1 - Contradiction
In the event of any contradiction or confusion between the French and English versions of the Terms and Conditions only the French version will be considered as true and binding.
2 - Viewing
All lots offered at auction are considered to be second hand and sold 'as seen and approved', without guaranties or warranties. All descriptions, valuations and estimates are given as indications. Viewing prior to the auction allows buyers to form an opinion as to the condition and authenticity of each and every lot. ave reserve the right to withdraw any lot from the sale at all times.
3 - Auctions
ave hold auction sales in Euros (€).
All auctions are conducted at the discretion of the auctioneer while respecting all laws, rules and regulations currently applicable. A successful buyer is the person who carries the highest bid, as long as that bid is equal or superior to the reserve whether communicated or not. The fall of the hammer signifies the end of the auction. In the event of a recognised simultaneous bid, the auctioneer will re-offer the lot, all persons present at the auction my bid for that lot. ave will not accept the return of any lot after the auction. All sales are definite and binding, under no circumstances may a sale be cancelled. The sale being held without guaranties, no subsequent claim will be considered receivable by the auctioneer other than those covered by article L321-14 of the French sale of goods law. Buyers may not claim for compensation, may not cancel the sale, may not claim for a reduction in price regardless of the reason including the state and condition of the lot, hidden faults or any other reason what so ever. The fall of the hammer automatically places the buyer under the obligation of payment for all and any lot he is recognised to have bid upon. ave will not cancel (contra) amounts owed against amounts due. All transactions are considered separate.
4 - Civil Responsibility
Buyers remain responsible for all damages, prejudice and accidents they may directly or indirectly cause to themselves or to a third party, to lots, to chattels and goods belonging to a third party, to any other persons, chattel or equipment present on the sale ground. The fall of the hammer automatically transfers the risk onto the buyer who is responsible for the full insurance of his purchases. Any post sale storage or transport will not in any way engage the responsibility of ave. The transfer of property is subject to the payment in full by the buyer of all amounts owed.
5 - Commissions and Taxes
5.1 Buyers will pay a commission on top of the hammer price of between 8% before tax (9.60% inclusive of VAT) and 21% before tax (25.20% inclusive of VAT). Buyers from a member state (EEC) who are VAT registered and wish to export their lot(s) and benefit from the relevant tax rebate(s) must supply ave with their VAT number at the time of the sale and all documents relative to the proof of export within one month post sale. VAT will not be reimbursed if these conditions are not met.
5.2 Payment is made on the fall of the hammer, the hammer price inclusive of all tax and commission must be paid during or immediately after the sale. Lots will only be released upon the receipt of the payment in full. Payment by cheque or bank transfer may delay the release of the lots until the full amounts have cleared. The buyer accepts that all payments subject to bank charges or any other surcharge must be made net of all such charges and fees. In the event that a buyer defaults on the payment of his lot(s) ave reserve the right to re-auction the lot(s) within one month under the laws of the "Folle Enchère". Should ave decide not to apply the "Folle Enchère" the sale is considered to be null and void without any duty, prejudice, damages or interest owed to the defaulting buyer. ave retain the right to claim from the defaulting buyer the full amount owed including all and any damaged and interest that may be applicable.
6 - Lot Removal
The buyer must proceed with the removal of his purchased lot(s) within 24hrs post sale unless a previously agreed arrangement has been made between him and ave. The absence of such an agreement will incur storage, handling, transport, insurance cost which he will have to acquit prior to the collection of his lot(s). All handling, transport and storage instructions remain the buyers sole responsibility and must be conveyed to ave in writing. Lots may only be removed from the sale ground at the end of the sale and only upon the presentation of a release form.
7 - Export and Intra Community Deliveries
The buyer is responsible for all necessary forms and authorisation he may need. Certain lots may require modification so as to comply with the rules and regulation applicable in the country of destination. Foreign buyers are informed that custom and excise duties are not included in ave’s commission.
8 - Jurisdiction
All claims, interpretations or applications relative to these terms and conditions are subject to French Law exclusively. Lots sold without a certificate of conformity or sold "for spares" do not benefit from a certificate of conformity signed by the vendor (article R233-15 to R233-41 and annex I of book II of the French Sale of Good law. They are therefore to be considered as not conforming to current regulations, as unusable in their present condition and sold for spares.