Consignment Conditions

Courtesy translation — only the German version of these Conditions of Consignment is authoritative.

1. The consignor is obliged to provide Auktionshaus Zofingen with the information required to handle their mandate.

2. Objects are knocked down to the highest bidder. The reserves agreed with the consignor are set out in detail on the object list.

3. From the hammer price achieved, Auktionshaus Zofingen receives the agreed commission, which is withheld at settlement.

4. All objects are insured against burglary, fire, water, theft and other damage. The insurance costs, calculated as a percentage of the estimate, are borne by the consignor. Insurance cover for unsold objects lapses 60 days after the auction.

5. The costs of transport to the auction and of any return transport are borne by the consignor. Extraordinary cleaning costs are charged according to expense. Unsold objects may be collected from the third week after the auction and must be collected within 60 days of it at the latest. Until then they are stored free of charge. Thereafter a storage fee of CHF 1.– per object and day is due. From 100 days after the auction, Auktionshaus Zofingen is entitled to dispose freely of uncollected returns.

6. A handling fee is charged per object, which covers all illustration costs.

7. The cataloguing of the objects as well as exhibition, advertising and conduct of the auction are covered by the commission.

8. Statutory value added tax (VAT) is levied in accordance with the applicable provisions on all services (commission, insurance, transport, handling fee etc.) and deducted in detail. It is waived only where objects are exported by buyers, which must be evidenced by a stamped export declaration within 30 days of the auction, provided that the tax amount per settlement and buyer exceeds CHF 60.–.

9. Swiss dealers subject to VAT are obliged to identify themselves before each consignment by means of their «UID VAT number» and cannot claim to be consigning on behalf of third parties. They assume the tax due on their auction proceeds and must declare it in their VAT return. Whether VAT is collected on the hammer price (H), and thus from the buyer, is determined at consignment.

10. In the event of no sale at the auction, Auktionshaus Zofingen is entitled to sell the consigned objects subsequently on the agreed terms. Purchase offers below the agreed reserves are discussed with the consignor where possible.

11. Auktionshaus Zofingen is liable for settlement of the account within 6 weeks of the close of the entire auction or, if the buyer does not pay, for the return of the objects, in which case any payment already made in advance is to be refunded to Auktionshaus Zofingen. Delayed payments by buyers may result in a provisional payment on account of the consignor's credit.

12. The consignor is liable for the information they provide on the origin, date, age and authenticity of the objects. They confirm that they have full power of disposal over the objects listed in the auction mandate and that the import of the objects did not violate a bilateral treaty or a short-term measure, or that the objects were demonstrably in Switzerland before 1 June 2005 (Cultural Property Transfer Act / CPTA). They are further liable for compliance with the Federal Act CITES (0.453 BG CITES), which since 1 October 2013 governs the control of legal trade in products of protected animal and plant species.

13. If objects consigned for auction are withdrawn, Auktionshaus Zofingen charges a handling fee of 10 % of the estimate. It also reserves the right to withdraw objects from sale on its own initiative even after conclusion of the contract.

14. The «Auction Mandate Consignor» replaces all earlier arrangements such as delivery notes, receipts and other prior mandates.

15. Place of jurisdiction and performance for all agreements, including oral ones, with Auktionshaus Zofingen is Zofingen/Aargau. Auktionshaus Zofingen is, however, entitled to bring action before any other competent court. All business relations with Auktionshaus Zofingen are governed exclusively by Swiss law. (UID) CHE-106.480.461 MWST