Conditions of Sale
Art. 1 Definitions of terms used in these conditions: "Auction", a public sale of movable property. "Auctioneer", the organizer of public sales of movable property. "Bidder" or "buyer", the person who bids or buys at auctions as defined above. "Seller", the person by whom, or on whose behalf, the order to sell goods by auction was given. Art. 2 The Dutch version of these conditions has been filed with the Court Registry of the Arrondissementsrechtbank in Zwolle. This Dutch text shall be the authentic text in all cases. Any special conditions or departures from these registered conditions will be announced , either verbally or in writing, before the start of the auction concerned. Art. 3 The buyer shall never plead ignorance of these conditions nor of auction practices existing anywhere in The Netherlands. Art. 4 The sale is effected at the buyer's risk and the buyer shall accept the auctioned lot in the condition in which it is at the moment of release, whether he has inspected it or not, without any claim or redress, of whatever name, be it with respect to quality, size, quantity, measure, weight, name, visible or hidden defects, errors or on account of any other reasons. The buyer shall have no claim for a reduction or a refund of the purchase price. All statements made in the catalogue and all information given, whether verbally or in writing, shall be considered as having been made or given to the best of the auctioneer's knowledge and shall never give cause for compensation by the auctioneer or the seller or be adduced as a reason for the buyer not to fulfil his obligation to accept the lot and to pay for it. Neither the seller nor the auctioneer are liable to any guarantee, since the buyer or bidder was given the opportunity to examine the lot and to ensure himself of its condition during the pre-sale view. Art. 5 The auctioneer is not obliged to provide information about names or addresses of sellers to third parties. Art. 6 The auctioneer reserves the right: a. to refuse persons as bidder or buyer without reason given; b. to alter the order of sale at all times; c. to wthdraw or add lots; d. to combine or divide lots and to sell by auction only; e. not to allow the purchase of a lot or to postpone it; f. to demand complete or partial payment immediately after a lot has been knocked down. In case of refusal or incapacity to comply with the demand, the lot will at once be re-auctioned and the bid of the defaulting bidder will not be accepted again; g. to re-auction a lot if the buyer refuses immediately to disclose his full name and permanent address to the auctioneer; h. not to transfer lots from the original buyer's invoice to that of the other prospective buyer; i. not to release lots while the auction is in progress; j. to make bids on behalf of buyers or sellers; k.to re-auction purchases about which a dispute has emerged. Art. 7 Buyers are deemed to have bought for themselves and are liable for the payment of the purchase price; they shall not refer to a master or principal. Art. 8 Knocking down a lot to a bidder results only in a purchase and sale agreement between that bidder and the seller. Any claim on the notary, the bailiff, the auctioneer or assistant auctioneer shall be excluded. Art. 9 If the auctioneer has made a mistake, he has the right to correct it. Parties shall not make use of such mistakes. Art. 10 Payment of the purchase price, including 26 % buyer's premium, shall be made in cash to the auctioneer before release of the goods and without any discount or settlement of debts. The auctioneer can refuse to accept payment in foreign currency. Art. 11 If the buyer defaults all judicial and extrajudicial costs will be charged to him. Art. 12 If buyers exceed the term of payment, given securities fall to the auctioneer (as agent of the seller) and the purchase will be deemed judicially rescinded; in that case the auctioneer will have the authority to sell the lots by public or private sale, without having to declare the buyer in default. Art. 13 If in the event of a re-sale as meant in art. 12 the proceeds exceed the original purchase price, the surplus will go to the auctioneer. If - but only in a public sale - the proceeds fall short of the original purchase price, the auctioneer has the right to recover the deficit from the defaulting buyer, without prejudice to the auctioneer's entitlement to damages. Art. 14 From the moment when the buyer's bid is accepted by the auctioneer as the highest bid the risk of loss or damage to the purchased lot shall be borne by the buyer, who shall not take away anything until he has paid for all the lots purchased by him. Art. 15 Buyers who exceed the time limit set for collecting the lots purchased by them may be charged € 25 for each working day beyond that limit, regardless of the amount due. Alternatively the auctioneer has the right, in case the lots have not been taken away on time, to sell them by public or private sale in accordance with the provision of art. 12. Art. 16 Lots shall be removed carefully, in consultation with and under the supervision of the auctioneer or a person appointed by him. Any damage done by buyers, their agents or helpers to property or buidings belonging to the auctioneer or third parties shall be compensated for by the buyer concerned. Art. 17 Tables, benches, cupboards, wardrobes, racks etc. on or in which lots are displayed cannot be released until these lots have been removed. Conversely, lots that hinder the removal of other lots shall be paid for and removed by the buyers within 24 hours, or as much longer as the auctioneer deems necessary, of the moment the lots are knocked down to them. Art. 18 Neither individually, nor collectively shall the auctioneer and the seller be held liable for any accident, met with by anyone on the premises where the pre-sale view or the auction is held or where lots sold at auction are released, on the days of pre-sale view, auction or release of lots. Art. 19 All disputes arising from the auction shall be decided by the auctioneer; who can also entrust making the decision to the official in whose presence the auction is held. These decisions are irrevocable and apply to all who take part in the auction.
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