Terms and conditions

1) Tribal-Art-Auction Zemanek-Münster arranges public auctions.

2) Auctions are held by the auctioneer as commissioning agent on behalf of third parties with the exception of its own goods. Catalogue descriptions are correct to the best of the auctioneer’s knowledge and belief. They are based on details provided by the vendor and the auctioneer's own examination.

3) All items lots to be put up for sale may be viewed and inspected prior to and during the auction. The auctioneer does not assume liability for mistakes in the catalogue: age, origins, size, weight or damage, etc. The catalogue descriptions do not constitute trade descriptions within the meaning of §§ 459 ff of the German Civil Code (BGB).

4) The auctioneer has the right to combine and separate items or auction them in a different order or withdraw them altogether.

5) During bidding items are increased by approximately 10 %. A lot is knocked down if no higher bid is made after three calls and the vendor’s minimum specified price has been reached.

6) In the event of a knock down under reserve, the bidder will be held to his or her bid for three weeks. Once a reserve is declared, the catalogue item may be sold to a limit bidder without further consultation. Where the auctioneer rejects a bid, the previous bid will remain binding. Where there are two bids at the same amount, lots shall be drawn.

7) In the event of a disagreement over a knock down the auctioneer may decide to either immediately repeat the knock down in favour of a particular bidder or call the lot again at his or her sole discretion. Once a lot has been knocked down, the bidder is legally obliged to purchase the item. From this point on any possible risks that may arise: loss, damage, etc. are passed on to the Purchaser.

8) All bidders are to purchase under their own name and on their own account. The knocked down bid (purchase price) is the net price.

9) An additional premium of 19 % will be added to the knock down, as well as VAT resulting from the premium.

10) Payments shall be made in cash in EUR (€) directly on the day of the auction. Non-cash payments shall only be accepted on account of performance upon special agreement. The auctioneer is not liable for due presentation, protestations, notifications or return of uncashed payments / means of payment. In the event of non-cash payment having been approved of by the auctioneer, all costs, taxes and fees resulting from the payment (including all bank charges accounted to the auctioneer) shall be borne by the buyer.

11) Where a purchase has been arranged in writing, payment should be completed within ten days of the invoice date. Ownership only passes to the Purchaser once payment has been made. The auction item will be delivered once this has been arranged.

12) Default interest is charged in the event of payment delay, with the amount in the case of private buyer being equivalent to 5 % of the discount rate of the European Central Bank or, in the case of commercial buyers, 8 % of the relevant discount rate per month or part thereof. The Auctioneer is also entitled to lodge claims against the buyer for culpable neglect of duties. After the second formal reminder, the Auctioneer is entitled to levy a default surcharge equivalent to 3 % of its total claim as compensation for damages incurred unless the buyer is able to prove that no damage or a much lower level of damages has been incurred. Instead of the flat-rate damage compensation amount, the Auctioneer may demand reimbursement of its specific damages incurred. These damages may also be calculated in such a way that the property item in question will be re-auctioned in another auction with a limit determined at the dutiful discretion of the Auctioneer and the defaulting buyer will be liable for any reduced proceeds in comparison with the previous auction and also for the costs of the repeat auction and including the commission and disbursements of the Auctioneer; the defaulting buyer will not be entitled to any additional proceeds in this case and his rights in connection with the previous knockdown will lapse concurrently with the new knockdown. The defaulting buyer will not be permitted to place further bids. All claims of the Auctioneer against the buyer will be due immediately in the event of delay.

13) Items that have not been collected up to five weeks after the auction may be stored by a freight forwarding company without reminder in the name of and at the expense of the Purchaser. The Purchaser shall bear all risks for this arrangement.

14 a) Packing
and transportation
The packing of your objects is a non-binding service we offer for a lump-sum of 50 Euro. Any bulky goods and transports out of the EU will be calculated on request and charged separately.

14 b) Transportation Insurance
An obligatory insurance covers risks associated with transportation.
Within Germany we charge 1,5‰ to the knock-down and the premium, within Europe (including Switzerland and Norway) it is 2,5 ‰, for North America it is 3,5 ‰ and 6,0 ‰ for the rest of the world.

14 c) Customs Declaration
We offer a customs declaration for only 30 Euro for all amounts above 1,000 Euro. For all smaller amounts, we don’t need any declaration.

15) Bidder orders are handled with the utmost care; they should contain precise instructions, communicated in writing and arrive least one day before the auction. Written bids more than 20 % under the starting price will not be considered. On account of the legal uncertainty no liability shall be assumed with regard to e-mail bids.
Telephone bidding is only possible for lots with an estimated price in excess of 300 Euro. It will be only accepted on condition that the estimate price is the minimum bid. For telephone connection no guarantee can be given. Those, who bid by phone are reminded that these phone conversations are recorded and listened. Everybody bidders expressly declare to agree with it. If there are objections, these are to collect by the bidder in advance in writing. The auction house reserves the right to exclude such bidders from participation. Upon completion of the transaction the records will be deleted immediately.

16) Unknown bidders are required to provide proof of adequate security before the start of the auction; otherwise the commission might not be carried out.

17) Bidders should take care when inspecting items, as all they will be fully liable for any damages.

18) Should any clause in these terms and conditions prove to be void, the other clauses will remain in force.

19) These terms and conditions apply correspondingly to the post auction sale or open sales of auction items at the auctioneer’s own discretion.

20) Place of performance and jurisdiction for both is Würzburg.

21) These terms and conditions are governed by German law.

1) The auction house will sell those items listed on grey pages by silent auction. Prospective buyers at a silent auction can only place bids in writing (see article 15 of the “Conditions of sale”). Items at a silent auction will not be called. This means that it is not possible to submit personal or telephone bids for these lots.

2) Written bids for items in a silent auction must be have reached the auctioneer in written form no later than 24 hours before the beginning of the auction and be comprehensible and complete in the opinion of the auction house. On account of the legal uncertainty no liability shall be assumed with regard to e-mail bids.

3) These conditions and the abovementioned terms and conditions apply to each and every bid and hence the contract of sale. Amendments must be in writing to be valid. This is a translation of the German version, in the event of any dispute over interpretation the German version shall prevail.

1. ZEMANEK-MÜNSTER TRIBAL-ART-AUKTIONEN (hereinafter referred to as the “Auctioneer”) sells the items at public auction as commission agent and for the account of the depositors (consignors), who names are not disclosed. The enclosed Auction Conditions should be recognized by the Consignor as forming an integral part of the contract.

2. The Consignor confirms that he is the rightful owner of the consigned property with the appropriate powers of disposition or is authorized to act on the owner’s behalf.

3. The items to be auctioned are second hand. Should defects or concerns about defects arise before the auction, the Auctioneer is entitled to withdraw the property in question from the auction or to postpone the auction to another date.

4. If an agreed limit is not reached, the Auctioneer is entitled to knockdown subject to reservation. The Consignor is obliged to notify the Auctioneer of his or her decision on this matter immediately and in writing. The Auctioneer is entitled to a percentage where multiple items are to be auctioned.

5. The items to be auctioned are to be delivered to the Auctioneer at the cost and risk of the Consignor.

6. The Auctioneer is commissioned to insure the property items against any risks (especially fire, theft and damage) at the cost of the Consignor for the amount of the limit, less the agreed discount. More extensive liability from the insurer is excluded. Damages caused as a result of terrorism or hazards resulting from the use of chemical, biological, biochemical substances or electromagnetic waves as weapons dangerous to the public, regardless of other causes involved, remain excluded from the insurance cover. The share of costs of risk shall amount to 0.5 % of the limit or estimated price (plus + VAT). The insurance covers the period from consignment until 2 weeks after settlement. If the Consignor does not wish insurance cover to be taken out by the Auctioneer, the Auctioneer will be exempted from all statutory or contractual liability, unless the Auctioneer is guilty of wilful intent or gross negligence. This liability exclusion shall also apply to the personal liability of legal representatives, senior employees, other employees and vicarious agents of the Auctioneer.

7. Unsold objects should be picked up unprompted by the Consignor 14 days after billing at the very latest in accordance with section 12 of these conditions. After this period, the Auctioneer can put the objects into storage at the Consignor’s expense and risk either on his own premises or with a third party and/or place the item in a further auction, whereby the limit will be automatically reduced by 50%. In the event of a third auction the limit will be removed altogether. The Consignor will be informed if their item is to be included in a further auction. Where storage is required, the Consignor shall also bear the costs of any necessary insurance. For storage, a fee of up to 6 Euros (plus VAT) per object per day or the rate of the storage company will be charged. Appointments for the collection of stored objects are to be arranged with the Auctioneer. Transportation, packaging, insurance and return shipment of unsold objects will be undertaken at the delivering party’s cost and risk; the auctioneer is only the facilitator for these services. Return shipments will only be arranged where the Auctioneer or the company assigned to undertake this task has received a signed shipping order from the Consignor (the Consignor receives this form together with the invoice for the auction) and when all shipping costs and other services provided by the Auctioneer have been paid for.

8. Proceeds attributable to the Consignor for auctioned property items are settled by deducting the agreed commission and all expenditure from the hammer price. For consignments within Germany and the European Union, statutory value-added tax is included in the commission and is will listed separately.

9. If the Consignor withdraws the assignment he or she will be liable to pay a flat rate compensation fee equivalent to 30% of the estimated value of the item as well as any costs incurred by the Auctioneer, plus VAT. The same also applies should execution of the order be cancelled on account of a culpable breach of duty by the Consignor; especially where there are defects in the quality of the item (see section 3 above). The Auctioneer reserves the right to enforce additional damages. The Consignor has the right to provide proof that no damage has occurred or that or that it is much lower than the flat rate.

10. The relevant VAT rate is applicable.

11. Should the Auctioneer not receive the auction proceeds from the Buyer, the Auctioneer will not be liable to the Consignor to settle the transaction, including after notification of its execution, by informing the Consignor of the name and address of the Buyer. Liability for the sale proceeds shall only apply to the Auctioneer where he or she has already handed over the item auctioned to the Buyer.

12. Sale proceeds will handed over to the client approximately 4 weeks after the auction.

13. In accordance with § 25a of the German VAT Law (UStG), consignments in Germany and consignments from countries within the European Union are subject to differential taxation. Repayment of the value-added tax on the net proceeds is therefore not possible.

14. Where objects are not auctioned off in the intended auction, they shall remain available for post-auction sale; the conditions of contract apply accordingly.

15. Costs of any legal actions or prosecution abroad shall be borne by the Buyer in the event that they are not reimbursable under the respective national legislation.

16. This contract includes all agreements between the Consignor and Auctioneer. Any amendments to this contract must be made in writing in order to be valid.

17. The place of performance is Würzburg. If the Buyer is a registered trader or if he or she has no general legal domicile in Germany, Würzburg shall be the legal venue. German law shall apply: the Convention on Contracts for the International Sale of Goods shall not apply.

18. Should one or more provisions of these Conditions of Contract be wholly or partially invalid, the validity of the other provisions will remain in full force and effect.

19. The Consignor took note of, and duly recognized, the aforesaid Conditions when the auction order was issued.