04 décembre 2019 à 17:00  -  299 lots

lempertz:projects (Lempertz Brussels) chez Kunsthaus Lempertz

Kunsthaus Lempertz Lempertz S.A. Bruxelles Rue du Grand Cerf 6 Brussels BE
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Kunsthaus Lempertz : lempertz:projects (Lempertz Brussels) 04 décembre 2019 à 17:00  
Kunsthaus Lempertz : lempertz:projects (Lempertz Brussels) 04 décembre 2019 à 17:00  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Informations sur la vente

Lempertz S.A. Bruxelles Rue du Grand Cerf 6 Brussels
Le 04 Decembre a 17h00

3 % live surcharge plus VAT


Different terms on lot level:


24.00 % buyer's premium on the hammer price
(20.00 % on the part of the hammer price exceeding 400,001 EUR)
21.00 % VAT on buyer's premium and other charges; not indicated and not reclaimable; VAT margin scheme


or


21.00 % VAT on the hammer price
24.00 % buyer's premium on the hammer price
21.00 % VAT on buyer's premium
- 20.00 % buyer's premium on the amount of the hammer price exceeding 400,001 EUR


or


24.00 % buyer's premium on the hammer price
(20.00 % on the part of the hammer price exceeding 400,001 EUR)
7.00 % pre-paid importation VAT on the hammer price, only reclaimable in case of export to a country outside the EU
21.00 % VAT on buyer's premium and other charges; not indicated and not reclaimable; VAT margin scheme

Informations Maison de vente

Kunsthaus Lempertz

Neumarkt, 3 50667 Köln Allemagne
49/221/92 57 29-30

info@lempertz.com

Conditions de vente


Conditions of sale
1.
he art auction house, Kunsthaus Lempertz KG (henceforth referred to as Lem­
pertz), conducts public auctions in terms of § 383 paragraph 3 sentence 1 of the Civil
Code as commissioning agent on behalf of the accounts of submitters, who remain
anonymous With regard to its auctioneering terms and conditions drawn up in
other languages, the German version remains the oicial one.
2.
he auctioneer reserves the right to divide or combine any catalogue lots or, if it
has special reason to do so, to ofer any lot for sale in an order diferent from that
given in the catalogue or to withdraw any lot from the sale.
3.
All lots put up for sale may be viewed and inspected prior to the auction. he
catalogue speciications and related speciications appearing on the internet, which
have both been compiled in good conscience, do not form part of the contractually
agreed to conditions. hese speciications have been derived from the status of the
information available at the time of compiling the catalogue. hey do not serve as a
guarantee in legal terms and their purpose is purely in the information they provide.
he same applies to any reports on an item’s condition or any other information,
either in oral or written form. Certiicates or certiications from artists, their estates
or experts relevant to each case only form a contractual part of the agreement if they
are speciically mentioned in the catalogue text. he state of the item is generally not
mentioned in the catalogue. Likewise missing speciications do not constitute an
agreement on quality. All items are used goods.
4.
Warranty claims are excluded. In the event of variances from the catalogue de­
scriptions, which result in negation or substantial diminution of value or suitabil­
ity, and which are reported with due justiication within one year after handover,
Lempertz nevertheless undertakes to pursue its rights against the seller through the
courts; in the event of a successful claim against the seller, Lempertz will reimburse
the buyer only the total purchase price paid. Over and above this, Lempertz under­
takes to reimburse its commission within a given period of three years after the date
of the sale if the object in question proves not to be authentic.
5.
Claims for compensation as the result of a fault or defect in the object auctioned
or damage to it or its loss, regardless of the legal grounds, or as the result of variances
from the catalogue description or statements made elsewhere are excluded unless
Lempertz acted with wilful intent or gross negligence; the liability for bodily injury
or damages caused to health or life remains unafected. In other regards, point 4
applies.
6.
Submission of bids. Bids in attendance: he loor bidder receives a bidding num­
ber on presentation of a photo ID. Lempertz reserves the right to grant entry to the
auction. If the bidder is not known to Lempertz, registration must take place 24
hours before the auction is due to begin in writing on presentation of a current bank
reference. Bids in absentia: Bids can also be submitted either in writing, telephon­
ically or via the internet. he placing of bids in absentia must reach Lempertz 24
hours before the auction to ensure the proper processing thereof. he item must be
mentioned in the bid placed, together with the lot number and item description. In
the event of ambiguities, the listed lot number becomes applicable. he placement
of a bid must be signed by the applicant. he regulations regarding revocations and
the right to return the goods in the case of long distance agreements (§ 312b­d of
the Civil Code) do not apply. Telephone bids: Establishing and maintaining a con­
nection cannot be vouched for. In submitting a bid placement, the bidder declares
that he agrees to the recording of the bidding process. Bids via the internet: hey
will only be accepted by Lempertz if the bidder registered himself on the internet
website beforehand. Lempertz will treat such bids in the same way as bids in writing.
7.
Carrying out the auction: he hammer will come down when no higher bids are
submitted after three calls for a bid. In extenuating circumstances, the auctioneer
reserves the right to bring down the hammer or he can refuse to accept a bid. If
several individuals make the same bid at the same time, and after the third call, no
higher bid ensues, then the ticket becomes the deciding factor. he auctioneer can
retract his acceptance of the bid and auction the item once more if a higher bid that
was submitted on time, was erroneously overlooked and immediately queried by the
bidder, or if any doubts regarding its acceptance arise. Written bids are only played
to an absolute maximum by Lempertz if this is deemed necessary to outbid
another bid. he auctioneer can bid on behalf of the submitter up to the agreed lim­
it, without revealing this and irrespective of whether other bids are submitted. Even
if bids have been placed and the hammer has not come down, the auctioneer is only
liable to the bidder in the event of premeditation or gross negligence.
8.
Once a lot has been knocked down, the successful bidder is obliged to buy it. If
a bid is accepted conditionally, the bidder is bound by his bid until four weeks after
the auction unless he immediately withdraws from the conditionally accepted bid.
From the fall of the hammer, possession and risk pass directly to the buyer, while
ownership passes to the buyer only after full payment has been received.
9.
On lots which are characterized by an R, the buyer shall pay a premium of 24 %
on the hammer price up to € 400,000 and 20 % on the surpassing amount;
onto this (hammer price and premium) the statutory VAT of 19 % will be added
(regular scheme). Exports to third (i.e. non­EU) countries will be exempt from
VAT, and so will be exports made by companies from other EU member states
if they state their VAT identiication number. For original works of art, whose
authors are either still alive or died after 31.12.1946, a charge of
1.8 %
on the
hammer price will be levied for the droit de suite. he maximum charge is
€ 12,500. If a buyer exports an object to a third country personally, the VAT will be
refunded, as soon as Lempertz receives the export and import papers. All invoices
issued on the day of auction or soon after remain under provision.
10.
Successful bidders attending the auction in person shall forthwith upon the pur­
chase pay to Lempertz the inal price (hammer price plus premium and VAT) in
Euro. Payments by foreign buyers who have bid in writing or by proxy shall also be
due forthwith upon the purchase, but will not be deemed to have been delayed if
received within ten days of the invoice date. Bank transfers are to be exclusively in
Euros. he request for an alteration of an auction invoice to a person other than the
bidder has to be made immediately after the auction. Lempertz however reserves the
right to refuse such a request if it is deemed appropriate.
11.
In the case of payment default, Lempertz will charge 1% interest on the out­
standing amount of the gross price per month.. If the buyer defaults in payment,
Lempertz may at its discretion insist on performance of the purchase contract or,
after allowing a period of grace, claim damages for non­performance. In the latter
case, Lempertz may determine the amount of the damages by putting the lot or lots
up for auction again, in which case the defaulting buyer will bear the amount of any
reduction in the proceeds compared with the earlier auction, plus the cost of resale,
including the premium.
12.
Buyers must take charge of their purchases immediately after the auction. Once
a lot has been sold, the auctioneer is liable only for wilful intent or gross negligence.
Lots will not, however, be surrendered to buyers until full payment has been re­
ceived. Without exception, shipment will be at the expense and risk of the buyer.
Purchases which are not collected within four weeks after the auction may be stored
and insured by Lempertz on behalf of the buyer and at its expense in the premises of
a freight agent. If Lempertz stores such items itself, it will charge 1 % of the hammer
price for insurance and storage costs.
13.
As far as this can be agreed, the place of performance and jurisdiction is Cologne.
German law applies; the German law for the protection of cultural goods applies;
the provisions of the United Nations Convention on Contracts for the International
Sale of Goods (CISG) are not applicable. Should any provision herein be wholly
or partially inefective, this will not afect the validity of the remaining provisions.
 
Henrik Hanstein, sworn public auctioneer
Takuro Ito, Kilian Jay von Seldeneck, auctioneers
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