NOTE: This is an automated English translation. Only the German version of these Conditions of Sale is legally binding.

Items are auctioned in the auctioneer’s own name for the account of third parties. The auctioneer acts on a commission basis. Payment for lots purchased is to be made to the auctioneer, plus a buyer’s premium of 20% and, under standard taxation, the reduced VAT rate of 7% on the hammer price and buyer’s premium for books as well as original works and individually printed pictures, or 19% for photography. All lots – except photography (19%) – may alternatively be sold under the margin scheme; in that case the buyer’s premium amounts to a total of 27% including VAT, which is not shown separately. Under standard taxation, buyers from outside the EU countries will be refunded the VAT if the German customs export certificate is provided within four weeks of the auction. Buyers from countries of the European Union are exempt from VAT only if they state their VAT identification number when placing their order (our VAT ID no.: DE 130565285). For lots knocked down to internet bidders (live bidding), the respective intermediary (platform) charges a fee, which is collected from the buyer together with the auctioneer’s total invoice. Where individual objects are additionally subject to statutory charges (such as the artist’s resale right = 4 percent of the hammer price), these charges will be passed on to the buyer.

Upon the fall of the hammer, the risk of accidental loss or accidental deterioration passes to the buyer. The buyer is obliged to collect the purchase at the place of the auction within seven days. Shipping takes place only at the buyer’s request and at the buyer’s expense and risk, as a rule by DHL unless the buyer gives other instructions. For fragile or bulky items, collection is recommended; alternatively, packing and shipping are to be carried out by a forwarding agent commissioned by the buyer. Title to the purchased lots and the right to their delivery pass only upon payment in full and after any cheques submitted have been credited. Lots purchased will be handed over during or immediately after the auction only against cash payment. If payment is delayed, the buyer is liable for any resulting damage. Default interest of 1.5% per month will be charged. In such a case, the buyer may also lose the rights to the purchased item, which may be put up for auction again; the defaulting buyer shall be liable for any shortfall without being entitled to any surplus proceeds. Commission agents are liable for purchases made on behalf of their principals. An item is knocked down after the highest accepted bid has been called three times. If there are several bids of equal amount, the knockdown is decided by drawing lots. In the event of disagreement, the item may be offered again. The knockdown obliges the buyer to take delivery. It may also be granted on the basis of a written or telephone bid. In all cases, the auctioneer reserves the right to make the execution of bids conditional upon the provision of security. A connection cannot be guaranteed for telephone bidders. No liability is accepted for the receipt of e-mails. For bids placed without prior viewing of the item, rights of withdrawal and return do not apply. The prices stated are non-binding estimates.

All items offered for auction may be viewed and examined before the auction by appointment; without exception, they are used. Defects regarding their condition are mentioned in the catalogue and in condition reports only if, in the auctioneer’s opinion, they impair the overall visual impression. The actual condition of the objects at the time of the knockdown constitutes the agreed condition (Section 434 (1) sentence 1 German Civil Code [BGB]). Colour reproductions in the catalogue need not reproduce the colours of the objects faithfully. The catalogue descriptions, made to the best of the auctioneer’s knowledge and belief (including statements on local or geographical origin), serve solely to inform about and classify the objects. They do not constitute a contractually agreed quality and contain no guarantees in the legal sense. This also applies where objects are highlighted in the catalogue (e.g. by illustration) or presented in advertising outside the catalogue. However, all catalogue statements on authorship based on a signature constitute a quality agreed with the buyer; even in this respect, the auctioneer does not assume any special guarantee giving rise to further rights (Sections 443, 477 BGB). Nor does the agreement on authorship give rise to stricter liability than provided for by law (Section 276 (1) BGB). Attributions of authorship for historical objects handed down anonymously, in particular drawings, are based on comparison with other works with reference to specialist literature and are intended merely as a basis for discussion. If, before expiry of the limitation period – which, except in cases of intentional infringement, is one year and begins on the day of handover – the buyer proves to the auctioneer that catalogue statements on authorship based on a signature/monogram are incorrect, the auctioneer will, on request, refund the (entire) purchase price in accordance with Sections 346 et seq. BGB. Alternatively, a reduction of the purchase price may be discussed. Claims by the buyer for damages due to material defects or on any other legal grounds (including reimbursement of wasted expenditure) are excluded unless the auctioneer acted intentionally or with gross negligence or breached material contractual obligations. Liability for injury to life, body or health remains unaffected. Liability for unforeseeable or remote damage is excluded in all cases.

The auctioneer reserves the right to divide or combine lots or, where there is due cause, to withdraw them.

Should one or more provisions of these Conditions of Sale be or become invalid, the validity of the remaining provisions shall remain unaffected.

Dietrich Schneider-Henn, Auctioneer

PETER KEETMAN Photography

Schneider-Henn

1 - Peter Keetman 1916–2005

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