AM43 | AM43
Terms & Conditions
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 change the sequence of the items to be sold, exclude persons from the salesroom or refu-se 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 exa-mine personally any goods in which they are interested. Catalogue descripti-ons are merely statement of opinion. The items are described to the best of our knowledge, sometimes with the consultation of relevant literature. The charge represents a subjective estimation.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. Steiff toy animals are sold without but-tons, labels or flags unless special reference is made. The purchase of goods sold in one lot cannot be cancelled. When mixed lots that contain more then 10 pieces are described the quantity is stated in ca. The condition will be only checked (reviewed) by random.
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 are described in detail in § 86, clause 3 StGB. Which are: Civic information / education, Protection from unconstitutio-nal and anti-constitutional attempts, Scientific and art-historical research, In-formation and report on development of events of the day or military-histori-
cal / 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 increa-ses the bids. The catalogue price is the reserve price. Bids below reserve pri-ce are not considered. Lots without reserve price (O.L.) are knocked down to tthe highest written, oral or telephone bid.
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 immediate-ly, and if so, the item is again put up for bidding. In case several bids are ma-de to the same amount, the auctioneer will decide by lot. Shipping happens by DHL - packages at customers risk.
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.
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 premium 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 knocking down 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 15.000,-. The 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. These rates of our partner carriers are valid for one parcel only. For our foreign customers each additional parcel will be invoiced separately. Our Ger-man customers will receive it as unstamped parcel. Extra insurance is at buy-er's expense. The above rates are not valid for bulky goods for which the buyer will have to pay the actual costs.
10. The buyer's premium of 19% of the hammer price plus 19% VAT on the pre-mium brings the auctioneer's commission to a total of 22,61%. There is an ad-ditional fee of 1 Euro per lot for bids in writing. The amount for VAT on com-mission 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 auctioneer imme- diately but not later than two weeks after the sale. They will be transmitted to the seller.
12. If the buyer fails to meet the term of payment, the auctioneer is entitled to ex-ercise 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 resale of the lot, and if this results in a lower price being obtained, 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 pro-ceedings.
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 caused 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 knocked down to the highest bid. As the auction house cannot
be held responsible for that, it therefore refuses to pay any kind of compensa-tion.
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 ta-ke place on our own premise over which we have control. The auctioneer may exclude persons 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. The buyer must at no time, even after the auction, use the pictures and texts from
the electronic media and the catalogue. Each violation of this agreement justi-fies claims of damage against the buyer without the prerequisite of proof.
19. In spite of the usage of latest technologies photos possibly maintain color devi-ation. Unfortunately we can not guarantee accuracy of color reproduction. Thus we strongly advise to examine personally any goods in which you are in-terested. Complaints due to color deviation are not accepted.
20. Persons taking part in the auction sale accept the above terms upon making an oral or written bid.
21. Both sides agree to submit the exclusive jurisdiction of the court in Worms, Germany.
22. 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.
23. In case of doubt, the German version of these conditions of business is the relevant and binding text.
24. All prices are expressed in EURO.