1.
| The auctioneer acts in his own name fort the account of his client, who remains anonymous. | ||||||||||||||||||||
2. | During the auction, the auctioneer reserves the right to combine or separate the lot numbers of the catalogue, to offer these out of sequence or to withdraw them. | ||||||||||||||||||||
3. | The items to be auctioned can be viewed prior to the auction. The catalogue descriptions are given to the best of our knowledge and belief and are no guaranties according to the Sale of Goods Act. The auction house accepts no liability for defects, insofar as it has complied with its duty of care. Apart from collections, the auction house does however engage to claim warranty rights from the supplier for justified claims, which must be notified to the auction house at the latest within one week of receipt of the item, within the 1 year period of limitation. In the event of a succesful claim against the supplier, the paid purchase price, including the buyer´s premium, will be refunded. Any additional claim, including compensation for the costs of the claim, such as postage, inspection fees etc., is excluded. | ||||||||||||||||||||
4. | Knockdown takes place to the highest bidder. In justified cases, the auctioneer can refuse to knockdown or to award it subject to a proviso. The auctioneer can withdraw the knockdown and offer the item again, where a bid that was made in time was overlooked or where the highest bidder does not wish his bid to stand, or where other doubts arise as to the knockdown. Bids such as „best" also rise by up to five times the proclaimed price. The degrees of comparison whitout obligation are
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5. | Upon knockdown being given, the risk for loss or damage beyond the control of the auctioneer, passes to the purchaser. Ownership of the purchased item only passes to the purchaser when complete payment has been made to the auction house. | ||||||||||||||||||||
6. | The obligation to accept arises with the knockdown. The items are to be received immediately after the auction. If the purchaser requires shipment, this shall take place at his expense and risk. | ||||||||||||||||||||
7. | A buyer´s premium of 18 % is charged on the knockdown price, as well as EUR 2,- Euro per lot. The costs for shipment and insurance will be clearly invoiced. The invoiced sum is subject to 7 % Value Added Tax; this tax does not apply for dealers within the EUROPEAN UNION (EU) upon submission of their VAT Registration Number, nor does it apply for deliveries in other countries outside the EU. | ||||||||||||||||||||
8. | The invoiced amount becomes due with the knockdown and is payable in cash or by means of a bank certified cheque. Payments by external purchasers, who have bid in writing or by phone, become due within one week of the date of invoice. Where the purchase is made for a third party, the bidder shall be liable together with the third party as a joint and several debtor. | ||||||||||||||||||||
9. | In the event of a payment delay, 1,25 % for each starting monrth will be charged as damages for the delay. In addition, the auction house can demand, as it sees fit, fulfilment or, after setting a deadline, compensation for non-fulfilment. The compensation can also be calculated in such a way that the item is auctioned again in a further auction and the defaulting purchaser being liable for any reduced proceeds compared with the previous auction and the special costs for repeat auctioning, including the fees of the auctioneer. | ||||||||||||||||||||
10. | The place of fulfilment and jurisdiction for transactions between merchants is Bünde. German law applies, the regulations of the United Nations Sale of Goods Act do not apply. | ||||||||||||||||||||
11. | The afore-mentioned conditions do also apply to any lot sale after the date of auction. The regulations of mail order sale do neither apply to the auction sale nor any sale after the date of auction. If one of the above mentioned conditions shall be wholly or partly void, this shall not affect the validity of the remaining conditions. In case of any discrepancies between the German and the English language version of these General Auction Conditions as well as any lot description the German language version is relevant. |
The german text is to be taken as authoritative!