Conditions of Sale
1. Except for the selling of property of his own, the auctioneer
acts as agent for the seller. Unless otherwise agreed, sales
of goods result in contracts made between the seller,
through the auctioneer, and the buyer. Lots are sold in the
ordering of the catalogue. Each lot is numbered. Name and
address of buyer, the seller respectively, can be obtained
after the sale.
2. The auctioneer has the right to withdraw or divide any lot.
He may persons from the salesroom or refuse any bids and,
in the case of error or dispute, put an item up for bidding
again.
3. All lots are available for personal inspection prior to the
sale. Dates and times are indicated in the catalogue. Prospective
buyers are strongly advised to examine personally
any goods in which they are interested. Catalogue descriptions
are merely statement of opinion. The items are described
to the best of our knowledge, sometimes with the consultation
of relevant literature. The depiction does not
represent statements of definitive fact in accordance with
§§ 443 BGB (German Civil Code). So the auctioneer is not
liable for defects of items. Claims of any kind and legal argument
cannot be considered after the item has been knocked
down. Unless stated in the description, items are not
tested for functioning. Transformers and switchgear do not
meet with modern electricity standards. They are sold as
collector's items. The auctioneer cannot be held responsible
for the technical safety of the goods.
4. As long as the consigner and the (successful) bidder do not
make contrary statements they insure that they acquire the
catalogue and the items offered in that, affecting the time
from 1933 to 1945, that comes under §§ 86, 86a StGB, only
for certain purposes, that 3 StGB. Which are: Civic information
/ education, Protection from unconstitutional and anticonstitutional
attempts, Scientific and art-historical research,
Information and report on development of events of
the day or military-historical / regimental science. The
consigner / the auctioneer offers the items only under those
premises. By making a bid the bidder obligates himself to
purchase the items only for the reasons mentioned above. In
additions to that he commits not to use them in a propagandistic
matter, especially for those brought up in § 86a StGB.
5. Oral or written bids must be made in Euro. Bids in writing
must be submitted one day before the auction at least. Bids
are advanced not less than at 10% increments. The auctioneer
has absolute discretion to alter the way he increases
the bids. The catalogue price is the reserve price. Bids below
that reserve price can not be considered. Lots without
reserve price (O.L.) are knocked down to the highest written
or oral bid. After the payment and the transfer of the ownership
the s torage is carried out at the expenses and risks of
the purchaser.
6. The third striking of the auctioneer's hammer marks the acceptance
of the highest bid and the conclusion of a contract
for sale between the buyer and the seller represented by the
auctioneer. Objections must be made immediately, and if so,
the item is again put up for bidding. In case several bids are
made to the same amount, the auctioneer will decide by lot.
7. Purchase of a lot means the obligation to collect it. Thus the
goods will be at the buyer's risk immediately. It is for the
buyer to cover the risk of loss, theft, damage or destruction
of his purchase.
8. Items sold will be retained until all amounts due to the auctioneer
have been paid in full. Storage will be arranged at
the buyer's risk and expense. Online bidder cards may be charged 4 days after an invoice has been sent.
9. Buyers present at the auction will have to pay cash the
purchase price, i.e. the hammer price plus buyer's premium
plut VAT on buyer's premium, on the day of the auction to
the auctioneer or any authorized person. Absent bidders
will receive invoice comprising the hammer price plus
buyer's p remium and VAT, p ayable within the p eriod indicated
on the invoice. Shipment of items will be effected at
buyer's expense upon receipt of credit note from the
buyer's bank. Forwarding expenses, i. e. postage and handling
are calculated on the invoice total and the destination.
Within Germany, they are EUR 10,-, EUR 15,-,EUR 20,-, EUR
25,- and EUR 30,- for total amounts of up to EUR 500,-, EUR
2.500, EUR 5 .000,-, EUR 10.000 and EUR 1 5.000,-. Th e corresponding
rates are EUR 20,-, EUR 30,-, EUR 40,-, EUR 45,- and
EUR 50,- for European countries and EUR 50,-, EUR 60,-, EUR
70,-, EUR 80,- and EUR 90,- for overseas. Th ese r ates of our
partner carriers are valid for one parcel only. For our foreign
customers each additional parcel will be invoiced separately.
Our German customers will receive it as unstamped
parcel. Extra insurance is at buyer's expense. The above
rates are not valid for bulky goods for which the buyer will
have to pay the actual costs.
9. All the positions marked with a *are meant to be picked up,
if not stated differently. There is an additional charge of 30
EUR for all objects , that have to be send as bulk goods.
Fragile goods ought to be picked up in general, but if you
still request a shipping we charge 50 EUR per hour for our
effort and packaging. The purchaser is responsible to assign
a shipper. The auction house will not be liable for possible
damages of any kind during shipping.
10. The buyer's premium of 17% of the hammer price plus 19%
VAT on the premium brings the auctioneer's commission to
a total of 20,23%. There is an additional fee of 1 Euro per
lot for bids in writing. The amount for VAT on commission
and extra costs will appear separately on the invoice. Invoices
issued during the auction sale can be subject to error
and need immediate checking by the buyer.
11. Complaints about obvious defects must be made to the auctiothe
sale. They will be transmitted to the seller.
12. If the buyer fails to meet the term of payment, the auctioneeris
entitled to exercise the following rights or remedies:
- to charge interest at a rate of 1,5% per month on the full
amount due to the extent the purchase remains unpaid.
- to arrange storage at a rate of 15 Euro per month at the
buyer's expense. The buyer is at liberty to prove that those
costs have not arisen or are less than claimed.
- to cancel all rights of the buyer deriving from the purchase
of the lot.
- to rearrange a r esale of the lot, and if this results in a l ower
price being ob- tained, claim the balance from the
buyer together with any costs incurred in connection with
the buyer's failure to make payment.
- to claim overall damages at a rate of 25% of the hammer
price due to the loss of commission.
- to reserve the right to claim the payment of higher expenses.
The buyer is a liberty to prove that the actual costs
are lower than claimed by the auctioneer.
13. The auctioneer is entitled to issue proceedings on behalf of
the seller against the buyer to recover the full amount due
together with the costs of such proceedings.
14. Claims for damages against the auctioneer due to delay,
absence of results through inactivity, definite breach of
contract, false contracting, unauthorized action and compensation
for damage caused by sold lot will not be awarded
unless c aused deliberately or through gross negligence.
The auctioneer is not liable for paint damage caused by
stickers.
15. Due to a steadily increasing number of written bids, mistakes
might occur in the processing and copying of data.
This might eventually lead to the rare fact that a lot is not
knokked down to the highest bid. As the auction house cannot
be held responsible for that, it therefore refuses to pay
any kind of compensation.
16. The above provisions are also valid for the free sale following
the auction.
17. Every visitor will be held responsible for any damage he
causes. Our sales take place on our own premise over which
we have control. The auctioneer may exclude p ersons from
the premises or attendance at an auction without giving
reasons.
18. The copyright in all images, illustrations and written material
relating to a lot is owned exclusively by the auctioneer
and the seller at the time of publication of the catalogue.
All alienable and inheritable rights of exploitation and utilization
as well. These rights shall not be used by the buyer
or any other person.
19. In spite of the usage of latest technologies photos possibly
maintain color deviation. Unfortunately we can not guarantee
accuracy of color reproduction. Thus we strongly
advise to examine personally any goods in which you are
interested. Complaints due to color deviation are not accepted.
20. The credit card of the buyer might be charged due to delayed payment.
21. Persons taking part in the auction sale accept the above
terms upon making an oral or written bid.
22. Both sides agree to submit the exclusive jurisdiction of the
court in Worms, Germany.
23. If any of the clauses of the present conditions of business
is found partly or totally invalid, the remaining clauses
shall remain unaffected and continue to be fully valid.
24. In case of doubt, the German version of these conditions of
business is the relevant and binding text. If the number of
a lot accidentally defers in its picture and text, the number
of the text always has to be considered as correct.
Shipping Terms
Absent bidders will receive invoice comprising the hammer price plus
buyer's p remium and VAT, payable within the period indicated
on the invoice. Shipment of items will be effected at
buyer's expense upon receipt of credit note from the
buyer's bank. Forwarding expenses, i. e. postage and handling
are calculated on the invoice total and the destination.
Within Germany, they are EUR 15,-, EUR 20,-, EUR 25,-, EUR
30,- and EUR 35,- for total amounts of up to EUR 800,-, EUR
2.500, EUR 5 .000,-, EUR 10.000 and EUR 15.000,-. The corresponding
rates are EUR 20,-, EUR 35,-, EUR 40,-, EUR 50,- and
EUR 60,- for European countries and EUR 60,-, EUR 75,-, EUR
90,-, EUR 100,- and EUR 150,- for overseas. These rates of our
partner carriers are valid for one parcel only. Each additional parcel will be invoiced separately. Extra insurance is at buyer's expense. The above
rates are NOT VALID FOR BULKY GOODS (parcel of more than 120 cm) for which the buyer will have to pick up or organize a transport and pay the full costs.
