I.
Preamble
MEISSNER-NEUMANN aukční dům, s. r. o., hereinafter the Agent, is a legal entity
which enters legal relations in its own name and with its own property. In accordance with
its licence it is entitled to act as an agent of sale of antiques and works of art, doing
so in the form of public auction at the request of the owners of the objects in the sense
of Law No. 174/1950 Sb. on auctions without distraint and §§ 737-741 of the Civic Code,
published in its entirety under No. 70/1983 Sb. in the wording of Laws No. 188/1988 Sb.,
No. 105/1990 Sb., No. 87/1991 Sb. and No. 509/1991 Sb.
II.
General Provisions
1. The Agent auctions the items which have been entrusted to him for this purpose as
agent
of sale, these being items which do not emanate from criminal activity and are not bound
to be received by any national cultural institution (the National Gallery, the National
Museum, the National Technical Museum, the Museum of Applied Arts, the Military History
Museum, etc.). Objects which were intended for or have been proposed
as belonging to the cultural heritage are marked in the catalogue with the letter - P -
and are subject to special regulations according to Czech National Council Law No. 20/1987
Sb. on Care of the State Cultural Heritage, in the wording of Czech National Council Law
No. 242/1992 Sb.
2. The export of all items of cultural value is subject to special regulations according
to Law No. 71/1994 Sb. Items of cultural value according to this law are products of
nature or human works or sets of such which are important for history, literature, art or
science and which meet the criteria contained in Appendix No. 1 to this Law. The export of
these items from the territory of the Czech Republic may be realised only on submission of
a certificate that these are not items declared as part of the cultural heritage or items
which are part of a set declared to belong to the cultural heritage in the sense of Law
No. 20/1987 Sb. on Care of the State Cultural Heritage.
The Bidder
3. The bidder must be a physical person over the age of 18 years or a legal entity
domiciled on the territory of the Czech Republic. The bidder may not be the owner of the
items or a person bidding on his behalf, nor a person who is drunk or grossly infringes
the rules of correct conduct during the auction, nor a person divested of or limited in
legal capacity by the decision of a Court of Law. The Auctioneer is not permitted to bid
either.
4. The auction house is entitled to verify the identity of bidders before issuing the
numbered bidding paddle or before entering the auction room. The verification of the
identity of bidders is carried out on the basis of a submitted document verifying their
identity, i. e. an identity card or valid passport.
Announcement of Auction
5. The Agent will make public announcement of the auction sale, giving time, place and
subject, at least 15 days in advance by means of a written announcement of auction in
which he will state when and under what conditions the public may inspect the items
intended for auction. The announcement is considered to have been made public if it is at
least displayed in the shop of the Agent; together with the issue of the announcement of
auction the Agent may also issue a catalogue of items intended for auction which may be
purchased at places stated on the announcement of auction.
III.
The Auction
1. The auction is public, entry is conditional only on the payment of the entrance fee
and the capacity of the room intended for the auction. Even if these conditions are met,
however, there may not be permitted to enter this room persons under the age of 18 years
(even when accompanied by older persons), persons who are under the influence of drink or
infringing the rules of polite behaviour (in dirty or otherwise unsuitable dress or
behaving in a way likely to upset the bidders, etc.). The auction house is entitled to
refuse any person entry to its premises or to the auction completely according to its own
consideration.
2. At least one day before the auction takes place the Agent will also permit the
inspection of the items included in the auction in the place stated in the announcement of
auction. This condition need not apply to items weighing over 15 kg (in such cases only
photographs of the items need be displayed).
3. For the duration of the exhibition in the sense of Article III.2 and of the actual
auction it is not permitted to sell, display or exchange any items among the visitors and
in any way to record visually (i. e. film or photograph) the items exhibited or auctioned.
During this time all visitors are obliged to observe all measures taken for the protection
of the exhibited or auctioned items.
Course of the Auction
4. Anyone with an entry ticket to the auction in the form of a catalogue is entitled to
be issued with a bidding paddle; the company may ask for a deposit on this. The deposit
will be returned on return of the bidding paddle which may be returned not more than one
hour after the last item has been auctioned. If the bidding paddle is returned later than
this the deposit will not be refunded. Anyone with-out a bidding paddle may not bid; this
does not apply if the Agent is bidding on someone's behalf.
Reserve Price
5. The auction is carried out by the Agent with his employees who are obliged to invite
bidding on each item (or group of items) separately and state its number according to the
catalogue, its common (estimated or official) price and the so-called reserve price, which
is at most 2/3 of the common price and is rounded to the nearest:
a) 50 CZK if the price is less than 1,000 CZK
b) 100 CZK if the price is over 1,000 CZK, but less than 10,000 CZK
c) 500 CZK if the price is over 10,000 CZK, but less than 30,000 CZK
d) 1,000 CZK if the price is over 30,000 CZK, but less than 100,000 CZK
e) 5,000 CZK if the price is over 100,000 CZK.
The reserve price is the amount for which the item will first be offered
in the auction.
Raising Bids
6. The auction of an item is taking place if the bidders make higher bids; a higher bid
is considered made if the bidder visibly raises the bidding paddle held in his hand. If
there are several such bids the Auctioneer calls successively higher bids. The increments
are made as follows:
a) by 50 CZK if the immediate bid is less than 1,000 CZK
b) by 100 CZK if the immediate bid is at least 1,000 CZK, but less than
5,000 CZK
c) by 500 CZK if the immediate bid is at least 5 ,000 CZK, but less than
20,000 CZK
d) by 1,000 CZK if the immediate bid is at least 20,000 CZK, but less
than 50,000 CZK
e) by 5,000 CZK if the immediate bid is at least 50,000 CZK, but less
than 100,000 CZK
f) by 10,000 CZK if the immediate bid is at least 100,000 CZK, but less
than 500,000 CZK
g) by 50,000 CZK if the immediate bid is over 500,000 CZK
h) any higher amount offered by any of the bidders.
The immediate bid is the one called in the course of bidding.
IV.
The Successful Bidder
1. If no further bid is made after a bid has been called twice, the Auctioneer
announces the last bid once more (the price achieved after the last raise - the auction
price) and knocks down the item to the last bidder. The person whose bid is knocked down
is the successful bidder. With the stroke of the hammer the ownership right to the
auctioned item passes to the successful bidder.
2. The successful bidder is the bidder to whom the auctioned item was knocked down and any
conflicts connected with this depend exclusively on the decision of the person holding the
auction (the owner of the auction room). If a bidder is raising bids for a person who is
not bidding himself, then both are jointly responsible for the meeting of all obligations
and liabilities arising in connection with the auction.
3. The ownership right passes to the successful bidder with the blow of the hammer.
4. The successful bidder is entitled to be issued the auctioned item after payment of the
total amount due to the Auction House in connection with the auction and in connection
with these Auction Rules. The total amount due for the purposes of these Auction Rules
means the sum of the price of the auctioned item, the auction commission raised by the
appropriate VAT, payments for storage and further payments implemented in accordance with
these Rules.
5. The Auction House is entitled to withdraw from the agreement in the case that the
successful bidder is in arrears by more than 7 calendar days with the payment of the total
amount due. In the case that the Auction House withdraws from the agreement the item is
considered not to have been auctioned.
Manner of Payment
6. The auction takes place with intermissions; the items which have not been knocked
down may be included by the Agent in the auction again at any point, at latest, however,
thirty minutes after the auctioning of the last item (i. e. the last item announced in the
catalogue).
A successful bidder bidding on his own account must pay the purchase price in the next
intermission in cash, by credit card or by some other means of payment after reaching
an agreement with the Auction House. If payment is by credit card the amount is raised by
a further 4%. If the auction has ended, the successful bidder, if he was bidding in
person, must pay the purchase price immediately after the last item has been knocked down,
unless he has reached an agreement with the Auction House before the auction on the
extension of credit. Items which have not been paid for in this way are auctioned again
(the rights of owners are not affected by this). The bids made by bidding paddle when the
item was auctioned and not paid for are not taken into consideration. The unpaid item is
considered not to have been auctioned.
Auction Price
7. The auction price achieved (by knocking down the last bid) is the purchase price for
the payment of which the Agent issues the successful bidder with written confirmation
(accounts document). On payment of the purchase price the Agent charges the successful
bidder
a further 10% of this price as special auction commission raised by the appropriate VAT.
This additional charge is final. The auction commission is rounded to the nearest 50 CZK.
The receipt for the payment of this commission is part of the accounts document on payment
of the purchase price. Against payment of the purchase price and the auction commission
the auctioned item will be issued to the successful bidder as long as it was displayed
according to Article III.2; otherwise on the next following working day in the places
stated by the auction announcement on submission of the proof of payment. At the request
of the bidder an item auctioned and paid for may be left for a period of 15 days from
payment of the purchase price, free of charge, in the premises designated by the auction
announcement.
8. At the request of the successful bidder the Agent will make out special written
confirmation that the item was acquired by auction. This certificate must include the
number of the item under which it was auctioned, the number of the successful bidding
paddle, a brief description of the item including any faults, the number of pieces (in the
case of a set), in items made of precious metals the purity of the metal and weight in
grams (for diamonds in carats), the purchase price, the date when the auction took place,
stamp and signature of competent employee. In the case of an item of cultural value the
Agent will also issue a certificate in the sense of Law No. 71/1994 Sb.
9. Objections to an item being knocked down must be made by a bidder immediately in the
room in a visible or audible manner. Objections made on payment cannot be taken into
consideration. Claims on goods auctioned in the auction room are not accepted, the
description of exhibits declares only their external properties (discernible by the
senses), not their origin. Goods auctioned on the basis of Power of Attorney awarded to
the company can be complained of at latest on receipt.
Participation in Auction on basis of Power of Attorney
10. A bidder may bid for any item included in the auction even without his presence in
person at the auction, if he meets the following conditions:
a) he makes out a written Power of Attorney to the Agent to represent him at the auction
which he provides with the date, signature and place of residence
b) he determines the items for which the Agent is to bid on his behalf
c) he determines the limit up to which the Agent can increase bids on his behalf, doing so
for each item separately.
There is a form for Power of Attorney enclosed with the auction catalogue. It is not
permissible, however, to make representation in the auctioning of one item dependent on
success or lack of it in the auctioning of another item, nor may items be determined as
alternatives. The Agent will keep the Power of Attorney confidential even after the
auction and may make acceptance conditional on payment of a deposit.
11. In execution of the Power of Attorney according to Article IV.7. the Agent will
proceed in the manner most advantageous for the person represented; he will therefore make
at most one bid over the highest bid of the bidders present at the auction in person,
eventually one bid over another represented person. If the highest bid of the bidders
present at the auction in person equals the limit set in the Power of Attorney, then the
bidder present in person has priority; in the opposite case the item will be knocked down
to the person represented who determined the higher limit, for a price one increment
higher than the lower limit. If persons represented in this way have the same limit, then
the item will be knocked down at a price one increment higher than the highest bid made at
the auction (eventually than the clos-est lower limit) to the person whose Power of
Attorney was received earliest by the Agent. If both Powers of Attorney were received on
the same day, then alphabetical order will be applied.
Auction Protocol
12. The course of the auction is recorded by the company in a special auction protocol
and an impartial witness is invited to make the records. In this protocol all the items
auctioned are entered according to the numbers they had in the catalogue, with data on the
estimated (official) price, the reserve price (lowest bid) and in the case of auctioned
items also data on the price for which it was sold and to which bidding paddle number it
was knocked down.
V.
Optional Services
1. Transport of the items bought at the auction is not ensured. If they are not
collected within the deadline given in Article IV.6. the Agent is entitled to charge the
sum of 100 CZK for every calendar day of storage. If the right to charge storage continues
for 6 months the Agent may sell the item.
2. The packaging of auctioned items and manipulation with them is carried out by the
Auction House exclusively as a service and in the case of fragile items the staff of the
Auction House proceeds ex-clusively according to their own consideration. In no way does
the Auction House bear responsibility for damage to glass and frames, whatever the reason
for it.
3. The successful bidder is responsible for the loss or damage of auctioned items from the
time of re-ceipt or from the end of the 15 working days following the auction, according
to which period ends first, and from this moment on the Auction House, its employees or
agents cease to be responsible for any losses or damage suffered by the auctioned items,
whether through neglect or for any other reason, during the period in which they are in
the keeping or storage of the Auction House.
VI.
Final Provisions
1. The auctioned items are mostly old. All items are auctioned regardless of faults and
shortcomings or faulty description. Depiction in the catalogue serves only for the
identification of the item. Before the auction the bidder should acquaint himself
personally with the state of each item and it is entirely his business whether he
considers the item corresponds to the given description; with the exception of liabilities
undertaken according to these conditions neither the seller nor the Auction House and its
employees and agents bear responsibility for a faulty
description or the authenticity of any of the auctioned items and they do not give any
guarantee to any of the bidders on any auctioned item and all express or implicitly
expected guarantees are hereby excluded.
2. If, within 30 days of the holding of the auction, the successful bidder submits to the
Auction House a written declaration accompanied by the auction number of the item and the
date of the auction to the effect that the item is a forgery or points out faults in the
text or the illustration and simultaneously returns the item in the state in which it was
at the time of the auction, and it is confirmed that the item truly is faulty or a
forgery, the Auction House will withdraw from the auction sale of this item and return all
sums paid out for this item, but only in the case that this is not an item the sale of
which cannot be cancelled and can no longer be returned or the return of money demanded,
i. e. in cases where:
a) the item is listed in the catalogue as an item that cannot be returned
b) the item is part of a set
c) a manuscript is listed in the catalogue as incomplete
d) the fault in question is stated in the catalogue
e) the fault complained of does not concern text or illustration
f) it is an atlas, a book with illustrations taken from another publication, a periodical,
print, drawing or volume with illustrations on the page margin.
At random it may be stated that it is not possible to return an item and withdraw from its
auction sale because of damaged binding, marks, mould, marginal woodwom, missing empty
pages or other reasons with no influence on the completeness of the text or illustration,
a missing list of pictorial supplements, insertions, crossing-out, corrections, index or
pictorial supplements or their faulty numbering.
Only and exclusively the successful bidder is entitled to claim compensation for an item,
doing so at most to the level of the sum paid for this item.
3. All data and all declarations in the auction catalogue concerning the authorship,
properties, authenticity, origin, date, age, provenance, state, reserve price or estimated
auction price express only the opinion of the Auction House. For the formation of this
opinion the Auction House reserves the right to consult any specialists or official
authorities it considers suitable and to be governed by their statements. In such matters
every interested person must be guided by his own opinion and neither the Auction House
nor its employees or agents can bear the responsibility for the correctness of such an
opinion.
4. All correspondence on the part of the Auction House to a future bidder, successful
bidder, deponent or seller is considered to have been delivered 3 days after having been
sent in the form of a normal postal consignment.
5. These Auction Rules have been elaborated in accordance with Czech Law and is also
governed by the appropriate legislation of the Czech Legal Code. All transactions governed
by or arising from these Auction Rules, as well as all further connected facts, are
governed by Czech Law.
6. The headings and titles of chapters used in these Auction Rules are not a part of them
and serve only for the orientation and ease of bidders and customers.
Prague, 30. 7. 1998 Ing. Jan Neumann and Petr Meissner
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