Public auction terms and conditions of sale

This public auction, held by TRADART MMB SA (hereinafter “TRADART”), is a voluntary sale carried out under the supervision of Maître Quentin Debray, (hereinafter “the bailiff”).

Participation in the auction implies unconditional acceptance of these terms and conditions of sale. They will be posted in the rooms in which the items are displayed and the sale held. The bailiff will read a summary in public at the beginning of the sale.

The internet site and the online catalogue are available for information. The printed version of the catalogue will take precedence in the event of a difference.

Article 1:

The sale is open to all. However, persons who are unknown to the organisers must identify themselves prior to the start of the sale. TRADART reserves the right to refuse access to the sale to anyone who is obviously of doubtful solvency or who could potentially disrupt the sale.

People wishing to enter the saleroom, whether or not they intend to purchase, are requested to identify themselves prior to the start of the sale. They must give their name and address and fill in the registration form. They will be given a buyer’s number with which they can bid during the sale.

Buyers can make higher bids in the auction room or submit purchase orders in writing (in execution of a proxy entrusted to TRADART). If there are two orders in the same amount for the same lot, preference will be given to the first one submitted.

Buyers who wish to take part in the auction live via Coretech over the Internet (www.coretech.cc), benefiting from our facilities, will be required to pay an additional fee of 2.5%. In this case, the buyer must confirm their participation in the sale at least 24 hours in advance, by letter, fax or email. They must provide their full identity and all information requested by TRADART. The latter reserves the right to request bank references and a guarantee. It also reserves the right to refuse bids when it has legitimate reasons to believe that the higher bidder will not meet their purchase commitment.

TRADART cannot be held liable for any errors made by clients when providing the number of a lot they wish to acquire or the telephone number to be called, or for any problems with telephone lines or the internet (busy lines, interrupted calls, mobile telephones, etc.). Bidders bidding by telephone accept the fact that their calls may be recorded.

Article 2:

The catalogue has been carefully created to ensure that all information included is correct and reliable. Entries reflect only the opinion of TRADART, which it provides as part of its proxy with full knowledge and confidence. TRADART cannot, therefore, be held liable in this respect, with the exception of authenticity, which it guarantees.

Article 3:

All of the lots are sold as is with their defects, imperfections and any errors in description. TRADART cannot be held liable for any differences that may exist between the actual item and its description in the catalogue, or for any defects the item may have. Buyers must check the state of each item before the sale, notably with respect to potential defects or repairs.
No claims will be accepted after the sale is complete.


Article 4:

The sale will be called under the bailiff’s supervision. The sale will be carried out in catalogue order number. However, TRADART reserves the right to assemble, separate or withdraw lots without giving a reason. The sale of a lot will be complete after three consecutive calls to the highest bidder, whose offer was accepted by the bailiff, therefore confirming the obligation to purchase.

In the event of a challenge or error during the sale, the lot will be called again. The bailiff will decide alone any disputes occurring during the sale.


Article 5:

Higher bids must be made using the buyer number, out loud or with a sign clearly indicating the desire to make a higher bid. The bailiff reserves the right to refuse bids from unknown buyers or made in bad faith. Higher bids are normally set 5% to 10% above the previous bid. The bailiff can set or change the rate by prior announcement.

Direct bids by telephone (during the sale) will be accepted from buyers who register in writing before the sale.

Article 6:

Purchase orders given at the auction or by telephone must be confirmed in writing (signed order, letter or email) to be represented by TRADART. No unlimited purchase orders will be accepted. TRADART reserves the right to reject any purchases it believes to be made in bad faith. Purchase orders will be executed by TRADART at no extra cost. If two purchase orders are identical, preference will be given to the one sent first as indicated by the postmark or email information. In the event that two identical orders are given at the same time by a bidder in the saleroom and by a proxy, the bidder present in the saleroom will win the bid.

Article 7:

Proxies unknown to TRADART before the sale must guarantee their orders with valid banking information or with a deposit made to TRADART for 25% of the amount of the orders given before they will be accepted. The deposits will be used for orders executed and any unused amounts will be refunded as quickly as possible.

Article 8:

Lots will be sold to the person making the highest bid. Any disputes about who the buyer of a lot is will be settled at the sole discretion of the bailiff who can cancel the allocation of a lot and put it back up for sale immediately. Buyers are responsible for any purchases made in their name. They cannot claim to have acted on behalf of a third party.

Article 9:

All sales will be payable in cash in euros. However, to ensure that the sale moves quickly, a sales slip will be created for each buyer. The sales slips will be payable at the conclusion of each session. Buyers must pay acquisition fees of 23% of the sales price of each lot. The fees will be reduced to 19% for buyers who provide proof that the items will be exported outside of the European Union. The difference will be reimbursed to the buyer on presentation of the export customs entry.

All sales to a national of the European Union are subject to the margin scheme with non-deductible VAT. All requests for invoicing must be made before payment.

Taxes payable in other countries are the responsibility of the buyer (bidder). They must obtain information about foreign customs and currency legislation. TRADART declines any responsibility for any potential breaches of this legislation.

Buyers are responsible for all shipping and insurance costs.

Article 10:

The full purchase price, including acquisition fees, must be paid in cash after the sale on request or, with the prior express approval of TRADART, within 30 days. Late payment will result in interest of 1% per month. Ownership of the items purchased will be transferred to the buyer on completion of the sale. In the event of payment by non-certified cheque, delivery of the items may be delayed until the cheque has cleared.

All fees for wire transfers, credit cards and cheques will be payable by the buyer. Payments in cash are limited to €2,999.00 per purchase contract, regardless of the number of lots included on the contract.

Article 11:

All benefits and risks are transferred to the buyer as soon as the sale is complete. Physical transfer of the items to the buyer will, however, only be done when the purchase amount is paid in full, unless there is an express agreement otherwise.

Buyers must take delivery of their purchases within three days of the sale at the TRADART head office located at Avenue Molière 294, 1180 Uccle, between 2:00 pm and 5:30 pm or by appointment. Once the three-day period has passed, TRADART can no longer be held liable for any claims whatsoever. TRADART reserves the right to sell at a later session any items that have not been picked up, at the risks and perils of the defaulting buyer, without providing prior notice.

In any event, the lots must be picked up at the buyer’s expense and risks 10 days, at the latest, following full payment. Beyond that time period, storage costs will be charged to the buyer.

Article 12:

In the event of late payment, the buyer will be notified and TRADART will be entitled to take action and claim damages and interest. In this case, or if the buyer does not pick up a lot in accordance with the conditions of sale, TRADART can decide not to execute the sale and demand damages and interest or cancel the contract. The buyer accepts that, in the event of notice, their lot will put up for sale at public or private auction at the discretion of TRADART, without prejudice to any other of its rights. Any difference in price will be recovered against the defaulting buyer. In any event, all deposits will be automatically acquired as a result of the default.

Article 13:

Until full payment of the sales price and acquisition costs, buyers grant TRADART a lien on all of the lots in the latter’s possession, guaranteeing the payment of all sums due in capital, interest, commissions and fees.
TRADART is authorised, but not compelled, to execute the liens without further formalities and without providing further notice if the buyer has been formally notified. TRADART is also free to initiate or continue ordinary legal proceedings without, however, waiving its right of lien.

Article 14:

TRADART assumes no liability in the event of breaches by buyers or sellers. TRADART reserves the right to demand compensation for any damages it may suffer due to a breach by either the buyer or the seller. Buyers and sellers agree not to pursue TRADART for any grievances related to the sale and to mutually acknowledge each other as the only parties in any litigation related to the grievance, to the exclusion of TRADART.

Article 15:

In the event of a discrepancy between the translations of the terms and conditions of sale, the French version will prevail. These terms and conditions of sale are governed by Belgian law. The Courts of Brussels will have sole jurisdiction in the event of a dispute.