CONDITIONS OF SALE

RIPPON BOSWELL sell at auction in the name of and for the account of third parties subject to the following conditions, which all participants recognise.

1. Viewing:
Prospective buyers can view the goods to be auctioned at the publicised times and at their own cost and risk.
2. Bids:
2.1
The auctioneer reserves the right to combine or separate lots, call lots out of catalogue order or withdraw lots.
2.2
The auctioneer has the right to refuse bids without explanation.
2.3
Interested parties who are not present in person can submit written bids which have exactly the same validity as bids made at the auction. Written bids must clearly state the object to be sold and the amount of the bid and must arrive at the latest on the day before the auction.
2.4
A bidder remains bound to his/her bid should a subsequent bid prove to be invalid or be refused by the auctioneer.
2.5
A bid is valid if noted by the auctioneer. A higher bid made simultaneously with or following the hammer fall will fundamentally not be taken into account. Section 2.4 is not affected by this.
2.6
All bids are regarded as given in the name of and for the account of the bidder personally, unless the bidder makes the person on whose behalf he/she is bidding known to the auctioneer prior to the auction and states this person’s name and address.
3.
Acceptance of a Bid:
3.1
A lot is knocked down to the highest bidder at the third time of asking. The auctioneer can refuse to knock down a lot or can knock it down on a provisional basis; in the latter case the bidder is bound to his/her bid for six weeks. To protect the object consigned, the auctioneer is entitled to knock it down to the consignor for an amount below the agreed reserve. In such a case, the lot is `bought in’.
3.2
If several people offer identical bids for a lot and if, after the third time of asking, no higher bid is forthcoming, a draw shall decide the successful bidder.
3.3
The auctioneer can invalidate the hammer fall and call the lot again if a higher bid given in good time is mistakenly overlooked, or if the highest bidder wishes to withdraw his/her bid, or if there are any other doubts about the fall of the hammer.
3.4
On the fall of the hammer a contract of sale comes into force between the consignor, represented by the auctioneer, and the successful bidder.
3.5
With the auctioneer’s acceptance of the successful bid, all risks for damage or loss to the object for which RIPPON BOSWELL are not responsible pass to the purchaser.
4.
Payment:
4.1
On the fall of the hammer the successful buyer is obligated to pay the hammer price, plus a premium of 22%, in addition to statutory VAT on the commission. Payment becomes due with the fall of the hammer. Payments by purchasers not present at the auction who submitted bids in writing or by telephone are due within 14 days of the invoice date.
4.2
RIPPON BOSWELL, as the consignor’s representatives, are authorised to undertake all legal and commercial aspects of debt collection, including judicial action.
4.3
Payments must be made in cash. In the case of bank transfers or cheque payments, the full invoiced amount must be credited before payment can be considered fulfilled. Bank charges are borne by the buyer.
4.4
In the case of late payment, interest of 1% per month will be charged on the arrears. Moreover, RIPPON BOSWELL may withdraw from the contract of sale after setting a deadline for payment has proved unsuccessful and, if the buyer is responsible for the delay, may demand compensation. Alternatively, the object may be resold at a new auction. In this latter case, should a lower price result than at the original auction, the difference plus all costs involved in repeating the auction, including RIPPON BOSWELL’s fees, will be charged to the defaulting buyer. 
5.
Collection:
5.1
The purchaser is obliged to collect his/her purchases immediately after the auction. If, exceptionally, an object that has been sold is handed over prior to complete payment, the title of ownership shall not pass to the purchaser until full payment of the hammer price and premium has been made to RIPPON BOSWELL. The buyer is not entitled to sell on or alter the object in any way until full payment has been made.
5.2
Should any objects that have been sold not be taken away by the buyer, they will be stored by RIPPON BOSWELL at the buyer’s expense and risk. There will be no insurance cover. RIPPON BOSWELL can charge a fee for storage, based on what is normally charged on average for similar types of goods, plus handling costs and VAT.
5.3
Sold objects will only be despatched or transported at the buyer’s request and expense. The risk passes to the buyer as soon as RIPPON BOSWELL hand the goods over to the person nominated to undertake despatch. RIPPON BOSWELL will determine the type and means of despatch/transport as they consider appropriate. Transport insurance will only be provided on request.
6.
Guarantee:
6.1
The estimates in the catalogue are not minimum or maximum prices. They serve as guidelines to indicate market value, without any guarantee as to accuracy.
6.2
The objects are used; they are sold in `as is’ condition at the fall of the hammer. Catalogue descriptions do not constitute guarantees as to the condition of objects. RIPPON BOSWELL accept no liability for defects but are however prepared to notify the consignor of substantiated faults or defects that are brought to their attention in good time within the guarantee period.
7.
Parties to the Contract:
On written request, the name and address of consignor or buyer respectively can be made available to the other party to the contract following the auction.
8.
Open-market Sales:
These conditions are also valid, where applicable, should RIPPON BOSWELL sell unsold objects for consignors on the open market after the auction; the provisions for distance sales agreements do not apply in this instance.
9.
Final Provisions:
9.1
German law shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) is not applicable.
9.2
The place of fulfilment and jurisdiction for business matters is Wiesbaden, Germany.
9.3
Should any one of the above terms become null and void, the validity of the remaining terms shall remain unaffected.

 

RIPPON BOSWELL & CO. GmbH
Friedrichstrasse 45, 65185 Wiesbaden, Germany