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These general conditions of sale
and everything pertaining to them
are governed exclusively by French
law.
Buyers and their representatives
accept that any legal action will
be taken within the jurisdiction of
French courts (Paris).
The various provisions contained
in these general conditions of sale
are independent of each other.
If any one of them is declared
invalid, there is no effect on the
validity of the others.
The act of participating in this
auction implies acceptance of all
the conditions set out below by all
buyers and their representatives.
Payment is due immediately at the
end of the sale, payable in euros.
A currency conversion system
may be provided during the
sale. The corresponding foreign
currency value bids made in the
hall in euros is given for indication
purposes only.
DEFINITIONS AND GUARANTEES
Descriptions appearing in the
catalogue are provided by Millon
& Associés and the Sale Experts
and are subject to corrections,
notifications and declarations
made at the moment the lot is
presented and noted in the record
of the sale.
Dimensions,
colours
in
reproductions and information on
the condition of an object are given
for information purposes only. All
information relating to incidents,
accidents,
restoration
and
conservation measures relating to
a lot is given, to facilitate inspection
by the potential buyer and remains
completely open to interpretation
by the latter.
This means that all lots are sold as
seen at the moment the hammer
falls, with any possible faults and
imperfections.
No claims will be accepted after
the hammer has fallen, a pre - sale
showing having provided potential
buyers with an opportunity to
examine the works presented.
For lots appearing in the sale
catalogue,
whose
estimated
low price is over euros2,000, a
condition report on their state
of preservation will be issued
free of charge upon request. The
information contained therein is
given purely as an indication and
Millon & Associés and the Sale
Experts can in no way be held
liable for it.
In the event of a dispute at
the moment of sale, i.e. it is
established that two or more
buyers have simultaneously made
an identical bid, either aloud or
by signal and both claim the lot at
the same time when the hammer
falls, the lot will be re - submitted
for auction at the price offered by
the bidders and everyone present
will be permitted to bid once again.
TELEPHONE BIDDING
The acceptance of telephone bids
is a free of charge service provided
by Millon & Associés.
In this regard, our company
accepts no liability for a break
in the telephone connection, a
failure to connect or a delayed
connection.
Although
Millon
& Associés is happy to accept
requests for telephone bidding up
until the end of the pre - sale show,
it cannot be held liable for errors
or omissions relating to telephone
bidding orders.
EXPENSES FOR WHICH THE
BUYER IS RESPONSIBLE
The buyer will pay Millon &
Associés in addition to the sale
price or hammer price, a sales
commission of:
20% plus VAT or 23.92%
Current rate of VAT 19.6%.
22.36 % plus VAT or 23.92 %
for books.
Total price =
sale price (hammer price)
+ sales commission.
TEMPORARY IMPORT
Purchasers of lots marked with an
asterisk (*) must pay any duties
and taxes in respect of a temporary
importation in addition to sale
expenses and VAT.
EXPORT FROM FRANCE
The export of a lot from France
may require a licence.
Obtaining the relevant document
is the sole responsibility of the
successful bidder.
A delay or refusal by the authorities
to issue an export licence is not a
justification for cancellation of the
sale, delayed payment or voiding of
the transaction.
If our company is requested by the
buyer or his/her representative to
make arrangements for export,
all costs incurred will be for the
account of the party making such
a request. Such arrangements
should be considered purely as
a service offered by Millon &
Associés.
EXPORT FOLLOWING THE SALE
The VAT paid as part of the sale
expenses or the amount paid in
connection with the temporary
import of the lot, may be
refunded to the buyer within the
legally stipulated period upon
presentation of documents proving
that the lot purchased has been
exported.
PRE - EMPTION BY THE FRENCH
STATE
In certain circumstances defined
in law, the French State has a right
of pre - emption on works sold at
public auction.
In such a case, the French State
substitutes for the highest bidder,
on condition that the pre - emption
order issued by the State’s
representative in the sale room is
confirmed within fifteen days of the
date of the sale.
Millon & Associés cannot be held
responsible for pre - emption
orders issued by the French State.
BIDDERS’ LIABILITY
By making a bid on a lot by any
method of communication offered
by Millon & Associés, bidders
assume personal responsibility for
paying the sale price plus the sales
commission and any duties and
taxes payable. Bidders are deemed
to act in their own name and on
their own behalf, unless otherwise
agreed in writing prior to the sale
with Millon & Associés.
In the event of a dispute involving a
third party, Millon & Associés may
hold the bidder alone responsible
for the bid in question and for
payment.
FAILURE TO MAKE PAYMENT
In accordance with article 14 of
law no. 2000 - 6421 of 10 July
2000, upon failure of the buyer to
make payment and there being
no response to formal notice, the
article is re - submitted for sale
at the request of the seller and
by reason of false bidding by the
defaulting buyer; if the seller does
not make such a request within
one month from the date of the
sale, the sale is automatically void,
without prejudice to any damages
payable by the defaulting buyer.
MILLON & ASSOCIES RESERVES
A RIGHT OF CLAIM AGAINST
DEFAULTING BUYERS:
- for interest at the legal rate
- for the refund of additional costs
arising from the default with a
minimum of euros250.
- for payment of the sale price
or:
- the difference between that price
and the sale price in the event
of a new sale, if the new price is
lower, plus the costs incurred
for the new auction.
- the difference between that price
and the false bid price, if it is
lower, plus the costs incurred
for the new auction.
Millon & Associés also reserves
the right to demand compensation
for all sums due by the defaulting
buyer or to bank security deposit
cheques if, in the two months
following the sale, invoices are still
not settled.
COLLECTION OF PURCHASES,
INSURANCE, WAREHOUSING
AND TRANSPORT
Millon & Associés will only hand
over lots sold to the buyer after
cleared payment of the total price.
It is the buyer’s responsibility
to insure lots immediately upon
purchase, since, from that
moment onwards, he/she alone is
responsible for loss, theft, damage
and other risks. Millon & Associés
declines any liability for damage
themselves or for the failure of the
buyer to cover damage risks.
Buyers are advised to collect their
lots with a minimum of delay.
Starting from the third week,
storage costs and set costs for
transfer from our premises to our
warehouse will be invoiced at the
moment that lots are removed, on
the following conditions:
FROM THE THIRD WEEK
ONWARDS
STORAGE COSTS
PER LOT PER WEEK
Artefacts euros3 plus VAT
Pictures euros5 plus VAT
Furniture euros8 plus VAT
SET TRANSFER COST
PER LOT
Artefacts euros15 plus VAT
Pictures euros15 plus VAT
Furniture euros40 plus VAT
Handling and storage does not
cause Millon & Associés to assume
liability.
Millon & Associés is not
responsible for loading vehicles
after sale. If as an exception, it
agrees to arrange transport, it
cannot be held liable in the event
of loss, theft or accident and
these risks remain the buyer’s
responsibility.
INTELLECTUAL PROPERTY
The sale of a lot does not imply
the transfer of reproduction or
representation
rights,
where
the lot constitutes the physical
medium.
PAYMENT IN FULL
Millon & Associés states that cash
payment is required for sales at
public auction and that buyers
must immediately pay the total
purchase price, irrespective of
any intention to export the lot
from France (see « Export from
France”).
Payment may be made as follows:
- in cash up to euros3,000 (French
residents)
- by cheque or postal order upon
the presentation of current proof
of identity,
- by Visa or Master Card
- by bank transfer in euros to the
following account:
BANK DETAILS:
BNP PARIBAS Agence Centrale,
1 boulevard Haussmann, 75009
Paris
BANK CODE: 30004
BRANCH CODE: 00828
ACCOUNT NO.: 00010656185
KEY: 76
IBAN: FR76 3000 4008 2800 0106
5618 576
SWIFT CODE: BNPAFRPPPAC
CONDITIONS OF SALE