1. Each entrant shall be deemed familiar with these terms and conditions of sale set forth herein. These terms and conditions may be waived only by written agreement.
2. The consignor authorizes VEILINGHUIS OMNIA to sell all or some of the goods under auction conditions to be determined at its own discretion. The consignor may set a minimum price in consultation with an appraiser from VEILINGHUIS OMNIA, but may not bid on his own consignments. Any minimum prices must have been given to VEILINGHUIS OMNIA upon collection and shall not apply unless confirmed by it in writing.
3. All goods surrendered to VEILINGHUIS OMNIA are presumed, subject to other instructions, to be for unrestricted sale, without express order. Receipt of goods does not oblige VEILINGHUIS OMNIA to sell or put them up for auction. VEILINGHUIS OMNIA reserves the right, without giving reasons, to refuse entries and remains authorized at all times to revoke an instruction to auction that it has accepted and to withhold an item from the auction and at the expense of the consignor if, in the exclusive judgment of VEILINGHUIS OMNIA, no suitable bid is made, without being obliged to pay any compensation whatsoever.
4. VEILINGHUIS OMNIA reserves the right to decide in which of its auctions it will sell an item. If VEILINGHUIS OMNIA considers this desirable or necessary, VEILINGHUIS OMNIA may sell the goods by means of another auction (or have them sold), if possible subject to these conditions. Storage costs may only be charged if the goods cannot be put up for auction at a time to be determined by VEILINGHUIS OMNIA, but only after explicit instructions from the consignor.
5. VEILINGHUIS OMNIA arranges auctions entirely at its own discretion. The inclusion of goods in an auction or their exclusion, as well as any announcements regarding a good in the auction catalog or in a brochure of upcoming auctions, are at the sole discretion of VEILINGHUIS OMNIA, which is entitled to consult experts or authorities without assuming any responsibility in this regard, as well as in relation to advice given by it regarding goods or their sale.
The consignor shall indemnify the VEILINGHUIS OMNIA completely against any claim concerning or in connection with goods sold by the VEILINGHUIS OMNIA on behalf of the consignor or the sale thereof.
6. The consignor declares that he agrees that VEILINGHUIS OMNIA has declared in its terms and conditions of sale that it is prepared to take back the auctioned goods against simultaneous restitution of the purchase price and the premium, if, within a period of three weeks after the sale, the buyer proves to the satisfaction of VEILINGHUIS OMNIA that the auctioned object has such serious hidden defects or that the description given is so incorrect that if the buyer had known about these defects or the correct description at the time of the sale, he would have decided not to buy the object or would have bought it at a substantially lower price. The consignor irrevocably authorizes VEILINGHUIS OMNIA, if, in the exclusive opinion of VEILINGHUIS OMNIA, such circumstances should apply, to cancel the sale in return for restitution of the purchase price and premium. By rescinding the sale, the good(s) shall be deemed unsold within the meaning of Article 8 of these terms and conditions.
7. VEILINGHUIS OMNIA shall pay to the consignor the proceeds of the sale less all costs to be borne by him, such as transport costs, administration costs, commission, inspection costs and any other costs agreed upon in advance, provided that it has received the purchase price in full from the buyer and that no appeal has been made by the buyer for dissolution of the sale in the sense of Article 6 of these terms and conditions, which appeal for dissolution has been recognized by VEILINGHUIS OMNIA, or no dissolution of the sale in the sense of Article 8 of these terms and conditions has taken place. Payment usually takes place one month after the auction, either a notice referred to in Article 6 of these terms and conditions has been received from the buyer or a rescission of the sale within the meaning of Article 8 of these terms and conditions has taken place.
If the consignor is dissolved, VEILINGHUIS OMNIA is entitled to reclaim the purchase price paid to the consignor as well as all other damages suffered by VEILINGHUIS OMNIA as a result of this judicial dissolution, including judicial dissolution of a sale due to inaccurate statements or declarations by the consignor or other acts or omissions attributable to the consignor, all this at the sole discretion of VEILINGHUIS OMNIA.
8. VEILINGHUIS OMNIA is irrevocably authorized by the consignor to resell unsold goods at the next auction. The consignor also irrevocably authorizes VEILINGHUIS OMNIA to regard the sale as legally cancelled if the buyer fails to make payment on time, with the right for VEILINGHUIS OMNIA to regard the goods of this cancelled sale as unsold goods, which may be resold at a subsequent auction. The sales price on the basis of which settlement will be made with the consignor within the meaning of article 7 of these terms and conditions shall be the price realized in the sale in re-auction within the meaning of this article. The provisions of these submission conditions shall again apply in full to the re-auction sale. The consignor expressly acknowledges the right of VEILINGHUIS OMNIA, at its own discretion, to claim fulfillment from the buyer who has exceeded a payment term or to proceed to the dissolution of the sale as referred to in this article, or to first claim fulfillment from the buyer and then, if this claim does not succeed, to proceed to dissolution as referred to in this article.
9. The goods will be handled with the utmost care by VEILINGHUIS OMNIA. Until the moment of allotment, however, all risks are entirely the responsibility of the consignor. VEILINGHUIS OMNIA is not liable for any loss or damage to the goods, unless this is the result of an intentional act or omission or gross negligence of one of its employees. The consignor is liable for any damage caused by the goods submitted. VEILINGHUIS OMNIA is authorized, without prior notice to the consignor, to open all packages and closures and to take such measures as it deems useful in connection with the preservation of the goods and to subject the goods to such treatment(s) as would favourably influence the result of the auction. The costs incurred in connection with opening, preservation or processing shall be borne by the consignor. At the request of the consignor, goods may be insured against burglary and other risks at the consignor's expense for as long as they are in his building or in a storage place referred to under item 10. The insured value will be the assessed value determined by VEILINGHUIS OMNIA.
10. VEILINGHUIS OMNIA is entitled to take measures for storage in a warehouse of goods sent or delivered to it.