1. Kunsthaus Lempertz, owner Henrik R. Hanstein (hereafter Lempertz), sells by public auction as commission agent in its own name on account of its clients (sellers). Until the art auction takes place, the seller is bound by the order. In the absence of an agreement to the contrary, any works of art which are not sold at the auction may furthermore be sold by Lempertz in the open market within three months after the end of the auction under appropriate application of the present conditions of order placement.
2. The consignor guarantees that he is the owner of the items with power of disposal or is authorized to act for such owner. The items are used goods. The provisions of the law of sale of goods apply as appropriate. Reference is made to the conditions of sale by auction, which are binding for the consignor and the buyer, particularly to item 4: „In the event of variances from the catalogue descriptions, which result in negation or substantial diminution of value or suitability, and which are reported with due justification within one year after handover, Lempertz nevertheless undertakes to pursue its rights against the seller through the courts; in the event of a successful claim against the seller, Lempertz will reimburse the buyer only the total purchase price paid. German is the official language for the catalogue text.” The consignor declares his agreement with the contents.
3. a) The seller will pay
for consignments with the Old Masters, Decorative Arts, and Asian Art department
9% of the hammer price in the case of items over € 20,000 each
13% of the hammer price in the case of items between € 4,000 and 19,000 each
17% of the hammer price in the case of items up to € 3,999 each
(plus VAT) as commission to Lempertz.
for consignments with the Modern Art, Contemporary Art, and Photography department
9% of the hammer price in the case of items over EUR 50,000 each
13% of the hammer price in the case of items between EUR 5,000 and EUR 49,999 each
17% of the hammer price in the case of items up to € 4,999 each
(plus VAT) as commission to Lempertz.
b) The charge for colour plates is €380 for full-page, €200 for halfpage and €120 for quarter-page and group photographs. (all of these costs are subject to VAT; black-and-white-illustrations cost half of colour illustrations). Illustrations are at the discretion of Lempertz.
4. The works of art are sold for at least three quarters of the estimated prices printed in the catalogue or at the minimum (reserve) prices stated on the reverse; even if no bids are initially received, calls may be continued at any event up to the minimum price. A subsequent increase in the minimum price is excluded. If works of art are not sold, Lempertz reserves the right to charge the client 1% of the estimate in addition to the agreed incidental costs, as compensation for the expense of insurance. If the order is withdrawn apart from any decision by Lempertz, the full commission is payable by the client.
5. The works of art must be delivered to Lempertz, and if taken away at the expense and risk of the seller, the cost of transportation, transit insurance, and any handling costs, due to the freight agent, will be borne by the seller. Lempertz will at its own expense insure the items for the estimated price against burglary/theft, fire, and water mains damage during the period of its custody. In the event of other damage, particularly to frames, Lempertz is liable only for wilful intent or gross negligence. It is not possible to store packaging.
6. If items unsold are not collected by the consignor within three months from the date of the auction, the custody and insurance duty of Lempertz ends. Lempertz is then, at the expense of the seller, entitled to store the items itself or with an art freight agent, and to insure them on the basis of the lower estimated price. Other insurance and storage costs will be borne by the seller; in the case of storage by Lempertz itself, these will amount to 1% of the estimated price per annum. In the event of loss or damage, Lempertz will be liable only for wilful intent or gross negligence.
7. Within five weeks after the end of the art auction, the seller will receive an invoice and, according to its instructions, the auction proceeds minus the commission and any costs incurred, provided that the proceeds have been received by Lempertz. If Lempertz does not receive the auction proceeds, Lempertz may, without legal disadvantage, subsequently after notification of execution of the order, disclose the identity of the seller to the buyer. If the item has already been handed over to the buyer, Lempertz will be liable to the seller for the proceeds. Costs for non-cash disbursement will be borne by the payment recipient.
8. This contract comprises all points of agreement between the seller and Lempertz. No incidental verbal agreements exist. Amendments and supplements to these conditions of order placement are effective only in written form; this does not apply to approval of conditional acceptance of a bid.
9. As far as this can be agreed, the place of performance and jurisdiction is Cologne. German law applies; the provisions of the United Nations Convention on Contracts for the International Sale of Goods, CISG are not applicable. Should any provision herein be wholly or partially ineffective, this will not affect the validity of the remaining provisions.