General purchasing & service conditions
applicable upon the contribution for sale in the auction of movable property

NOVEMBER 2017

Article 1 Applicability

1.1 Conditions apply to all parts of the relationship between the auctioneer and the contributor / seller, hereinafter referred to as: “contributor”, including those relating to purchase, sale, mediation, valuation, assessment, appraisals, cataloging, storage and other services, unless explicitly agreed otherwise.

1.2 Deviation from these general terms and conditions is only possible if and insofar as expressly accepted in writing by the auctioneer.

Article 2 contract of assignment

2.1 The contributor instructs the auctioneer to examine, appraise and sell the movable property (hereinafter also referred to as "objects") brought in by him and received by the auctioneer. The agreement is concluded by acceptance of the written order by the auctioneer.

2.2 The contributor authorizes the auctioneer to sell the objects in the name of the auctioneer, irrespective of whether it concerns all or a few items, under auction conditions to be determined by the auctioneer. The contributor can agree on a minimum price (limit) in consultation with the auctioneer.

2.3 However, the receipt of objects does not oblige the auctioneer to sell or put them up for auction. If the auctioneer does not wish to sell or put the objects up for auction, he will inform the contributor of this within four weeks after this has been determined, which will be no later than six months after the conclusion of the order.

Article 3 rights and obligations of the contributor

3.1 The contributor must provide proof of identity at the auctioneer's first request.

3.2 The contributor guarantees that he, as owner or otherwise, is entitled to offer the objects for auction and indemnifies the auctioneer against all claims from third parties in this regard.

3.3 At the auctioneer's first request, the contributor is obliged to provide the auctioneer with information regarding the origin of the objects, supported by evidence. The contributor is liable for damage resulting from the provision of incorrect or misleading information and / or other circumstances attributable to the contributor and indemnifies the auctioneer against all claims from third parties in this regard.

3.4 The consignor declares that the sale of the objects for auction is not impeded by national or international legal provisions.

3.5 The consignor is not allowed to bid for the objects he has brought in.

3.6 The rights and obligations under these general terms and conditions belong exclusively to the contributor and cannot be transferred by him to third parties.

Article 4 rights of the auctioneer

4.1 The inclusion of objects in an auction or exclusion thereof, as well as any communication regarding an object in the auction catalog, via the internet or on the auctioneer's website or in a brochure, is solely at the discretion of the auctioneer, who is entitled to experts to be consulted without accepting any responsibility in this regard.

4.2 The auctioneer does not accept any liability towards the contributor with regard to advice given by or on behalf of the auctioneer regarding the objects.

4.3 The auctioneer has the right to determine in which of his auctions an object will be offered for sale.

4.4 If the auctioneer is instructed to completely evacuate a storage, he reserves the right to exclude objects from eviction and also to destroy or remove those objects that in his opinion are not suitable for the auction, or possibly to dispose of them in some other way. monetize.

4.5 Contributor declares that the auctioneer is entitled to photograph, illustrate or otherwise visualize and display images or have them displayed in any way whatsoever, both before and after the auction, taking into account applicable legal provisions. . The auctioneer retains the copyright on all of these images.

Article 5 Repossession by the contributor

5.1 Once an object has been offered for auction and has not been sold, it cannot be taken back by the consignor except after payment of the fixed auction costs as agreed in the auction order confirmation. If an object has not been sold, it can be stored at the auctioneer free of charge for 3 weeks after the close of the auction. After this period, storage costs of € 5 per day (excluding VAT) are charged. Any costs incurred as well as VAT on the object will be transferred to the contributor.

5.2 If the contributor is not satisfied with the valuation referred to in paragraph 1, he can do a revaluation at his expense. In case of deviating value after revaluation, this deviating value will be binding for the auctioneer and contributor for the application of this article.

Article 6 committee

6.1 In the event of sale of the objects for auction, the commission payable to the auctioneer amounts to a previously agreed percentage of the sum for which the sale was made (the “hammer price”) plus any applicable VAT.

Article 7 The obligation to take back the auctioneer

7.1 The contributor is aware that the auctioneer has declared that in his terms and conditions of sale, being the general terms and conditions applicable to the purchase of movable property between the auctioneer and the buyer, he is prepared to do the following: “Unless explicitly for certain items in the catalog. excluded, subject to a number of cases mentioned in the general terms and conditions applicable to the purchase of movable property in an auction, the auctioneer is willing to take back the auctioned objects against a simultaneous refund of the purchased price and auction costs, if the buyer of six weeks after the sale proves to the satisfaction of the auctioneer that the auctioned has such serious hidden defects or the description provided is so incorrect that if these defects or the correct description had been known to the buyer at the time of allocation, he the sale would have declined or only for a substantial would have bought a lower price. ”

7.2 The contributor irrevocably authorizes the auctioneer, if those circumstances apply in the exclusive opinion of the auctioneer, to dissolve the purchase against a refund of the purchase price and auction costs. Due to the dissolution of the purchase, the object or objects are considered unsold within the meaning of article 11 of these terms and conditions.

Article 8 payment to contributor

8.1 The auctioneer pays to the contributor the proceeds of the sale less all costs and charges borne by the contributor, such as (possible) transport costs, restoration / repair costs, commissions, inspection costs and any other costs agreed in advance as well as VAT, hereinafter to be referred to as: “compensation”, provided that the auctioneer has fully received the purchase price from the buyer and the buyer has not invoked the auctioneer's obligation to take back within the meaning of Article 7 of these general terms and conditions, which appeal is recognized by the auctioneer. and no dissolution or cancellation of the sale within the meaning of article 9 of these terms and conditions has taken place.

8.2 Payment will usually take place within three weeks after delivery of objects, unless a notice as referred to in article 7 of these conditions has been received from the buyer or a dissolution or cancellation of the sale within the meaning of article 9 of these conditions has taken place.

8.3 An appeal to the so-called margin scheme can only be made if all applicable regulations have been met prior to the auction, including with regard to the purchase statement. This is at the sole discretion of the auctioneer.

Article 9 consequences of dissolution by the buyer

9.1 In the event of taking back as referred to in Article 7 of these terms and conditions or the purchase agreement with the buyer is dissolved or annulled for other reasons, regardless of when this occurs, the auctioneer is entitled to pay any amount already paid to the contributor in this respect. to reclaim the amount or compensation, as well as all other damage and costs suffered by the auctioneer as a result of this dissolution, including interest and extrajudicial and judicial costs.

Article 10 consequences of dissolution by the auctioneer

10.1 The contributor is aware that in his terms and conditions of sale, [being the general terms and conditions applicable to the purchase of movable property between the auctioneer and the buyer], the auctioneer has reserved the right, if the buyer exceeds the payment term or the does not collect objects on time, to dissolve the purchase agreement. If the auctioneer terminates the purchase agreement for this reason, he is entitled to re-auction the object or objects concerned or to dissolve the assignment agreement. He will notify the contributor of the latter within 90 days after the termination of the purchase agreement.

10.2 The contributor explicitly acknowledges the right of the auctioneer to recover his damage and costs from the buyer in the event that a situation referred to in paragraph 1 occurs. The contributor also recognizes the right of the auctioneer to demand compliance from the buyer who exceeds a payment term, at its own discretion, or to proceed to dissolve the purchase, or to first demand compliance from the buyer and then, if this claim does not succeed, to proceed to dissolve the purchase.

Article 11 unsold items

11.1 The auctioneer is irrevocably authorized, but never obliged, to resell unsold objects at a subsequent auction, hereinafter referred to as: “re-sale”, or to sell them for a period of 90 days after the auction. This, however, only if that sale can take place after the auction (“aftersale”), for a price that results in an amount that is at least equal to the sale price less all costs borne by the contributor, to which the contributor would have been entitled if the object would have been sold at auction before the limit applicable to that auction, unless a lower limit for the after-sale has been agreed with the consignor for the unsold object.

11.2 In the event of such a sale after the auction, the rights and obligations of the contributor and the auctioneer under these general terms and conditions continue to apply in full as they would have applied in the event of the object being sold for auction.

11.3 The provisions of these general terms and conditions will again apply in full to the sale in a new auction or aftersale. If objects remain unsold - regardless of the reasons for this - the auctioneer is entitled to charge reasonable (withdrawal) costs, including the costs referred to in article 8.1.

Article 12 transport / storage / insurance of objects

12.1 All packaging materials with regard to objects presented for sale may be disposed of or destroyed by the auctioneer, unless expressly agreed otherwise by the auctioneer with the contributor.

12.2 The auctioneer is entitled to take measures for the storage with third parties of objects sent in or delivered and to charge the costs thereof to the contributor.

12.3 Objects that have been sent or handed over to the auctioneer and are not accepted for sale by the auctioneer and are not kept in safekeeping, will be returned to the sender at the expense and risk of the sender at his expense.

Article 13 liability of the auctioneer

13.1 The auctioneer is never liable for damage to objects, except in the event that the damage is caused by intent or deliberate recklessness on the part of the auctioneer and / or auxiliary persons or employees engaged by him.

13.2 Under no circumstances is the auctioneer liable for commercial, consequential, financial and / or indirect damage.

13.3 The auctioneer is furthermore never liable for any accident or any form of damage that befalls someone in or near the buildings or sites where there is an opportunity for input, storage or viewing, where the auction takes place or where the sold goods are collected, except in the case that the damage has been caused by intent or willful recklessness on the part of the auctioneer and / or auxiliary persons or employees engaged by him and / or unless covered by insurance from the auctioneer.

13.4 Entering the buildings or grounds is at your own risk.

13.5 The auctioneer does not take out insurance for an object before, during and after the auction or during transport of an object. The consignor is personally responsible for insurance of the inserted object.

Article 14 additional rights and obligations of the contributor / natural person who acts for purposes outside his business or professional activity / distance services

14.1 If an agreement is concluded between the auctioneer and the contributor / natural person who acts for purposes outside his business or professional activity (“consumer”) whereby, within the framework of a system organized by the auctioneer for sales or services, distance without the simultaneous personal presence of the auctioneer and consumer up to and including the conclusion of the agreement, only one or more means of distance communication is used, the following applies.

14.2 During 14 days from the day on which the agreement is concluded, the contributor / natural person (consumer) is entitled to dissolve the agreement free of charge and without giving reasons. However, this dissolution must be effected in writing (by e-mail, letter or fax) or by means of another unambiguous statement to that effect to the auctioneer. The consignor / natural person (consumer) cannot make use of the aforementioned right, if the auctioneer has started the execution of the agreement with his / her consent before the aforementioned period of 14 days has expired.

14.3 In the case of a public auction, the objects cannot be returned on the basis of the legal right of withdrawal.

Article 15 miscellaneous

15.1 The nullity, annulment or non-binding nature of one of the provisions of these general terms and conditions does not affect the validity of the other provisions. In the event that one or more provisions are invalid, destroyed or non-binding, replacement provisions will be agreed upon between the contributor and the auctioneer that are valid and that most closely approximate the content and scope of the provision (s) that have been invalid, annulled or non-binding.

15.2 These general terms and conditions are exclusively governed by Dutch law.

15.3 All disputes with regard to, arising from or in connection with an agreement concluded between the auctioneer and the contributor, the formation of an agreement or these general terms and conditions will be submitted exclusively to the competent court in the place of residence or place of business of the auctioneer. unless the law provides otherwise and subject to the auctioneer's right to bring the dispute before the competent court of the place of residence of the contributor.

Amendments

Classic Car Auctions reserves the right to change these terms and conditions at any time and invites the user to consult this page from time to time to check whether any changes have been made.