General Terms of Auction

AUCTION CONDITIONS

The public auction for the benefit of Operndorf Afrika is prepared and managed by Festspielhaus Afrika gGmbH. The auction held on September 22nd will be executed by Kilian Jay von Seldeneck, who will auction the works of art in the name of Festspielhaus Afrika gGmbH at St. Agnes, KÖNIG GALERIE, Alexandrinenstr. 118 - 121, 10696 Berlin. The works of art will remain the property of the consignor until payment. The sales contract will be made between consignor and buyer upon acceptance of the bid.

REGISTRATION / BIDDER NUMBERS

Please register before the beginning of the auction in order to receive your personal bidder number, which you will need in order to make a bid. Please download the registration form.

Please send your registration order by e-mail to auktion@festspielhaus-afrika.com or by fax to +49 (0)32 - 22 17 11 333 by September 21st 2017.

You can also register for the auction at the venue at the evening of the auction between 6:30 pm to 7:30 pm. In order to facilitate the organization we would, however, like to ask you to register as early as possible.

BIDS

You may make a bid in person or in writing.
Bids made are deemed binding. All bids are exclusive of vat. applicable vat and duties on the net sale have to be paid by the buyer.

ONLINE BID
If you cannot participate in the auction in person, you may submit your online bid until September 21st March 2017. The online bid generates a form, which must be printed and signed by the bidder and give the hammer price offered for the work of art (award price before VAT). If several bids are made with the same sum for the same work of art, the first bid will win, unless another bid is higher.

Please send your generated bidding form by e-mail to auktion@festspielhaus-afrika.com or by fax to +49 (0)32 - 22 17 11 333 by September 21st 2017.

BIDDING ON BEHALF OF A THIRD PARTY

If a bidder wants to make a bid on behalf of a third party, he/she must inform the organizers of the auction until September 21st 2017, 12.00 p.m at latest that he/she wishes to do so. In this case, he/she must give the name and address of the person he/she represents, and must submit a proxy written by the latter. Otherwise, upon acceptance of the bid, the sales contract will be made with the bidder.

ACCEPTANCE OF THE BID

The bid is accepted by the auctioneer, if no other bid exceeds the initial bid after three calls. The highest bid wins. If the bids remain below the price indicated in the catalogue, the auctioneer can accept the bid subject to supplement, of which he reminds in this case.

The auctioneer may refuse to accept the bid or reject a bid, if the bidder has not registered prior to the auction, and does not have a bidder number. If a bid is rejected, the previous bid remains valid.

The acceptance of the bid is binding for the bidder.

PURCHASE PRICE AND PAYMENT

The purchase price is to be paid in cash or by giro.

The purchase price includes the hammer price, costs for the customs proceedings, import or export duties that might fall due will have to be borne by the buyer.

Account Holder: Festspielhaus Afrika gGmbH
Bank: Pax Bank
IBAN: DE65 3706 0193 6004 3100 10
BIC (SWIFT-CODE): GENODED1PAX

The payment is to be effected in Euro

All taxes, costs, and levies due for the payment will be borne by the buyer.

The buyer agrees to pay within 10 days after her/his bid has been accepted.

After the auction, the purchased items are only handed over in exchange for payment. If payment or acceptance of the auctioned items is refused, the purchaser shall abdicate their rights to said items.

DELIVERY

The shipping costs are borne by the client. The shipping method can be determined by the buyer himself. If you wish we will also arrange a pick up at our office within three weeks after the auction.

RESCISSION

If the buyer is in default, the consignor, after having offered a grace period of two weeks, may partially or wholly withdraw from the contract. In case of such rescission all rights of the buyer to the work of art he/she bought will expire.
In case of a rescission the buyer will be held liable for any transportation, storage and insurance costs incurred until the work of art has been returned.

LIABILITY

The descriptions of the objects of the auction are based on the information of the consignors. The organizer of the auction does neither accept liability for the accuracy of the information nor for the condition of the works. The organizers of the event agree to check the information with due diligence and to take care of an adequate transportation and handling of the works consigned.

Complaints and claims concerning the price, the state and condition of the works bought at the auction or damage claims against the organizer of the auction are not permitted, unless they are based on gross negligence or intentional action of his staff.

OTHER TERMS

Multilingual auction conditions
If the auction conditions are available in several languages, the German version shall be legally binding.

Applicable law
Only the law of the Federal Republic of Germany shall apply.

Place of performance and competent court
The place of performance and competent court shall be Berlin.