Conditions of sale

Besch Cannes Auction is a company of voluntary auction sales regulated by the law of the 10 July 2000.
In such capacity Besch Cannes Auction acts as the agent of the seller who contracts with the buyer.
The relationships between Besch Cannes Auction and the buyer are subject to the present general conditions of purchase 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.

1 - Goods for auction
a) The prospective buyers are invited to examine any goods in which they may be interested, before the auction takes place, and notably during the exhibitions.Besch Cannes Auction is at disposal of the prospective buyers to provide them with reports about the condition of lots.
b) Description of the lots resulting from the catalogue, the reports, the labels and the verbal statements or announcements are only the expression by Besch Cannes Auction of their perception of the lot, but cannot constitute the proof of a fact.
c) The statements made by Besch Cannes Auction about any restoration, mishap or harm arisen concerning the lot are only made to facilitate the inspection thereof by the prospective buyer and remain subject to his own or to his expert’s appreciation.The absence of statements Besch Cannes Auction by relating to a restoration, mishap or harm, wether 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.Inversely, the indication of any defect whatsoever does not imply the absence of any other defects.
d) Estimates are provided for guidance only and cannot be considered as implying the certainty that the item will be sold for the estimated price or even within the bracket of estimates.Estimates cannot constitute any warranty assurance whatsoever.

2 - The sale
a) Any person who is a bidder undertakes to pay personally and immediately the hammer price increased by the costs to be born by the buyer and any and all taxes or fees/expenses which could be due.Any bidder is deemed acting on his own behalf except when prior notification, accepted by Besch Cannes Auction, is given that he acts as an agent on behalf of a third party.
b) The usual way to bid consists in attending the sale on the premises.However, Besch Cannes Auction may graciously accept to receive some bids by telephone from a prospective buyer who has expressed such a request before the sale.Besch Cannes Auction will bear no liability/responsability whatsoever, notably if the telephone contact is not made, or if it is made too late, or in case of mistakes or omissions relating to the reception of the telephone.
c) Besch Cannes Auction may accept to execute orders to bid which will have been submitted before the sale and by Besch Cannes Auction which have been deemed acceptable.Should Besch Cannes Auction receive several instructions to bid for the same amounts, it is the instructions to bid first received which will given preference.Besch Cannes Auction will bear no liability/responsability in case of mistakes or omission of performance of the written order.
d) In the event where a reserve price has been stipulated by the seller, Besch Cannes Auction reserves the right to bid on behalf of the seller until the reserve price is reached.The seller will not be admitted to bid himself directly or through an agent.
e) Besch Cannes Auction will conduct auction sales at their discretion, in accordance with established practices.
Besch Cannes Auction reserves the right to refuse any bid, to organise the bidding in such manner as may be the most appropriate, to move some lots in the course of the sale, to withdraw any lot in the course of the sale, to combine or to divide some lots in the course of the sale.In case of challenge or dispute, Besch Cannes Auction reserves the right to designate the successful bidder, to continue the bidding or to cancel it, or to put the lot back up for bidding.
f) Subject to the decision of M° Jean-Pierre BESCH, conducting the bidding for Besch Cannes Acution, the successful bidder will be the bidder would will have made the highest bid provided the final bid is equal to or higher than the reserve price if such a reserve price has been stipulated.The hammer stroke will mark the acceptance of the highest bid and the pronouncing of the word « adjugé » or any equivalent will amount to the conclusion of the purchase contract between the seller and the last bidder taken in consideration.No lot will be delivered to the buyer until full payment has been made.In case of payment by an ordinary draft/check, payemnt will be deemed made only when the check will have been casched.

3 - The performance of sale
a) Charges and taxes : Please consult the buyer's premium for each sale.
• The taxes (VAT on commissions and VAT on importation) can be retroceded to the purchaser on presentation of written proof of exportation outside the EEC.An EEC purchaser who will submit his intra-Community VAT number will be exempted from paying the VAT on commissions.The payment of the lot will be made cash, for the whole of the price, costs and taxes, even when an export licence is required.
• The purchaser will be authorized to pay by the following means :
- by check or bank transfer
- by credit card : VISA/MASTERCARD

b) Besch Cannes Auction will be authorized to reproduce in the official sale record and on the bid summary the information that the buyer will have provided before the sale. The buyer will be responsible for any false information given.
c) The lot must be insured by the buyer immediately after the purchase.The buyer will have no recourse against Besch Cannes Auction, in the event where, due to a theft, a loss or a deterioration of his lot after the purchase, the compensation he will receive from the insurer of Besch Cannes Auction would prove unsufficient.
d) The lot will be delivered to the buyer only after the entire payment of the price, costs and taxes.
In the meantime Besch Cannes Auction may invoice to the buyer the costs of storage of the lot, and if applicable the costs of handling and transport.Should the buyer fail to pay the amount due, and after notice to pay the amount due, and after notice to pay has been given by Besch Cannes Auction 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 a 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, Besch Cannes Auction reserves the right to claim against the defaulting buyer, at their option :
- the reimbursement of additional costs generated by the buyer’s default,
- 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.
Besch Cannes Auction reserves the right to exclude from any future auction, any bidder who has been a defaulting buyer or who has not fulfilled these general conditions of purchase.
e) For items puchased which are not collected within seven days from after the sale (Saturdays, Sundays and public holidays included), Besch Cannes Auction will be authorized to move them into a storage place at the defaulting buyer’s expense, and to release them to same after payment of corresponding costs, in addition to the price, costs and taxes.

4 - The incidents of sale
a) In case two bidders have bidden vocally, by mean of gesture or by telephone for the same amount and both claim title to the lot, after the bidding the lot will immediately be offered again for sale at the previous last bid, and all those attending will be entitled to bid again.
b) So as to facilitate the presentation of the items during the sales, Besch Cannes Auction will be able to use video technology.Should any error occur in operation of such, which may lead to show an item during the bidding which is not the one on which the bids have been made, Besch Cannes Auction shall bear no liability/responsability whatsoever, and will have sole discretion to decide whether or not the bidding will take place again.

5 - Pre-emption of the French state
The French state is 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 hammer stroke, the representative of the French state expressing then the intention of the State to substitute for the last bidder, provided he confirms the pre-emption decision within fifteen days.Besch Cannes Auction will not bear any liability/responsability for the conditions of the pre-emption by the French state.

6 - Intellectual Property Right – Copyright
The copyright in any and all parts of the catalogue is the property of Besch Cannes Auction. Any reproduction thereof is forbidden and will be considered as counterfeiting to their detriment. Furthermore, Besch Cannes Auction benefits from a legal exception allowing them to reproduce the lots for the auction sale in their catalogue, even though the copyright protection on an item has not lapsed. Any reproduction of Besch Cannes Auction catalogue may therefore constitute an illegal reproduction of a work which may lead its perpetrator to be prosecuted for counterfeiting by the holder of copyright of the work. The sale of a work of art does not transfer to its buyer any reproduction or representation rights thereof.