Terms & Conditions
GUIDE FOR PROSPECTIVE BUYERS AT HAUTE AUCTION
Conditions of Sale
Please be advised that Haute Auctions acts as agent for the seller.
Buyer’s Premium
Haute Auctions charges the successful bidder a commission, or buyer’s premium, on top of the hammer price of each lot sold. The buyer’s premium is payable by the buyer as part of the total purchase price at the following rates:
15% of the hammer price up to and including € 150,000,
10% of the portion of the hammer price above € 150,000.
VAT
21% Value added tax (VAT) payable on the buyer’s premium.
Estimates
Estimates are intended as a guide for prospective buyers. Any bid within the high and low estimate range should,
in our opinion, offer a chance of success. However, many lots achieve prices below or above the pre-sale estimates. It is advisable to contact us closer to the time of the auction as estimates can be subject to revision.
Pre-sale estimates do not include the buyer’s premium or VAT. Estimates are printed in Euros.
Condition of Lots
Our catalogue does not include references to condition. The absence of reference to the condition of a lot in the catalogue entry does not imply that the lot is free from faults or imperfections. Solely as a convenience to clients Haute Auctions provides information on the condition. In preparing such, our specialists assess the condition in a manner appropriate to the estimated value of the property and the nature of the auction in which it is included.
While condition reports are prepared honestly and carefully, our staff are not professional restorers or trained conservators. We therefore encourage all prospective buyers to inspect the online high-res images good and that particularly in the case of any lot of significant value, that you retain your own restorer or professional advisor to report to you on the property’s condition prior to bidding. If a lot is sold framed, Haute Auctions accepts no liability for the condition of the frame. If we sell any lot unframed, we will be pleased to refer the purchaser to a professional framer.
Pre-Auction Viewing
Pre-auction viewings are open to the public and free of charge. Our specialists are available to give advice and condition reports at viewings or by appointment.
Symbol Keys
The following keys explain the symbols you may see inside this catalogue.
Δ Property in which Haute Auctions has an Ownership Interest Lots with this symbol indicates that Haute Auctions owns the lot in whole or in part or has an economic interest in the lot equivalent to an ownership interest.
λ No Reserve is indicated by a λ. All lots in this catalogue are offered subject to a reserve. A reserve is the confidential value established between Haute Auctions and the seller and below which a lot may not be sold.
The reserve for each lot is generally set at a percentage of the low estimate and will not exceed the low pre-sale estimate.
* Property Subject to the Artist’s Resale Right Lots marked with * are subject to the Artist’s Resale Right calculated as a percentage of the hammer price and payable as part of the purchase price as follows:
Portion of the Hammer Price (in EUR) Royalty Rate
From 0 to 50.000 4%,
From 50.000.01 to 200.000 3%,
From 200.000.01 to 350.000 1%,
From 350.000.01 to 500.000 0.5%
Exceeding 500.000 0.25%.
The Artist’s Resale Right applies where the hammer price is EUR 1.000 or more, subject to a maximum royalty per lot of EUR 12.500.
Withdrawal
Haute Auctions may withdraw any lot at any time prior to or during the sale, Haute Auctions has no liability to the consignor or potential buyer.
Bidding at Auction
Live Bidding
Bids may be executed during the auction live in our saleroom.
Please register at the sale location at least 30 minutes before the sale starts.
Online Bidding
You can bid through the online live bidding platform, Invaluable. More information is available on our website at www.hauteauctions.com. Clients who wish to run the platform on Safari will need to install Adobe Flash Player. The first time you register you will be required to create an account; thereafter you will only need to register for each sale. You must pre-register at least 24 hours before the start of the auction in order to be approved by Invaluable. New clients are encouraged to register at Invaluable 48 hours in advance of a sale to process your information. Please note that corporate firewalls may cause difficulties for online bidders.
Absentee Bids
If you are unable to follow the auction live you can leave an absentee bid at Invaluable, or with the Haute Auctions team during the viewing days. Bids must be placed in writing in the currency of the sale. Always indicate a maximum bid, excluding the buyer’s premium and VAT. Any absentee bid must be received at least 24 hours in advance of the sale. In the event of identical bids, the earliest bid received will take precedence.
Employee Bidding
Employees of Haute Auctions may bid at the auction by placing absentee bids as long as they do not know the reserve when submitting their absentee bids and otherwise comply with our employee bidding procedures.
Bidding Increments Scheme
From: To: Increment:
€100 - €1.000: €50
€1.000 - €2.000: €100
€2.000 - €3.000: €200
€3.000 - €5.000: €200-500-800
€5.000 - €10.000: €500
€10.000 - €20.000: €1.000
€20.000 - €30.000: €2.000
€30.000 - €50.000: €2.000-5.000-8.000
€50.000 - €100.000: €5.000
€100.000 +: €10.000
The auctioneer may vary the increments during the sale. If there is no bid whatsoever on a no reserve lot, the auctioneer may deem such lot unsold. After sales are possible. When interest in unsold lots occur please contact Haute Auctions.
After the auction buyers are required to pay for purchases immediately following the Invaluable process. Payment will be processed within a couple days. If the bidding was not through Invaluable, you will receive an invoice from Haute Auctions. Payment must be done within 7 days.
Collection
It is our policy to request proof of identity on collection of a lot. A lot will be released to the buyer or the buyer’s authorized representative when Haute Auctions has received full and cleared payment and we are not owed any other amount by the buyer. If you are in doubt about the location of your purchase, please contact us prior to arranging collection. We will levy storage and handling charges on uncollected lots 21 days after the sale.
Physical Loss, Damage and Liability
Haute Auction accepts responsibility for any physical loss or damage (excluding frames) to the property during the applicable free storage period (until 7 days after the auction). We warrant that the lots in our sale are authentic and we strive to catalogue the works and conditions as accurately as possible. If after purchase this appears otherwise, within 6 months of the date of the auction, you give notice to us that your lot is not authentic, subject to the terms below, we will refund the purchase price paid by you.
In order to claim under the authenticity warranty, you must:
(i) give us written notice of your claim within 6 months of the date of the auction. We may require
full details and supporting evidence of any such claim;
(ii) we may require you to provide the written opinions of two recognised experts in the field of the lot mutually agreed by you and us in advance confirming that the lot is not authentic. If we have any doubts, we reserve the right to obtain additional opinions at our expense; and
(iii) return the lot at your expense to us in the condition it was in at the time of sale.
Transport and Shipping
As a free service for buyers, Haute Auctions, will wrap purchased lots for hand carry only. We do not provide packing, handling or shipping services directly. However, we will coordinate with shipping agents instructed by you in order to facilitate the packing, handling and shipping of property purchased at Haute Auctions.
Export and Import Licences
Before bidding for any property, prospective bidders are advised to make independent enquiries as to whether a licence is required to import it into another country. It is the buyer’s sole responsibility to comply with all import and export laws and to obtain any necessary licences or permits. The denial of any required licence or permit or any delay in obtaining such documentation will not justify the cancellation of the sale or any delay in making full payment for the lot.
VAT and Other Tax Information for Buyers
The following provides general information to buyers on the VAT and certain other potential tax implications of purchasing property at Haute Auctions. This information is not intended to be complete. In all cases, the relevant tax legislation takes precedence, and the VAT rates in effect on the day of the auction will be the rates charged. It is essential for shippers acting on behalf of buyers to collect copies of original import papers. Haute Auctions will not be able to issue any refunds where the export documents do not exactly comply with governmental regulations. Please note that refunds of VAT will only be made where VAT has been incurred for a business purpose. Any VAT incurred on articles bought for personal use will not be refunded. Buyers should consult their own tax advisors.
The Auction Conditions of Sale may be amended by saleroom addendum or auctioneer’s announcement.
Haute Photographie BV
Lindengracht 35
1015 KB Amsterdam
The Netherlands