-binding information only. The same applies to general information of any kind, be it verbal or in writing. German Civil Code BGB. The item is sold in its actual condition at the time of the auction. If an additional internet catalogue is prepared, the information in the printed version shall nevertheless prevail; the internet catalogue shall only prevail in the event that no printed catalogue exists or the items are auctioned by a so-called silent auction.
VAN HAM reserves the right to correct catalogue information on the items that are to be auctioned. The corrected information shall replace the description in the catalogue. No characteristics other than authorship of the item shall be contractually agreed, even if the item is presented for advertising purposes.
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The catalogue thus contains only information and descriptions without agreeing on the condition of the item. The same applies to reproductions contained in the catalogue. The purpose of said reproductions is to give potential buyers an idea of the item; they form neither part of the quality agreement nor do they warrant the condition of the item. During the auction procedure only the respective items are sold but not the frames, mounts and picture glass. VAN HAM assumes no liability for parts that are not part of the auctioned item.
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The liability for injury to life, body or health remains unaffected. Where successful recourse is taken against the Consignor, VAN HAM shall reimburse the buyer for up to a maximum of the full purchase price which the consignor has achieved. VAN HAM additionally undertakes to return its commission in full within a period of one year, if the item proves not to be authentic. This is subject to there being no third party claims to the item, and the item being returned to the VAN HAM head office in Cologne in an unaltered state.
Material contractual duties shall be i the duty of handing over the item in its condition at the time of the auction upon receipt of the full sales price, ii providing information regarding the authorship of the item, as well as iii the duties of advice, protection and care which serve the purpose of protecting life and body of the buyer or its personnel. In case of a simply negligent breach of material contractual duties, the liability of VAN HAM shall be limited to the compensation of any damage typical and predictable for such a contract, per event causing the damage up to a maximum of twice the amount which the buyer had to pay for the item to which the breached contractual duty relates.
In particular any liability for indirect damage shall be excluded. Conduct of Auctions, Bids V3. Information as to the value in currencies other than euros is provided for information purposes only and shall not be binding. Low-value items may be auctioned as group lots outside the catalogue. If the buyer is a company, an entity, a foundation, or any other type of legal association we will additionally require a current and valid proof of organisation for example an extract from the commercial register.
VAN HAM reserves the right to request a current bank reference or other references or a cash deposit before admitting bidders to the auction. Only bids made using this number shall be considered during the auction.
If a bidder intends to bid on behalf of a third party, a respective notification shall be given not later than 24 hours prior to the start of the auction, stating the name and address of the represented party and submitting a written power of attorney, as well as a proof of identity of the third party. Otherwise the contract of sale shall be made with the bidder when the bid is accepted. The General Auction Terms therefore apply accordingly to the Consignor making a bid for its own items. When there are equal bids, irrespective of whether they are submitted in the auction hall, by telephone, in writing or over the internet, a decision shall be made by drawing lots.
Written bids or bids submitted via the internet shall only be drawn on by VAN HAM to the extent required to outbid another bid. Bids shall specify the relevant item, along with its catalogue number and catalogue description. In case of doubt, the catalogue number shall be decisive; the bidder shall bear the consequences of any ambiguities. VAN HAM provides the service of processing bids in absence for the convenience of clients free of charge. VAN HAM therefore makes no representations regarding the effectuation or error-free processing of bids.
This does not apply where VAN HAM is liable for mistakes made intentionally or through gross negligence.
Bids in absence shall be deemed equivalent to bids made in person during the auction when bids are accepted. In case of written bids, the interested party shall authorise VAN HAM to submit bids on its behalf. Telephone bids may be recorded by VAN HAM. By applying for telephone bidding, applicants accept that telephone conversations may be recorded.
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VAN HAM accepts no liability for establishing and maintaining telecommunication connections or for transmission errors. Bids received by VAN HAM via internet during an auction shall only be considered for the ongoing auction if it is a live web-cast auction. Apart from that, internet bids shall only be admissible if VAN HAM has approved the bidder for internet bidding by providing the bidder with a user name and password.
Internet bids shall only be valid bids if they can be unequivocally matched to the bidder by means of the user name and password. Internet bids shall be recorded electronically. Deutschland - Nordrhein-Westfalen, Wuppertal. Deutschland - Nordrhein-Westfalen, Gelsenkirchen. Deutschland - Nordrhein-Westfalen, Marl. Deutschland - Nordrhein-Westfalen, Herten. Deutschland - Nordrhein-Westfalen, Bochum. Deutschland - Nordrhein-Westfalen, Herne.