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AUDAP & MIRABAUD (hereafter A&M) is a company
of voluntary auction sales regulated by the law of July
10th 2000. In such capacity it acts as the agent of the
seller who contracts with the buyer. The relationships
between A&M and the buyer are subject to the present Sale
Conditions which can be modified by saleroom notices or
oral indications given at the time of the sale, which will be
recorded in the official sale record. Purchased lots will have
to be paid immediately after the sale.
The sale will be conducted in Euros. Purchasers will pay
in addition to the hammer price, a buyer’s premium of
21,5%+VAT i.e. 22,68% for books and 25,8% for other
items.
GOODS FOR AUCTIONS / GUARANTEES
The auctioneer is bound by the indications in the catalogue,
modified only by announcements made at the time of the
sale noted in the legal records thereof. The order of the
catalog can be modified. An exhibition prior to the sale
permits buyers to establish the conditions of the lots offered
for sale and no claims will be accepted after the hammer has
fallen. Some differences may appear between the original
work and its illustration, there will be no claims in such
matter. The measurements are given only as an indication.
The statements about any restoration, mishape or harm
arisen concerning the lot are only made to facilitate the
inspection thereof by the prospective buyer and remain
subject to his/her own or to his/her expert’s appreciation.
The absence of statements relating to a restoration, mishap
or harm, whether made in the catalogue, condition reports,
on labels or orally, does not imply that the item is exempt
from any current, past or repaired defect. The indication of
any defect whatsoever does not imply the absence of any
other defects, being specified that basic restorations and
relining do not decrease the value of the good since they are
considered as conservatory measures. Dimensions are given
for guidance only. The state of the frames is not guaranteed.
Any changes to the conditions of sale or to the descriptions
in the catalogue shall be announced verbally during the sale,
and appended to the official sale record (procès-verbal).
An estimate in euros of the likely sale price is mentioned
in the catalogue, or on a separate sheet, for each lot. This
is provided for indication only. The hammer price may of
course be above or below this estimate.Pursuant to legal
rules, A&M is liable for 5 years, starting from the date of
the auction sale.
BIDS
The highest and final bidder is deemed to be the purchaser,
and must provide his/her name and address. Payment must
be made immediately after the sale. No lot will be transferred
to the purchaser before it has been paid for in full. In the
event of payment by cheque or bank transfer, property may
be withheld until payment has been cleared. Any storage
costs that may result are to be paid by the purchaser. In case
of dispute after the word « adjugé » has been pronounced,
i.e. if two or more bidders simultaneously make the same
bid, either vocally or by sign, and claim title to the lot after
the word « adjugé » has been pronounced, the said lot can
be immediately reoffered for sale by the auctioneer, and all
those present may take part in the bidding.
ABSENTEE BIDS
Bidders unable to attend the sale must complete the absentee
bid form in this catalogue that needs to be received by A&M
at least one day before the sale together with bank references
and a copy of the passport. A&M will act on behalf of the
bidder, in accordance with the instructions contained in
the absentee bid form, and try to purchase the lot(s) at the
lowest possible price, in no circumstances exceeding the
maximum amount stipulated by the bidder. A&M will act
in the bidder’s best interest and any information concerning
the latter will remain confidential. Telephone bidding are
services provided for clients. A&M declines responsibility
for any errors, omissions, technical problem that may occur
or if the call has not been answered. Should two written bids
be identical, the first one received takes precedence.
PREEMPTION OF THE PURCHASED LOTS
The 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 after the word «adjugé»
has been pronounced, the representative of the French state
expressing then the intention of the State to substitute for
the last bidder, provided he/she confirms the pre-emption
decision within fifteen days. If such confirmation has not
been made, the bidder will have to pay his/her item bought
without delay. A&Mwill not bear any liability/responsibility
for the conditions of the pre-emption by the French State.
PAYMENT
The sale shall be conducted in euros. Any payments must
be effected in euros. Payment is due immediately after the
sale. The payment is made once money has been deposited
to A&M‘s account.
Payments can be made in the following ways:
By credit card in the saleroom (VISA or MASTERCARD)
or on line
http://paiement.audap-mirabaud.com/By certified cheque or crossed cheque in euros, upon
presentation of a valid passport. In case of payment by
non certified cheque, the collection of purchase may be
postponed until the money has been received on A&M’s
account.
By bank transfer in euros.
code Swift BNPPARB PARIS A CENTRALE FR
BIC BNPAFRPPPAC
IBAN : FR76 3000 4008 2800 0116 9748 076
AUDAP MIRABAUD SARL
dépot clients SVV art L321 6 CC
RIB
Bank code Branch code Account number Key
30004 00828
00011697480 76
Any buyer who wants to execute payment by bank transfer
issued from a foreign bank account must pay additional fee
of € 20.
In cash (Decret June 24, 2015) : up to € 1000 (inc.
premium) for French citizens or professionals. up to € 15 000
(inc. premium) for foreign citizens upon presentation of
valid passport and evidence of residence abroad.
IMPORTATION / EXPORTATION
The items marked with * fall under the scope of the
temporary importation rules. Additional fees of 5,5% will
apply, unless the buyer exports the goods outside the EU.
Such buyers shall inform A&M on the day of the sale.They
will be entitled, under specific conditions, to deduct the VAT
due on the auctioneer’s fees. European buyers who pay VAT
can have the VAT deducted on the auctioneers’ fees upon
meetings of the legal requirements. A&M remains at the
disposal of any buyer should the buyer needs information
on this matter.
DEFAULT PAYMENT
Should the buyer fail to pay the amount due, and after
notice to pay has been given by A&M to the buyer without
success, the buyer will be be charged additional fees
of 10% of the hammer price, with a minimum of € 250,
together with late payment interest. A&M also reserves
the right to set off any amount. Such disposition does not
exclude compensatory damages and the enforcement of the
“procédure de folle enchère” as hereafter described. Should
the buyer fail to pay the amount due, and after notice to pay
has been given by A&M to the buyer without success, at
the seller’s request, the lot is re-offered for sale, under the
French procedure known as “procédure de folle enchère”.
If the seller does not make this request within 2 month from
the date of the sale, the sale will be automatically cancelled,
without prejudice to any damages owed by the defaulting
buyer. In addition to the additional fees above mentionned,
the defaulting buyer will be liable for the payment of the
difference 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. The information
requested on the absentee bid form are mandatory to have
your order proceeded. You can ask for and modify any data
relating to you or your can refuse for legitimate purpose in
writing to us with a copy of your ID.
A&M has registered to the Central Register of Bad Buyers
to which any payment issue may be declared. To access to
such data, to modify these or to oppose to any proceeding
of the data, please contact SYMEV 15 rue Fressinet 75016
Paris, France.
STORAGE - COLLECTION OF PURCHASES -
SHIPING
1. Bulk items purchased at auction, and not collected from
the saleroom by 10 am the day after the sale, will be stored
in Basement Level 3 at the Hôtel Drouot.
The bidding slip (bordereau), indicating proof of payment,
must be presented when property is collected. Storage costs
are due at the current rate.
Storage fees will be applicable as follow :
Administrative fees / lot VAT incl.: 5 €
Storage and insurance fees / lot VAT incl.:
1€ / day, the first 4 working days
1€/ 5€/ 10€/ 20€/day, from the 5th working day, regarding
the nature of the lot* Storage fees are capped at 50€ Vat
incl. / withdrawal.
A 50% reduction on storage fees is applied for foreign
clients and province trader, on substantiating document.
Storage fees are offered for lots shipped
by Drouot TRANSPORT !
Shipping invoice accepted up to 10 days after the sale
Drouot Magasinage :
6bis, rue Rossini – 75009 Paris.
From Monday to Saturday, 9am-10am and 1pm-6pm.
Tél :
+33 (0)1 48 00 20 18
or 56 - mail :
magasinage@drouot.comDrouot Transport :
9, rueDrouot – 75009 Paris.
From Monday to Friday, 9am-1pm and 2pm-6,5pm.
Tél :
+33 (0)1 48 00 22 49
- mail : transport@drouot-geodis.
com
Lots shall be released upon production of the paid invoice
and/ or the lot’s label.
Any lot that has not been collected within a year after
its arrival at Drouot storage facility will be considered
abandoned, and its property rights will be transferred to
Drouot as a guarantee to cover storage fees.
*Are considered:
Very small: jewellery, works on paper without frame, lots
with a volume up to 0,10m3 and which weigh under 10kg
Small: paintings smaller than 1,5 x 1,5m, lots with a volume
under 0,10m3 and which weigh between 10kg and 20kg,
lots with a volume between 0,10m3 and 0,50m3 and which
weigh under 20kg
Medium: lots with a volume under 0,50m3 and which weigh
between 20kg and 50kg, lots with a volume between 0,50m3
and 2m3 and which weigh under 50kg, paintings larger than
1,5 x 1,5 m
Large: lots with a volume above 2m3, lots which weigh
above 50kg, groups of lots
2. No item purchased will be transported to A&M’s offices
and kept free of charge for a fortnight.
No item will be sent by mail by A&M.
If the buyer has no carrier, any request forshipping by
mail will have to be made directly, upon presentation of
the invoice paid to DROUOT TRANSPORT (transport@
drouot-geodis.com, tel + 33 1 48 00 22 49) who will be in
charge of the shipping, the wrapping and the following of
such shipping.
Payment for the transport must be made directly to the
carrier. Storage fees are offered for lots shipped by Drouot
TRANSPORT if the Shipping invoice accepted up to 10
days after the sale. A&M will not be liable for any misact of
DROUOT TRANSPORT.
3. Insurance. At the fall of the hammer the title of property
shall be transferred to the purchaser, who assumes
immediate responsibility for insurance. Uncollected
property will be stored at the costs, risks and perils of the
purchaser.
A&M declines liability for lots placed in storage. The clauses
of these general conditions of purchase are independent
from each other. Should a clause whatsoever be found
null and void, the others shall remain valid and applicable.
These Conditions of purchase are governed by French
law exclusively. Any dispute relating to their existence,
their validity and their binding effect on any bidder or
buyer shall be submitted to the exclusivejurisdiction of the
Courts of France. The French language version of the Sales
Conditions prevails on the English version.
Δ
The lot is in accordance with regulation CE 338-97 of
1996/09/12, section 2-W and prior to 1947/06/01. For
any export from EU, the buyer will have to get an export
CITES.
SALES Conditions A&M