AUCTION CONDITIONS

• Organisation and management of the auction

  The public auction for the benefit of the Opera Village of Africa is prepared and managed by Festspielhaus Afrika gGmbH. The auction held on 8 March 2012 will be executed by Peter Raue, who will auction the works of art in the name of the artists at Hamburger Bahnhof – Museum for Contemporary Art – Berlin. The works of art will remain the property of the consignor until payment. The sales contract will be made between consignor and buyer upon acceptance of the bid.
  
  

  REGISTRATION / BIDDER NUMBERS

  Please register before the beginning of the auction in order to receive your personal bidder number, which you will need in order to make a bid.
  Please download the registration form at www.auktion3000.com or use the forms available in the auction catalogue or at the exhibition at Hamburger Bahnhof in Berlin during the preview period from 24 February to 4 March 2012.
  Please send your registration order by e-mail to fischer@schlingensief.com or by fax to +49 (0)30 44 04 14 25 by 7 March 2012 12.00 o’clock p.m.
  You can also register for the auction at the venue of the auction at the evening of the auction. In order to facilitate the organization we would, however, like to ask you to register as early as possible.
  
  

  BIDS

  You may make a bid in person, by phone, or in writing.
  Bids made are deemed binding. All bids are exclusive of vat. applicable vat and duties on the net sale have to be paid by the buyer.
  
  Written bid
  If you cannot participate in the auction in person, you may submit your bid in writing until 7 March 2012, 12.00 o’clock p.m. The written bid must be signed by the bidder and give the hammer price offered for the work of art (award price before VAT). If several bids are made with the same sum for the same work of art, the first bid will win, unless another bid is higher.
  Please download the form for written bids at www.auktion3000.com or use the forms available in the auction catalogue or at the premises of Hamburger Bahnhof in Berlin during the preview period from 24 February to 4 March 2012.
  Please send your form for written bids by e-mail to fischer@schlingensief.com or by fax to +49 (0)30 44 04 14 25.
  
  Online bidding
  Bids can be made online from 23 February through 7 March 2012, 12.00 o’clock p.m. at Paddle8.
  Please check the (special) auction conditions mentioned there.
  
  
• Telephone bidding
  Please let us know by 7 March 2012, 12.00 o’clock p.m., in writing, which work of art you are interested in. Please clearly mark in the order form, if you want to bid by phone during the auction, and leave a phone number where we can reach you on the evening of the auction.
  Please send your telephone order by e-mail to fischer@schlingensief.com or by fax to +49 (0)30 44 04 14 25.
  We do neither assume any liability for the telephone, fax or data lines and connections used, nor for transmission or translation errors in the context of the remote communication tool used, nor for its misuse by an unauthorized third party.
  
  

  BIDDING ON BEHALF OF A THIRD PARTY

  If a bidder wants to make a bid on behalf of a third party, he/she must inform the organizers of the auction until 7 March 2012, 12.00 o’clock p.m at latest that he/she wishes to do so. In this case, he/she must give the name and address of the person he/she represents, and must submit a proxy written by the latter. Otherwise, upon acceptance of the bid, the sales contract will be made with the bidder.
  
  

  ACCEPTANCE OF THE BID

  The bid is accepted by the auctioneer, if no other bid exceeds the initial bid after three calls. The highest bid wins. If the bids remain below the price indicated in the catalogue, the auctioneer can accept the bid subject to supplement, of which he reminds in this case.
  The auctioneer may refuse to accept the bid or reject a bid, if the bidder has not registered prior to the auction, and does not have a bidder number. If a bid is rejected, the previous bid remains valid.
  The acceptance of the bid is binding for the bidder.
  
  

  PURCHASE PRICE AND PAYMENT

  The purchase price is to be paid in cash or by giro.
  The purchase price includes the hammer price, statutory value added tax, costs for the customs proceedings, import or export duties that might fall due will have to be borne by the buyer.
  Upon the request by the seller (consignor) the buyer agrees to allocate the sales price plus VAT directly as a goodwill to Festspielhaus Afrika gGmbH. In this case, the buyer agrees to wire the amount due to the following donations account:
  
  

  Account Holder:	Festspielhaus Afrika gGmbH
  Account-No.:	11 28 578
  Bank Code:	100 701 24
  Bank:	Deutsche Bank Privat und Geschäftskunden Berlin
  IBAN:	DE45 1007 0124 0112 8578 00
  BIC (SWIFT-CODE):	DEUTDEDB101

  
  
  The payment is to be effected in Euro. All taxes, costs, and levies due for the payment will be borne by the buyer.
  The buyer agrees to pay within 10 days after her/his bid has been accepted.
  
  

  PICK-UP

  We ask buyers to have their purchases picked up soon, since the organizer of the auction has to pay for the storage of the works of art that are kept in storage for more than two weeks.
  Works bought in the auction which are not picked up within two weeks after acceptance of the bid, will cause storage costs. For these, the commissioned forwarding agent will invoice the buyer directly.
  
  The packing and delivery risks and costs will solely be borne by the buyer. After reception of the payment, the organizer of the auction will provide the buyer with the necessary information concerning the pick-up address and contact persons.
  
  

• RESCISSION

  If the buyer is in default, the consignor, after having offered a grace period of two weeks, may partially or wholly withdraw from the contract. In case of such rescission all rights of the buyer to the work of art he/she bought will expire.
  In case of a rescission the buyer will be held liable for any transportation, storage and insurance costs incurred until the work of art has been returned.
  
  

  LIABILITY

  The descriptions of the objects of the auction are based on the information of the consignors. The organizer of the auction does neither accept liability for the accuracy of the information nor for the condition of the works. The organizers of the event agree to check the information with due diligence and to take care of an adequate transportation and handling of the works consigned.
  
  Complaints and claims concerning the price, the state and condition of the works bought at the auction or damage claims against the organizer of the auction are not permitted, unless they are based on gross negligence or intentional action of his staff.
  
  

  AFTER SALES

  Works of art not sold at the auction can be bought in the after sales from 9 March through 5 April 2012.
  The after sales are part of the auction. Interested parties may bid at a certain amount either in person, or by phone, or in writing.
  If you want to bid in the after sales please contact fischer@schlingensief.com.
  
  

  OTHER TERMS

  Multilingual auction conditions
  If the auction conditions are available in several languages, the German version shall be legally binding.
  
  Applicable law
  Only the law of the Federal Republic of Germany shall apply.
  
  Place of performance and competent court
  The place of performance and competent court shall be Berlin.