AUCTIONEER means in what follows ‘Veilinghuis Carlo Bonte nv’ with registered office at 8000 Bruges, Kardinaal Mercierstraat 20, Belgium
Belgian Companies Register (VAT) KBO No. BE 0405 140 492.
SUPPLIER means in what follows the person who delivers the goods to the Auctioneer for the purpose of being publicly auctioned.
1. Each Supplier considered by the Auctioneer to be a private person unless he/she is legally mandated by a third party, in which case he/she must disclose and register his/her mandate to the Auctioneer.
2. The Supplier warrants to the Auctioneer that he/she is the bare owner or representative of the goods offered for sale and that they are free from any legal impediment to the sale, including latent defects. If it out later that there is a legal impediment which may be cited against the sale of the goods, the Supplier will pay all costs incurred by the Auctioneer and compensate for the loss of revenue. Personal data, unless they are subject to legal obligation are used by the auctioneer for internal applications only. Data will only be used externally if need be, and if explicitly authorized by, be it the buyer, be it the seller.
3. If goods, for whatever reason, are reserved by a Supplier from the auction, then the Supplier is bound to compensate all the costs and loss of revenue of the Auctioneer. This compensation will be equal to the percentage charged as commission. It is calculated on the value estimated by the Auctioneer.
4. The hammer price will be subject to a fixed commission of fifteen percent.
5. Goods are only limited to a minimum reserve price in consultation with the Auctioneer and this from a fair market value of € 1,500. This reserve price is indicated on the receipt and will be respected by the Auctioneer. All reserves must be indicated now later than eight days before the first auction day. If the reserve price is not achieved on first offering in a public auction, then the Supplier will either take back the goods or he/she agrees that in the next auction they will again be offered at a reserve price which is 20% lower than the original reserve price. If the goods remain unsold again then the Supplier will take them back and if not they will be auctioned by the Auctioneer at a third offering in public auction without a reserve price.
6. The sale of goods is only effective through the entry in the official record by the acting bailiff/notary.
7. In default sales the goods will be returned to the Supplier, in which case the commission of the Auctioneer lapse. The Supplier is free to take proceedings against the default purchaser. The Auctioneer may not be liable in cases of default sale.
8. The Auctioneer will take an independent decision on the method of sale of the goods provided, the manner of their description in the catalogue, publicity and any other action that can promote the total proceeds of the auction.
9. If goods remain unsold, they are available to the Supplier who will be assumed to collect them within ten days after the last auction. If they are not collected, the procedure set out in point 5 will apply.
10. Goods declared unsold and thus included in the official record will remain available to the Supplier for one working day after the last auction. They will then be removed at his/her expense.
11. Suppliers bidding for their own goods will be regarded by the Auctioneer as effective buyers and will, if the good is allocated to them, and even though it is their own good, be required to pay the purchase price plus costs.
12. The proceeds of auctioned goods are paid on the dates indicated in the catalogue. Proceeds will be paid only when the Auctioneer himself is in possession of the funds. Under the anti-money laundering act, the proceeds of sales may only be paid by bank transfer.
13. The cost of transport of the goods to the Auctioneer is always borne by the Supplier.
14. Every Supplier is deemed to have taken note of the above conditions.
15. In all disputes, exclusive jurisdiction will rest with the court of Bruges.