General Terms and Conditions Art

(Status: July 01, 2002)Preamble
1 Scope of application
1.1 The contractual terms and conditions shall apply to services of all kinds in connection with the handling of works of art, regardless of whether they relate to forwarding, freight, storage or other transactions normally associated with the art sector. This includes, for example, agreements, also as independent contracts, on the mounting and dismounting of paintings, the mounting and dismounting of other works of art, the packing, loading, stowing, transportation, unloading and storage of works of art, the collection of cash on delivery, customs handling, courier services or the arrangement of travel contracts and the procurement of transport and property insurance.

1.2 Without prior written agreement, goods that may pose a risk to other goods, the environment or persons, in particular dangerous goods as defined by the Dangerous Goods Act, are excluded from the services. If these are nevertheless handed over, the client shall be liable, regardless of fault, for any resulting damage.

1.3 The client undertakes to also agree the General Terms and Conditions of Contract for Art with its contractual partner, for example the recipient or owner of the object of art, in favor of ARTSECO.

2 Information about the works of art
2.1 When placing the order, the client must inform ARTSECO in writing of the addresses, marks, numbers, number, type and content of the packages, dimensions, weights, characteristics and the actual value of the works of art to be handled, as well as the space conditions at the collection and destination locations.

2.2 Incorrect or omitted information shall be the responsibility of the client, even if he is not at fault, unless the incorrectness was obvious and known when the order was placed.

3 Liability
3.1 For orders involving foreign countries, ARTSECO is authorized to agree the usual terms and conditions of third parties. If and insofar as damage is caused by a foreign partner, ARTSECO’s liability is determined by the contractual provisions agreed with these foreign companies. ARTSECO shall only be liable beyond this if and to the extent that the damage is due to a culpable breach of its own duty of care.

3.2 In all other respects, ARTSECO is liable for the conduct of employees and third parties engaged for performance as for its own conduct.

ARTSECO is liable for
– Damage to goods, i.e. loss of and damage to the object of art that is the subject of the contract;
– consequential damage to goods, i.e. financial losses resulting from damage to goods;
– pure financial losses, i.e. those that are not related to damage to goods or other material damage, insofar as ARTSECO or its vicarious agents are at fault. In the case of transportation by road, air, rail or sea, liability is governed by the regulations applicable to these means of transport, insofar as these are mandatory.

4 Exclusions of liability
ARTSECO is exempt from liability – regardless of the legal grounds – if and to the extent that the damage was caused by an instruction from the client or an authorized agent for which it is not responsible or by circumstances that it could not avert with the care of a prudent businessman.

5 Limitations of liability
Insofar as this does not conflict with mandatory provisions (Section 3.2) and subject to the provision in Section 5.7, ARTSECO’s liability – irrespective of the legal grounds – is limited as follows

5.1 Liability for damage to goods is limited to 8.33 special drawing rights per kilogram gross of the damaged or lost art object or to an amount of EUR 1,000.00 per cubic meter of the damaged or lost art object, whichever is higher.

5.2 If the delivery deadline is exceeded, ARTSECO shall – without further compensation – pay compensation for the proven damage up to the amount of the contractually agreed remuneration. The delivery period shall be deemed to have been exceeded if the goods have not been delivered within the agreed period or, if no period has been agreed, if the actual transportation time, taking into account the circumstances, exceeds the period that can reasonably be expected of a diligent carrier.

5.3 If works of art that are the subject of the contract are delivered to the recipient without collection of the cash on delivery agreed under the contract, ARTSECO shall be liable to the customer for the resulting damage, but only up to the amount of the cash on delivery.

5.4 Liability for purely financial losses other than those specified in sections 5.2 and 5.3 of these contractual terms and conditions is limited to the contractually agreed remuneration.

5.5 In any case, liability – irrespective of the legal grounds – shall be limited to the value of the works of art that are the subject of the damage as stated by the client.

5.6 The client may, for a separate fee, agree in writing in the contract to higher limits than those set out in sections 5.1 to 5.5 of these contractual terms and conditions, both for damage to goods, consequential damage to goods and pure financial loss. ARTSECO will only arrange insurance for the object of art, for example transport or storage insurance, on the basis of a written agreement stating the sum insured and the risks to be covered. In case of doubt, ARTSECO shall decide on the type and scope of the insurance at its own discretion and take out the insurance at standard market conditions. ARTSECO is entitled to special remuneration and reimbursement of its expenses for the provision of insurance.

5.7 The exclusions and limitations of liability provided for in sections 4 and 5 of these contractual terms and conditions apply to any claim against ARTSECO in relation to works of art that are the subject of the order placed with ARTSECO, regardless of the legal basis of the claim. ARTSECO’s employees and persons for whom ARTSECO is liable may also invoke the exclusions and limitations of liability regulated in these contractual terms and conditions, unless they have caused the damage through intent or gross negligence. The limitations of liability do not apply if damage was caused by intent or gross negligence on the part of vicarious agents in a managerial capacity and/or by intentional or grossly negligent breach of material contractual obligations; the burden of proof of intentional or grossly negligent fault lies with the claimant.

5.8 The customer must indemnify ARTSECO against third-party claims asserted against ARTSECO due to an act or omission by the customer in breach of contract.

6 Delivery, complaints
6.1 Unless otherwise agreed in writing, delivery may be made with discharging effect to any adult person belonging to the business or household who is present on the recipient’s premises or in the contractually agreed receiving rooms.

6.2 If damage to the object of art is externally recognizable upon delivery, the recipient must record this in a receipt to be signed by both parties, stating the specific nature of the loss or damage. The recipient must report any damage that is not externally recognizable in writing without delay – no later than seven days after delivery. The burden of proof lies with the claimant.

7 Payment, offsetting, statute of limitations
7.1 Invoices are due for payment immediately. Default of payment occurs without the need for a reminder or other requirements, at the latest 10 days after receipt of the invoice. In the event of default, ARTSECO may charge interest at a rate of 10% from the date of default and the usual local charges. ARTSECO reserves the right to provide evidence of higher damages.

7.2 Upon request, the customer must immediately release ARTSECO from freight claims, general average contributions or contributions, customs duties, taxes and other levies imposed on ARTSECO, in particular as the party authorized to dispose of the goods or as the owner of third-party goods.

7.3 With regard to contractual claims subject to this agreement and related non-contractual claims, offsetting or retention is only permitted with due counterclaims that are not opposed by an objection.

7.4 ARTSECO has a right of lien and a right of retention on the goods or other assets under its control in respect of all due and non-due claims to which it is entitled from the services subject to this agreement. The right of lien extends to the accompanying documents. If the customer is in default, ARTSECO may sell as much of the goods and assets in its possession as it deems necessary to satisfy its claims without further formalities after issuing a warning of sale. The informal sale may also take place if the client cannot be identified despite investigations carried out. ARTSECO may charge the usual sales commission on the gross proceeds for the sale of pledges or self-help sales.

7.5 Claims, regardless of their legal basis, are subject to a limitation period of one year. The limitation period begins when the entitled party becomes aware of the damage, but at the latest when the object of art is delivered. If the item has not been delivered, the limitation period shall commence at the end of the day on which the item should have been delivered.

8 Final provisions
8.1 The law of the Federal Republic of Germany shall apply to these contractual terms and conditions and the entire legal relationship between the Client, recipient or claimant.

8.2 If the Client is a registered trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Berlin shall be the place of performance and exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

8.3 Should a provision of these contractual terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

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