Terms of Purchase and Sale – Hallands Auktionsverk AB

Terms of Purchase

1. Auction

1.1 All items are sold as-is, and it is the buyer's responsibility to carefully examine the items before the auction.

1.2 Bidding takes place through bids and counter-bids, in the saleroom, via the internet or by telephone. Bidding in the room must be made in a loud voice or with a clear signal, and with amounts within the established bidding increments. The buyer is the person who has submitted the highest bid. The auctioneer has the right to disregard a particular bidder. In the event of equal bids, the auctioneer decides which bid shall apply. The auctioneer also decides whether bidding shall be resumed due to uncertainty about the final bid. As the auction takes place physically in the saleroom, the Swedish Consumer Sales Act applies and not the Act on Distance Contracts and Off-Premises Contracts. There is therefore no right of withdrawal or return other than as set out in section 3 below.

1.3 The buyer is the person who, in the auctioneer's opinion, has submitted the highest bid for the object in question.

1.4 On each purchase, a commission of 25% is added to every object, as well as a hammer fee of SEK 63, both including VAT unless otherwise specifically stated.

1.5 For objects made by living artists, or by artists who died less than 71 years ago, an artist's resale levy (Droit de Suite) of 5% incl. VAT is added when the hammer price exceeds 1/20 of the price base amount.

1.6 If a bidder has not notified in advance and, where HAV so requests, proven that they are acting as agent for a named buyer and has had both the buyer and their position as agent accepted in writing by HAV, the bidder is liable as for their own debt for all obligations incumbent on a buyer of the objects the bidder purchases.

2. Payment and collection

2.1 The buyer shall pay for and collect the items no later than five working days after the auction. If payment is made by card, the card company's charges are added. If purchased items are not collected within the prescribed time, HAV has the right to transport the objects to storage with an external forwarding agent at the buyer's risk and expense.

2.2 If full payment is not made by the due date at the latest, HAV is entitled to take one or more of the following measures: a) collect the debt b) rescind the sale c) sell the object on the buyer's behalf at a public auction arranged by HAV or another auction company. In all cases, HAV is entitled to compensation for costs relating to transport, insurance and storage of objects, whereby HAV, on the buyer's behalf, may procure these services from reputable companies that HAV normally engages.

2.3 Title to a purchased object does not pass to the buyer until they have paid HAV in full and reimbursed HAV's any costs arising from late payment and/or late collection of objects.

2.4 If a purchased and paid-for object is not collected, HAV has the right but not the obligation to sell the object on the buyer's behalf at a public auction arranged by HAV or another auction company.

2.5 HAV is always entitled to deduct from the amounts received compensation for all claims HAV has against the buyer, regardless of how the claim arose and whether it is disputed or not.

3. The buyer's right of rescission

3.1 If material information in the catalogue is directly misleading and the fault is such that it can only be established by the buyer upon a more thorough inspection of the object, the buyer may rescind the purchase if a request to that effect is made within 10 working days from the day the object was collected. An object collected after the final payment day shall be deemed collected on the final payment day.

3.2 The right to rescind a purchase applies only to the original buyer and ceases if the object is transferred to a third party.

3.3 Upon rescission, the buyer is entitled, against return of the object, to receive the amount they paid to HAV at the time of purchase. The buyer is not entitled to any compensation beyond that.

4. HAV's customer service

To give prospective buyers who cannot attend the auction the opportunity to take part in the bidding, HAV's customer service accepts advance bids free of charge and offers the possibility to bid via the internet or by telephone. Special conditions apply to bidding through HAV's customer service. Please note that HAV can never be held liable in the event that bids submitted to customer service are not carried out, nor if bids via the internet or telephone cannot be carried out for technical or other reasons.

5. Force Majeure

HAV is not liable for any loss caused to the seller or the buyer due to war, war-like events, civil war, revolution or uprising, government action, strike, lockout, blockade or similar events beyond HAV's control or foresight.

6. Choice of law

Disputes concerning purchase or sale through HAV, or the interpretation or application of these provisions, as well as other disputes connected with HAV's operations, shall be settled in accordance with Swedish law at Halmstad District Court, Sweden.

Terms of Sale, Hallands Auktionsverk AB

1. upon receipt of an object for sale, as far as possible investigate any legal issues that may be relevant to a sale and, through an inspection of the object, seek to establish its authenticity and condition,

2. store objects received from the consignor in a secure manner,

3. market the objects submitted for sale by the consignor by presenting them in a listing produced for the auction, both in print and on the internet, through advertising and through viewing for interested prospective buyers.

4. carry out sales at auctions in a way that gives as many buyers as possible the opportunity to take part in the bidding, whether through personal attendance, through their own agent or through Hallands Auktionsverk's customer service.

5. collect from the buyers and account to the sellers for the payment due to the consignor for objects sold.

1. Submitting objects for sale

The consignor is responsible for having full and unrestricted title to the objects they submit to HAV for sale, or, if the object is owned by another or others, that they are entitled to submit the object for sale and to receive payment for it.

If the object is not owned by the consignor, the consignor shall prove their authority to dispose of the object. The consignor shall inform HAV if the consignor's right to the object is the subject of, or can be expected to become the subject of, a dispute.

HAV is not obliged, without particular reason, to verify the consignor's right to the object.

Upon receipt of an object, HAV issues a special submission receipt. This is non-transferable, and HAV always has the right to return the object to the person who submitted it without receiving the receipt in return.

This receipt also serves as a sales agreement unless otherwise stated in writing. If the consignor wishes to have the object returned later than 10 days before the auction, HAV has the right to charge an administration fee of 10% + VAT of the reserve price unless otherwise agreed in writing.

HAV's description of an object in the receipt and sales agreement is based on HAV's preliminary assessments. Mistakes, for example regarding originator, authenticity, age, provenance, technique or condition, cannot be invoked by the consignor against HAV.

2. Storage and insurance

From the time of receipt, submitted items are insured by HAV against damage in connection with burglary, fire or water damage, as well as against theft or breakage. The insured value is the same as the reserve price unless a special agreement on a different insured value has been concluded by HAV. Nor is HAV obliged to compensate the seller for any damage in an amount exceeding the insured value.

HAV cannot be held liable for damage to picture glass and frames, or for natural changes in living materials such as bleaching of paper and cracking of wood, or wear in connection with viewing. HAV's liability for submitted items is limited to what is stated in these terms.

3. Cataloguing

The objects are catalogued with the care warranted by the object's character, notwithstanding that all items are sold as-is, and it is the responsibility of prospective buyers to carefully examine the items of interest.

Information in the catalogue regarding originator, authenticity, age, technique or condition serves only as guidance for a prospective buyer in their examination of the object. However, if material information in the catalogue is directly misleading, the buyer may nevertheless rescind the purchase.

The agreed reserve price is HAV's assessment of the object's market value on the auction market at the relevant time.

HAV has the full and unrestricted right to photograph and otherwise depict the object submitted to HAV for sale, and to include such photographs and depictions in HAV's archive.

4. Auction

At the auction, the object shall be sold if a bid is submitted that at least corresponds to the lowest price the consignor has specifically stated in an agreement with HAV. If such a lowest price is not reached without the consignor's consent, HAV shall account to the consignor for the object as having been sold at the stated lowest price.

5. Accounting/payment

Within 5 working days after the auction, a preliminary statement of the auction results is sent to the consignor. Payment for sold and paid-for objects is sent to the address the consignor has stated on the reverse side, at the earliest 20 working days (one month) after the auction, provided that the buyer has paid and provided that no complaint has been made.

HAV has no obligation to take legal action against the buyer to make them complete the payment. In the event that the buyer does not pay, HAV has the right, at its own discretion, to rescind the sale and return the property to the consignor.

Any claim for damages against a buyer who does not fulfil their payment obligation is not pursued unless a special agreement to that effect has been reached with the consignor.

6. Collection of goods

Items that are bought in or for other reasons remain unsold shall be collected by the consignor from HAV no later than 8 working days after the auction unless otherwise agreed. If this does not happen, HAV has the right to submit the item for storage with an independent forwarding company.

The item is thereby insured and stored at the consignor's expense and risk. Should the item not be collected within three (3) months after the consignor has been requested to collect it, and the request has stated that the item will otherwise be sold after a certain time, HAV has the right to sell the item in accordance with the rules of the Act on a Trader's Right to Sell Uncollected Goods.

HAV is entitled to retain an unsold object as security for a claim HAV has against the consignor, regardless of how the claim arose and whether it is disputed or not.

7. The seller's liability for defects

If HAV becomes liable to a buyer for defects in sold items due to a justified complaint or other similar reason, HAV has the right to claim compensation from the seller corresponding to the compensation HAV may have paid to the seller.

8. Force Majeure

HAV is not liable for any loss caused to the seller or the buyer due to war, war-like events, civil war, revolution or uprising, government action, strike, lockout, blockade or similar events beyond HAV's control or foresight.

9. Choice of law

Disputes concerning purchase or sale through HAV, or the interpretation or application of these provisions, as well as other disputes connected with HAV's operations, shall be settled in accordance with Swedish law at Halmstad District Court, Sweden.

10. Fees

Fees on sale (excl. VAT) unless otherwise agreed in writing. Seller's commission 20% plus SEK 50 hammer fee per lot. If a seller bids on their own item, this is counted as a buy-in above the agreed reserve price and is charged with both buyer's and seller's commissions and fees.

11. Politically Exposed Persons (PEP)

Due to current legislation, politically or otherwise exposed persons (PEP) are required to notify Hallands Auktionsverk of this in order to be allowed to place bids with us.

• By accepting these terms of purchase, I certify that I am NOT a politically or otherwise exposed person (PEP).
  Should this be the case - please contact us at Hallands Auktionsverk.
• By agreeing to the "Terms of Purchase" I hereby declare that I am not a politically exposed person (PEP).
  Should this be the case - please contact us, Hallands Auctionsverk.