AGBs for consignors
The auction and the permanent free sale shall take place exclusively in the name and for the account of the consignor. The company Stephan Heine, here called auctioneer, is entitled to pass on the name and address of the consignor to the buyer upon the buyer's request. For the execution of the auction, the Consignor shall pay the Auctioneer a commission of 15% of the sales proceeds plus currently 19% VAT on the commission. Irrespective of the sale of the consigned objects, the consignor shall pay the auctioneer a fee for the handling, advertising, each object entry in the Internet and the cataloguing of the consigned objects per auction. For a consignment value of up to 2.000,-Euro and a maximum of 15 consigned objects the total fee is 15,-Euro plus 19% VAT. For a consignment value of more than 2.000,-Euro the handling fee amounts to 5 per mille of the total consignment value plus currently 19 % VAT. If more than 15 items are consigned, a fee of 1.00 Euro plus VAT (currently 19 %) per lot entry in the auction list is payable. The entry in the internet catalogue costs 2,50 Euro plus 19% VAT per consigned object.
2. the consignor is bound to the order until the auction has taken place. Unless otherwise agreed, the Auctioneer is furthermore entitled to sell items not auctioned off in the auction at the limit in accordance with the terms and conditions of the order on which this order is based in accordance with §20 VerstV. until they are collected. If the Consignor withdraws the order in whole or in part prior to the auction, he shall pay 10% of the starting price, but at least 15,-Euro plus currently 19% VAT as compensation to the Auctioneer, provided that no private sale has yet taken place.
The Consignor shall deliver the auctioned items to the Auctioneer's business premises at his own expense and risk. Any costs for transport, transport insurance and costs for handling by the delivering forwarding agent, etc., shall be borne by the Consignor. The same applies to the return transport of any items not auctioned.
The auctioneer shall insure the consigned items against simple theft, fire and water damage for the duration of his custody. However, the auctioneer shall not be liable for any damage to the consigned objects, irrespective of any insurance claims of the consignor.
The auction or private sale shall be conducted in accordance with the General Auction Terms and Conditions of Payment and Delivery of the Auctioneer known to the Consignor and displayed in the Auction House, which shall also be binding on the Purchaser. The Consignor agrees that the Auctioneer reserves the right to knock down an item if there is a special reason for doing so. If the Consignor has not fixed a minimum price (limit), the Auctioneer shall knock down the lot at his discretion.
The auctioneer shall be responsible for the organisation, implementation and marketing of the auction, as well as the storage and exhibition of the objects.
. If the Vendor expresses the wish that the object to be auctioned be valued and/or appraised by an expert or an officially appointed and sworn expert or an expert appointed by the Chamber of Industry and Commerce, all costs associated therewith shall be borne entirely by the Vendor.
The details of the auction, e.g. time of execution, announcement, inspection etc., shall be determined by the Auctioneer at his due discretion and in application of the Verst.V..
The consignor shall assume full liability and the associated risk for the information provided by him regarding the consigned items, such as e.g. condition, completeness, authenticity, place, condition and time etc. The consignor shall indemnify the auctioneer from all claims, losses, damages, costs and expenses arising out of or in connection with the auction. The consignor shall indemnify the auctioneer against all claims asserted by third parties on the occasion of the auction. The consignor shall be liable in particular for all material defects and defects of title in the items consigned by him for auction.
The Consignor shall receive the proceeds of the auction no later than 1 month after the auction, provided that the purchase price for the object to be auctioned has been received by the Auctioneer. Liability for the receipt of the proceeds on the part of the Auctioneer exists only after personal delivery of the object of purchase to the Buyer. The Auctioneer is entitled to offset other outstanding claims against the consignor as well as the commission owed to the Auctioneer and other costs against the purchase price. As a matter of principle, the Auctioneer shall not be liable for the collectability and collection of the hammer prices. If the purchase price is collected by the consignor, the consignor shall be obliged to pay to the auctioneer the commission due to the auctioneer including VAT.
The objects can be offered and sold at the limit in a permanent open sale with deduction of the agreed commission in favour of the Consignor. For this purpose, these objects may remain in the Auctioneer's business premises for a maximum of 6 days after the auction, where they shall continue to be insured in accordance with § 4. The unsold items must be taken back by the Vendor at his own expense and risk within 5 days after the end of the post-auction sale. 6 days after the auction any liability expires.The non-auctioned items can then be stored without reminder in the name of the consignor and at his expense and risk with a forwarding agent.
Goods delivered from the EC or abroad must be declared by the consignor for customs purposes and declared for import VAT purposes. The auctioneer does not have to carry out a check.
This contract contains all agreements between the consignor and the auctioneer. There are therefore no verbal subsidiary agreements. Changes to the terms of the contract must be made in writing and signed by both the Consignor and the Auctioneer.
13. place of performance and jurisdiction for this contract is Königswinter. German law shall apply. The provisions of international sales law shall not apply.
§14. Should one of the above mentioned conditions be ineffective in whole or in part, the validity of the remaining conditions shall remain unaffected.
The Consignor is aware that this contract is based on the Auctioneer's General Conditions of Auction, Payment and Delivery. He has taken note of their contents and agrees to their validity. He confirms this by signing the auction order. (Status 15.01.2007)