The taking over of one or more works of art is regulated and subject to an exclusive mandate to sell. Here are the main points of this contract.
1) Legitimate provenance and full possession
The principal declares that he is the sole owner of the goods in question in this contract. He confirms therefore that they have been acquired by him or received by him for just title and of which he has full and absolute availability.
2) Duration of the mandate
The assignment for attempted sale has a variable and agreeable duration, up to a maximum of 12 months. In case the sale should be finalized after the expiration of the contract, but following negotiations initiated by the agent, the commission will be due in any case.
3) Authorization to release and use of sensitive data
The Principal undertakes to provide information and documents in his own possession relating to the works covered by this contract.
4) Confidentiality clause
Both parties undertake to guarantee each other the confidentiality necessary for the execution of this contract.
5) Exception of notification/failure to provide documentation
Under no circumstances shall the contractor be liable for the failure to release documentation, for the notification or seizure of an item by the competent authorities or for the failure to issue a certificate of authenticity by archives and foundations, EVEN IF BAIAS HAS TAKEN CARE OF THE REQUEST.
The indemnity also extends to the requirements to be met in order to market works made, in part or in full, with materials from endangered species.
6) Copyright
BAIAS holds the copyright to images, illustrations and written and processed material for any work governed by the contract. The client may only use these with the prior written permission of BAIAS.
7) Privacy
BAIAS is the controller of personal data, which will be processed in accordance with European Regulation No. 2016/679 (General Data Protection Regulation or GDPR) and subsequent amendments.
8) Commissions
The parties agree to the following fees:
a) in case of sale
The agent will be paid a standard percentage of 20% (twenty percent) on the sale price (or awarding price in case of the auction), excluding VAT and accessories by law.
b) in case of consultancy
The agent will be paid a standard percentage of 10% (ten percent) of the value or of the sum of the values subject to consulting, excluding VAT and legal accessories.
c) expertise
the cost varies according to the type of work being examined in addition to the calculation of the working hours involved and the calculation of the out-of-pocket expenses incurred.
These fees will be due even if the payment is completed after the expiry of this contract and will be paid at the final stipulation of the sales agreement between the parties.
9) Expenses
The Customer shall bear all costs relating to:
The amount of these expenses will be agreed upon in advance between the parties depending on the case.
10) Insurance
BAIAS insures works at “declared value” or “accepted estimate”. The insurance is taken out by BAIAS with a leading insurance company at the most favourable conditions available. The insurance is valid as a full indemnity in favor of BAIAS for any and all variations in the deteriorating condition of the entrusted goods, including removal or destruction. By signing this contract, the seller completely exonerates BAIAS from any responsibility (with the exception of fraud) for the goods entrusted, and explicitly agrees to take the insurer as the sole point of contact for the purpose of contesting any loss or diminution in value of the goods, within the limits and for the same effects of the policy protecting the same, which the seller declares that he is familiar with and considers adequate for his needs regardless of the management of the goods by BAIAS.
The insurance coverage applies only to the premises of the company’s operational headquarters and ceases upon expiration of this contract.
BAIAS declines all responsibility for insurance taken out directly by the seller.
Ad hoc insurance can be arranged on request.
BUYING AT AUCTION
Baias can sell at auction in various ways – in person and/or remotely – specifically stated in each sales catalogue.
Buyer’s premium
Baias charges 24% on the hammer price.
Other commission for online platforms will be charged on top of the basic commission (24%)
The online fee changes according to the partner platform and is always specified in the terms and conditions of each sale.
Terms of payment and collection of lots
The lots purchased must be paid to Baias srl within 3 working days after the date of the auction. The lots purchased must be immediately collected by the buyer or by persons/personnel appointed by the buyer within and no later than 10 days from the date of payment. Beyond this deadline BAIAS may charge a storage fee.
Payment
The payment can be remitted according to these methods:
– Cash up to the legal limit
– Bank cheque entitled to Baias Srl
– Credit card
– Bank transfer to:
BCC Brescia – Piazza Monsignor Giuseppe Almici, 2, 25124 Brescia BS
IBAN: IT33I0869211210039000397902
BIC/SWIFT: CCRTIT2TH00
Catalogue
Estimates in the catalogue are expressed in Euro (€).
A specific condition report on one or more lots may be requested before the auction.
Liability
The Auction House acts as agent with representation for the Seller and is exempt from any responsibility regarding the provenance and description of the Lots in the catalogues, brochures and any other illustrative material; such descriptions, as well as any other indication or illustration, must be considered purely indicative and not binding, and cannot generate any kind of reliance whatsoever in the Bidders and in the Buyer. Any reference to the condition of the work in the catalogue entry does not amount to a complete description of the state of conservation. All auctions are preceded by a viewing, with free access or by appointment, in order to allow for a careful and thorough examination of their authenticity, state of preservation, provenance, type and quality, on which exclusively the Bidders and the Buyer assume all risks and responsibilities, also for the effects of art. 1488, c. 2, Civil Code. After the sale, neither the Auction House nor the Sellers shall be held liable for any defects in the Lots, regarding, among other things, the state of preservation, incorrect attribution, authenticity, origin, weight or lack of quality of the Lots. To this end, the Bidders and the Buyer expressly waive the warranty pursuant to Article 1490 of the Italian Civil Code, releasing the Auction House from any related liability. The Lots are sold “as is” and through public auction, therefore no right of withdrawal is granted.
Condition reports
Condition reports might not be included in the catalogue entries. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. It is the responsibility of prospective bidders to examine lots in person, through an agent or by contacting the auction house to determine their level of interest. Requests for condition reports with additional photographs can be made by emailing us. Any condition report given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact.
Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition, aging and genuineness and must understand that any statement made by Baias Arte is merely a subjective, qualified opinion.
NOTWITHSTANDING CONDITION REPORTS OR ANY DISCUSSION CONCERNING A LOT, ALL LOTS ARE OFFERED AND SOLD “AS IS”.
Shipping and Fine Arts
BAIAS srl does NOT provide the shipping of the lots purchased. Nevertheless, we will make every effort to facilitate the delivery of the lot by suggesting the address of a shipping agent that performs the service according to the rules in force in Italy.
Lots with materials of protected species and lots subject to embargo
BAIAS will give explicit notice in the catalogue of the materials comprising each lot and will treat them in accordance with the Italian law. It is the buyer’s responsibility to verify that such materials can be imported into the country of destination of the goods before making an offer.
The same applies to artefacts from certain civilisations (e.g. lots of Iranian origin, archaeology). It is the buyer’s responsibility to verify that lots with such attributes can be imported into the country of destination of the goods before making an offer.
Declaration of cultural interest, pre-emption and exportation
The Purchasers shall be obliged, inter alia, for the objects of the Lots subject to the procedure of declaration of cultural interest (so-called notification) pursuant to Articles 13 et seq. Legislative Decree No. 42/2004, to comply with all the provisions set forth in the Code of Cultural Heritage and any other applicable regulations, also with regard to customs, currency and tax matters. In any case, it is understood that, in the event of denial of the export license, the sale shall remain valid and binding, including the obligation to pay the Total Price within the prescribed terms. It is the exclusive responsibility of the Buyer to verify any restrictions on the exportation of the Lots awarded or any licenses or certificates required by law (issued or to be issued), with express exoneration of any eventual obligation and/or responsibility on the part of the Auction House. In the event of the pre-emption pursuant to Articles 60 et seq., Legislative Decree No. 42/2004, or of compulsory purchase pursuant to Article 70 of the same law, the Buyer may not claim anything, for any reason whatsoever, from the Auction House and/or the Seller, other than the sole reimbursement of any amounts already paid due to the award of the Lots and buyer’s premium. In the event of notification or refusal of the export license, the refund of the amount paid is subordinate to the recovery of such credit from the vendor, acted by the auction house.
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