General Terms and Conditions of Auction
1. Austria Auction Company Langauer GmbH (Auctioneer) conducts public auctions as a commission agent in its own name and on behalf of the consignor, who will remain anonymous in public, under the terms and Conditions listed in the Terms and Conditions and below.
2. The prices listed in the catalog are only Estimates.
3. Each bidder buys in his own name and for his own account, unless prior to the auction other arrangements have been made in writing, or by a written power of attorney. Written or telephone bids must be arranged in advance, but not less than 24 hours before the date and time of auction. This must be done in the name of the bidder, citing the catalog number and maximum bid (hammer price), which is understood to be an aggregate amount without charges and sales tax (hammer price). For telephone bidders the lower estimate is the minimum bid. All errors, mistakes and inaccuracies will be borne by the bidder, in case of doubt the catalog number is the determinant. AAC shall not be held liable for any problems with any telephone bid or email bid. By placing a bid, the bidder confirms agreement with all Terms and Condition listed here and in the Terms and Condition in the catalog. AAC expressly reserves the right to reject any bid without reason.
4. The auctioneer reserves the right to combine catalogue numbers, to sell out of sequence, to withdraw any lot, or to cancel the sale without reason. The bidding can begin at any amount at AAC’s discretion. Bidding will be increased by approximately 10%, or at any amount at the discretion of AAC.
5. AAC can refuse any bid at its discretion. If several bidder make the same bid simultaneously, and after three unsuccessful attempts to raise the bid, AAC at its discretion will decide who will win the lot. Should a bidder immediately complain about a missed bid, or raise immediate questions about the selling of a lot, AAC has the right to reoffer the lot. In any case AAC shall only be liable for gross negligence.
6. The buyer will win a lot only after three unsuccessful calls for a higher bid have been made. AAC can close the bidding at any time and announce a lot is unsold. In such a case the highest bidder of record will be bound for a period of three weeks to honor his bid. If that bidder does not receive, within that period, the unConditional acceptance of that bid, this contract expires. If during that period there is a higher bid AAC can accept it. At AAC’s discretion it will notify the bidder of the receipt of a higher bid to allow the bidder to raise his bid accordingly. AAC will use the bidder’s registered address for notification but in no event will AAC be bound to make any such notification.
7. Consignor and buyer agree any sale completed on any associated Internet platform will be governed by the terms and Conditions of the operator of that platform. If there are no terms and Conditions on that platform then those of AAC will apply. Consignor and buyer agree if there are conflicting terms and Conditions between AAC and the operator of an internet platform then those of AAC will apply. Consignor and buyer agree AAC assumes no liability for damages of any kind arising when bidders or third parties use the services of AAC. In particular, AAC is not liable for any damages due to any technical or other defects (e.g. power failure, system failure, etc.).
8. The consignor and buyer agree the winning bid is a contract and the buyer is committed to purchase and pay promptly. The consignor and buyer agree AAC assumes no responsibility for any damage, loss, confusion, etc. in delivering the successfully sold object to the buyer.
9. Consignor and buyer agree objects will be sold by AAC under the differential tax rules. AAC’s 24% premium only includes the VAT of the differential tax. For corporations who have a pre-tax allowance the 20% remains, and in addition a 20% VAT charge of the total amount will be added. If an EEC company operating outside of Austria is the buyer then the sale is subject to the transfer tax of that country. In this case where no Austrian VAT is to be paid the buyer must notify AAC prior to the sale in writing and include its VAT identification number (UID). If the buyer is located outside of the EEC then the VAT will be refunded only if the buyer provides AAC with proof of proper export. The buyer agrees to pay for any and all objects successfully purchased at the auction immediately after the last lot is sold unless prior payment arrangements have been approved in writing by AAC. For buyer wishing to settle their bill immediately after the auction AAC will generate an invoice and the buyer must check this for any errors and immediately bring those errors to AAC’s attention.
10. Buyer agrees to pay in Euro(€) by cash. All other forms of payment must be agreed to by AAC prior to the beginning of the auction. Buyer agrees any expenses related to payments will be paid by the buyer and not by AAC. Buyer agrees AAC will not surrender the object until full payment and any other related charges have been collected in full by AAC.
11. Buyer agrees any payment not made immediately after the auction ends will accrue interest at the rate of 1% per month or part thereof. The auctioneer may claim damages from the buyer for non-performance in case of default by either breach of contract or after expiry of a reasonable grace period. Should the buyer be deemed in default AAC at its sole discretion may re-offer the object for sale either in private sale or by auction. The buyer agrees to pay in addition to the original invoice any charges AAC should have to bear in reselling the object. Should AAC sell the object for more the buyer is not entitled to receive any excess proceeds and agrees to be considered as the consignor for such a sale.
12. Buyer agrees to take possession of his purchase immediately after the auction. Should the buyer fail to take possession then, or after further attempts by AAC to notify the buyer to take possession, AAC is entitled to damage delay compensation as in the same manner as if the buyer did not pay. Immediately after the object is purchased under the hammer the auctioned object is stored at the expense and risk of the buyer. The buyer agrees any undelivered object may be store by AAC at its sole discretion and any reasonable charges for that storage will be the responsibility of the buyer. The buyer agrees shipping and packaging of any purchased object is on request only and at its own cost and risk. Such arrangement must be agreed to by AAC in writing but under no circumstances will AAC be liable for any claims of loss, damage, etc.
13. All objects offered by AAC for auction may be inspected and examined prior to the auction at the stated time and place listed in the catalog. The object are offered without any expressed liability or warranty by AAC. It is the buyers sole responsibility to make an inspection and while AAC will help to do this buyer agrees not to hold AAC responsible for any and all claims related to this help. The catalog details have been created to the best of AAC’s knowledge and belief, but there are no guarantees in the legal sense (§§ 922 ff Civil Code) for this information. They are not part of any contract between AAC and the buyer or consignor. Buyer and consignor agree all objects are sold where is and as is.
14. The auctioneer agrees if there are any gross errors in the catalog description proven beyond reasonable doubt, which grossly devalue the purchase, the buyer has the right within a reasonable time period and by written notification to AAC to a refund of the purchase price (hammer) exclusive of the refund of any other payments.
15. The consignor may withdraw any object from the auction but this must be done by written notice to AAC prior to one month before the date of the auction. If the consignor does this a fee equal to 22% of the high Estimate must be paid to AAC. In no event will AAC withdraw any lot until this fee is paid in full prior to one month before the auction date.
16. Consignor and buyer agree not to hold AAC responsible for any claims other than those judged to be grossly negligent.
17. Consignor grants AAC the right to place a lien on any objects should there be any unpaid payments due AAC. Consignor agrees to be responsible for any incidental charges related to AAC’s collecting any unpaid bill. Consignor agrees AAC may sell any object to collect any unpaid bills according to the relevant statutory provisions. The same, without restriction, applies to all circumstance between AAC and a buyer.
18. Consignor and buyer agree the jurisdiction of the local court in Vienna will apply. In any event only Austrian law applies. Consignor and buyer agree the UN Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG 89 BGBl II) shall not apply. Should any part of this agreement be found invalid it does not change any of the other parts. Consignor agrees if any invalid part of this agreement is replaced AAC has the sole right for its agreement.
19. Consignor and buyer agree these terms and Conditions also apply for any subsequent private sale of objects by AAC to any purchaser.
20. AAC will not release any consignor or buyer private information unless there is a legal obligation or substantiated claims by third parties. In the case of a valid claim by a third party AAC has the right to release the personal data of the consignor or buyer. At AAC’s sole discretion any private information may be used in its marketing and any other commercial activities. However, AAC will not give this information to any other third parties for their use.