11. The handing over or dispatch of the lots at auction shall take place only after full payment of the auction invoice. The delivery of lots on account is at the sole discretion of the auctioneer. Costs incurred abroad such as customs duties and taxes as well as associated shipping and insurance costs are the sole responsibility of the buyer. Shipment to the Russian Federation is expressly at the risk of the consignee.12. The object of the auction remains the property of the sender until full payment of the auction invoice. 4.3 Written bids from bidders who are unable to attend the auction in person will be accepted by Koller up to 24 hours before the start of the auction. A copy of the bidder`s valid passport must be attached to the auction. Bidders who are not sufficiently known to Koller must also attach a copy of their credit card. 5.1 Each item for sale at auction will be called individually. Koller reserves the right, after consultation with the FCA, to group, separate, omit or propose numbered lots in the catalogue. 5.6 All successful bidders are personally responsible for awarding the contract awarded to them and the purchase contract they have concluded. Proof of power of representation may be required of persons tendering as agents on behalf of a third party or as organs of a legal person.
Such an agent shall be jointly and severally liable with the represented party for the performance of all obligations. 15. The authenticity of the auctioned items is guaranteed. Only the buyer is entitled to claim the guarantee and cannot be transferred to third parties. The assertion of the warranty claim assumes that the buyer informs Hess Divo AG by registered letter immediately after the discovery of the defect and returns the infringing item for auction to Hess Divo AG in the same condition in which it was handed over to the buyer, without being subject to claims by third parties. The buyer must prove at his own expense that the object of the auction is a forgery. Hess Divo AG may request the purchaser to obtain the opinion of two recognized independent experts in this field at its own expense; However, Hess Divo AG is not bound by such advice and reserves the right to seek additional expert advice at its own expense. 5.2 After three calls for tenders, the draw is drawn at random for the benefit of the highest bidder recognized by Koller, provided that his tender is at least equal to the minimum hammer price.
The minimum auction price is indicated in the auction catalogue. Auctions of objects offered in these catalogues (“modern and contemporary art”; Seizure and “Farbergé and objects of virtue; Foreclosure auctions are foreclosure auctions (§ 1) carried out by Koller Auktionen AG (“Koller”) on behalf of and on the basis of information provided by the Swiss Confederation, represented by the Federal Customs Administration (“FCA”). The items are seized by Koller on behalf of the FCA and on behalf of the owners represented by the FCA. The lot is awarded to the bidder recognized by Koller who submitted the highest bid in Swiss francs at the auction (“bidder”). This is not a purchase contract under private law, but a seizure procedure. Details can be found in Section 5. Koller is therefore not a party to a purchase contract under private law and/or to the purchase under the law of performance. 9.4 The courts of the Canton of Zurich are competent to settle disputes arising from a purchase resulting from the forced sale. Now it`s the turn of potential buyers: after the visit, they usually have two to three weeks to submit their first offers. The seller then informs them of the highest bid. If this price is not too high, a potential buyer can then submit a new bid until the agreed number of bidding rounds – usually two to four – is reached. This is followed by negotiations, further questions on construction guarantees or, if necessary, further visits.
Unlike a conventional auction, bids from interested parties are not binding. Participation in our auctions implies acceptance of these conditions. All disputes between the parties are submitted exclusively to the Swiss court with its seat in Lugano. At the beginning of the auction, the auctioneer determines the auction stages. However, increments can be changed by the auctioneer at any time. In the event of a tie, the auctioneer may decide which prevails in the last auction or starts with the auction. The sale of the lot is valid and final after the third call for receipt and the fall of the hammer. 1.
The auction shall take place voluntarily and publicly in the name of Hess Divo AG on behalf of the sender(s), who shall remain anonymous. 14. The lots for sale at auction are described to the best of our knowledge and convictions and with the utmost care. Tenderers have the possibility to inquire personally or through a representative of the status of the lots during the inspection days indicated in the catalogue. Justified complaints about the condition of the auctioned item must be received by Hess Divo AG by registered mail. Complaints due to disagreements over the degree of conservation of a lot will not be accepted. Lots containing more than one piece are excluded from claims of any kind. 2.2 If the offer is submitted live via the Internet as part of an online auction (“live auction”) or if a pre-sale offer is submitted via an external site linked to Koller, an additional premium of 3% of the hammer price will be charged. In addition, for bids placed in a live auction, the terms and conditions published on the live auction website apply. These may differ from those published here.