ASIATICA JAPAN SÜDOSTASIEN INDIEN, PERSIEN 18. JUNI 2024

may also pass or withdraw auctioned items without a sale even if this is not apparent to the auction participants. 6.3 Koller reserves the right to combine, sep- arate or omit numbered lots in the catalogue or to offer them out of sequence. Koller re- serves the right to sell lots “conditionally” at its sole discretion, in which event the ham- mer price will be considered as conditional and the highest bidder will remain bound by his bid for 14 days following the auction. The highest bidder will be released from all ob- ligations if he does not receive a statement from Koller within this period declaring the hammer price as final. 6.4 Written bids from potential Purchasers who cannot attend the auction in person are accepted up to 48 hours before the auction begins. 6.5 Potential Purchasers may bid by tele- phone if they have given written no- tice at least 48 hours before the auc- tion starts. Koller does not accept telephone bids for lots estimated under CHF 500, and bidders are requested to leave a written bid or participate in the salesroom for such items. 6.6 Potential Purchasers who intend to place their bids in the course of a Live Auction may participate in the auction once their regis- tration applications have been approved by Koller. Koller reserves the right to decline reg- istration applications at its discretion. 6.7 Koller shall not be liable for any bids in- cluding advance notifications of telephone bidding which are not taken into considera- tion. Telephone bidders and persons giving written instructions are also subject to the provisions of Article 5 relating to proof of identity and financial soundness. 7. Transfer of title Ownership of an auctioned item shall be transferred to the Purchaser as soon as the purchase price and the surcharge (incl. VAT) have been comprehensively paid in Swiss francs and Koller has attributed these pay- ments to the corresponding item. 8. Collection of the auctioned items 8.1 The auctioned items must be collected at the Purchaser’s own expense within 7 days from the end of the auction during official opening hours. The place of performance for the purchase contract between the Purchas- er and the Seller is therefore the registered office of Koller. If time permits, the items may be handed over after each auction session. The handover shall take place following com- prehensive payment of the purchase price as well as the surcharge (incl. VAT) and the attribution of this sum to the auctioned item by Koller. 8.2 During the aforementioned period, Koller shall be liable for loss, theft, damage or de- struction of items which have been auctioned and paid for, although solely due to intention- al or grossly negligent acts on the part of Koller, and only up to the total of the auction price, surcharge and VAT. Koller ceases to have liability after the aforementioned period, and the Purchaser shall be responsible for ensuring adequate insurance cover for the auctioned item. No liability can be assumed for frames and glass. If the auctioned items are not collected within 7 days, Koller will store the works at a company of their choice at the purchaser’s own risk and expense or on their own premises at a daily rate of CHF 10 per object. 8.3 Shipping orders may be given to Koller in writing. All shipping costs shall be borne by the Purchaser. Unless otherwise agreed in writing, transport insurance shall be con- tracted for the sold items at the expense of the Purchaser. Glass-covered pictures and fragile items shall not be sent by Koller. 9. Payment for the auctioned items 9.1 The invoice for a successful bid for an auc- tioned item is payable in Swiss francs within 7 days from the end of the auction. Payments by credit card are only possible with the ap- proval of Koller’s accounting department, and are subject to processing fees amounting to between 2 and 4% of the invoiced amount, payable by the purchaser and added to the invoice total. 9.2 Irrespective of the Purchaser’s instruc- tions, Koller may use any payments by the Purchaser as settlement for any debt owed by the Purchaser to Koller or the Seller and set off any debt which it owes to the Purchaser against its own claims. If the Purchaser de- faults on a payment, default interest of 10% p.a. shall be charged on top of the invoiced sum. If Koller does not receive payment for purchases within seven (7) days following the auction, Koller reserves the right to charge the Purchaser’s credit card for the full amount of the invoice, without further notification to the Purchaser. In such cases the credit card processing fees of 2–4% as described above are also applicable, and will be charged to the Purchaser’s credit card. 9.3 If the Purchaser does not pay or does not pay promptly, Koller may moreover in its own name and in the Seller’s name either (i) insist on the fulfilment of the purchase agreement or (ii) without further notice withdraw from the purchase agreement and waive the sub- sequent performance of the Purchaser or as- sert a claim for compensation for non-perfor- mance; in the latter case Koller shall also be entitled, irrespective of any minimum sales price, to sell the item either directly or in an auction, and may use the proceeds to reduce the debts of the Purchaser. Any amount re- alised above the original hammer price shall be paid out to the Seller. The Purchaser is li- able to Koller and the Seller for all prejudice caused by non-payment or late payment. 9.4 Koller retains a right of retention and a lien on all the Purchaser’s items in its custody until full payment of all monies owed. Koller may exercise such liens in accordance with the legislation on the enforcement of debts or by private sale (including in its own name). The plea of prior lien exploitation pursuant to Art. 41 of the Swiss Debt Collection and Bankruptcy Act is excluded. 10. Representation Each Purchaser shall be personally liable for each bid they place, and for the purchase contract between the Purchaser and the Sell- er. Proof of the power of representation may be requested from persons bidding as agents for a third party or as an organ of a corporate body. The agent shall be jointly and severally liable with his principal for the fulfilment of all obligations. 11. Miscellaneous provisions 11.1 The auction shall be attended by an offi- cial from the city of Zurich. The attending offi- cial, the local authority and the state have no liability for the acts of Koller. 11.2 Koller reserves the right to transfer any or all rights and obligations from these GAC to a third party or to have these carried out by a third party. The bidder and/or Purchaser does not have the right to transfer any rights from these GAC to a third party. 11.3 Koller reserves the right to publish illus- trations and photographs of sold items in its own publications and the media and to publi- cise its services therewith. 11.4 Koller shall comply with the applicable data protection provisions and shall take ap- propriate technical and organisational pre- cautions to protect the personal data entrust- ed to it. If Koller discloses personal data to third parties, it shall ensure that it is only pro- cessed to the extent that it is authorised to do so itself. Further information on the process- ing of personal data can be found in Koller’s privacy policy (available on its website). 11.5 These GAC form part of each individ- ual purchase agreement concluded at the auction. Amendments are binding only with Koller’s written agreement. 11.6 Should certain provisions of these GAC be or become partially or fully invalid and/or unenforceable, this does not affect the valid- ity of the remaining provisions. The invalid and/or unenforceable provisions shall be re- placed by those which most closely approx- imate the economic meaning and intended economic purpose of said provisions. The same shall be applicable to any possible gaps or loopholes in the provisions. 11.7 These GAC and all amendments thereof are governed by Swiss law, under exclusion of possible references to Switzerland’s Fed- eral Code on Private International Law (CPIL), and under exclusion of the Vienna C.I.S.G. Convention (UN Convention). 11.8 The courts of the Canton of Zurich, Switzerland shall be exclusively responsible for settling disputes (including the assertion of offsetting and counterclaims) which arise out of or in conjunction with these GAC (in- cluding their validity, legal effect, interpre- tation or fulfilment). Koller may, however, initiate legal proceedings before any other competent court. 11.9 In the event of any discrepancy between the different language versions of these GAC, the German language version shall prevail. Zurich, 2 February 2024 229