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General conditions of auction

  1. The auction is public and is held voluntarily. One has to be 18 years old to be allowed bidding.
  2. The bidding stages are:
  3. Lots are knocked down after the third call to the highest bidder. The auctioneer has the right in justified cases to refuse to knock down a lot and to combine and divide lots. A bidder is bound by his bid if it is followed by a higher bid which is invalid or which is immediately refused by the auctioneer. In case that a higher bid, which was placed in time, erroneously was overlooked or in any other cases of doubt, the auctioneer may cancellation the knocking down and reoffer the lot. On the fall of the hammer a contract is established between the seller and the buyer.
  4. Written orders (including fax) to bid will be executed conscientiously and safeguarding the client’s interests. The maximum prices as offered will be exhausted only to the extent as necessary to overbid other offers.
  5. The auctioneer receives a commission from the buyer of 15% of the hammer price plus 7 zł for each purchased lot. The buyer will be charged with the cost of postage, packing, insurance and the cost of import if necessary.
  6. Invoices to room bidders are payable immediately, all other invoices are payable upon receipt.
  7. Persons bidding for third parties should make this known to the auctioneer before the auction; otherwise they may be deemed to be the buyer.
  8. Lots remain the property of the seller until payment has been made in full which includes clearance of any cheques and payment of any bills of exchange. The buyer has no right to request delivery of any lots until payment has been made in full.
  9. Bidders present in the room have to pay the sales price immediately (plus comission, taxes and costs). In justified cases they can pay within 7 days.
  10. In the case of written bids, invoices have to be paid when received.
  11. If payment is not received by the auctioneer within 7 days of invoice date, 10% percent of the invoice amount will be charged for each month. If the buyer breaks the contract, he is liable for damages. In this case, the auctioneer may claim flat-rate damages in the amount of 25% of the hammer price (compensation for loss of Vendor’s and Buyer’s premium as well as other expenses).
  12. The risk passes on the buyer as soon as the lots are handed over to the Post Office.
  13. All lots may be viewed and checked before the auction. The description of lots is done with almost care and according to the best knowledge of the auctioneer.
  14. All the claims relating to defects of the lots must be received by the auctioneer within 14 days of handing over or delivery. The auctioneer is entitled to require the buyer to obtain at his expense reports from two independent experts that substantiate the claims. In case of reversed transaction the auctioneer will reimburse the hammer price and his commission to the buyer; any further claims to him are excluded. Complained lots have to be returned in their original position without any alteretion.
  15. No claims of any sort may be made in respect of lots containing more than two items, collections and accumulations. Lots which are described in the catalogue as having faults or which faults are clear from the catalogue photographs, which do not justify a complaint.
  16. Trade and swap businesses are not allowed at the auction. The auctioneer is also authorised to exclude persons from the auction without mentioning any reason.
  17. The auction currency is exclusively ZŁOTY. The prices stated in the catalogue are the starting prices. To bid below the starting prices is possible after auction.
  18. With placing a bid the buyer acknowledges that he has noted and accepted the General Conditions for Auction. The auctioneer is authorised to exercise in his own name all rights resulting from the contract also in court.
  19. Place of fulfilment for either party shall be Warsaw; any disputes arising shall be referred to the court having jurisdiction in Warsaw under Polish law.

    This translation of the “Ogólny regulamin aukcji” is provided for information only. The Polish text is to be taken as authoritative.