Terms and Conditions - Appraisal Services
ATTENTION: The Conditions of Business serve as an agreement for an appraisal service (the "Agreement") provided by René Lahn Fine Art AG (the "Company") to you (the "Client").
PLEASE NOTE: By choosing to have the Company appraise your object, you are entering into a legally binding contract. Please carefully review the terms below before proceeding.
1. INTRODUCTION
1.1 The headings in these Conditions of Business are provided for convenience only and do not affect the interpretation of the Agreement.
1.2 By submitting photographs and related information of the object for appraisal, the Client:
(a) agrees to these Conditions of Business as stated; and
(b) grants the Company a global, non-exclusive, perpetual, royalty-free license to the provided materials.
1.3 The Company reserves the right to decline providing an appraisal.
2. THE AGREEMENT
2.1 The Agreement consists solely of these Conditions of Business. No other documents, correspondence, or communications will be considered part of the Agreement unless both parties agree in writing.
2.2 The Agreement becomes effective once the Company agrees to appraise the object and the Client pays the agreed fee, subject to the Company’s right to withdraw its services as outlined herein.
3. ESTIMATE OF VALUE SERVICES
3.1 The Company provides an appraisal service based on photographs submitted by the Client and/or taken by an employer of the Company during a personal inspection of the articles to appraise. This service involves offering an estimation of the object’s potential value depending on the defined purpose and/or intended use of the appraisal. These values reflect the Company’s opinion of what the object might achieve in the appropriate market. The value is given as of the time it is provided and might or might not – depending on the appraisal purpose/objective - include any associated sale expenses, commissions, or taxes. The provided value is based on preliminary examination of submitted photographs and/or upon personal inspection of the articles to appraise. This might or might not include physical inspection, detailed analysis, or background research. It is an opinion rather than a factual determination.
3.2 The Company aims to deliver the appraisal in a timely matter.
4. THE APPRAISAL REPORT
4.1 The values expressed are based on professional judgment and opinion and are not representations or warranties that the items will realize such values if offered for sale in an appropriate market.
4.2 The Company does not assure that the object is safe, functional, or suitable for its intended use.
4.3 The appraisal report is the Company’s intellectual property, intended solely for the Client’s personal use. Possession of this report, or a copy thereof, does not include the right of publication without our written consent. This report or any part thereof, including the identity as the appraiser or the Company, shall not be made public through advertising, public relations, news re-leases, sales, or other distributive or information media without written consent. The client shall indemnify, defend, and hold the Company as the appraisers harmless from and against all actions, claims, liabilities, or expenses incurred as a result of claims based on or arising from appraisal and the Appraisal Report, by third parties unrelated to the stated purpose of this appraisal and Appraisal Report.
4.4 The Company is not required to give testimony, be present in any court of law, or appear be-fore any commission or board by reason of this Appraisal Report without reasonable prior notice. Should this report be challenged in any way, not limited to litigation, it is understood that the Company is prepared to defend this Appraisal Report, if required. Appearance and testimony at deposition, trial, or alternative dispute resolution proceedings and the necessary preparations thereof are considered to be new and separate assignments. Such assignments will be billed at the Company’s then current fee schedule.
4.5 Copies of the provided Appraisal Report and the Company’s written and electronic notes pertaining to the appraisal assignment will be kept in the offices of the Company for a minimal period of five (5) years after the date of issue or two (2) years after final disposition of any judicial proceedings involving ourselves, whichever period expires last. The Compnay will make every effort to store the client’s records in a safe and secure environment. However, the Company is not responsible for acts of nature, war, terrorism, or other unexpected catastrophes which may affect the safekeeping of this report.
4.6 All matters regarding the Company’s duties, responsibilities, and liabilities are in accord with the Valuation Standards and Professional Practices as outlined by the Appraisal Foundation in the 2024 Uniform Standards of Professional Appraisal Practice and the Principles of Practice and the Code of Ethics of the Appraisers Association of America.
4.7 Submission of the Appraisal Report concludes the appraisal assignment. Additional services related to the delivered appraisal shall constitute a new assignment and shall be invoiced accord-ing to the Company’s current fee schedule at that time.
5. CLIENT’S OBLIGATIONS AND ACKNOWLEDGEMENTS
5.1 The Client is responsible for paying the agreed fee.
5.2 The Client warrants that they either own the object or have proper authorization from the owner to have it appraised.
5.3 The Client confirms that the object is free of any third-party claims/fractional interests, restrictions or any other form of encumbrance or alienation.
5.4 The Client warrants that they either own or have permission to use the materials submitted and will indemnify the Company against any breach of this warranty.
5.5 The Client must provide clear, accurate photographs and comprehensive information about the articles to be appraised, including its authenticity, condition, provenance, and previous sales history.
5.6 The Client acknowledges that the Estimate of Value reflects the Company’s opinion, which can vary. Various factors, such as market conditions, incomplete information, or the preliminary nature of the review, may cause the opinion on value to change over time.
6. THE COST OF THE ESTIMATE OF VALUE
6.1 Fees are based on an hourly rate and are communicated by The Company to the Client prior to any contractual agreement.
6.2 The Company reserves the right to adjust fees.
7. LIMITATION OF THE COMPANY’S LIABILITY
7.1 The Company is not liable for any deficiencies in the appraised value resulting from:
(a) market fluctuations, incomplete information, or shifts in relevant scholarship;
(b) external circumstances related to the object, such as provenance or market availability of similar items;
(c) lack of accurate information provided by the Client or their associates;
(d) factors that cannot be identified from the submitted photographs or information alone.
7.2 The Company’s liability is not excluded or limited in cases of death, personal injury, fraud, misrepresentation of fundamental matters, or where the law does not permit exclusion or limita-tion.
8. TERMINATION OF THE AGREEMENT
8.1 If the Company fails to fulfill the terms of clause 3.1, the Agreement will terminate immediately. The Client will receive a refund, minus any processing fees, and must destroy the appraisal.
8.2 If the Client breaches clause 4.3 or any other conditions, or uses the Appraisal for illegal purposes:
(a) the Agreement will terminate immediately;
(b) the Client will not receive a refund;
(c) the license to the Appraisal will be revoked, and the Client must destroy it;
(d) the Client must reimburse the Company for any resulting liabilities or costs.
8.3 Following termination, the Company will have no further obligations to the Client.
9. RIGHTS OF THIRD PARTIES
9.1 Only the parties to this Agreement may enforce its terms.
10. SEVERANCE
10.1 If any part of the Agreement is found unenforceable, the remainder will still apply.
11. GOVERNING LAW AND JURISDICTION
11.1 The contractual relationship between the parties is subject to Swiss law to the exclusion of the Vienna Sales Convention. The sole place of performance and jurisdiction for any legal dispute arising from or in relation to the mandate and/or contract between the parties is Zurich. The Company may reserve the court of jurisdiction at the mandator’s residency or place of business.
If you have any questions about our services, please email us to art@renelahnfineart.swiss
Zurich, May 2022 (updated January 2025).
