All potential bidders ensure that they agree to these Terms & Conditions by placing bids in our auctions, regardless of how the bids have been made.
In this document the following words shall have the following meanings:
“Highest Bidder” means the organization or person who placed the highest bid on an auction lot at the moment of knock-down and is therefore the Buyer of the auction lot.
“Goods” means the auction lot(s) to be supplied to the Highest Bidder by the Auctioneer;
“Auctioneer” means Schulman B.V., Herengracht 500, 1017 CB, Amsterdam, The Netherlands.
“Bidder” means the organization or person who placed a bid on an auction lot.
“Knockdown” means allocation by the ‘hammer’ and approval of the notary present.
“Internet live auction system” means, amongst others, but not solely, the software, the app etc… offered by the Auctioneer as a service to the Bidders to make bids and/or buy before or during the auction.
These Terms and Conditions shall apply to sales of Goods by the Auctioneer to the Highest Bidder to the exclusion of all other terms and conditions referred to, offered or relied on by the Highest Bidder whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Highest Bidder, unless the Highest Bidder specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged before the auction by the Auctioneer in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Auctioneer.
The Auctioneer acts as a mediator between the consignor of the Goods and the Bidders.
The Auctioneer shall be entitled to exclude potential Bidders to the auction.
Bids made by the Bidder will only be valid after a confirmation in writing of acceptation send by the Auctioneer.
The Auctioneer reserves the right to change or cancel the auction, or parts of the auction without prior publication.
The Auctioneer is at liberty to divert from the bid steps.
If a bid is made in the hall during the auction which is equal to the highest written bid then the bid in the hall takes precedence over the written bid.
Written bids will be dealt with in the order that they are received.
Highest Bidder, Price, Commission and Payment
The auction sale is by upward bidding to the Highest Bidder against cash payment in EURO with a premium of 20 % of the hammer price. Goods bought through the Internet live auction system will be charged with an extra 3% commission.
The cost of postage, insurance and bank charges will be charged to the buyer.
Credit terms may be offered subject to satisfactory credit vetting of the Highest Bidder by the Auctioneer. The offer of credit will be at the sole discretion of the Auctioneer.
Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 15 days of the date of the invoice supplied by the Auctioneer, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Auctioneer.
The Auctioneer shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate as defined in the Dutch law or 1% of the overdue amount per month.
If payment of the price or any part thereof is not made by the due date, the Auctioneer shall be entitled to:
require payment in advance of delivery in relation to any Goods not previously delivered;
refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Highest Bidder for non-delivery or any delay in delivery.
Descriptions and grading are made to the best of knowledge by the Auctioneer and is based on the long experience of the Auctioneer, but is to be considered as the personal opinion of the Auctioneer only. All Goods will be sold ‘as is’. Difference of grading by third party grading institutions does not give grounds for the returning of Goods. Typing- and translation errors are possible and do not give ground for the returning of Goods.
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Highest Bidder.
If the Auctioneer is unable to deliver the Goods because of actions or circumstances under the control of the Highest Bidder, then the Auctioneer shall be entitled to place the Goods in storage until such times as delivery may be effected and the Highest Bidder shall be liable for any expense associated with such storage.
Any damages or complaints should be reported to the Auctioneer within 8 days to enable possible replacement or refund.
Compliance with foreign customs and exchange regulations is the responsibility of the buyer. The Auctioneer disclaims responsibility for any consequences, including taxes, import- and export fees, that may arise from delivery to a foreign address. Refusal to pay these costs can under no circumstance be used as a reason to return the Goods.
The Auctioneer will not be responsible in all cases of delay in delivery due to force majeure. Force majeur includes every extraordinary event or circumstance beyond the control of the Auctioneer, such as: extreme weather conditions with all its consequences, war, fire, flood, explosion, accidents, strikes and other labor disputes, delays in delivery by suppliers, and delayed transport.
Risk and Title.
Title remains with the Auctioneer until goods have been paid for in full by the Highest Bidder. The risk is for the Highest Bidder from the moment of knock-down.
RETURN OF GOODS
Any returns must be authorised by a representative of the Auctioneer before any credit will be given.
The Auctioneer will not be obliged to accept any goods that are damaged or cleaned in any way.
Auctioneer guarantees all Goods to be genuine, unless otherwise stated. Returns will only be accepted if well-known experts judge the Goods to be forgeries or if the description of the Goods is utterly wrong. In case of a dispute between Highest Bidder and Auctioneer, Auctioneer is allowed to appoint a third-party expert, the Highest Bidder will accept the decision of this expert.
Difference of grading by third party grading institutions does not give grounds for the returning of Goods.
The 3% extra auction fee on Goods bought through the Internet live auction system is non-refundable.
LIMITATION OF LIABILITY
The Auctioneer shall not be liable for any all loss or damage suffered by the Highest Bidder due to the purchase of Goods.
The Auctioneer shall not be liable for any all loss or damage suffered by the Bidders regarding the use of the Internet live auction system, nor for its non-functioning.
Shipping of Goods is done at the risk of the Highest Bidder and limited by the insurance of the Auctioneer.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of The Netherlands and the parties hereby submit to the exclusive jurisdiction of the Court in Amsterdam. Only the Dutch text of the conditions of sale has legal force.
Schulman B.V., Herengracht 500, 1017 CB, Amsterdam, The Netherlands.