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General purchasing & service conditions
applicable to 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, cataloguing, storage and other services. unless expressly 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 for services

2.1 The contributor instructs the auctioneer to examine, value and sell the movable property brought in by him and accepted by the auctioneer (hereinafter also: “objects”). 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, whether they are 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 the objects or put them 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 order has been concluded.

Article 3 rights and obligations contributor

3.1 The contributor must identify himself 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 first request of the auctioneer, the contributor is obliged to provide information to the auctioneer with regard to 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 from other circumstances attributable to the contributor and indemnifies the auctioneer against all claims from third parties in this regard.

3.4 The contributor declares that the sale at auction of the objects is not hindered by national or international legal provisions.

3.5 The contributor is not allowed to bid on 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 auctioneer

4.1 The inclusion of objects in an auction or exclusion thereof, as well as any communication with regard to an object in the auction catalogue, via the internet or on the website of the auctioneer or in a brochure, is at the sole discretion of the auctioneer, who is entitled to without assuming any responsibility in this regard.

4.2 The auctioneer accepts no 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 its auctions an object will be offered for sale.

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

4.5 Contributor declares that the auctioneer is entitled to photograph, illustrate or otherwise depict and depict all objects offered for sale in any way whatsoever, both before and after the auction, taking into account applicable legal provisions . The auctioneer retains the copyright to all these images.

Article 5 return 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 contributor until the fixed auction costs have been paid as agreed in the order confirmation for the auction. If an item has not been sold, it can be stored at the auctioneer's free of charge for 3 weeks after the close of the auction. After this period, storage costs of € 5 per day (excluding VAT) will be 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 may re-evaluate at his own expense. In the event of a deviating value after revaluation, this deviating value will be binding on the auctioneer and contributor for the purposes of this article.

Article 6 committee

6.1 In the event of the sale of the objects at auction, the commission owed to the auctioneer is a pre-agreed percentage of the sum for which the sale was made (the “hammer price”) plus any applicable VAT.

Article 7 auctioneer's take-back obligation

7.1 The contributor is aware that the auctioneer has declared himself prepared to do the following in his terms and conditions of sale, being the general terms and conditions applicable to the purchase at auction of movable property between the auctioneer and the buyer: “Unless expressly stated for certain objects in the catalog except for a number of cases referred to in the general terms and conditions applicable to the purchase of movable property by auction, the auctioneer is prepared to take back the auctioned objects for a simultaneous refund of the purchase price and auction costs charged, if the buyer within a period within six weeks after the sale proves to the satisfaction of the auctioneer that the auctioned item 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 allotment, he would would have renounced the sale or only at a considerable would have bought a lower price.”

7.2 The contributor irrevocably authorizes the auctioneer, if those circumstances apply at the sole discretion of the auctioneer, to dissolve the sale against a refund of the purchase price and auction costs. Due to the dissolution of the purchase, the object or objects is considered unsold within the meaning of Article 11 of these terms and conditions.

Article 8 payment to contributor

8.1 The auctioneer pays the contributor the proceeds of the sale less all costs and charges to be 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 referred to as: “compensation”, provided that the auctioneer has received the purchase price in full from the buyer and the buyer has not invoked the auctioneer's take-back obligation within the meaning of Article 7 of these general terms and conditions, which appeal has been acknowledged by the auctioneer and no dissolution or nullification 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 items, unless a notice as referred to in Article 7 of these Terms and Conditions has been received from the Buyer or a dissolution or destruction of the sale within the meaning of Article 9 of these Terms and Conditions has taken place.

8.3 The so-called margin scheme can only be invoked if all applicable regulations have been complied with prior to the auction, including with regard to the declaration of purchase. This is at the sole discretion of the auctioneer.

Article 9 consequences of dissolution by the buyer

9.1 In the event of a repossession as referred to in Article 7 of these terms and conditions or if the purchase agreement with the buyer is dissolved or destroyed for other reasons, regardless of when this occurs, the auctioneer is entitled to recover any payment already made 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 auctioneer

10.1 The contributor is aware that in its terms and conditions of sale, [being the general terms and conditions applicable to the purchase at auction 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 items on time, to dissolve the purchase agreement. If the auctioneer dissolves the purchase agreement for this reason, he is entitled to re-auction the object or objects concerned or to dissolve the contract for services. He will make the latter known to the contributor within 90 days after the termination of the purchase agreement.

10.2 The contributor expressly acknowledges the auctioneer's right to recover his damage and costs from the buyer in the event that a situation as referred to in paragraph 1 occurs. The contributor also acknowledges the auctioneer's right to demand performance from the buyer who exceeds a payment term, or to proceed to dissolution of the purchase, or first to demand performance from the buyer and then, if this If the claim does not succeed, to proceed with the dissolution of 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-auction”, or to sell them during a period of 90 days after the auction. However, this is only possible if the 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 to which the contributor would have been entitled if the object would have been sold at auction for the limit applicable to that auction, unless a lower limit is agreed with the contributor for the unsold object for the purpose of the aftersale.

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

11.3 The provisions of these general terms and conditions are again fully applicable to sales in re-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 objects

12.1 All packaging materials relating to objects brought in for sale may be removed or destroyed by the auctioneer, unless expressly agreed otherwise between the auctioneer and the contributor.

12.2 The auctioneer is entitled to take measures for the storage at third parties of items submitted or issued and to charge the costs thereof to the contributor.

12.3 Items that have been sent or handed over to the auctioneer and are not accepted for sale by the auctioneer and are not held in custody, will be returned to him at the full 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 willful 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 business, consequential, financial and/or indirect damage.

13.3 Furthermore, the auctioneer is never liable for any accident or any form of damage to 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 was caused by intent or willful recklessness on the part of the auctioneer and/or auxiliary persons or staff engaged by him and/or except insofar as covered by the auctioneer's insurance.

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

13.5 The auctioneer does not provide insurance for an object before, during and after the auction or during transport of an object. The contributor is responsible for insuring the item brought in.

Article 14 additional rights and obligations of the contributor/natural person who acts for purposes that fall 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 on distance without simultaneous personal presence of the auctioneer and consumer up to and including the conclusion of the agreement, if only one or more means of distance communication is used, the following applies.

14.2 During 14 days, counting 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 stating reasons. This dissolution must, however, take place in writing (by e-mail, letter or fax) or by means of another unambiguous statement to the auctioneer. The contributor/natural person (consumer) cannot make use of the above-mentioned right if the auctioneer has started the execution of the agreement with his/her consent before the above-mentioned period of 14 days has expired.

14.3 If it concerns a public auction, the objects cannot be returned on the basis of the statutory right of withdrawal.

Article 15 miscellaneous

15.1 Nullity, destruction or ineffectiveness 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 null, void or non-binding, replacement provisions will be agreed between the contributor and auctioneer that are valid and that most closely approximate the content and purport of the void, nullified or non-binding provision(s).

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

15.3 All disputes relating to, arising from or related to an agreement concluded between the auctioneer and the contributor, the conclusion of an agreement or these general terms and conditions will be submitted for settlement exclusively to the competent court in the place of residence or place of business of the auctioneer, unless the law dictates otherwise and subject to the auctioneer's right to bring the dispute before the competent court in 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 check this page from time to time to check whether changes have been made.