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1.
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The auctioneer acts in his
own name fort the account of his client, who
remains anonymous.
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2.
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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.
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3.
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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.
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4.
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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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up to
50,- EUR . . . .
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2,-
EUR
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up to
1.000,- EUR . . . . .
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50,-
EUR
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up to
100,- EUR . . . .
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5,-
EUR
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up to
5.000,- EUR . . . . .
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100,-
EUR
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up to
200,- EUR . . . .
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10,-
EUR
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up to
10.000,- EUR . . . . .
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200,-
EUR
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up to
500,- EUR . . . .
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20,-
EUR
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over
10.000,- EUR . . . . .
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500,-
EUR
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5.
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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.
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6.
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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.
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7.
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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.
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8.
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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.
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9.
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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.
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10.
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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.
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11.
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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.
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This translation of
the auction conditions is provided for information
only!
The
german text is to be taken as
authoritative!
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