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Conditions of sale
Definition
The terms used within the Auction’s Conditions of Sale are defined as follows:
Auction:
The public sale of posters and/or related articles other than by tender.
Purchaseprice:The amount for which the lot was sold by the auctioneer, plus a 20%
premium and plus a further 21% VAT on that premium.
Lot:
A poster and/or related article(s) that are offered for auction.
Bidder:
The person who places a bid before or during the auction.
Bid:
Any amount offered for a lot before or during the auction by a
prospective purchaser(s).
Purchaser: The person to whom a lot or combination of lots is allotted.
Vendor:
The person who has offered the goods or property for auction.
By participating in this auction, the Purchaser declares that he/she fully accepts the
terms and conditions of sale and that he/she will never be able to plead that they
are unacquainted with these conditions of sale or their current use.
Description of poster
Article 1.
The description of the posters to be auctioned should include, where relevant, the
artist’s name, the year of design, the format (width x height in cms) the printer’s
name and technique, the motto/title, references and whether the poster is framed
and/or backed.
With respect to the condition of the poster, four ratings have been used:
A
Very good condition, with strong colours and no paper-loss. If there is a
slight blemish or tear, then it is very marginal and not noticeable. A+ illus-
trates a poster in excellent condition which is rarely seen. A- indicates the
possibility of a slight fold, tear or bubble, or a minor restoration.
B
Good condition. Some slight paper-loss, however not in the image or any
crucial design area. If there is some restoration, it is not immediately evi-
dent. Lines and colours are good although the paper may be
yellowed/stained. B+ indicates that the poster is in a good condition, B- in
fairly good condition. The latter assessment may be due to heavier than
normal light-staining or one or two noticeable repairs.
C
Fair condition. More pronounced light-staining, restorations, folds and flak-
ing are more readily visible, possibly some minor paper-loss otherwise
intact. The image is clear, the colours, although possibly faded, are still true
to the artist’s intent.
D
Bad condition. A large part may be missing, including some crucial central
image area, colours and lines are marred.
Naturally, the bidder should make his/her own assessment regarding the condi-
tion of the posters by attending the viewing day.
Article 2.
The descriptions provided in the catalogue together with all the written and ver-
bal information are given to the best knowledge of the auction house and can
never lead to a redress on the auction house or seller respectively, or be raised as
reasons for the purchaser to withdraw from his/her obligations to accept and pay
for the goods. Neither the seller nor the auction house can provide any sort of
guarantee, as the purchaser or bidder is supposedly able to personally ensure the
state and condition of the goods during the viewing day. All goods are sold in
the condition in which they appeared at the allotted time.
Auction organisation
Article 3.
Van Sabben Auctions are responsible for the organisation, preparation and exe-
cution of the auction.
The auction occurs in agreement with the local and national auction conventions.
In addition, it takes place in the order set out in the relevant catalogue. However,
the auction house has the right to deviate from this. Unmarked or unnumbered
items are not included in the auction.
The auction house has the power, both before and during the auction and with-
out reason, not to acknowledge a bid, to exclude one or more prospective pur-
chasers from the auction, to put items into lots, or split lots and remove items/lots
from the auction.
Furthermore, the auction house has the power to cancel the auction with respect
to all, or one or more of the lots, to interrupt and/or resume the auction, to split
lots and/or add items together and also to resume the auction at the previous bid
or take any other measures that it deems necessary.
Lastly, the auction house has the power to rectify its mistakes with respect to
bids or allocation without the prospective purchasers being able to take advan-
tage of these mistakes.
Auction method
Article 4.
The conditions of sale are cash on sale. The purchaser is required to pay an extra
20% premium on the amount assigned to the item - the same premium will be
charged to purchases made through
live online auction
- plus an additional
21% V.A.T. (E.C. re-sidents only). Each purchaser is responsible for his own pur-
chase and cannot claim a commission. The highest bidder will be the purchaser.
The auctioneer will have the absolute decision when settling any dispute.
Article 5.
Two prices are listed throughout the catalogue. The first one – shown in BOLD -
indicates the reserve. Bids under this amount cannot be accepted. The second
one indicates the estimated market value of the described poster(s). The auc-
tioneer starts at the reserve price or, where applicable, at the next order bid. The
bids are subsequently raised by amounts of approximately 10% of the total price.
Artikel 6.
Bidders obtain a bidding number from the auctioneer before the auction com-
mences. When settling up after the auction, an invoice will be issued upon pres-
entation of this number and, when paid, it enables the goods to be collected.
Artikel 7.
The auctioneer will make every effort to execute bids for those not able to attend
and will act on behalf of prospective purchasers to try to purchase the desired
item at the lowest possible price up to the limit indicated by purchaser as if the
purchaser was present. The auctioneer cannot be held responsible for any errors
or omissions in this respect. The auctioneer reserves the right not to bid on
behalf of a party if the written order is unclear, arrives late, or the purchaser’s
credit is not established or for any other reason within his sole discretion. In the
case of equal bids, the time of arrival determines priority. Buy bids are not accep-
ted.
Payment
Article 8.
All payments must be made within two weeks of receipt of the sales invoice by
deposit or bank transfer to IBAN account no: NL35ABNA052.91.64.515, or cash
at the office, No cheques accepted!. An additional 4% charge will be made on all
credit card payments and payment via Pay Pal
).
Winning bids via Invaluable will be charged 5% over the final amount of the
invoice, (no extra 5% will be calculated on shipping costs!).
Article 9.
The bidder is the official owner of the lot once the invoice is paid, but is liable for
any damage as from the cry.
Delivery of goods takes place at the buyers risk and expense. Without explicit
agreement no goods will be delivered. Bidders are requested to provide the auc-
tion house with their requirements in advance.
Article 10.
The purchased items can be collected from the auction house offices within 14
days of the first auction date. No goods will be issued without payment. If the
purchased items are not collected within the period stated above, then the pur-
chaser is in default. If timely payment is not made, then the purchaser will be
charged an equi-valent monthly interest of 1,5% calculated from the day of pur-
chase until the day of payment. The debtor will be liable for both the legal and
general costs. The collection charges amount to a minimum of 15% of the
indebted sum with a minimum interest of
€
150.00. Ownership of the purchased
goods only pass to the purchaser once full payment has been received.
Default payment
Article 11.
In the event of default payment, the indebted purchaser must pay 20% of the bid
price. In addition, an administration cost of maximum
€
50 will also be payable.
Article 12.
In the event of default payment, Van Sabben Poster Auctions has the right to re-
auction, or sell either by privat or public sale the concerned items. The costs
incurred in re-auctioning will be charged to the indebted purchaser.
Article 13.
The indebted purchaser (defaulter) will be excluded from any future auctions.
Conditions of consignment
Article 14.
Conditions of consignment: 20% premium on hammer price (sold items only),
€
15 for each catalogue illustration (sold & unsold items), plus 21% V.A.T. on both
amounts (E.U. residents only). Delivery and return of consigned posters (where
relevant) are at the consignor’s risk and expense.
Unsold lots will remain on the Auction house’s ‘After sales’ Internet site for se-
veral months to try to sell the goods at the same conditions and reserved price.
Article 15.
The consigner will be paid 6 till 8 weeks after the auction date, providing we have
received full payment from the buyer for that lot, not earlier.
Final article
Article 16.
Any disputes which may occur between Van Sabben Auctions and the partici-
pants or purchaser(s) will be settled exclusively by the authorised Judge in
Alkmaar.
Article 17.
When differences occur in the auction catalogue between the Dutch text and the
foreign translation, the Dutch text will be the definitive text.
Article 18.
Van Sabben Auctions cannot be held responsible for any accidents or damage
which may occur in its buildings or grounds during the viewing, auction and col-
lection days. Entry is at your own risk.
cond i t i ons o f sa l e
