Terms & Conditions
In these terms:
a. Auction: means a public auction sale of items of movable property;
b. Lot: means the item or set of items of movable property to be sold by auction;
c. Consignor: means the person who consigns the lot to HHA for auction;
d. Reserve: means the minimum price agreed between HHA and the consignor at which the auctioneer may sell a lot;
e. Receipt: means the form acknowledging receipt of one or more lots.
ARTICLE 1
The consignor authorizes HHA to sell the lot by auction subject to these terms. HHA shall use its best endeavors to offer the lot for sale at a suitable auction and to sell the lot on behalf of the consignor to the party making the highest bid at the auction unless such bid is lower than the reserve agreed between HHA and the consignor.
ARTICLE 2
The consignor declares that he is fully entitled to dispose of the lot and that he will compensate HHA in full should HHA be required to surrender the lot to a third party having superior rights. The consignor shall be fully liable to HHA for any loss or damage sustained and any costs incurred on account of any inconsistency, inaccuracy, incompleteness, or defect in the information provided to HHA by the consignor about the origin, condition, and quality of the lot consigned for auction.
ARTICLE 3
HHA shall be free to determine if, when, and at which auction the lot will be offered for sale. HHA shall have the right to provide such information on the lot to be auctioned as it sees fit and to distribute images thereof in the public domain.
ARTICLE 4
HHA shall have the right to decide not to sell a lot at an auction if the highest bid is too low in the considered opinion of the auctioneer. HHA shall have the right to sell the lot at an auction at a price lower than the reserve, on condition that HHA pays the difference between the hammer price and the reserve. If a lot is left unsold at an auction, HHA shall be entitled, subject to the conditions agreed between HHA and the consignor, to sell such lot by private treaty after the auction or to sell it at a subsequent auction.
ARTICLE 5
Notwithstanding the provisions of Article 4, the consignor shall have the right to withdraw a lot that has been left unsold at an auction, upon reimbursement of the costs incurred by HHA and agreed between the parties. If the consignor withdraws a lot after the final consignment date for a scheduled auction, the consignor shall be required to compensate HHA for the commission and premium lost and to reimburse HHA for the costs incurred and agreed between the parties.
ARTICLE 6
The consignor irrevocably authorizes HHA to allow the buyer of a lot sold to demand that the sale be canceled and that the purchase price be refunded if the buyer demonstrates to the satisfaction of HHA within seven (7) days of the date of the auction that the lot in question is defective or that its description is incorrect to such an extent that if the buyer had been aware thereof at the time of the auction, he would not have purchased the lot or would have purchased it only at a substantially lower price. The consignor irrevocably authorizes HHA to demand cancellation of a sale and to withdraw the lot if the buyer of the lot fails to meet his payment obligations arising from the sale. If a sale is canceled according to this article, the lot shall be deemed not to have been sold and the consignor shall be required to repay to HHA, without delay, any amount already paid to the consignor in this respect.
ARTICLE 7
The consignor shall be entitled to the proceeds of the sale of the lot, less the following:
Commission: a 10% commission shall be payable to HHA for paintings, drawings, watercolors, prints, and sculptures. The commission payable to HHA for all other items shall be 15%. The minimum commission for each lot shall be 100 euros.
Illustration costs: the following rates shall be charged for the insertion of photos of the lot in the auction catalog: 50 euros for a quarter-page photo, 150 euros for a half-page photo, and 250 euros for a full-page photo.
Transport costs: HHA shall charge the consignor for the transport costs charged by the carrier.
Insurance costs: to cover the cost of insurance against loss of or damage to a lot, HHA shall charge a standard markup of 1% on the higher hammer price or the low estimate of the lot. The insurance policy shall only cover the items located in the auction house or HHA storage rooms, and the maximum cover shall be the amount based on which the markup is calculated. HHA shall not be liable for any loss of or damage to picture frames.
Handling fee: HHA shall charge a handling fee for each invoice issued.
Other expenses: other expenses shall be charged only if this has been expressly agreed between HHA and the consignor.
Taxes: HHA is required to charge VAT on the commission and on the costs and expenses to be charged to the consignor, except the insurance costs.
Resale royalty: any resale royalty payable in respect of the lot sold shall be determined by HHA to the best of its knowledge and ability, and be charged to the buyer as part of the purchase price. The risk of any additional resale royalty charge shall rest with the consignor.
ARTICLE 8
All payment transactions relating to the auctions conducted by HHA are handled by the foundation Stichting Derdengelden Registerveilinghouder HHA c.s. The consignor shall be entitled to payment of the proceeds of the sale of a lot only if and when the buyer has met his payment obligations.
ARTICLE 9
The legal relationship between the consignor and HHA shall be governed by the laws of the Netherlands. In the event of a conflict or inconsistency between the Dutch text and any translation of these terms, the Dutch text shall prevail.
Charge & Taxes
The seller ('consignor') will be charged a commission, calculated as follows: Paintings, drawings, watercolors, graphic art, and sculptures: 10% of the hammer price. All other items: 15% of the hammer price. The minimum commission on each lot is € 100. Other charges and taxes may apply: please refer to our Seller's Terms & Conditions.
