Conditions of Sale
§ 1. Kopenhagen Fur hereafter called the "Company" - conducts as
auctioneer at Kopenhagen Fur, sales of skins originating from
various individuals and legal corporate entities. Sales are
transacted in Danish crowns. Payment shall be made in such currency
in which the Company has agreed to invoice.
§ 2. Any individual bidding at the auction hereby in every respect
acknowledges the acceptance of the present conditions of sale. In
the event that the individual bids on behalf of another individual
or legal corporate entity, he/she accepts that the individual/legal
corporate entity on behalf of whom the bid has been made, accepts
these conditions of sale in every respect.
§ 3. The skins and lots, respectively, are sold as in their actual
condition at the fall of the hammer. All information in the issued
catalogue and all samples supplied as showbundles are provided
without liability and intended to serve only as a guide in
connection with the inspection of the skins, which the purchaser is
advised to undertake prior to the auction. No warranties
whatsoever, expressed or implied - are made concerning the
composition of the lots, or the quality, condition or suitability
of the skins or otherwise. Purchased lots must be accepted by the
purchaser AS IS at the fall of the hammer, regardless of any faults
or defects, which entails that the purchaser renounces his right to
claim for any kind of defects.
§ 4. Every purchaser shall, upon request, prior to, during or after
the auction, in a manner specified by the Company, pay such
deposits or increases of deposits as shall be required by the
§ 5. The skins are offered and sold in lots. Bids apply to the
single skin, the purchase price for the lot being the bid
multiplied by the number of skins in the lot. The Company may
determine the minimum amount by which bids must be raised. The lot
falls to the highest bidder. Should two or more persons make the
highest bid or should a dispute arise concerning the bid, the
auctioneer will invite further bids. If this does not lead to a
definitive solution, the auctioneer is authorized to decide
conclusively who is to be deemed the highest bidder.
The Company reserves the right to alter the order of lots to be bid
on, to bid by itself and to withdraw lots before or during the
auction. The Company may refuse to accept a bid from any purchaser
and shall be under no obligation to indicate the reason for its
Any individual whose bid is accepted by the fall of the hammer is
personally liable for payment of the skins thus purchased and has
personal and joint liability for payment of the purchase price with
the individual or legal corporate entity (identified by buyer's
number) - the purchaser - on behalf of whom the bid has been
On the fall of the hammer the skins are held for the account of the
purchaser and at his risk, but will not be delivered to the
purchaser until the purchaser has fulfilled all his payment
obligations. The Company shall not be liable for any loss of or
damage to the skins while thus held except as provided for in § 14
§ 6. Notification by a purchaser that an error has been made in
bidding shall be made on the spot and at the latest before the 20
following catalogue numbers have been offered for sale. All later
claims are not legally binding.
§ 7. The purchaser shall pay the purchase price plus auction fee.
The purchaser is also to pay such interest and costs which may
accrue on purchased skins subsequent to the fall of the
The skins are sold ex warehouse. Thus any charges relating to
delivery i.e. export licenses, customs clearance, commissions and
the like due on the purchase shall be paid by the purchaser.
Handling, packing, packing control and any other expenses in
connection with the delivery shall also be paid by the
§ 8. The due date (prompt day) for payment of the purchase price
shall be the 21st day after the last day of the auction and all
liabilities of the purchaser shall be fulfilled as of the close of
business on due date.
§ 9. If the purchaser wishes to transfer the skins to a third
party, the purchaser shall notify the Company accordingly and the
Company shall determine whether to consent to the transfer. The
transferee thereby assumes all rights and liabilities of the
purchaser in accordance with the purchase, all in conformity with
these sales conditions and other conditions agreed upon between the
Company and the purchaser.
The purchaser shall remain liable for all these obligations until
the skins in question have been paid in full and shall be obliged
at the Company´s request, to fulfil such liabilities without prior
notification as to any failure of performance on the part of the
transferee or other factors relevant to the purchase of the skins
in question. However, the purchaser is not liable if a 25% deposit
has been paid before due date (prompt day), or if the Company has
not informed the purchaser within four weeks following the due date
(prompt day) of the transferee's failure to meet his obligations.
The Company undertakes that it will not grant any extra time or
other concession to the transferee without informing the
The skins purchased may neither during the sale nor later be
transferred from one buyer's number to another's.
§ 10. If the purchaser's liabilities are not fulfilled when payment
is due, the purchaser shall be obliged to pay interest from due
date (prompt day) at a rate which will be published prior to each
auction. The rate may be changed at 21 days' notice to the
Receipt of interest shall not imply that the Company has waived any
of its conditions stated in § 11 and § 12.
§ 11. The Company shall have all property rights to the skins sold
until all liabilities of the purchaser have been fulfilled.
In the event of a purchaser failing to fulfil his liabilities
towards the Company when payment is due or in the event of a
purchaser becoming insolvent or bankrupt or suspending payment or
committing any act of insolvency or bankruptcy, then in any such
event any deposit made or any payment made on account shall be
forfeited. The Company shall be entitled to rescind the purchase
and resell the skins without further notice and retain the proceeds
thereof. The purchaser shall reimburse the Company any loss on such
resale together with other expenses including interest.
§ 12. As security for all claims on the purchaser, the Company
shall be entitled to retain and dispose of all the purchaser's
skins over which the Company or its agents have control. The
Company shall at all times have a lien upon all such skins for all
indebtedness of the purchaser to the Company regardless of whether
such debts concern the purchase price or have some other basis. The
Company is fully authorized to dispose of said skins as decribed in
§ 13. Delivery of skins purchased is made from the Companys'
warehouse (the place of delivery) where the skins shall be
distributed in proper rotation as and from the day subsequent to
the auction upon fulfilment of the purchaser's obligations.
If the Company is prevented from carrying out such delivery by
reason of strike, disturbances, intervention by a public authority
or other incident beyond the reasonable control of the Company, the
purchaser shall not be entitled to rescind the purchase nor to
claim compensation and the purchaser shall fulfil his obligations
as soon as the hindrance to delivery has ceased.
§ 14. Skins still in the Company's warehouse shall be covered by
insurance against fire and burglary at the Company's expense, but
the Company assumes no other responsibility than to compensate the
purchaser - contingent upon the purchaser's fulfilment of his
liabilities - with the amount of money that is paid by the
§ 15. These conditions of sale are binding. The conditions can only
be deviated from if the Company - in each particular case - accepts
such deviation in writing.
§ 16. Any dispute that may arise between the Company and the
purchaser or the third party to whom the purchaser may have
transferred his rights and liabilities or any other party liable
for the purchase price shall be determined in accordance with
Danish law . The case shall be tried by the Maritime &
Commercial Court in Copenhagen (Sø- og Handelsretten) unless the
Company prefers to permit the case to be tried by any other court
or competent jurisdiction.
The Company is entitled to claim legal expenses (including court
fees and reasonable attorney's fee) incurred in such
§ 17. All the rights established in these conditions of sale shall
remain fully valid and applicable regardless of the Company's
failure to exercise one or several of them.
§ 18. These conditions of sale enter into force as of October 1,
2004, until further notice.