Vente Maîtres Anciens et Art du XIXème Siècle chez Karl & Faber Kunstauktionen : 521 lots
26 avril 2013  -  521 lots

Maîtres Anciens et Art du XIXème Siècle chez Karl & Faber Kunstauktionen

Karl & Faber Kunstauktionen Amiraplatz 3 - München 80333 München (Allemagne) DE
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Karl & Faber Kunstauktionen : Maîtres Anciens et Art du XIXème Siècle 26 avril 2013  
Karl & Faber Kunstauktionen : Maîtres Anciens et Art du XIXème Siècle 26 avril 2013  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Informations sur la vente

Amiraplatz 3 - München 80333 München (Allemagne)
Le 26 Avril a 11h et 14h
A 11h : Lot 1 à 210
A 14h : Lot 211 à 521


Pour tout renseignement, veuillez contacter la Maison de ventes au +49 (89)22 18 65.

Date d'exposition

Les 19, 22, 23 et 24 avril de 10h à 18h, les 20 et 21 avril de 11h à 17h30 et le 25 avril de 10h à 14h

Conditions de vente

Conditions of Sale
Conditions of Sale
1. These Terms of Auction are displayed in the auction room; they are
published in each auction catalogue, and also on the Internet, if appropriate
By placing an order or making a bid, the buyer expressly
acknowledges these Terms of Auction and the validity thereof for the
auction.
2. The auction, which is public as contemplated
in §§ 383 III, 474 I 2
BGB, is prepared, held and handled by Karl & Faber Kunstauktionen
GmbH (referred to hereinafter as „Karl & Faber“). As a matter of principle,
Karl & Faber auctions the works of art as a commission agent,
acting in its own name and for the account of the unnamed party
supplying the object. An Auctioneer appointed
by Karl & Faber holds
the auction in the name and for the account of Karl & Faber. Claims
pertaining to the auction shall be directed to Karl & Faber, and not to
the Auctioneer. Objects which are the property of Karl & Faber (socalled
Own Goods) are specially marked with “‡”.
3. All bidders shall communicate their name and address in a timely
manner before the auction. Karl & Faber reserves the right to request
bidders unknown to the company to present a valid identity
card, passport, or similar identifying documentation. Bidder numbers
shall be issued, if appropriate. If a bidder wants to make bids
in the name of a third party, then he must give notice to this effect
before the auction begins, stating the name and address
of the party
he is representing and submitting a written proxy. The sales contract
shall otherwise, upon the fall of the hammer, be brought about with
the bidder.
4. The estimate prices specified in the catalogue of Karl & Faber (where
appropriate, the upper and lower estimated value) are stated in
Euros. They serve as a guide for the market value of the object being
auctioned. The starting price is fixed by the Auctioneer;
bids shall
be placed at the Auctioneer’s discretion, each price shall, as a rule,
be 10% above the preceding bid. Karl & Faber reserves the right to
combine or to split catalogue numbers, or – if there is special reason
for doing so – to call them in an order other than that given in the
catalogue or to withdraw them
5. Bids may also be made in writing or by telephone. Bids made in writing
or by telephone shall be only admitted if the bidder has submitted
an application for the admission of such bids to Karl & Faber at
least 24 hours before commencement of the auction. The request
must stipulate the work of art, stating the catalogue number and the
catalogue name. If there is any doubt, the catalogue
number shall be
decisive; any uncertainties shall be for the detriment of the bidder.
Telephone bids shall be accepted only as of an estimated price of E
1,000. With the requesting of permission
to make bids by telephone,
the bidder agrees to telephone calls being recorded. Karl & Faber
shall not assume any guarantee for the handling of written bids or
bids made by telephone.
Karl & Faber shall, in particular, not be liable
for errors in transmission or for the establishment and for maintaining
telephone connections. This shall not apply if Karl & Faber is
responsible for a mistake due to intent or gross negligence.
6. The hammer shall fall, after a bid has been called three times, if no
higher bid is made. If several persons make the same bid and no higher
bid is made after it has been called three times, then the case
shall be decided by drawing lots. A bid may be accepted subject to
reservation in individual cases, which the Auctioneer shall point out
in each case. Any such acceptance of a bid shall only take effect if
Karl & Faber confirms the bid in writing by presenting a statement of
account within 4 weeks of the date of the auction; the bidder shall be
bound by his bid for the duration of this period of time. Karl & Faber
may withdraw its acceptance of a bid during an auction and call for
new bids for the work of art at the same auction, if a higher bid made
in good time has been overlooked by mistake and the relevant bidder
has objected to such immediately, or if there is doubt of any other
nature regarding the acceptance of a bid. If Karl & Faber exercises
this right, then the acceptance of the original bid shall cease to be
effective. Karl & Faber shall be entitled to refuse the acceptance of a
bid or to reject a bid if there is special reason on hand for doing so. A
special reason shall be on hand in particular, if a bidder is unknown
to Karl & Faber and has not provided security at the latest, by the
time the auction begins. If a bid is rejected, then the preceding bid
shall remain in effect. The acceptance
of a bid shall oblige the bidder
to acceptance and payment.
7. Written bids shall be deemed bids already made at the auction. If
Karl & Faber receives several written bids to the same amount for
one and the same work of art, then the bid received first shall be
accepted, if no higher bid has been submitted or is made. Karl & Faber
shall only avail itself of each written bid up to the amount which
is necessary in order to outbid an other bid which has been made.
A written bid, which is to be submitted using the form sheet provided
for such purpose, must be signed by the bidder and stipulate
the hammer price (with out premium, fee for droit de suite, and value
added tax due) offered for the work of art.
8. The purchase price consists of the hammer price plus premium; allocated
costs and statutory value added tax may be added. In particular
the flat rate for droit de suite paid by Karl & Faber to VG Bild
und Kunst for the compensation of statutory entitlements pursuant
to § 26 UrhG levied upon the sales proceeds of original works of the
fine arts – created as of 1900 – shall be levied. Sales shall, regarding
value added tax, be made according to varied modes, depending on
the requirements to be specified by the Consignor in a timely manner
before invoicing, either by differential taxation or under regular
taxation. Works of art subject to regular taxation shall be indicated
and marked with „R“ behind the catalogue number. Applicable shall
be specifically:
a) For differential taxation, each individual object shall be subject to
a premium of 30% on a hammer price up to and including 300.000
Euro 28% on the amount exceeding a hammer price of over 300.000
Euro and up to and including 500.000 Euro 27% on the amount exceeding
500.000 Euro. This premium includes all allocated costs, the
droit de suite if applicable and the statutory value added tax without
separate indication thereof.
b) For regular taxation, for buyers entitled to deduct prepaid value
added tax, each individual object shall be subject to a premium of
23% on a hammer price up to and including 300.000 Euro 21% on
the amount exceeding a hammer price of over 300.000 Euro and
up to and including 500.000 Euro 19% on the amount exceeding
500.000 Euro. In addition, a 1.3% fee for droit de suite will apply. If
the buyer has his place of residence within the EU, then the statutory
value added tax to the amount of 7 % shall be levied on the hammer
price, the premium and the fee for droit de suite, and it shall be
indicated as such. The statutory value added tax amounts to 19 %
for image prints, offset prints, and screen prints (serigraphy).
c) The rates given above for the droit de suite allocations and the
value added tax, and the objects for which they are due, comply with
the current state of legislation and the current practice applied for
financial accounting. Changes may therefore arise in this respect,
which will then be passed on to the buyer. If buyers resident outside
the EU take the work of art they have bought by auction with them to
countries outside the EU by themselves, they must provide security
amounting to the statutory value added tax. This will be refunded
if the buyer submits the exportand
purchase certificate issued by
the German customs authorities to Karl & Faber within one month
of receiving the work of art. (Import) sales tax and customs due abroad
are in any event payable by the buyer. Invoices issued during or
immediately after an auction are issued subject to review.
9. Karl & Faber shall, in as far as the buyer is committed by these
Terms of Auction or by legal prescription to reimburse costs and/ or
interest, be entitled to liquidate such in addition to the amounts
as
stipulated in Item 8.
10. The purchase price shall fall due for payment upon the fall of the
hammer. Buyers taking part in the auction in person shall pay the
purchase price to Karl & Faber immediately after their bid has been
accepted. Default of payment shall commence two weeks after a bid
has been accepted, also in the case of absent buyers, at the earliest,
however, one week after the date of invoice.
The purchase price shall,
upon the occurrence of default of payment and notwithstanding any
further claims for damages, bear monthly interest at a rate of 1 %
per commenced month. Four weeks after the occurrence of default
of payment, Karl & Faber shall be entitled to disclose the name and
the address of the buyer to the Consignor.
11. The buyer may only offset such claims with respect to Karl & Faber,
which are undisputed or have been finally determined by a court of
law.
12. Payments shall be made to Karl & Faber in cash in Euros. Non-cash
payments shall only be accepted as conditional payment. If payments
are effected in foreign currencies, then any exchange
rate losses
shall be borne by the buyer. All taxes, costs and fees for non-cash
payments (including the bank charges charged
to Karl & Faber) shall
be borne by the buyer. Karl & Faber is under no obligation to hand
over the work of art which has been bought at an auction until all the
amounts owed by the buyer have been paid in full.
13. The buyer shall collect his acquisition without delay, or at the latest,
two weeks after having paid his liabilities in full amount; he shall,
after such time, be in default even if no reminder is conveyed.
As
of this date, or in any event as of the time when the work of art is
handed over to the buyer, the risk of accidental destruction or of accidental
deterioration of the work of art shall pass on to the buyer.
14. Karl & Faber shall, notwithstanding the provisions of Item 13 above,
store the work of art and insure it (at its purchase price) for a period
of one month as of the date of the auction. Thereafter,
Karl & Faber
shall be entitled but not obliged to store the work of art at an art
forwarding agency and to have it insured in the name and for the account
of the buyer. If the buyer wishes to have the transportation of
the work of art carried out, then he shall notify Karl & Faber thereof
in writing. Karl & Faber
shall organize suitable means of transportation
to transfer the work of art to the buyer, and also appropriate
insurance at the latter’s expense and – insofar at the buyer is acting
as an entrepreneur – at the latter’s risk. Karl & Faber may request an
adequate advance
payment for such purpose.
15. The ownership to the acquired work of art shall only pass on to the
buyer after the complete payment of all amounts owed to Karl & Faber.
16. If the buyer is in default of payment, then Karl & Faber may rescind
the contract after having granted an additional period of respite; if
such right is exercised, then all the rights of the buyer in respect of
the work of art bought by auction shall expire
and become void. Karl &
Faber shall in such case be entitled to claim compensation of damages
from the buyer in the amount of lost remuneration for the work of
art (seller’s commission and buyer’s premium), and any costs incurred
for catalogue illustrations. The buyer shall, in addition, be liable
for
transportation-, storage- and insurance costs until the work of art is
returned or – as Karl & Faber may select – is put up for renewed auction.
If the work of art is sold at the next auction or at the auction following
next thereupon, then the buyer shall furthermore also be liable
for any shortfall in proceeds. He shall not be entitled to any surplus in
proceeds. Karl & Faber shall have the right to exclude the buyer from
making further bids at the auction.
17. All the works of art put up for auction may be inspected and viewed
in the context of the preliminary viewing. They are altogether
used,
and the condition they are in, particularly their state of preservation,
corresponds with their age and provenance. Objections
to this condition
shall only be referred to in the catalogue if, in the opinion of
Karl & Faber, they sub-stantially impair the overall visual impression
of the work of art. The actual condition of the work of art at the time
of the fall of the hammer shall, how-ever, in all cases be the agreed
quality as defined by statutory regulations.
18. All the details given in the catalogue or in a corresponding Internet
presentation are merely expressions of opinion made in accordance
with best of knowledge and belief. These details do not constitute a
legally binding confirmatory commitment regarding
quality and nature,
nor any such guarantee. The same applies for the illustrations
in the catalogue; these illustrations
serve for the purpose of giving
interested customers an impression
of the work of art; they are not
part of an agreement regarding quality and nature, nor of any such
guarantee to this effect. Karl & Faber reserves the right to correct
catalogue details regarding the works of art to be sold by auction
before the auction. Such correction may be made by way of a written
notice displayed at the place where the auction is held, or it may be
given verbally by the Auctioneer immediately before the work of art
is sold by auction. The corrected details shall, in any such case, apply
in lieu of the description in the catalogue. All claims against Karl &
Faber shall be excluded with and by these provisions, particularly
all claims for damage
compensation due to defects of quality and of
title, as well as for other reasons [loss/ damage]. This shall not apply,
in as far as such claims are based on intentional or grossly negligent
actions of Karl & Faber [including
its vicarious agents], or if they are
based on the infringement
or breach of essential contractual duties,
or if they concern
damages due to the injury of life, body or health.
19. Karl & Faber undertakes, upon the timely request of the buyer (cf.
Item 19a), to assert the rights and claims provided for under the internal
relationship with the Consignor against such Consignor
– also
before court if necessary – if the buyer has proven that the details
given in the catalogue regarding the origination and the technique of
the work of art bought at the auction are incorrect
and were also not
in agreement with the recognized opinion of experts on the date of
the auction. If claims are successfully asserted against the Consignor,
then Karl & Faber shall refund the purchase price to the buyer
if there are no third-party rights on hand to the work of art, and if
the work of art is returned
in unchanged
condition at the registered
headquarters of Karl & Faber.
19. a) Any and all claims asserted against Karl & Faber shall become
statute-barred one year after the work of art has been handed over
to the buyer. This shall not apply for the claims regulated
by the
provisions stipulated in Item 18., last sentence; these shall become
statute-barred within the periods as provided for by law.
20. These Terms of Auction shall also apply mutatis mutandis for the
subsequent offhand
sale of works of art (socalled
Afteror
PostAuction
Sale) on the open market. Karl & Faber may, for such sales, particularly
impose and charge the considerations and allocations regulated
in Item 8. For this off-hand sale, which is part of the auction,
the Distance Selling Regulations according to §§ 312 b) et seqq. BGB
does not apply.
21. The laws of the Federal Republic of Germany shall apply exclusively.
The United Nations Convention on the International Sale of Goods
(CISG) shall not apply. Munich shall be the place of performance
and
venue, insofar as the same may be admissibly agreed. If one or several
provisions of these Terms of Auction should be or become invalid,
then the validity of the remaining other provisions
shall not affected
thereof. These
Terms of Auction
shall govern
all relations between
the buyer and Karl & Faber. General terms and conditions of business
of the buyer shall not apply. No verbal ancillary agreements
have been concluded. Amendments
to these Terms of Auction are to
be made in writing;
this shall also apply for the relinquishment and
waiver of this writing requirement. If the Conditions of Sale are avaiable
in several languages, the German version shall always prevail.
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Contacter la maison de vente.

Informations Maison de vente

Karl & Faber Kunstauktionen

Amiraplatz 3 80333 München Allemagne
+49 89 22 18 65

info@karlundfaber.de

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