Conditions of Delivery of Items for Sale

 

  1. I am the owner of this/these item(s) or am authorized by the owner to sell this/ these item(s)/ deliver this/these item(s) to TAH for sale.
  2. This item is delivered to TAH free of all charges, liens, levies, debts or third party claims.
  3. The minimum price (hereinafter the “reserve”) for the item will be determined by mutual consent between TAH and the seller. Any amendments to the reserve will be subject to the seller’s approval. Without derogating from the above, TAH has the right, at its sole discretion, to sell the item at a lower price than the agreed reserve, subject to TAH paying the seller the reserve less vendor’s commission and expenses specified hereinafter.
  4. Payment for any item will be paid in one of two ways, subject to the sole discretion of Tiroche:
  5. In accordance with the representative rate of exchange of the US dollar as published on the business day before the auction is held.
  6. In the currency received by TAH for the purchase of said item.
  7. TAH’s vendor’s commission (hereinafter the “commission”) on the sale of the item is 15% of the accepted proposal (hereinafter the “hammer price”), + VAT.
  8. The seller is responsible for the cost of insuring the item in the sum of 1% of the hammer price + VAT.
  9. The seller is responsible for all expenses incurred by TAH in preparation of the item for sale, including, but not limited to, transportation, illustration and restoration costs.
  10. TAH undertakes to pay the seller the hammer price, less commission and expenses, no later than 30 days after the date of the auction, subject to the hammer price being paid in full to TAH by the buyer.
  11. The seller authorizes TAH at its own discretion, including via the internet, to sell items that were unsold at auction at the reserve price within 21 days from the date of the auction.
  12. The seller confirms that he is aware that the buyer has the right to submit written allegations against the sale within 21 days of the date of the auction. Should the buyer, for any reason whatsoever, delay payment, TAH will endeavor to recover any monies owed and shall pay the seller any amount collected less commission and expenses, within 5 days from the date of receipt of such monies.
  13. Should it be discovered, within 5 years of the date of auction that an item consigned by the seller is a forgery or inauthentic, TAH is entitled to full compensation and damages from the seller for any injury, loss, guarantee, cost, lawsuit, complaint, proceeding (civil and/or criminal), injunction, verdict, fine, damage in the present or future to TAH after this discovery.  
  14. In the event that the seller informs TAH, after delivery of the item, of intent to withdraw an item, TAH will be entitled to compensation equal to 30% of the reserve price or the estimated price or the estimate which appears in the catalogue. (This is in the case where a reserve is agreed upon.) This is in addition to any expenses incurred by TAH in regard to the item (i.e. shipping, evaluation, photography, restoration, framing etc.)
  15. TAH is entitled to deduct commission, expenses etc. owed by the seller to TAH from monies received for the purchase of auctioned items.
  16. The seller will collect any item which has not been sold no later than 21 days from the date of the auction. Where items are not collected, the seller will be responsible for storage and insurance costs at a rate set by TAH. In the event of non-collection for a period of 30 days, TAH will be entitled to sell such item at its own discretion, and to deduct any expenses incurred as a result of the sale.
  17. All statements in this agreement in the singular also include the plural and vice versa and everything that is written as individual also includes corporations and vice versa.
  18. The courts of Tel Aviv Jaffa, Israel, will have sole jurisdiction in any legal proceedings regarding any disputes between TAH and the seller which are connected to or resulting from the consignment and/or sale of an item.
  19. This contract constitutes the entire agreement between the parties, including all understandings, agreements, obligations and stipulations. Any prior contracts or agreements are hereby nullified.
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