Conditions of Sale
RIPPON BOSWELL sells by public auction in the name and for account of their consignors. Auctions are subject to the following conditions, which all participants in the auction shall be deemed to accept.
Prospective buyers may inspect and examine the objects for sale at the published times at their own risk and expense.
- The auctioneer reserves the right to combine or divide lots, to sell lots irrespective of the numerical catalogue order, or to withdraw lots as he may see fit.
- The auctioneer reserves the right to reject any bid without explanation.
- Absentee bidders may place written bids, telephone bids, bids by fax or online bids; when bids are placed by telephone, fax or online, RIPPON BOSWELL shall not be liable for the technical transmission being successfully established. Such bids must unequivocally name the object of interest and the sum offered, and must arrive no later than one day before the auction date.
- Bidders shall remain bound by their bids in cases where a subsequent higher bid is invalid or is rejected by the auctioneer.
- Placement of a bid shall be effective from the time it has been acknowledged by the auctioneer. Higher bids placed after or simultaneously with the fall of the hammer shall not be accepted. This shall not affect the provisions of Section 2.4.
- All bids shall be deemed to have been placed in the bidder’s own name and for his or her account, unless the bidder, before the start of the auction, names a person in whose name and for whose account he is bidding and makes known his or her address.
- Each lot will be knocked down to the highest bidder after calling the highest bid three times. The auctioneer may refuse to sell a lot, or may sell it conditional to the consignor‘s permission (Unter Vorbehalt). In the latter case the bidder shall be bound by his or her bid for six weeks. To protect a consigned object, the auctioneer is authorised to knock it down to the consignor for a sum below the reserve. Such lots are ‚bought in’.
- Should two or more bidders bid the same amount for a lot, and should no one raise their bid upon the third call, a draw shall take place to determine the successful bidder.
- The auctioneer may cancel a successful bid and re-open bidding on a lot in cases where a higher bid correctly placed before the fall of the hammer has been accidentally missed, where the highest bidder contests his bid, or where other doubts arise concerning the fall of the hammer.
- The fall of the auctioneer’s hammer concludes a contract of sale between the consignor, who is represented by the auctioneer, and the successful bidder (buyer).
- At the fall of the hammer, any risks regarding damage or loss for which RIPPON BOSWELL is not responsible shall pass to the buyer.
- Placing a successful bid obligates the buyer to pay the hammer price as well as a buyer’s premium of 23%, plus VAT on the buyer’s premium. If a successfull bid is placed online by participation in LiveAuctioneers, a buyer’s premium of 28% plus VAT on the buyer’s premium will be charged. Payment is due immediately upon the fall of the hammer. Payments from absentee bidders who have placed written or telephone bids are due within 14 days of the invoice date.
- RIPPON BOSWELL are authorised to represent the consignor in all actions and legal transactions relating to debt collection, including the pursuit of claims in court.
- Payment shall be made in cash in EURO. Payment of invoiced amounts by bank transfer or cheque shall not be deemed to have been fulfilled until the full sum has been credited to RIPPON BOSWELL‘s bank account. All charges arising from foreign bank transactions or foreign cheque collection shall be borne by the buyer. RIPPON BOSWELL cannot accept personal USD cheques.
- In case of late payment, default interest of 1% per month will be charged. Furthermore, in case of delayed payment RIPPON BOSWELL may withdraw from the purchase after setting a deadline to no avail; in cases where the buyer is responsible for the delay they may also demand damages for non-fulfilment. Damages may be calculated by reselling the object at another auction, and by holding the defaulting buyer liable for any shortfall compared to the price achieved in the first auction, as well as all the costs of the second auction plus RIPPON BOSWELL‘s commission. Should a higher price be achieved, the defaulting buyer shall have no claim to the difference. He or she will not be permitted to bid.
- The buyer is obliged to collect his purchases immediately upon the conclusion of the auction. In the exceptional case of a purchased object being released before payment has been made in full, full payment of the hammer price, including buyer’s premium and VAT, to RIPPON BOSWELL is condition precedent to the object’s title of ownership passing to the buyer. The buyer is not permitted to sell, rework or alter the object in any way until full payment has been made.
- Purchases not collected by the buyer will be stored by RIPPON BOSWELL at the buyer’s risk and expense. Insurance cover will not be provided. RIPPON BOSWELL may charge a reasonable fee for storage based on the average standard rate charged for storing similar objects in the respective area. Administrative costs and VAT will be added.
- Purchased objects will only be shipped at the buyer’s request and at his/her expense. The risk shall pass to buyers who are entrepreneurs as soon as RIPPON BOSWELL has handed over the objects to the agent responsible for shipping. RIPPON BOSWELL will decide on the most expedient mode of shipping and means of dispatch. Insurance cover will only be provided at the buyer’s request.
Limitation of Warranty
- The estimates provided in the catalogue do not constitute minimum or maximum prices. They are purely guide prices based on market values, and are provided without guarantee of accuracy.
- The objects are used. They are sold “as is“ at the fall of the auctioneer’s hammer. Catalogue descriptions are drawn up carefully and to the best of our knowledge, but do not constitute descriptions of absolute authenticity, or provide proof of specific characteristics. RIPPON BOSWELL take no responsibility for any defects, but where justified we are prepared to notify the consignor of any defects that are brought to our attention in good time within the warranty period.
- Furthermore the auctioneer shall not be held liable for any defects or other damages except in cases where the auctioneer acted with intent or gross negligence. The liability for death, injury or loss of health shall remain unaffected by this.
Parties to the Contract
Upon written request by the respective consignor or buyer, the name and address of the other party to the contract may be provided once the auction has been concluded.
These Conditions for Sale shall apply accordingly in cases where RIPPON BOSWELL sells objects on behalf of consignors after the end of an auction. Such after-auction sales form part of the auction, and shall not be subject to the provisions on distance sales.
- This agreement shall be exclusively governed by German law. The UN Convention on the International Sale of Goods (CISG) shall not apply.
- Wiesbaden, Germany, shall be the place of fulfilment and jurisdiction in cases where both parties are merchants.
- Should any of the above provisions of these Conditions for Sale be invalid, this shall have no effect on the validity of the remaining provisions.
RIPPON BOSWELL & CO.
FRIEDRICHSTRASSE 45, 65185 WIESBADEN