Publisher & responsible for the content of this website:
OSME Fine Art
OMS Consulting GmbH
Tiefer Graben 19
1010 Vienna
Austria
Contact:
Phone: +436602722366
Email: art@osme.at
Website: www.osme.at
Legal Form:
GmbH / Limited Company
Company Register Number:
FN 535872y
Commercial Court of Registration:
Handelsgericht Wien
Registered Office:
Vienna, Austria
VAT Identification Number/UID number:
ATU75896078
Supervisory Authority (Trade Licence Authority):
Magistratisches Bezirksamt für den 1. und 8. Bezirk, Vienna
Chamber Affiliation:
Wirtschaftskammer Wien (Vienna Chamber of Commerce) – Landesgremium Wien des Kunst-, Antiquitäten- und Briefmarkenhandels
Managing Director:
Othmar Schimek
Legal representation Austria:
Schönherr Rechtsanwälte GmbH
Schottenring 19
1010 Vienna, Austria
Disclaimer
The content of this website has been created with the greatest possible care. However, OSME Fine Art does not guarantee the accuracy, completeness, or timeliness of the information provided.
This website contains links to external third-party websites. We have no influence on the content of those sites and therefore cannot assume any liability for them. The responsibility for the content of linked websites lies solely with their operators.
Copyright
Images and other visual material published on this website are either owned by OMS Consulting GmbH or used with the permission, licence or other authorisation of the respective rights holder. Copyright and other intellectual property rights remain with OMS Consulting GmbH or the respective rights holder, as applicable.
All texts, descriptions, graphics, logos, designs and other content published on this website are protected by applicable copyright and intellectual property laws. Unless otherwise indicated, the relevant rights are held by OMS Consulting GmbH or the respective rights holder.
No images, texts or other content from this website may be reproduced, copied, distributed, published, modified, made publicly available or otherwise used, in whole or in part, without the prior written permission of OMS Consulting GmbH and/or the respective rights holder, as applicable.
Any trademarks, logos and other protected designations appearing on this website remain the property of their respective rights holders. Their use on this website does not imply ownership by OMS Consulting GmbH.
PROFESSIONAL FEES & COMMISSIONS
Advisory & Professional Services
Collection Management
€200 per hour
General Art Advisory
€250 per hour
Art Market Research & Analysis
€250 per hour
Market Valuation / Market Value Opinion
€300 per hour
Specialist Art Advisory
€350 per hour
Executive / Principal Services
€450 per hour
Personal services performed by a Managing Director or Principal in connection with complex commercial, contractual, administrative or advisory matters, including document review, account reconciliation, negotiations, correspondence and coordination with external professional advisers.
Travel / On-Site Advisory
€2,000 per day (8 hours) + travel expenses
Transaction Services
Acquisition Advisory / Art Sourcing
Standard commission: 10% of the purchase price
Private Sale / Disposal
Standard commission: 15% of the sale price
Auction Purchase Advisory & Representation
Standard commission: 5% of the hammer price
Auction Consignment / Sale Advisory
Standard commission: 5% of the net sale proceeds
Reduced or individually structured fees may be agreed for higher-value transactions, ongoing mandates or transactions of particular scope or complexity.
Ongoing Advisory / Retainer
Ongoing advisory, art market monitoring, acquisition and disposal strategy, research and collection management services may be provided under a monthly or annual retainer arrangement.
Retainers from €2,500 per month
The scope of services, included advisory time and applicable transaction fees are agreed individually.
General Fee Conditions
All hourly rates, day rates and fixed euro amounts stated above are net amounts exclusive of VAT. Austrian VAT will be added where applicable at the statutory rate. Where Austrian VAT is not applicable or the reverse-charge mechanism applies, invoicing will be made in accordance with the applicable VAT rules.
Transaction commissions are calculated on the basis stated above. The applicable VAT treatment of commissions depends on the individual transaction and customer status.
Individually agreed fees, commissions, retainers or other written commercial terms take precedence over the standard fees stated above.
Third-party costs and expenses, including transport, insurance, storage, conservation, authentication, catalogue raisonné fees, external expert fees, travel and accommodation, are charged separately where applicable.
Unless otherwise agreed, services are billed according to actual time incurred.
OMS CONSULTING GMBH — TERMS AND CONDITIONS
1. Contracting Party, Scope and Acceptance
The sole contracting party is OMS Consulting GmbH, FN 535872y, Vienna, Austria (“OSME”). OSME Fine Art is a brand and trading name of OMS Consulting GmbH and not a separate legal entity.
These Terms apply, as applicable, to (i) the sale of artworks or other property (“Works”) by OSME and (ii) professional services provided by OSME, including art advisory, art market research and analysis, valuations and market value opinions, collection management, acquisition advisory and art sourcing, private sale and disposal services, auction advisory and representation, retainer services, on-site services and other professional or related services (“Services”).
These Terms form part of the relevant agreement between OSME and the purchaser or client (“Client”). Individually agreed written terms, including quotations, mandates, invoices, consignment agreements, commission agreements or other written agreements, take precedence over these Terms.
By instructing OSME, accepting an offer or mandate, accepting or using Services, making payment, or completing a purchase, the Client accepts these Terms.
2. Fees, Commissions, Price, Payment and Title
Fees and commissions for Services are charged at the rates published by OSME under “Professional Fees & Commissions” on its website, unless otherwise agreed in writing.
All published hourly rates, day rates, retainers, fixed fees and other monetary fees are net amounts exclusive of VAT. VAT will be added where applicable at the statutory rate. Where Austrian VAT is not applicable or the reverse-charge mechanism applies, invoicing shall be made in accordance with the applicable VAT rules.
Transaction-based commissions are calculated on the basis specified for the relevant Service or as otherwise agreed in writing. OSME may agree reduced, fixed, progressive or otherwise individually structured fees or commissions depending on the value, scope, duration or complexity of a mandate or transaction.
The Purchase Price of Works and all applicable fees, commissions, VAT, resale royalty, taxes, duties and agreed expenses are payable as stated on the applicable invoice or agreement. Unless otherwise agreed, time-based Services are charged according to actual time incurred.
Title to a Work sold by OSME remains with OSME until all amounts due in respect of the sale are received in cleared funds. OSME may withhold delivery and, where legally permissible, suspend Services or cancel a transaction or mandate for non-payment. Obvious clerical or calculation errors may be corrected.
3. Professional Services and Client Instructions
OSME shall provide Services with reasonable professional care and in accordance with established art-market practice.
Advisory services, valuations, market value opinions, market analyses, research, estimates, recommendations and other opinions reflect information reasonably available and market conditions at the relevant time and constitute professional opinions rather than guarantees of future value, marketability, authenticity, attribution, saleability or investment performance unless expressly warranted in writing.
The Client remains responsible for its ultimate acquisition, disposal, investment and other commercial decisions.
OSME may rely on information and documentation supplied by the Client, sellers, auction houses, artists, estates, foundations, galleries, experts, databases and other third parties unless there is reasonable cause to question such information.
The Client shall provide complete and accurate information and documentation reasonably required for performance of the Services.
4. Third-Party Costs and Expenses
Unless expressly included in an agreed fee, third-party costs and expenses are charged separately.
These may include transport, packing, insurance, storage, conservation, restoration, authentication, scientific or technical examination, catalogue raisonné fees, external expert fees, photography, installation, customs, duties, travel, accommodation and other expenses reasonably incurred in connection with a Work, transaction or Service.
Where appropriate, OSME may engage, recommend or coordinate third-party providers on behalf of or for the benefit of the Client. Where OSME assists in arranging such third-party services, it acts as a convenience and, to the extent legally permissible, is not responsible for independent providers selected with reasonable care.
5. Inspection and Condition of Works
Artworks are unique objects and may show age, wear, fading, craquelure, restoration, conservation, retouching, repairs and other characteristics consistent with their nature and history.
The Client has had reasonable opportunity before purchase to inspect the Work and/or obtain independent expert advice. To the fullest extent permitted by law, a Work is accepted in its condition at sale, including disclosed, known or reasonably apparent characteristics.
Condition reports are opinions and not exhaustive. Visible damage or discrepancies must be notified in writing without undue delay following receipt.
For B2B transactions, § 377 UGB applies where applicable.
6. Description and Information
Characteristics expressly stated as contractual on an invoice, offer or other agreement form part of the Agreement.
Other information concerning condition, provenance, literature, exhibition history, dating, attribution, technique or scholarly matters reflects information available and/or opinions reasonably held at the relevant time unless expressly warranted otherwise.
Photographs may differ from the physical Work in colour, tonality, texture or scale. Independent third-party statements, certificates, opinions or documents are not guaranteed unless expressly incorporated as a contractual warranty.
To the fullest extent permitted by law, statements not incorporated into the Agreement create no contractual obligation.
7. Authenticity and Attribution
Where relevant to a sale or Service, OSME undertakes reasonable due diligence concerning authenticity, authorship, attribution and provenance based on available information and established art-market practice.
The Client has the opportunity to obtain independent authentication or expert advice before purchase.
Any authenticity or attribution claim relating to a Work sold by OSME must be notified in writing without undue delay after becoming known, with supporting evidence and within applicable contractual or statutory periods.
OSME must be given reasonable opportunity to inspect the Work and obtain its own expert, technical or scientific examination.
Any claimant must establish that the Work presented is the identical Work concerned and has not been substituted, tampered with or materially altered in a manner relevant to the claim. Identifying marks and documentation must therefore be preserved.
A subsequent change in scholarship, catalogue raisonné status or expert opinion does not by itself establish breach.
In B2B sales by OSME, to the fullest extent permitted by law, the exclusive monetary remedy for an established authenticity or attribution claim is return of the identical Work and repayment of the Purchase Price actually paid. Liability for appreciation, lost resale profit, opportunity, financing costs and indirect or consequential loss is excluded.
Mandatory rights remain unaffected.
8. Collection, Shipping and Risk
A Work sold by OSME shall be released following full payment.
Unless agreed otherwise, packing, shipping, insurance, customs and related costs are borne by the Client.
Where OSME assists with third-party transport, storage, installation or other services, it acts as a convenience and, to the extent legally permissible, is not responsible for independent providers selected with reasonable care.
Subject to mandatory consumer law, risk in a Work sold by OSME passes upon collection or, where legally permissible, delivery to the Client’s nominated carrier.
Works not collected within 30 days after availability may incur reasonable storage and insurance costs.
Third-party collection requires written authority.
9. Export, Taxes and Intellectual Property
The Client is responsible for applicable import/export requirements, licences, duties, taxes and destination-country requirements unless otherwise agreed.
Where tax treatment depends on export or the status or location of the Client, legally sufficient information and evidence must be provided within the required period. Where proof of export is required in connection with a sale, such proof must be provided within three months unless a different statutory period applies. Otherwise resulting VAT, taxes and reasonable costs may be charged to the Client to the extent legally permissible.
Sale of a Work transfers ownership of the physical Work only and does not transfer copyright, reproduction rights or other intellectual-property rights.
10. Client, Agents and Authority
Any person acting for another person or entity warrants that he or she has authority to bind the Client and shall disclose the ultimate purchaser, principal and beneficial owner where requested or required.
Information concerning identity, authority, representation and beneficial ownership must be complete and accurate.
Where a Client acts through an adviser, agent, representative, company, trust or other structure, OSME may require reasonable evidence of the relevant authority, ownership and representation arrangements before proceeding with a transaction or Service.
11. KYC, AML and Compliance
First-time Clients shall provide identification, address, company, representative and beneficial-ownership information reasonably requested by OSME.
OSME may additionally require source-of-funds and/or source-of-wealth information and documentation for applicable anti-money-laundering, counter-terrorist-financing, sanctions, tax or other compliance purposes.
The Client warrants that information supplied is complete and accurate and that funds used in connection with a transaction derive from lawful sources.
OSME may perform identity, beneficial-owner, PEP and sanctions checks and may suspend or refuse a transaction, payment, Service or delivery pending satisfactory completion of compliance requirements.
Records may be retained or disclosed where legally required or permitted.
12. Liability and B2B
Nothing in these Terms excludes or limits liability which cannot legally be excluded or limited.
In B2B transactions and Services, to the fullest extent permitted by law, liability for ordinary negligence, indirect or consequential loss, lost profit, lost opportunity, investment return and market-value fluctuations is excluded.
Valuations, market value opinions, market analyses, estimates and recommendations do not constitute guarantees of achievable purchase or sale prices, future value, liquidity or market performance.
Applicable commercial inspection and notification duties apply.
Set-off of unrelated claims is excluded where legally permissible.
13. Consumers
Mandatory consumer rights which cannot lawfully be excluded or restricted remain unaffected, including applicable statutory warranty and withdrawal rights.
B2B-specific provisions of these Terms do not apply to consumers where inconsistent with mandatory consumer law.
Where mandatory consumer information, confirmation or withdrawal requirements apply to a particular transaction or Service, such requirements remain unaffected by these Terms.
14. General
The relevant invoice, offer, mandate, quotation, consignment agreement, commission agreement or other agreement, these Terms and expressly incorporated documents constitute the entire Agreement.
Individual written agreements prevail over these Terms to the extent of any inconsistency.
Amendments or waivers require written agreement by OSME.
OSME is not liable for delay or non-performance caused by circumstances reasonably beyond its control.
If any provision of these Terms is or becomes invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
The English version of these Terms prevails over any translation.
15. Governing Law and Jurisdiction
The Agreement and all contractual and non-contractual disputes arising from or in connection with sales or Services are governed by Austrian law, excluding conflict-of-law rules and, where legally permissible, the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For B2B transactions, the competent courts of Vienna, Austria have exclusive jurisdiction, irrespective of the Client’s domicile, registered office, place of delivery or location of a Work.
For consumers, Austrian law and Vienna jurisdiction apply to the fullest extent legally permissible without restricting mandatory consumer protections or jurisdiction rights.
16. Cybercrime and Payment Fraud
The Client acknowledges the risk of email compromise, impersonation, fraudulent invoices and fraudulent payment instructions.
Valid payment instructions are those stated on an invoice or other written payment instruction issued by OMS Consulting GmbH. OSME will not change its bank details by email alone.
Any purported change of bank details, foreign bank account or unusual payment instruction must be independently verified directly with OSME using previously verified contact details.
To the fullest extent permitted by law, OSME is not liable for fraudulent communications, impersonation, altered emails, fake invoices or payments to unauthorised accounts unless the loss is legally attributable to OSME and such liability cannot lawfully be excluded.
17. Alternative Dispute Resolution
OMS Consulting GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless participation is required by mandatory law.