Terms and Conditions – Art Brokerage & Advisory Services
1. General
Any service offered and provided by René Lahn Fine Art AG (such as, but not exclusively, assessments, mediations, acquisitions, and sales) are invariably bound to the present General Conditions of Business (further called GCB) of the René Lahn Fine Art AG (the “Company”). Any contracting party (the “Client”) is definitely and without being solicited to do so, compelled to follow these strictly.
2. Services and Principles
The Company is contractually (in verbal form or in writing) mandated to act on behalf of the Client. The Company generally assumes the responsibility for her mandates, unless otherwise explicitly agreed upon, in an exclusive way.
The Company is committed to personally provide the agreed services. The Company may also where necessary – upon prior agreement and while respecting confidentiality – consult third parties.
As a mediator for works of art, cultural goods, or objects the Company is not obliged to disclose the seller’s or buyer’s identity. The conditions of acquisition and sale are strictly confidential. Placed and/or sold works of art, cultural goods, or objects are consigned to the Company’s care and remain the property of the legal owner until full payment has been received.
The Company services are invoiced – as per prior concluded verbal or written agreement or approved offer – on a case-by-case basis either at a fixed price or based on the actual time and effort provided (hourly rate), excl. VAT..
In case the assignment is being cancelled by the Client, any work and effort performed so far by the Company will full-fledgedly be invoiced to the Client. In case of a prior agreed fixed price, only the effectively performed hours will be billed. In case the Client violates the exclusivity clause or the work or object is being – against the arrangement – sold to or offered for sale through a third party, the Company retains the right to stipulate in addition to any work and effort performed so far (as stated above) a commission of 5% of the sales price. Expenses will be treated separately and will be charged based on receipts.
Payments are to be made to the account of the Company. Payments in cash are generally not accepted. The Swiss Anti-Money Laundering Act applies.
3. Data Protection
The Company guarantees to respect the privacy of all involved individuals and institutions, and to treat all personal data as strictly confidential. Clients’ data is kept and used for internal use only. Data is not being forwarded to third parties, unless there is a lawful obligation to do so, or unless the third party is an essential partner needed to complete the agreed service (such as, but not exclusively, shipping companies, restorers, agents, etc.). However, this will merely be done upon prior agreement by the Client verbally or in writing. These partners are bound by the same confidentiality rules as the Company.
All parties are strictly and unlimitedly bound by these privacy rules, even after all services are completed.
The Company will not bear responsibility or assume liability for any leaks or indiscretions carried out by any third party.
4. Liabilities
The Company will only assume liability for damages that are due to unlawful intent or gross negligence on her part.
The Company acts as a broker between a seller and a buyer and is not liable for any deficiencies or damage for which the Company is not responsible. Any artwork, cultural good or object entrusted in the Company’s care is being insured based on its estimated value and volume at the expense of the client. The same applies for transit risk and shipping insurance. Insurance value and the condition of the work will be previously agreed upon by mutual consent. The Company reserves the right to refuse the custody of any artwork or cultural object.
If the client assumes insurance, he needs to provide Company with an official confirmation from the insurance company. In this case, and as an amendment to the general conditions of business, the Company’s liability will not exceed the insurance cover as fixed by the Client.
The presentation of any artwork, cultural good or object, that are to be placed, in emails, files, lists or fact sheets produced by the Company will be compiled with the utmost possible care and to the best of our knowledge and belief. However, the Company will not assume any liability for its content or the quality of the images.
Any artwork, cultural good or object acquired through the Company is being acquired „as is“, which means that it is the buyer’s responsibility to obtain a comprehensive view of its condition. Possible assistance of external experts, after prior consent of the potential buyer, will be charged to the Client.
When a work of art, cultural good or object is being delivered or handed over personally by the Company, it is the Client’s responsibility to assess its condition.
The Company waives all liability regardless of the legal reason. The Company waives in particular any liability for indirect, collateral or consequential damage, for any potential or real missed profit, or for any third-party claim made against the Client in relation with the services provided by the Company.
In any case, the Company’s liability is limited and will not exceed the amount paid by the Client to the Company in the context of the concerned contractual relationship.
5. Addendum
Any further agreement that may deviate from the present GCBs need to be fixed in writing to gain rightful effectiveness. In case a clause of the present GCBs is invalidated, this will not affect the effectiveness of any other clause.
6. Place of Jurisdiction
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 Client’s residency or place of business.
Zurich, April 2022
