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General auction, payment and delivery conditions for auctions

1. The auction takes place exclusively in the name, on behalf and for the account of the consignor or principal, whose name and address the buyer can obtain at any time from the auctioneer, Mr. Dipl. Bw. Stephan Heine - hereinafter referred to as AUCTION PARTNERS - via the lot number procedure.

2. AUCTION PARTNERS reserves the right to combine or separate catalogue numbers or to offer or withdraw items out of sequence for special reasons.

3. All items to be auctioned may be inspected and examined prior to the auction. The items are used. The description in the catalogue has been conscientiously carried out. . However, the catalogue information does not constitute any liability for defects in title or quality of the auctioned items pursuant to §§ 434, 459 ff BGB (German Civil Code).

Justified complaints must be submitted in writing within one week of receipt of the goods. Objects marked "unrestored", ".l.damaged" or "damaged" are excluded from complaint. Figures given for objects are always to be understood as "circa" figures, even if this is not expressly stated in the individual case.

4. The rate of increase is normally 5 Euro each time for a limit up to 100 Euro, from 100 - 500 Euro 10% to the next higher 100-.

All higher bids can then be placed in increments of 50 Euro.
In the case of "no limit bids" AUCTION PARTNERS will start with the highest written bid, possibly already submitted before the auction.
Underbids may be submitted up to 30% below the starting price stated in the auction catalogue. However, the acceptance of a sub-bid is always subject to the seller's
consent to the sub-bid.
The lot is knocked down if no higher bid is made after the highest bid has been called three times. The bidder may also be represented by the auctioneer by written order.
Telephone bidders will be called before the desired position is called, if a written order for this has been received by the auctioneer. The telephone bidder bids at least the starting price of the lot with his written order to call him. Online bidders must have registered before the auction begins. However, the auctioneer cannot guarantee that the telephone connection or the online connection will be established. The call is made at the bidder's expense. The knockdown may be reserved or refused in the name of the principal. In the event of several identical bids, the order of receipt of the order shall be decisive. If a bid submitted in time (also in writing) has been overlooked by mistake, AUCTION PARTNERS shall be entitled to withdraw the acceptance of the bid and to offer the item again. This also applies to all cases of doubt and complaints immediately after the auction. AUCTION PARTNERS is not responsible for electronic or mechanical errors.

5. The auction protocol is decisive for the determination of the hammer price. Bidders participating in the auction in person are obliged to accept the bid and to pay immediately in Euro plus 15% buyer's premium, plus currently 19% VAT on buyer's premium. Auctioned works of art and collectors' items are subject to a VAT rate of 7%. Such items will be marked with an "xx" in the auction catalogue. The buyer can pay 30% of the invoice amount, unless otherwise agreed with AUCTION PARTNERS. Private buyers who are resident in an EC member state will be charged German VAT. Dealers who have their place of business in an EC member state will only be refunded the sales tax if they have provided their sales tax identification number (Ust-Id-Nr. / VAT.No.) when registering. Foreign buyers from non-EC countries will be charged a surcharge of 15% net plus postage, packaging and insurance costs when the item is shipped abroad.

Invoices issued during or immediately after the auction are subject to verification; AUCTION PARTNERS reserves the right to make a possible error.
With the acceptance of the bid, possession of and risk in the auctioned item shall pass directly to the purchaser (§455 BGB), but ownership shall not pass to the purchaser until full payment has been received. Payment is to be made (bank) free of charges. Invoices to Fembieter are due no later than 10 days from the date of invoice. Payment can only be made in Euro cash, by bank transfer or EC card. Non-cash payments are generally considered as payment only after irrevocable credit. The buyer waives his rights from §§ 320, 322 BGB (German Civil Code) if he is a commercial business.

6. In the event of default of acceptance or payment, interest shall be charged at the rate of 1% of the surcharge amount per month or part thereof. After the expiry of a grace period of 10 working days following the acceptance of the bid, the purchaser shall automatically be in default of payment without the need for a special reminder. In the event of default in payment, AUCTION PARTNERS shall be entitled to demand either performance of the purchase contract or, after setting a time limit, damages for non-performance. In this case the damages can also be calculated in such a way that the item is auctioned off again and the defaulting buyer is liable for a reduction in the proceeds compared with the previous auction and for the costs of the repeated auction including the premium. In this case the right of the defaulting buyer from the earlier knockdown and possible claims to additional proceeds shall lapse. The defaulting buyer is excluded from a new bid.

7. The buyer is obliged to take delivery of the auctioned items immediately after the auction. AUCTION PARTNERS declines any liability for material defects and defects of title in the auctioned items. Deliveries abroad will only be made against advance payment and not by cash on delivery. Removal from storage and shipment are at the risk and expense of the auctioneer. The general customs and import regulations of the respective importing countries apply. In the case of a hammer price of up to 250 Euros, AUCTION PARTNERS shall charge 2.50 Euros per day plus VAT for the removal of items from storage and, in the case of a value of more than 250 Euros, 10% of the purchase price per month or part thereof, or the fee charged by the storing party plus VAT, commencing 5 working days after the auction. Auctioned items can be sent to the buyer by a forwarding agent at the buyer's request, in the buyer's written order, in the buyer's name and for the buyer's account and at the buyer's own risk. The items will be sent to the buyer freight collect. Transport damages must be reported to the respective transport company (railway, post or forwarding agency) within 24 hours, otherwise no claims for compensation can be asserted.

8. In the business premises, every visitor is liable - especially during inspections - for any damage caused by him, even in case of slight negligence.

9. The foregoing conditions shall apply mutatis mutandis to the subsequent sale of items after the auction.

10. Place of performance and place of jurisdiction, also for dunning proceedings, is Königswinter. German law shall apply; the provisions of international sales law shall not apply.

11. Should any of the above provisions be invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.

Edition 1.5.2021

 

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