Auction Terms and Conditions
By placing an order or a bid, Bidder accepts these Terms & Conditions.
Object of the auction are used items. Auctions are voluntary, performed on
behalf of and for account of a third party, based on submission contracts with
each Vendor. Bids are raised in increments of 5 to 10%. Auctioneer shall have
the right to change the specified order, and to separate, combine, or withdraw
lots, to accept bids conditionally, or to reject bids considered too low.
The items being auctioned may be inspected and examined at one’s own risk
before the auction. There is an opportunity to find out about the objects’
condition and value. Auction items are sold ‘as inspected’, and ‘as is’
ex auction location.
The descriptions according to the auction catalog with information on
dimensions, data, features, etc. shall be non-binding, and they shall not
represent a statement regarding the items’ condition. That is why an in-depth
prior inspection of the objects being auctioned is Bidder’s responsibility.
- The items being auctioned can be inspected and examined before the auction
during the times stated. The items being auctioned are used, and – unless
stated otherwise – in good condition; however, their condition will
correspond to their age.
- Auctions are held in Euro. The amounts in which bids shall be made will be
specified by Auctioneer. Bids are usually started at the minimum price
stated, or at the lower margin of the estimated price listed.
- Bidder shall be personally liable for his bid, even if he is bidding for
third parties, stating their names. Bids must be made loudly and audibly, or
by using the bidder card unambiguously and clearly. Signals, nodding,
waving, etc. shall not be regarded as bids.
- Placing a bid shall represent a binding purchase offer at these Terms
& Conditions. The purchase contract shall become effective with the
Vendor (not with the Auction House) when the bid is accepted. Bidder shall
remain bound to his bid until it has been expressly overbid, or rejected by
- A bid shall be accepted if an overbid is not placed after three calls.
Accepting bids may be refused without giving reasons.
- A surcharge of 10%, plus the applicable VAT, on the accepted bid price
shall be paid to the Auctioneer, with the final surcharge amounting to a
total of 11.9% of the accepted final bid amount. Consequently, the purchase
price shall be 111.9% of the final bid amount.
- After the bid has been accepted, Purchaser shall state his name or bidder
number. Having one’s bid accepted creates an obligation to take and pay
for the object. Upon Bidder’s written or oral request, s/he may receive
Vendor’s name and address, and Vendor may receive Bidder’s name and
- The purchase price shall become due immediately after the bid has been
accepted. Auctioneer shall have the right to demand payment of the full
purchase price, including surcharge, or of a reasonable down payment to be
specified by Auctioneer, immediately after the bid has been accepted. The
remaining purchase price, incl. surcharge, shall become due no later than at
delivery. Bidder shall pay the full purchase price in cash or by check made
out to Bidder. If payment is made by check, transfer of the object shall not
take place until the check has cleared.
- The risk of total or partial loss of or damage to the objects auctioned
shall transfer to Buyer when the bid is accepted. Auctioneer shall not be
liable for the goods after the bid has been accepted, unless the goods have
been - intentionally or through gross negligence of Auctioneer or his
agent(s) - lost or damaged before the start of the delivery time of the
- Ownership shall not transfer to Buyer until the full purchase price has
- All items shall be sold ‘as is’ at the time of the auction. No
liability, warranty or guarantee shall be accepted for quality, condition,
completeness, explicit or implicit faults or defects, damage, special
properties, or similar. This shall not apply for damage caused through gross
negligence or intentionally, as well as damage from injury or loss of life
based on intentional, grossly negligent or negligent dereliction of duty.
Vendor shall also be liable for defects fraudulently concealed, and for
intentionally false statements regarding condition.
- In case of deviations from explicit agreements regarding condition, claims
must be brought in writing within 6 weeks, counted from the date of the
- Auctioneer shall not be liable for catalog information, origin,
genuineness, condition, and quality of the items offered. All statements
made by Auctioneer, an employee or another person working at the Auction
House and/or in writing or any other form in media, in the auction catalog,
and on the Internet regarding objects in the auction or on sale shall not be
warranted characteristics and shall not be subject to Auctioneer’s
- In case of delayed payments or if acceptance is declined, Bidder shall be
liable for any and all resulting damage. In the case of delay, Auctioneer
may demand either performance of the purchase contract, or damages due to
non-performance. Auctioneer can also rescind his acceptance of the bid and
list the object for auction again, at Purchaser’s expense. If Auctioneer
makes use of this right, Bidder shall be liable for any shortfall; however,
he shall not have any claim to any excess proceeds.
- Pick-up and transport of the objects bought shall be at Bidder’s expense
and risk, but not until the goods have been paid for. After 7 working days,
storage costs shall be billed at a flat rate of EUR 500 per calendar week.
- Orders placed by telegram or telephone must be confirmed in writing.
- Place of performance for all obligations is the auction location.
Jurisdiction and venue for any and all disputes resulting directly or
indirectly from this contractual relationship shall be Ladenburg if the
contractual partner is a merchant in the meaning of the German Commercial
Code (Handelsgesetzbuch); this shall also apply for actions on checks and
bills. This venue shall also apply for merchants whose domicile and seat are
in a foreign country. German law shall apply to the implementation of this
- Auctioneer shall be entitled to perform all transactions or legal
transactions connected to the procurement of the property and the collection
of the payables, including pursuing them in court, as a representative for
the Vendor, or in his own name.
- If parts of these Auction Terms & Conditions should be ineffective,
the remaining ones shall nevertheless remain effective.