Phil Burchman Agency

Conditions of Sale on our Live Auction Sales and Internet Auction Sales and Internet Exhibitions of Sales

Paul Deutsch Auction is a registered and licensed auctioneer enterprise (ATU 10568009) of the

State of Vienna (Austria/Europe). All items and properties we offer are on the basis of a

commissioner which means that we act as agents for third parties (buyer and seller) to buy and sell

fine art and antiques only. The business itself is a relationship between seller and buyer which Paul

Deutsch Auction initiated and for which Paul Deutsch Auction charges a fee. It is a mutual

agreement between buyer and seller.

Paul Deutsch Auctions will be monogrammed PDA in the forthcoming paragraphs.

All goods PDA offers on our internet site are consigned for sale at the PDA website exclusively.

There is no permission to reproduce or copy any objects or text from our site. Beware any illegal

action in this case or in case of misuse. Photo rights for promotion and commercial use stay with

PDA for sold and unsold items.

Descriptions and condition reports as well as any further written material of items consigned in

our sales are made by PDA, verified and experienced art experts only and all descriptions are made

with the highest achievable actual knowledge and are not guaranteed for the buyer. PDA takes

responsibility for this descriptions and guarantees that they are made with the highest level of

knowledge from our experience and conscience at time of catalogue creation. What we know about

the items will be stated in the catalogue . PDA and the Buyer mutual excludes for any responsibility

about knowledge that is obtained after the sale of value, originality or temporal assignment of

objects and is therefore not considered a reason for complaint However, notice that we are not

professional restorers or art historians, nor have access to any scientific research tools or proof.

Therefore we strongly suggest to visit the preview of the items with an expert of your trust to get a

personal opinion. Misnomers or faults in our descriptions may happen - the condition,characertistics

of objects have to be proofed personally. PDA is not responsible for described expertises by other

experts than the PDA home experts. The buyer is accepting even he is not familiar to buy in a sale

at auction that participation is in need of professional knowledge about Art and Antiques for a

successfull purchase , he exlcudes therefore any reclaim of consumer rights and realise that he acts

on his solely and own risk. In the case of a different opinion, if a reclamation is legitimated, PDA

will order a third independent expert who is also accepted by the buyer for a final expertise. Frames,

passepartouts, concealed damages and other covers of objects and their conditions will not be

described and guaranteed in descriptions. The catalogue and the conditions of sale are written in

English language on our internet site. Any other written or spoken translations are not guaranteed.

Place of juristiction Vienna.

The estimates shown on our website are made by our experts. This estimates mean which price the

item can possibly reach (expectation) and it must be understood as a helpful guide for bidding made

by the experiences of the actual market situation. Usually the estimates are made as low as possible

and the worth of an item can be even much higher. Placing a bid or offer means that you are willing

and obliging yourself to buy and pay the selected object to the price you filled out in the bid form or

by placing a bid in the saleroom (exclusive commissions and taxes), and that you accept our

Conditions of Sale by sending us the confirmed Bid Registration Form or by placing your online

bid.

There may be a reserve or limit price in our sales. Biddings start regularly between 50-75% of the

lower estimate. But we do not accept bids/offers under 50% of the lowest estimate. Bidding has to

be placed in steps of not less than 10% from the preceding bid (for example: 100... 110... 120...

130... 140... 160... 180.. 200.. 220... etc.). However it is possible to place higher bids as 10%. PDA

has the possibility to ignore a bid which is under this 10% mark.

If the sale is hold as a Live session there will be a catalogue and descriptions of the objects

exclusively on our website on display, and partly in a printed brochure or on some partner

webpages. At a Live sale in our business premises, all objects will be on display at least 3 days

before the sale in our showrooms. All objects should be proofed personally by the buyer prior to the

sale; the completeness and correctness of the descriptions and photos cannot be guaranteed. The

bidder/buyer commits himself in any circumstances to fulfil the payment of the item he won in the

sale by knock of hammer.The descriptions or headings are never to be regarded as expertise it only

represents the opinion of the Auction house . Reclamations after knock of hammer will not be

accepted.

The catalogue with descriptions and photos are online only and have no guarantee of totality,

accuracy and truth. The participation at the sale personal, by telephone or even in form of a written

bid is only possible with registration prior to the sale on our website by filling out a bid form with

your data and an existing credit card number (where a certain amount will be reserved until the

object is paid in full or the reservation is cancelled if the bid wasn't successful) with the name of the

bidder - after sending it by email or by fax. After accepted registration, you can participate at the

Live sale personally or by phone or in form of a written bid, which will be respected by the

auctioneer at the sale. Written bids which where made online will not be displayed on our website

prior to the sale. Telephone lines will be provided at the day of sale without guarantee of connection

and functioning and is a matter of availability. If the buyer participates in the sale through a related

online auction platform and releases his offers (bids) with this platform, he accepts the Conditions

of Sale of PDA beyond the conditions of the related platform, and is responsible for the technical

requirements needed. The buyer is also responsible for any bids coming from his account in the

platform. He is aware that there is a slight shift in time of the transmission

The sale will be held at a certain time which is announced and published in advanced- entry to the

sale room and participation at the sale is only possible with an online registration at least one hour

before the sale. All offers from participating parties will be respected. The auctioneer are in title to

spare or combine lots as well to cancel the knock of hammer in case of any differences and to sell

the object again. The person who offers the highest bid as the object is called will be the winning

bidder. If a bid recieved at knock-of-hammer or even after, the auctioneer is entitled to cancell the

knock of hammer and reopen the sale of the lot to realise the highest offer. The bidding procedure

will be ending by the knock dawn of hammer or a ring of the auctioneers bell after no more bids are

offered. The winning bidder is now titled to pay and collect the object in between two weeks. After

the sale, the Invoice will be prepared and should be cleared as soon as possible. Any lot and also the

title and description of the lot will not pass until payment is received in full. For objects which are

not collected in between two weeks after the sale (either if they are paid or not) the risk of any type

of damage is at the buyers side. Also storage, handling or additional transport charges will be with

the buyer after this period. For technical reasons Invoices can not be prepared during the sale as

well there is no Payment and collection possible during the Live sale. Payment can be made in cash/

cheque / bank transfer/ credit card - and have to be cleared proofed and transferred on our accounts

before collection and release of goods are possible, as well for additional costs of cheques or credit

card payments see dawn under. The Buyers Premium at Live Sales are 24% on the hammer price. If

the winning bid is supplied by an exteranl auction platform, there is an additional service charge

effective. Payments by credit card have to face additional charges MC 3,35% / Visa 3,55%. Bank

transfers have to be made without charges for PDA. Bank transfers have to be made without charges

for PDA. All sales and sales without reserve prices have additional manipulation fees of 8.-€ plus

taxes for each lot which sell under 80.- Euro, and are subject to service fees for photo request,

condition reports and any additional services.

If you bid for one or more items in our sale, every buyer is personally liable for his bid. Payments

have to be made immediately after receiving the invoice at least in between two weeks after the sale

(knock down of hammer). PDA have even the right in the event of not paying in between two weeks

to cancel the sale and to complaint by justice or any other kind of legal action at the home address

of the hesitate buyer. This possible complaint includes any further expenses in that case for PDA

and any loss of earnings. PDA have the right to offer the objects in a sale again and the default

customer has to compensate any loss of business. If all payment deadlines have been exceed or

ignored, the bidder, buyer or defaulting payer accepts to pay a compensation amount for the loss of

business of 100% of the total issued invoice and accepts as well the complete loss of entitlement of

the won objects.

Any lot and also the title and description of the lot will not pass until payment is received in full.

Objects which are not collected in between two weeks after the sale either if they are paid or not the

risk of any type of damage is at the buyers side. Also storage, handling or additional transport

charges will be with the buyer after this period. Transport responsibility of the purchased objects are

not linked to the purchase itself and are the responsibility of the buyer only.

PDA is not responsible for any licenses or documents in case of export or import or for packing,

insurance and transport. Charges for documents have to be paid by the buyer. Even if PDA is

assisting in some case, the buyer dispenses PDA for any case of reclamation. The risk of damage or

loss is with the buyer after he or his commissioner is receiving the goods, even if the transport was

organised by PDA. If transport charges are described as guaranteed in the description the buyer has

the guarantee that the transport costs will not be more as stated. PDA advice you to order transport

insurance. All transports and packing which PDA is arranging itself or with other companies are not

guaranteed and the buyer accepts complete exclusion of liability. If an item is not be collected by

the buyer, storage charges and possible handling fees will occur. If the buyer fails to collect the

item(s) after reminders and if the value of the storage charges exceed the hammer price, PDA is

entitled to sell the item. Nevertheless the buyer is responsible for any loss of earnings even after

reselling.

For any consignments PDA is entitled to sell for the confirmed price on the property receipt in the

name of the seller and charge a selling commission. If an item is released to PDA for sale and will

be rejected by the consigner before or during the sale, PDA has the right to charge possible costs to

the consigner. The consigner excludes PDA from any rights of third parties, hidden damages or

disadvantages. The result of the sale will be paid to the bearer of the property receipt one month

after the sale if the item was paid in full. The consigner releases PDA from any responsibility of

non-payment, reclamations, default of payments or any other juridical payment consequences. If a

reclamation is treated after the already received funds, the consigner accepts a repayment.

Important Information:

Kindly note that participation at the sale even personal is only possible with mandatory prior

registration at least one hour before the sale and can be done ONLINE or by fax. Bidders without

online registration will not be accepted.

Explanation of Catalogue Terms represents the opinion of the auction house and is not a guaranteed

expertise. View as well paragraph 3.

1. Only if the name of an artist is written in full with his life dates and place of birth and death

the object is in our mind by that artist. Whether the object is signed or not.

2. "Attributed to … " means that in our mind it is a work by the hand of the described artist,

although there is a degree of uncertainty as to the authorship.

3. "Studio or workshop …" means that the object was created with influence from the artist or

from his absolutely near environment, maybe with parts from the artist himself.

4. "Circle of …" means in our mind a work by a closely influenced artist from the same period

and same style.

5. "School of …" means that in our mind the object was executed at the written time and

location or from an artist in his influence but from a following generation.

6. "Manner of …" means that the object is in style near to the named artist but is possibly from

a later date.

7. "Follower of …" is a work in the style of the described artist but from a later date.

8. "After …" is in our mind a later copy of the work of that artist.

9. "Bears signature …" means that the signature is by another hand (faked).

10.All descriptions, conditions and dates specify only the item itself but not possible attached

ore included items like frames, covers, passepartouts, boxes, mantles, textiles, etc.

Our comission is still 24% for buyers excluding the live premium from Drouot

Opéra-Musique, Photos de collection, Instruments scientifiques, Globes, Tableaux et Art

Il s'agit d'une vente en direct sans public en salle.

Viewing :

Dorotheergasse 13, Vienne 1010, Autriche

les 17, 18 et 19 juin de 10h à 18h.

Contacts :

Tel : 004315122371

[email protected]

www.deuart.at

Deutsch Auctioneers

Dorotheergasse 13

1010 Vienne

Tél. : 004315122371

Fax : 004315122319

www.deuart.at

Notre commission est toujours de 24% pour les acheteurs excluant la prime en direct de Drouot.