103
SCIENCES
V_9_FR
Bank :
d)
The lot will be delivered to the buyer only
after the entire payment of the price, costs and
taxes. If payment is made by cheque, the lot will
be delivered after cashing, eight working days
after the cheque deposit. If the buyer has not
settled his invoice yet or has not collected his
purchase, a fee of 50€+VAT per lot, per week
(each week is due in full) covering the costs of
insurance and storage will be charged to the
buyer, starting on the first Monday following the
90
th
day after the sale. Should the buyer fail to
pay the amount due, and after notice to pay has
been given by Artcurial SAS to the buyer without
success, at the seller’s request, the lot is re-oe-
red for sale, under the French procedure known
as “procédure de folle enchère”. If the seller does
not make this request within three months from
the date of the sale, the sale will be automatical-
ly cancelled, without prejudice to any damages
owed by the defaulting buyer.
In addition, Artcurial SAS reserves the right to
claim against the defaulting buyer, at their option:
- interest at the legal rate increased by five
points,
- the reimbursement of additional costs gene-
rated by the buyer’s default,
- the payment of the dierence between the initial
hammer price and the price of sale after “procédure
de folle enchère” if it is inferior as well as the costs
generated by the new auction.
Artcurial SAS also reserves the right to set o any
amount Artcurial SASmay owe the defaulting buyer
with the amounts to be paid by the defaulting buyer.
Artcurial SAS reserves the right to exclude from
any future auction, any bidder who has been
a defaulting buyer or who has not fulfilled these
general conditions of purchase.
e)
For items purchased which are not collec-
ted within seven days from after the sale (Satur-
days, Sundays and public holidays included),
Artcurial SAS will be authorized to move them
into a storage place at the defaulting buyer’s
expense, and to release them to same after
payment of corresponding costs, in addition to
the price, costs and taxes.
f)
The buyer can obtain upon request
a certificate of sale which will be invoiced € 60.
4. THE INCIDENTS
OF THE SALE
In case of dispute, Artcurial SAS reserves
the right to designate the successful bidder, to
continue the sale or to cancel it or to put the lot
up for sale.
a)
In case two bidders have bidden vocally,
by mean of gesture or by telephone for the same
amount and both claim title to the lot, after the
bidding the lot, will immediately be oered again
for sale at the previous last bid, and all those
attending will be entitled to bid again.
b)
So as to facilitate the presentation of the
items during the sales, Artcurial SAS will be able
to use video technology.
Should any error occur in operation of such,
which may lead to show an item during the bid-
ding which is not the one on which the bids have
been made, Artcurial SAS shall bear no liability/
responsability whatsoever, and will have sole
discretion to decide whether or not the bidding
will take place again.
5 . PREEMPTION
OF THE FRENCH STATE
The French state in entitled to use a right
of pre-emption on works of art, pursuant
to the rules of law in force.
The use of this right comes immediately after
the hammer stroke, the representative of the
French state expressing then the intention of the
State to substitute for the last bidder, provided he
confirms the pre-emption decision within fifteen
days.
Artcurial SAS will not bear any liability/responsi-
bility for the conditions of
the pre-emption by the French State.
6 . INTELLECTUAL
PROPERTY RIGHT
COPYRIGHT
The copyright in any and all parts of the
catalogue is the property of Artcurial SAS.
Any reproduction thereof is forbidden and will
be considered as counterfeiting to their detri-
ment.
Furthermore, Artcurial SAS benefits from a legal
exception allowing them to reproduce the lots for
auction sale in their catalogue, even though the
copyright protection on an item has not lapsed.
Any reproduction of Artcurial SAS catalogue
may therefore constitute an illegal reproduction
of a work which may lead its perpetrator to
be prosecuted for counterfeiting by the holder
of copyright on the work.The sale of a work of art
does not transfer to its buyer any reproduction
or representation rights thereof.
7 . ITEMS FALLING WITHIN
THE SCOPE OF SPECIFIC
RULES
The International regulation dated March
3rd 1973, protects endangered species and
specimen. Each country has its own lawmaking
about it. Any potential buyer must check before
bidding, if he is entitled to import this lot within
his country of residence.
Any lot which includes one element in ivory,
rosewood…cannot be imported in the United
States as its legislation bans its trade whatever
its dating may be. It is indicated by a (
▲
).
8. REMOVAL
OF PURCHASES
The buyer has to insure its purchase, and Art-
curial SAS assumes no liability for any damage
items which may occur after the sale.
All transportation arrangements are the sole
responsibility of the buyer.
9. SEVERABILITY
The clauses of these general conditions
of purchase are independant from each other.
Should a clause whatsoever be found null
and void, the others shall remain valid
and applicable.
10. LAW AND
JURISDICTION
In accordance with the law, it is added that all
actions in public liability instituted on the occa-
sion of valuation and of voluntary and court-or-
dered auction sales are barred at the end of five
years from the hammer price or valuation.
These Conditions of purchase are governed
by French law exclusively. Any dispute relating to
their existence, their validity and their binding ef-
fect on any bidder or buyer shall be submitted to
the exclusive jurisdiction of the Courts of France.
PROTECTION OF
CULTURAL PROPERTY
Artcurial SAS applies a policy to prevent
the sale of looted or stolen cultural
property.