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the Bidders, the latter shall exempt the Auction House from any
responsibility in case of any technical or other problems that may
not allow their full participation in the auction (for example, in the
event of communication interruptions, line problems, unavailability
– for any reason – of the Bidders) and assume any risk regarding the
possible failure to award one or more Lots.
10.
ESTIMATES
– The estimates relating to the base price of each
Lotto, expressed in Euro, are indicated under the Lotto description
in the auction catalogue and do not include the commissions and
other charges owed by the Purchaser under these terms of sale.
These estimates may be subject to revision at any time, therefore
the Lots may be offered at a starting price different from the one
indicated in the catalogue. Also the descriptions of the Lots in
the catalogue may be subject to revisions, which will eventually
be communicated during the auction. In any case, estimates and
descriptions cannot generate any kind of credit in the Bidders and
in the Purchaser.
11.
RITARDI
– In the event that the Purchaser fails to pay the
Total Price within the essential deadline of n. 7 (seven) days from
the award, the Auction House will be able to resolve the awarding
and / or sale of the corresponding Lots, pursuant to and for the
purposes of the art. 1456 of the Italian Civil Code. In this case, the
Auction House will still be entitled to payment by the Purchaser, as a
penalty, amounting to 25% of the Total Price, except for any greater
damage, and may, in any case, retain any advance payments made by
the Buyer. Notwithstanding the foregoing, the Lots awarded by the
Purchaser and not yet withdrawn, up to and including termination,
over the aforementioned term, will be kept by the Auction House
(in its warehouses or third parties: see § 12), at the Purchaser’s risk
and expense, until the latter provides full payment of the amount
due to the Auction House and the withdrawal of the Lots .
12.
WITHDRAWAL
– Unless otherwise agreed upon between
the parties, the Purchaser, after having paid the Total Price,
will have to withdraw the Lots awarded at his own expense, risk
and expense, starting from the day following the last day of the
scheduled auction and within the n. 7 (seven) days thereafter (a
term that will remain suspended, in cases under the auspices of
the Legislative Decree No. 42/2004, Code of Cultural Heritage,
for the duration of the law regarding pre-emption) as would apply.
Once the term has expired without notice, the Auction House
will be exonerated from any responsibility in case of damages
or thefts (total or partial) of the Lots, which occurred after the
aforementioned term, renouncing the Buyer from now to any
right or action towards the Auction House; furthermore, the
Auction House will be able to provide, at its own unquestionable
choice and at the Buyer’s expense, the deposit of the lots awarded
at its own stores (in this case the additional amount of Euro 10
per day, per lot will be due from the Buyer to the Auction House)
or third parties, or the shipment to the Purchaser of the Lots not
withdrawn, in any case with direct charge to the Purchaser of
any cost and expense, and except for any compensation for the
greater damage. In case of shipment to the Purchaser, the parties
will agree on the modalities of the shipment, it being understood
that all charges, risks and costs will be borne by the Purchaser,
with explicit exclusion of responsibility for the Auction House. It
is understood that for Lotto shipments whose total price is up to €
10,000.00, the Auction House, upon request of the Purchaser, will
be available to make the shipment in the interest of the Purchaser
and by insured courier.
1
3.
DECLARATION OF CULTURAL INTEREST, PRELATION
AND EXPORT
– The Buyers will be held, among other things, for
the objects of the Lots submitted for the process of declaration of
cultural interest (c.d. notification) ex art. 13 and ss. of the Italian
D.Lgs. n. 42/2004 to comply with all the provisions of the Italian
Code of Cultural Heritage and any other applicable law, customs,
currency and tax matters. It is the Buyer’s sole responsibility to
verify any restrictions on the export of the Batches awarded or any
licenses or certificates required by law (issued or to be issued), with
express exemption from any obligation and / or liability of the
Auction House.
In the event of exercising the right of pre-emption pursuant to
arts. 60 and following, Italian D.Lgs. n. 42/2004, or of compulsory
purchase pursuant to art. 70 of the same Law, the Purchaser cannot
claim anything, for any reason, from the Auction House and / or
the Seller, if not the only restitution of any amounts already paid as
a result of the adjudication of the Lots.
Lots possibly marked with the symbol (TI) are under temporary
importation on Italian territory by a foreign Seller.
14.
DISPUTES
– Possible objections by the Purchaser
regarding the counterfeiting or falsification or attribution or
other substantial non-manifest defects of the Lots awarded
(or parts of them), received by the Auction House within the
essential deadline of n. 10 (ten) days from the award date and
withholdings founded by the Auction House, the latter may, at its
sole discretion and without prejudice to the following provisions,
cancel the sale of the Lots in question and return the sums from
this to the Purchaser paid for the restitution of the Lots in the
same status as the award date; in any case, in the presence of
objections by the Purchaser, the Auction House will inform the
Seller. The Purchaser expressly exonerates the Auction House
from any responsibility for the authenticity, the defects and the
characteristics of the Lots and waives any form of claim, for any
reason, towards the Auction House, and will direct any request
(even compensation) directly and exclusively against the Seller.
The right of the Auction House to withhold any amounts paid in
average by the Buyer for any reason before the dispute remains
unaffected and not prejudiced by the right of the Auction House;
these amounts may eventually be the subject of the Buyer’s claim
for compensation against the Seller.
15.
AUCTIONS OF BOOKS AND / OR GRAPHICS
– Regarding
the lots containing books and / or manuscripts and / or prints
or other paper goods, any objection relating to: damage to the
binding, and / or stains, and / or worm holes, and / or papers
or boards are excluded trimmed and / or any other defect that
does not damage the completeness of the text and / or of the
illustrative apparatus; as well as the lack of table indexes, and /
or blank sheets, and / or insertions, and / or supplements and
appendices subsequent to the publication of the work; are also
excluded from any disputes relating to Lots containing books not
described in the catalogue. As for the Lots sold in the auctions of
paintings, paintings, prints and the like, any objection relating to
the frames is excluded, where the same are presented as merely
being part of a painting and therefore have no independent value.
In these cases, every risk and danger in this regard is exclusively
borne by the Purchaser.
16.
THIRD
PARTIES
– In the event that the Auction House
becomes aware of any claim or right of third parties concerning the
ownership, possession or possession of one or more Lots, the latter
may, at its sole discretion, withdraw such Lots from sale and / or
retaining these Lots in custody, pending the necessary checks and /
or the composition of any potential litigation.
17.
ACCEPTANCE AND FORUM
– These terms and conditions
are fully accepted, without any reservation, by the Bidders, by
the Buyer and by all those who compete in the auction (also by
telephone or internet). In case of translation of the conditions of
sale in another language, the terms and conditions in the Italian
text will prevail and remain valid and binding.
The present conditions are governed by Italian law; all disputes in
any case deriving from the same will be referred exclusively to the
jurisdiction of the Court of Florence.