1. The Seller irrevocably charges the srl "Les Ventes Damien Voglaire", in short "LVDV", which accepts, to sell publicly against commission the objects listed on the reverse side and to collect the auction price. The Seller expressly authorizes LVDV to retain the commission, fixed at 15%, on the auction price.
2. The Seller guarantees to LVDV:
-To be the legitimate owner of the property offered for sale or to have a sufficient mandate from the owner(s) allowing him to sell it.
- to have communicated all the known information concerning the origin of the goods and to communicate to him without delay and in writing all remarks or objections concerning the property, the state and the authenticity of these.
-that the good he puts on sale is free of any charge or hindrance whatsoever, that it is of intellectual nature or concerning the copyrights being able if necessary to prohibit the reproduction or the publication of an image of the good, this within the framework or not of an auction.
The Seller discharges LVDV of any responsibility concerning the above mentioned points. The Seller guarantees to protect both LVDV and the Buyer and to fully indemnify them (including legal fees) for any dispute or claim that may arise from the sale of his goods. Upon request, the Seller will be required to reimburse LVDV the net amount of the sale proceeds. Only the Seller will be held responsible for the defects of conformity or hidden defects of the good put on sale.
3. LVDV may postpone the sale of one or more items to a later sale, permanently withdraw some items from the sale, divide a lot composed of several items or group several items to make one lot.
4. The Seller gives all rights to LVDV to photograph the item(s) being offered. LVDV reserves the right to include or not a reproduction of an item entrusted for sale in any medium (advertising, catalog or other) whether or not in the context of an auction.
5. The commitment of putting on sale a good is nothing else than an obligation of means -and not of result- and LVDV rejects any responsibility in case, for any reason, the foreseen sale does not take place. The Seller will not be able to claim damages in any case.
The determination of a reserve price or the possible evaluation of the value of a good has, as well as the definition of the author, the authenticity and the age of the proposed good, only an indicative value. LVDV does not assume any responsibility in this respect.
7. LVDV assumes the custody of the objects from their delivery in its premises and subject to the special provisions relating to the unsold objects (see article 8.). In case of damage, the Seller will be able to claim from LVDV, supposing his responsibility is established, and except fraud in his head or in that of his organs or employees, only the cost of the repairs, and in case of total loss, an indemnity which can in no case exceed the estimate mentioned on the front of this document. LVDV does not assume any responsibility for the damages to the frames and windows. In no case will LVDV be liable for an amount greater than that actually paid by its insurance company.
8. All unsold goods must be taken back by the Seller within 15 calendar days after the sale. After this delay, LVDV will only assume an obligation of means as for their custody, these goods not being covered by its insurance. After a period of three months from the sale, LVDV will be able to sell the lots to the highest bidders in order to cover the expenses caused.
9. The sums due by LVDV will be paid to the Seller -insofar as the Buyer has paid the hammer price and the expenses- during the four to eight weeks following the public sale, on the account mentioned on the bill of sale.
If the full purchase price has not been paid by the Buyer within this period, LVDV will only make the payment within five days after the full payment of the purchase price, and the Seller will not be entitled to any interest for late payment.
10. In case of default of payment by the Buyer, for whatever reason, the Seller will only be able to claim the return of the item, excluding any other compensation. LVDV will then renounce to its commission.
11. No payment of sold item will be made in favor of the Seller as long as this one will not have taken back its unsold items.
12. 12. as long as the Seller has not communicated in writing to LVDV his instructions of payment, LVDV will not be able to pay his invoice and will not be indebted of any delay interest.
13. as soon as the agreement between the two parties is signed, the Seller will be able to withdraw one or several lots from the sale only after the payment of an indemnity (for transport, storage, encoding...) equal to 15% of the value of the lot(s).
14. Only written agreements will be considered as contractual by LVDV. Any deviation from the present conditions is only opposable to LVDV by written confirmation.
15. All disputes to which the existence, the interpretation and the execution of the present contract could give place are governed by the Belgian Law. In case of litigation, only the courts of the district or the justice of peace of the canton where is established the head office of LVDV will be competent.