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CONDITIONS OF SALE

for Bidders at WestLicht Photo Auctions (OstLicht GesmbH)

1 By submitting an absentee or telephone bid, making an on-line bid offer or 7 The lots will be auctioned in numerical order as listed in the catalogue.
by personal participation in an action each and every bidder agrees to abide by The German text of the auction catalogue is binding. The auctioneer reserves the
the following conditions of sale. These conditions also apply to subsequent sales. right to group numbered lots together during the auction, to separate them, to
Where there is a conflict of meaning due to errors of translation, the German text, remove or to change the order as he sees fit. He may refuse an offer and rescind
as printed in the auction catalogue, is binding. Commission bids and personal an accepted bid in order to continue bidding.
information of those submitting lots for sale and bidders will be dealt with by
WestLicht Photo Auctions in the strictest confidence and will not be passed on 8 Bids will be in increments of approx. 10 % of the starting price. As a rule the
to third parties. start price is the one to be found in the catalogue unless there have been higher
written bids. In this case the auctioneer will call a bid favoring the highest bidder.
2 The auction is public and voluntary and will be conducted in accordance This will be approx. 10 % higher than the written offer made by the second
with the regulations set forth in paragraph 288 a ff of the Trade Regulations of highest bidder. Should there be more than one written, highest bid, the lot will
1997 and also in accordance with these conditions of sale. The auction will be be awarded to the first to arrive. The hammer price is the net purchase price.
conducted in our own name and account. Place of jurisdiction is Vienna. Austrian
law is also binding on all foreign bidders. 9 Ownership of the goods only passes to the buyer after payment in full has
been made. When a lot is hammered down, the acquirer is obligated to accept
3 The valuation and expert description of objects will be carried out by the and pay for the lot for which he bid. In no circumstances will the auctioneer
experts of WestLicht Photo Auctions who will take all reasonable care to describe accept the return of any lots. Once the hammer has fallen all risk with regard to
the condition of the lots in the catalogue as accurately as possible. All errors in the article is transferred to the acquirer. However, the lot will only be delivered to
the catalogue are excepted. WestLicht Photo Auctions also reserves the right to the acquirer after full payment of the hammer price including all taxes, fees and
amend any description up to the time of auction. Auctioned items cannot be charges due.
returned (see also paragraph 12).
Should agreement be reached to deliver the item before full payment has been
4 Viewing of the objects intended for the auction is possible within the period made, ownership of the article in question remains vested in the supplier until
stipulated in the catalogue. If it is not possible for a bidder to view an object in payment has been made in full.
person, we will be happy to forward them a more detailed description of the opti-
cal condition. This information may be given by telephone, in writing, or by email. 10 In the absence of an agreement to the contrary, at the end of the auction
Additional photos can only be sent by e-mail. During both viewing and the bidders in the auction rooms must collect and pay for the lots they have acquired.
auction visitors and bidders should exercise the greatest of care since they will Where payment is to be made by bank transfer, the total purchase price is due
be responsible for any damage caused in full. immediately together with any bank charges. Invoices for the items acquired
either in writing or by telephone will be sent to the highest bidder immediately
5 Written bids may be submitted prior to the start of the auction (by letter, fax, after the end of the auction. These must be paid within 8 days of receipt, in full
e-mail or an on-line offer through our home-page). Written purchase orders must and without deduction. Where payment is delayed interest will be due at a rate
reach the auctioneer at least 24 hours before the start of the auction and must be 5 % above the prevailing rate of the »European Interbank Offered Rate«
clearly legible. In order to be taken into account they must also contain the (EURIBOR) / 3 months. Payment may also be made by cash on delivery, money
client’s exact address as well as their highest bid in EURO. The price specified or postal order or banker’s check. The acquirer accepts responsibility for all
therein will be regarded as the highest hammer price. In the case of a successful expenses involved in these methods of payment. Costs relating to packing, trans-
bid, all additional charges will be added to the bill. We carry out written bids port and transport insurance are not included and will be separately detailed on
scrupulously, the highest bid designated therein only being made use of when invoices. We would also like to bring to your attention that we only invoice for
other offers (written or verbal in the auction rooms) make it necessary to do so in packaging at cost price and that because of agreements reached with transport
the interest of the bidder. Telephone bids are only possible on lots worth more companies we can offer favorable transport and insurance rates. Nevertheless,
than EURO 500 exclusive of charges. In the case of telephone bids too, it is storage and packaging is at the buyer’s own risk.
necessary that the intention to bid by phone be deposited in writing with the
auctioneer at least 24 hours prior to the auction. Telephone bidders will then be The auction house is entitled to collect a storage fee of € 1–€ 10 (depending
called by WestLicht Photo Auctions before bidding starts on the relevant lots. on the size and value) per day and item for items auctioned which have not been
However, there can be no guarantee that a telephone connection can, in fact, collected after the expiry of 30 business days from the date of the invoice.
be made. After having been legitimated by means of an identification document
or credit card, auction-room bidders will be given a bidder number before the 11 In the case of refusal to accept delivery or late payment, the buyer is liable
auction starts. for all damages and costs arising there from. In either of these cases the auction-
eer may require that either the contract be fulfilled or damages resulting from
6 The total purchase price consists oft the hammer price, the buyer’s premium non-fulfillment be paid. The lots may then be auctioned again at the expense
and applicable VAT or amount in lieu of VAT at applicable rate. of the buyer. In this case the buyer is liable for the reserve price and has no claim
on any additional revenue made.
For items exported to Non EC countries, the premium is 20 % (if you use
LIVEAUCTIONEERS: 25 %) 12 Auctioned items cannot be returned. However, any case of obvious
misrepresentation must be reported immediately after the auction verbally or
For items not exported outside the EC the premium is 24 % (if you use in writing not more than 14 days thereafter. If the complaint is accepted as valid,
LIVEAUCTIONEERS: 30 %) the buyer has a right to the repayment of the purchase price and charges upon
simultaneous return of the auctioned object. No other claims will be entertained.
On items marked with * 13 % (for photographs) or 10 % (for books) will be added
on hammerprice and premium for buyers within the EC. 13 After completion of the auction we are entitled to sell any non-auctioned
items subject to the normal conditions of business in the name of, and for the
For property with * symbol VAT registered buyers from European Union (EU) account of, the supplier.
contries may have the VAT refunded if they provide us with their VAT
identification number when registering for bidding.

Buyers taking property to a non EU country in person may have the VAT refunded
if they provide evidence that the property has been removed to another country
outside the EU in the form of a copy of customs export documention stamped
by customs officers.

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