This document establishes the Conditions by means of which Galería Bernardini y Casa de Subastas, S.A. de C.V., represented by Diego Roberto Bernardini Borja (hereinafter, the SELLER), carries out the purchase and sale process with the User (either the one specified in a quote requested directly from a seller of the Gallery or that of the quote that comes from an auction) (hereinafter, the BUYER), who is obliged to fully identify himself by means of valid official identification; thus, both the SELLER and the BUYER will be referred to as the PARTIES, who are subject to the following conditions:
The ownership of the painting specified in the quotation on the reverse of these conditions (hereinafter and indistinctly, the object of the sale) will be delivered provided that 70% (seventy percent) of the price object of the sale has been settled.
In the event that the painting or object of the sale has been delivered under the assumption of the previous paragraph, the SELLER reserves the right to deliver the certificate or proof of authenticity until the BUYER settles the percentage owed; likewise, the BUYER undertakes to settle the total purchase price within a period of no more than 3 (three) months. In case of not complying with the above condition, the BUYER will be responsible for the payment of default interest on unpaid balances on a monthly basis at the rate of 6%.
The BUYER undertakes to collect the object of the sale or, where appropriate, to provide the SELLER with the necessary information for its shipment within a period of no more than 20 (twenty) business days after the date on which this document is signed.
In the event that the BUYER does not act in accordance with the previous paragraph, the PARTIES agree that the SELLER will charge a fee to the BUYER for operating and storage expenses of the work object of the sale, which will consist of $100 pesos (ONE HUNDRED PESOS 00/100 MN) per month, or its percentage for the days stored.
The object of the sale is delivered in the condition in which it is, so we recommend that you contact the customer service staff to clarify any doubts before bidding for any lot or work of art, in order to fully verify that the lot to be auctioned meets the conditions and characteristics of your interest.
The PARTIES are subject to the price shown on the back of this document.
The BUYER hereby undertakes to pay the price agreed with the SELLER through cash payment, and/or deposit or transfer to the following bank account:
Bank: Banorte
Account: 0582942981
Clabe: 072 580 00582942981 0
Beneficiary: Diego Roberto Bernardini Borja
The BUYER shall be liable for all LOSSES arising from any damage or destruction to the object of the sale, whether partial or not, due to the fault or negligence of the BUYER, its officers, agents, employees, subordinates or visitors, without prejudice to any other right or remedy provided by law in favor of the SELLER.
In addition, the damage or destruction may be repaired by the SELLER at the exclusive expense and expense of the BUYER, with prior written agreement of wills.
The PARTIES agree that the object of the sale will be used by the BUYER for any purpose that he disposes, with the understanding that the SELLER may not vary such use. However, the BUYER must abide by the provisions of Article 85 of the Federal Copyright Law, i.e., the BUYER may not use the work to harm the honor or professional reputation of the artist; likewise, the BUYER undertakes to use the work in such a way that it does not harm the honor or professional reputation of the SELLER, and in case of contravention of the above, the BUYER is responsible for the damages caused to the SELLER.
The conservation of the object of the sale, as well as its adaptation, adaptation and/or framing, will be the exclusive account and responsibility of the BUYER, for which the BUYER is obliged at all times to remove and keep the SELLER safe and secure from any claim, demand, complaint or any other procedure that may be initiated against the SELLER for any cause related to the aforementioned means of conservation. adequacy and/or framing.
The PARTIES acknowledge that the author of the work or the object of the sale reserves all his economic and moral rights over it. Similarly, the author of the work or object of the sale does not grant any of the PARTIES the right to reproduce the object of the sale.
The PARTIES agree that once this document has been signed, there will be no return or exchange of the work, much less a refund of the agreed price, so the BUYER hereby assures and is fully sure that the object of the sale is authentic and does not present damages, so he agrees to abide by this document regardless of the exogenous circumstances that may surround the object of the sale, such as a preconceived idea of the space where it will be exhibited, the light that will surround it, the taste of the public that observes it, etc.
Any taxes and/or duties incurred hereunder shall be borne by the party to whom they apply in accordance with applicable laws. The PARTIES hereto shall cooperate with each other to operate under efficient tax structures, as permitted by applicable law. In this regard, such mutual cooperation shall not result in additional costs for any of the PARTIES.
The SELLER will charge the BUYER a maximum percentage of 9.9% (nine point nine percent) on the final price in which the work is awarded and paid, the above for the concept of "HAMMER", management, operation and administration of the auction.
The costs derived from shipping, packaging, VAT, and any other that is generated by the purchase or award of the auctioned works, will be borne by the buyers. Payments made in foreign currency will be converted into Mexican pesos based on the day of compliance; Likewise, works provided by artists that have a price in foreign currency will be paid at the exchange rate of the day on which the payment is made.
The SELLER undertakes to deliver a certificate of authenticity issued by the author of the object of the sale or, where appropriate, a certificate of authenticity, in which the SELLER declares that the work is authentic. In either of the two cases above, the document will be delivered once the BUYER has settled the full value of the work with the SELLER.
The total or partial payment of both the value of the object of the sale or the price reflected in the quote on the back of this document is full proof of the consent of the BUYER to the acceptance of this legal instrument.
The BUYER agrees to submit to the laws and courts of Mexico City to settle any dispute with the Gallery arising from these Conditions, waiving any other jurisdiction that, due to their present or future addresses, or for any other reason, may correspond to them.
Neither party shall reproduce, disseminate or otherwise disclose the contents hereof or any other information provided as part of a party's obligations hereunder to the other party or to any third party without the prior written consent of the other party, which consent shall be given at the discretion of the relevant party, except for those documents required by governmental authorities or that are necessary for accounting, auditing and/or appropriate legal advice or for financing purposes. This obligation shall prevail for at least 5 years following the date of subscription hereof, even if it has been terminated for any reason, otherwise, both the SELLER and the BUYER will be liable for damages caused by the lack of confidentiality.
The PARTIES declare that this does not include false statements, bad faith, fraud, injury, error or other defects that may affect its validity or execution. By virtue of the above, they waive any action derived from the defects of consent.
**This is a translation of the original written in Spanish, any problem arising from the translation or interpretation of it will cause the interpretation to prevail in accordance with its wording in the original language (Spanish)