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BRIEF GUIDE FOR CONSIGNORS Consignment, consignment contract We hold auctions and subsequent sales as agent on our own behalf and for the account of the consignor. The consignor will remain unnamed. When depositing the items, you will receive a consignment slip listing the items and agreed limit prices. From that moment on, objects are insured on our cost. Prior to catalogue print, you will receive the consignment contract showing the intented catalogue descriptions, limit and estimate prices and minimum sales revenue. Cataloguing / Auction / After Sale Objects to be auctioned are displayed in our catalogues with indication of the estimated price as per contract. In the auction, items will be called up at the agreed limit price. Bids below that limit price can only be knocked down subject to reservation. Provision, Fees We pass on part of the costs for printed catalogue as cataloguing fees per lot according to estimate price (minimum fee 24 €). In case of sale we charge a percentage of the netto knockdown- or sales price as consignor’s premium, comprising insurance costs. Consignor’s premium is: a) 25 % plus V.A.T. for items with a knockdown price up to 199 € and b) 15 % plus V.A.T. for items with an estimated price up to 999 € and c) 13 % plus V.A.T. for items with an estimated price more than 1.000 €. For works of some artists of the 20th century, the „Verwertungsgesellschaft Bildkunst“ claimes a fee of 4% of sales prices on behalf of the artist or her or his descendants of which the conseignor is charged one half, i.e. 2,0% of the sales price (sales prices above 400 Euro). Billing / Payment After the auction, you will receive a sales statement showing knock-down prices and subsequent auction proceeds. Depending on reception of payments on our side, we are usually able to pay out the amount due within two weeks after the auction by bank transfer or in cash.
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ADVERTISING YOUR CONSIGNEMENTS Printed auction catalogues, advertisements Your items will be displayed in our full colour printed catalgues. In most cases we show, in addition to catalogue descriptions, biografic data of the artist. In the „Weltkunst“, „Antiquitätenzeitung“, „Antiques Magazine“ and other established papers as well as local newspapers we frequently publish advertisements or articles. Our immediate Dresden customers we inform via large advertising displays. Clientèle We directly advertise our auctions to currently more than 10.000 customers via post or e-mail with reports on auction previews, highlights and results. Online catalogue and advertisement In our own online-catalogue, all objects are displayed with, sometimes multiple, full-screen coloured images. All items are widely categorised and are so to be found via various filter- and search options. Items are, in addition to our own online-catalogue, offered via multiple internet-publisher and catalogue-pools. We advertise artists, whose works we offer regularily, via search engines and online art-databases. Our auctions are listed with most established art-market online-news. Ranking with search engines Displaying our auction house and auction dates in numerous auction databases and constantly keeping up to date and enlarging our own online contents and artist database, we work to further improve the ranking of our internet site with search engines. | ||
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CONDITIONS FOR CONSIGNORS (This translation is for your guidance only. Please note that only the German version of these conditions is legally binding.) 1. Sales mandate 1.1 The consignor accepts the conditions of consignment and the conditions of sale of Schmidt Kunstauktionen Dresden OHG when handing in sales items or shipping those to the office address of the auction house or with signing a handover record or consignment contract. 1.2 By signing the consignment contract, the consignor assigns the auction house to auction the items as per contract on his behalf as a commissioner as a voluntary disposal on the auction house's name and for the consignor's account or to sell items accordingly in direct sale. 2. Declarations by the consignor, liability 2.1 The consignor guarantees that he has unlimited disposal of the items and is fully entitled to deal the items and that no rights of third parties apply. He guarantees to be acting on his own economic interest and not upon control of a third party. 2.2 The consignor is liable for any material defects and defects of title of the objects. He guarantees to inform the auction house of all details on the items, especially on their origin, authenticity, date of origin, author, technique, on any previous sales offers of the items, defects, any changes to their original condition, restaurations, addenda, overpaintings and on their operational liability fully and correct to his knowledge. The consignor is liable for catalogue descriptions that are based on his specifications or that are to his knowledge false or are false due to his failure to inform the auction house. 2.3 If the consignor acts as businessman, he will be liable for the full catalogue descriptions and these will become part of the consignment contract. 2.4 The consignor indemnifies the auction house of any claims in the context of the auction or direct sale of the consigned items, if those claims are not due to gross negligence of the auction house or its legal agents. Indemnity comprises fulfilment of justified claims as well as defence of unjustified claims. The auction house will forward any complaints and subsequent claims to the consignor, that are brought forward by a buyer within the statutory periods. 2.5 Items on which the VAT margin scheme can not be applied shall be named prior to printing deadline. If else regular VAT is to be applied, the auction house will deduct VAT from the knockdown price. 3. Cataloguing, auction, after sale 3.1 Items will be reproduced in the catalogue with the agreed estimate price and will be called up at the auction at the agreed limit price. 3.2 The consignor entitles the auction house to present items to external experts or to ship items for this cause. The auction house will do so only on the consignor's prior agreement to any costs. 3.3 The consignor entitles the auction house to make photos of the consigned objects and to make use of those free of charge and for unlimited period. 3.4 Items, that are not sold in the auction, shall be left with the auction house for direct sale to the agreed limit price for the period of contract. The conditions of the sale apply accordingly. 4. Fees, provision 4.1 Upon commitment, the auction house raises a cataloguing fee for each item according to the currently valid fee table (minimum fee 24 € incl. VAT). | ||
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4.2 The auction sale or direct sale of consigned items entitles the auction house to charge the following provision upon the hammer- or sales price:
4.3 In compliance with the German Copyright (UrhG) the auction house is obliged to pay a 4% share to the Verwertungsgesellschaft Bild-Kunst (VG Bildkunst) upon any sale of fine art works of artists registered with the VG Bildkunst. The auction house will charge half of that fee to the consignor. The auction house is entitled to claim these fees at any later time. 4.4 Provision will accordingly apply if items are repurchased by the consignor himself or are repurchased by third parties on the consignor's behalf. 5. Billing, payout 5.1 The auction house collects the sales revenue 5.2 The auction house will forward a bill to the consignor within two weeks upon reception of the buyer's payment, listing knock-down prices and sales revenues. In case of payment default, the auction house is entitled to reclaim prior payouts. 5.3 The auction house is entitled to forward claims on payment defaults to a debt collection agency upon prior notification of the consignor. 6. Delivery, storage, insurance, return 6.1 Committal of items is on the consignor's costs and risk to the auction houses office address. 6.2 Committed items will be insured on the auction house's cost against damage by fire, domestic water, theft and injury from the time of arrival in the office rooms or takeover. 6.3 The insured value will be:
6.4 If a limit price has not been agreed yet or if important differences from the presumed condition are detected, the insured value shall be determined upon comparable common knockdown prices. This applies especially for price agreements that are subject to later verification, as agreements without prior examination of the item or a takeover without further examination. 6.5. In case of damage or loss, the auction house will forward any insurance benefits to the consignor. The claim of the consignor is in such case restricted to to extend of insurance benefit. 6.6 The consignor is obliged to pick up unsold items within 10 days upon expiration or cancellation of the contract. The auction house can organise shipping upon written order by the consignor on the consignor's cost and risk. 6.7 The consignor will be in delay of redemption, if he does not pick up items or gives written shipping order to the auction house within the agreed period. The auction house is entitled to charge 2,5% of the estimate price for each month for costs of storage and insurance. Any further costs can be claimed. This accordingly applies, if either of the parties retreats from the contract. 7. Contract binding, provision entitlement 7.1 The contract will be binding for the consignor for 6 more weeks after the auction the items are listed in. 7.2. The consignor is entitled to retreat from the contract until the day before the auction. The auction house is entitled to retreat from the contract, if it is proved the consignor has willfully given false information or has willfully failed to give important information on the items.
In these cases, the auction house can claim the following provisions according to previous accomplishments:
7.3 If in the auction or after the auction a prospective sale is prevented due to action by the consignor, the auction house is entitled to claim the lost provision against the consignor. 7.4 The auction house can defer or entirely cancel the auction upon important reason. Both parties remain bound to the contract, if the auctions takes place within a period of two month after the primary date. 7.5 The consignor commits himself not to offer or advertise the committed items against any third parties for the period of the contract. 7.6 After the contract binding period, the contract will tacitly re-new until items are redeemed or a new contract is agreed to. Both parties may cancel the contract without advance once the minimum contract binding period has expired. 8. Data privacy statement 8.1 Personal customer data that has been raised in the course of the business relationship will be stored, proceeded and used by the auction house for it's own business purposes solely. Data would only be forwarded to third parties for binding statutory reasons or for the purpose of legal prosecution. 8.2 The customer can dissent to a storage of his data at any time with effect for the future or demand a correction, suspension or deletion of your data. He can request information on the extend of his personal data stored free of charge. 8.3 The sales rooms of the auction house are video-surveyed. 9. Final clauses 9.1. The place of performance and jurisdiction is Dresden, as far as this can be agreed. This applies as well if for enforcement proceedings, action for claim in tort, action on cheques or bills and if the consignor is situated outside the area of application of German law or if his habitation is unknown at the time of filing of an action. 9.2. The law of the Federal Republic of Germany shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. 9.3. Verbal supplementary agreements do not exist. Any alterations or amendments need to be in written form to be valid. 9.4 If any part of these Conditions of Sale is for any reason invalid or unenforceable, it shall be replaced by a regulation that is according in it's sense and economic purpose. Any other conditions shall remain valid and enforceable. |
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September 2022 Print / Download Conditions For Consignors |
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