Poster Auction conditions
The highest bidder shall be the buyer. Any dispute shall be settled by the municipal Magistrate. The auctioneer is free to refuse an offer without giving a reason. Furthermore the auctioneer is entitled to split up lots of the catalogue, to change their sequence and to leave out or to add certain lots. The bidding commences with the limit price. Bidders are requested to obtain a bidder's number from the auctioneer before the beginning of the auction. Bidders who are present but unknown to the auctioneer, have to identify themselves to the Auction Manager. Orders and biddings are also accepted by post. They are binding and may not be withdrawn. Orders under the limit price cannot be accepted. Every bidder shall be deemed to act as principal and cannot act on behalf of a third person. The auction is effected against immediate cash payment in Swiss currency. In the event of any other mode of payment, such as by cheque, the lot in question goes to the buyer only after the remittance has been confirmed. In order to fulfil our obligations towards the seller, all invoices to postal bidders must be settled within two weeks of the closure of the auction. Thereafter unpaid invoices are handed over to collection office, whereby a 10% p.a. interest on arrears is added. All buyers from Switzerland and abroad have to pay a premium of 15% (exclusive VAT) on the hammer price. Buyers from abroad will be reimbursed VAT upon furnishing proof of exportation (official export declaration). If payment is not settled at all or not settled punctually, the auctioneer can either demand settlement or is free to cancel the deal without further notice. In any event the bidder is responsible for any demage resulting through non-payment or delayed payment, especially for a possibly reduced profit due to withdrawal. This is applicable in the case of the poster being sold to another bidder of the same auction or to a third person at a later auction. The bidder, however, is not entitled to any possible higher proceeds resulting from his withdrawn bidding. The bidder becomes the owner of the lot only after full payment, but he is liable for any damage as from acceptance of the bid. The posters are acquired in the condition in which they are at the time of the allotment. The auctioneer's guarantee expires at the time of the allotments. It is possible to inspect the posters during the pre-sale viewing. The data in the catalogue are compiled most conscientiously. No responsibility is accepted for the accurancy of these particulars. Attributes, eras and dates, condition and possible repair marks are to be verified by the prospective bidder. The auctioned posters must be collected immediately after the auction. No poster may be claimed or removed before the end of the auction. On special request in writing, the posters are forwarded by the auctioneer. This is done with the greatest care but at the buyer's cost and risk. The lots are partly auctioned in the name and on behalf of third persons. The above conditions constitue an integral part of every sales contract concluded at the auction. Only written amendments are valid. The auction takes place in the presence of a representative of the Magistrate of Zurich 11. Neither the Magistrate nor the canton nor the city of Zurich are liable for the auctioneer's actions. The relations between the parties are in all parts under Swiss law.
Erfüllungsort und ausschliesslicher Gerichtsstand ist Zürich.
Guido Tön AG |
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