Conditions of Auction SaleThe following Conditions of Auction Sale apply exclusively for any method of bidding. By bidding in person, in writing or by telephone in any auction, the Bidder acknowledges to be bound by the following terms and conditions:
1. The auction is public and voluntary. All bidding will be in Euro (€), exclusively in the name and for the account of third parties, cash payment being due immediately A sale contract is made directly between the Consignor (Seller) and the Buyer (highest bidder) upon the fall of the hammer. Upon demand of either party, the Auctioneer is legally obliged to name the Buyer and the Consignor. The Auctioneer is under no obligation to accept payment by cheque or by bills of exchange; cheques and bills of exchange may only be accepted on account of performance, and any applicable bank charges are borne by the Buyer. Generally, there will be no deferral of payment. In exceptional circumstances, individual agreements may be possible provided these are negotiated prior to the start of the auction.
2. The Auctioneer is entitled to enforce all rights of the Consignor relating to the Consignee’s consignments and the sale in the Auctioneer's own name. Commission agents and other persons placing bids on behalf of third parties will be held liable as principle debtors together with the third party if they do not disclose in writing their legal position and authorization upon demand prior to the auction. Any lots bought are sent by mail at the recipient’s expense and risk. The Auctioneer is entitled to exclude persons from the auctions without giving any reasons.
3. The sale will be made to the highest bidder. The Auctioneer, in consideration of the Consignee’s best interest, reserves the right to refuse the knockdown, to withdraw lots, and under special circumstances to re-group lots. The bidding increments (subject to change) are as follows: up to 100,- € = 5,- € / above 100,- € = 10,- € / above 500,- € = 20,- € / above 1000,- € = 50,- € / above 2000,- € = 100,- € / above 5000,- € = 200,- € / above 10000,- € = 500,- €. In case of bids of equal value, the order in which they were received decides. In case of misunderstandings the Auctioneer has the discretion to reoffer the lot. A buyer’s premium of 20 % plus 1,50 € per lot will be added to the hammer price. Any Value Added Tax (currently 19 %) due is charged additionally to the buyer's premium, to any other services (expenses) and the hammer price (currently 19 %), and will be separately invoiced. Any lot which is marked in the catalogue by a cross "(x)" not only the buyer's premium but also the hammer price is subject to Value Added Tax at currently 19 %. The VAT may not be due if the purchased lot is exported and the respective tax pre-conditions have been met. A delivery free of VAT into another EU member state is only possible if the Consignor and the Buyer are businesses within the meaning of Section 2 Value Added Tax Act (UStG) and the value added tax identification number has been made available. Any lot marked by a cricle "(?)", the hammer price is subject to import tax at currently 7 % (non-deductible) if the Buyer is residing within the European Union. Buyers residing outside the European Union will not be charged import tax if evidence for the export of the purchased lots is provided.
4. Knockdown constitutes a binding sale, with it the risk passes to the Buyer; title on the other hand will not pass until full payment has been received. The auction invoice will be due immediately from those bidders personally present at the auction, and upon receipt of the invoice from absentee bidders. Buyers not personally known to us will receive a proforma invoice. If a Buyer is in default of payment, default interest at a minimum of 5 percentage points above base rate is charged; the auctioneer reserves the right to charge higher interest provided the auctioneer can prove such interest rate applies, unless the Buyer can prove a lower interest rate applies. In case of non-collection of purchased goods or non-payment, the Auctioneer may exercise its statutory rights; if the Auctioneer claims compensation, this will amount to 25 % of the hammer price as compensation for lost commission, buyer's premium and other expenses unless the Buyer can prove that the auctioneer's damages were lower. This does not prejudice the Auctioneer's right to claim a higher compensation. Any complaints will have to be made within 10 days of the handover or delivery, respectively, of the lot. Any lots objected to have to be returned in their original condition and with their original lot card. Affixation of examination marks by recognised experts of the BPP or any other certification organisation pre-agreed to by the Auctioneer will not be considered a deviation from the original condition. In exceptional cases and if preagreed with the Auctioneer, the deadline for complaints may be extended by the Auctioneer. The obligation to make payment shall not be affected. In cases of justified complaints, the Buyer shall receive a full refund of the sale price, provided the lot in question is returned. Any further claims are precluded. Lots bought by giving incorrect lot numbers cannot be returned.
5. Any items offered at auction may be viewed and examined prior to the auction. The lots are described with the utmost care; such descriptions, however, do not guarantee or warrant a certain condition. The Auctioneer shall not be liable for any faults inherent in the lot, but shall inform the Consignor of notices of defect if received in time. Floor bidders on principle buy "as seen". Errors arising from the illustrations (stamps, edges, perforation etc.) do not constitute a reason to refuse an item. The Buyer shall have no right to reject lots consisting of collections, accumulations or remainder or lots bought through bids below the reserve price. An individual lot consisting of more than three stamps cannot be returned because of small imperfections to individual stamps. The cost of any examinations initiated by the Buyer after the sale will not be reimbursed. Any claims for damage against the Auctioneer, be it for reasons of delay, impossibility to complete, positive breach of contract, fault in conclusion of a contract or in tort, shall be excluded unless such damage was caused by intentional or grossly negligent acts.
6. The Auctioneer may collect the purchase price and other charges and commence legal proceedings in the Auctioneer's own name. The Buyer has no right of disposal for non-cash purchases made at the auction, in particular with regard to disposal by resale or otherwise, until full payment of the auction invoice has been received. The Auctioneer reserves the right to claim back any items which have not been paid or not been paid in full, respectively, in original condition and with the original lot card, for example where pre-agreed extended payment terms have been exceeded. If acceptance of a lot is declined without legal justification, the stamps in question will be resold by auction or private sale at the Buyer’s expense. In either case, the Buyer will remain liable towards the Auctioneer for any loss of profit and towards the Consignor for any shortfall. The defaulting Buyer has no claim on any surplus earned by a possibly higher sales price achieved.
7. Bids made in writing will be diligently and discretionary executed.. Bids marked „best“, „in any case“ do not carry an absolute right to knockdown. Knockdown is not given on the basis of the highest price bid, but in accordance with the bidding increments. In case of „highest bid“, „best“, „absolutely“ etc. bids will be executed up to five times the value of the opening price. The minimum bid for any lot without reserve ("Gebotslos") is 5,- €. Up to 100,- € it will be knocked down at the highest bid, and above 100,- € it will be discretionary knocked down in accordance with the bidding increments.
8. Consignments on approval may be requested upon receipt of the catalogue for the account and at the risk of the recipient, provided that the recipient guarantees the return of the consignment within 24 hours. In case of a late return, the recipient shall be liable to the full extent of the knockdown price achieved. Lot consisting of mint stamps as well as collections and large lots will not be sent out for viewing. Customers not known to the Auctioneer may be asked to name verifiable references. By bidding at auction or by issuing a purchase order bidders are bound by the Conditions of Sale. These are also accordingly applicable to any business activity entered into with the auction lot outside of the auction.
9. Any claims of any kind against either the Consignor or the Auctioneer shall expire no later than one year after the auction.
10. Place of execution and jurisdiction for all purposes of commercial transaction is exclusively Berlin. German law applies. The regulations of the standard (international) purchasing law do not apply. Should any individual provisions of these conditions become entirely or partly invalid, this shall not impair the validity of the remaining provisions.
02/2014; Schlegel Berliner Auktionshaus für Philatelie GmbH, 10719 Berlin