General Terms of Sale of the Berliner Auktionshaus für Geschichte (BAhfG)

1 Content

2 General Terms

2.1 Scope

2.2 Corresponding exertion

2.3 Distance selling

2.4 Authorization of the auctioneer

2.5 Choice of law

2.6 Jurisdiction / Place of Performance

3 Catalogue

3.1 Descriptions in catalogue

3.2 Prices

4 Viewing

4.1 Viewing times

4.2 Testing of properties

5 Auction

5.1 Call

5.2 Lot

5.3 Bids

5.3.1 Present bids

5.3.2 Written bids

5.3.3 Telephone bids

5.3.4 Bids via Internet..............................................

5.3.5 Withdrawal of bids

5.3.6 Rejection

5.3.7 Liability............................................................

5.3.8 Lower bids

6 Award

6.1 Issue

6.2 Refusal

6.3 Qualified acceptance

6.4 Identical bids

6.5 Repeated call

6.6 Effect of the award

6.7 Person of the buyer

7 Purchase price

7.1 Composition

7.2 Maturity

7.3 Payment

7.4 Refund of VAT

7.5 Retention of the auctioneer

7.6 Retention of title

7.7 Offsetting / right of retention of the buyer

7.8 Late payments / refusal of acceptance

8 Decrease transfer of risk warehousing shipping

8.1 Decrease

8.2 Transfer of rist

8.3 Shipping

9 Warranty / Liability /

9.1 General

9.2 Ensuring at auction as a representative of the consignor (usually)

9.3 Warranty as commission

9.4 Other liability

10 Auction items showing symbols within the meaning of § 86a StGB

11  Weapons act

     

2 General Terms

2.1 Scope

These auction conditions apply to the viewing, including the auction itself, the aftersale and settlement as agreed by the Berlin Auction House including their rescission.

2.2 Corresponding exertion

As far as the Berlin Auction House  operates the sales electronically (online auction) or sells goods freehand, this sale terms shall apply analogously, unless "Special Terms and Conditions" provide otherwise.

2.3 Distance selling

The rules on distance contracts (§§ 312b - 312d BGB) does not apply.

2.4 Authorization of the auctioneer

 The Berlin Auction House provides (unless an express declaration) the goods offered on the basis of mandates given by the consignor in the framework of actions implemented by their auction in the name and on behalf of the consignor.

The Berlin auction house is authorized by the consignor to submit all declarations with effect for the consignor of agency or take actions that are necessary for the transfer of ownership or for transfer to the successful bidder, or are connected with it. The Berlin auction house is authorized in the same way to collect claims of the consignor and, where appropriate, pass them to the courts.

There is no right to name the consignor, unless otherwise expressly provided in the terms of sale.

2.5 Choice of law

All legal relationships to which extend these terms of sale, exclusively subject to the law of the Federal Republic of Germany to the exclusion of private international law and of international sales law, unless otherwise provided by mandatory law precludes.

2.6 Jurisdiction / Place of Performance

If the successful bidder is a merchant or legal entity under public law or public law special assets, jurisdiction and performance by the Berlin Auction House is currently Berlin. In active processes can select a deviating of court permitted the Berlin Auction House.

3 Catalogue

3.1 Description in catalogue

The catalog descriptions are provided in good faith and conscience. They serve the individual description of the matters to be auctioned. The descriptions do not include any guarantee of quality within the meaning of § 443 BGB, unless such a guarantee is explicitly stated. This applies even if the description is accompanied by an expertise or references to such. Guarantee declarations are made the absence of another statement on behalf of the consignor. Catalog descriptions are no statements. The bidder is recommended to view the offered articles in detail and to check their condition. The items to be auctioned are basically used.

3.2 Prices

The prices listed in the catalog in euro are minimum bids.

4 Viewing

4.1 Viewing times

Alle Versteigerungsgegenstände können vor der Auktion, bzw. vor der Bestellung aus dem Katalog (auch Internet) in den Geschäftsräumen des BAhfG zu den im Katalog ausgewiesenen Zeiten eingehend besichtigt werden.

All auction items can be viewed in detail ahead the auction or ordering via catalogue (including online) respectively in the offices of the Berlin Auction House at the working hours given in the catalogue.

4.2 Testing of properties

Testings of temporary send items going beyond the common viewing are allowed upon request and against security.

5 Auction

5.1 Call

After calling up the individual auction lot and mention the amount of the first commandment (minimum bid) by the auctioneer, the auction starts by making bids through the present bidder, telephone bidder, and possibly live bidding over the Internet.

5.2 Lot

The auction takes place in the order of the catalog numbers. However, the Berlin Auction House is entitled to combine lots, to separate, to withdraw or to call them out of sequence.

5.3 Bids

Bids are submitted in the German language and in Euro.

5.3.1 Present bidders or Bidders via Internet

A bid is effectively emitted when it come to the attention of the auctioneer. A higher bid that is at the same time with the award or issued thereafter, goes unheeded.

5.3.2 Written bids

Written bids are carried out conscientiously the Berlin auction house without guarantee, however. It undertakes to exploit only one bidding increment above the next underlying bid (about 5-10%). Commandments such as, "or" and "maximum" (for several lots) will not be considered in doubt.

Written bids may be disregarded by the auctioneer, if they are not received on the day of the start of the auction by the auctioneer.

5.3.3 Telephone bids

Telephone bidding is only possible with the prior written application (Limit = 100.-EUR Minimum Bid) and automatically provide the means limit price. There is no warranty for the realization of the telephone line or for erroneous telephone information of any kind.

5.3.4 Bids via Internet

Live bidding over the Internet is only possible by prior arrangement with Lot-Tissimo, and validated by the Berlin Auction House and automatically provide the means limit price. There is no guarantee for the realization of the Internet connection.

5.3.5 Withdrawal of bids

For the withdrawal of already issued bids, we request a processing fee of 30, - EUR net per lot levied if the withdrawal occurs later than 5 working days prior to the auction. Generally, this requires the written form.

5.3.6 Rejection

The auctioneer may reject bids without giving any reason. A bidder is bound to his bid if a subsequent higher bid is invalid or is rejected by the auctioneer immediately.

5.3.7 Liability

Given the large number of bids, this may cause input errors, so that a bidder, could potentially receive no award for his written bid on an object. Principally, we rukle out any claim of compensation in such cases.

5.3.8 Lower bids

Lower bids are increased to the limit price!

6 Award

6.1 Issue

The award is the highest bid, and will be granted if after three calls, no higher bid is submitted.

6.2 Refusal

The Berlin Auction House is entitled to refuse the contract in justified cases, in particular, if the minimum price has not been reached or if the bidder are in default of payment from another auction of the Berlin Auction House or if he fails to make an agreed security or can not provide sufficient references.

6.3 Qualified acceptance

The Berlin auction house is entitled to knockdown items. The award may be set aside on the condition of the consent of the consignor, if the purchase price or a part of it is not paid immediately, or if a purchase price security does not exist. The item can also be reserved when a written statement or evidence is lacking that the auctioned items that may fall under § 86a of the Criminal Code, or at least fall, will be used solely for the permitted purposes stated under paragraph 10.

Proposes the auctioneer subject to, the bidder is bound to his bid for a period of four weeks after the contract award to his bid. Acceptance is the  submitting of the declaration of acceptance by the auctioneer to the address indicated by the bidder. If the period expires without acceptance, the contract will be void and the auctioneer may open the lot again.

When in doubt, the Berlin Auction House may fail the contract and finally call the item again. The votes hitherto bids remain binding until that time.

6.4 Identical bids

For written bids of the same amount, the date of actual receipt decides. If several persons enter identical bids at the same time, the lot decides.

6.5 Repeated call

Disagreement on the highest bid or reasonable doubts on surcharge be remedied by repeated call of the lot. This is true, even when a bid made in good time has been overlooked by mistake. Objections to the bid the auctioneer may disregard if they are not collected immediately after the auction. With the reopening of granted a surcharge expires.

6.6 Effect of the award

With the award of the item, the contract between the supplier and the bidder is established. It is irrelevant whether the consignor is present. Decisive for the contract is the auction protocol.

6.7 Person of the buyer

The successful bidder is obliged to report his name and address to the Auctioneer and to prove this, if necessary. The auctioneer is entitled to store these data for the settlement of the constructions brought about by the contract agreement and to notify the consignor.

7 Purchase price

With the granting of the award the buyer is obliged to pay the purchase price to the Berlin Auction House as a representative of the consignor.

7.1 Composition

The purchase price consists of the hammer price and the buyer's premium of 15%. Besides may incur additional charges for storage and shipping.

At the auction on behalf of the consignor, the successful bidder in addition had to pay the applicable VAT on the premium. Foreign deliveries are exempt under certain conditions from the VAT. Once these are met, and the proof of export is provided within that period, the VAT paid shall be refunded. The BAhfG is entitled too little tax levied for calling, if the tax authority does not recognize the reduced rate.

7.2 Maturity

Present bidders had to pay the total price plus the buyer's premium immeditely.

In supplement to written and permitted by telephone bids the total price is due for payment 5 working days after dispatch of the invoice, sent the address mentioned by the successful bidder.

7.3 Payment

Payments of present bidder shall be made in cash or by bank confirmed irrevocable cheques. The acceptance of checks is carried out on account of performance. Compliance occurs only with irrevocable credit the check amount in the account by the Berlin auction house. If the Berlin auction house makes use of direct debit mandate, authorization granted by the bidder, fulfillment comes only with effective confirmation of the auctioneer to its account-holding bank. If paying by check or international bank transfers, the buyer must pay all bank fees.

7.4 Refund of VAT

EC nationals, who carry out the bought auction items abroad, get the VAT paid refunded if they submit the German customs proof of export within two weeks. Sends the auctioneer auctioning items to foreign countries, it does not depend on the export certificate, if the VAT number of the buyer has been given in time to place a dispatch order.

7.5 Retention of the auctioneer

The publication or delivery, even if awarded to written bids, occures at the earliest after complete fulfillment of the total price claim.

7.6 Retention of title

If an object is released prior to the fulfillment of the total price claim, the transfer of ownership is subject to the condition of the fulfillment of the total price claim. The successful bidder shall not be entitled until then to resell the goods or make changes to it.

7.7 Offsetting / right of retention of the buyer

The successful bidder may offset against the claim for payment of the total price only with undisputed or legally established claims or assert a right of retention because of such.

7.8 Late payments / refusal of acceptance

By any delay in payment, the auction house is entitled to charge borrowing costs at least in the amount of 5% of the hammer price. If the bidder refuses the acceptance or does not pay after an initial call (reminder charge 15 €) within a further 14 days, the auction house may selectively enforce its rights by a collection agency or revoke the contract and sell the items free or place them into an auction again. The rights of the buyer expires and he shall be liable for any deficiency in proceeds and any resulting disadvantages to the consignor and the auctioneer, in particular for the resulting total of lost commission and any costs in this connection. On more than anticipated the successful bidder is not entitled.

8 Decrease transfer of risk warehousing shipping

8.1 Decrease

The successful bidder is bound by contract to immediately accept the item. The auctioneer may specify different collection periods in the catalog or on the auction date.

8.2 Transfer of risk

With accepting the contract all risks regarding accidental destruction or loss and accidental deterioration of the auction item are transferred to the buyer.

8.3 Shipping

The storage, disassembly, assembly and dispatch are at the expense and risk of the buyer. The auctioneer shall be liable only for damages, culpably caused by himself. Freight forwarders and similar entrepreneurs are not vicarious agents of the Auctioneer.

The dispatch takes place principally in an insured package. Minimum flat rate shipping within Germany is 12 € (Europe 25 € / Overseas 50 €), regardless of value or weight of each registered shipment! The purchaser shall bear all shipping costs and the shipping risk.

Other delivery forms can not be adequately insured. The following variants are possible: Customer pickup, insured shipping, ordering a forwarding at the expense of the purchaser or completion of a single shipping insurance paid by the buyer. Also for domestic mail, the following applies: postage, insurance costs for valuables, bulky or fragile goods are calculated individually and can also be subsequently requested.

9 Warranty / Liability

9.1 General

All items in the auction are used. They will be auctioned in the state in which they are located at the time of the bid, no guarantee for open or hidden defects or the presence of the textures described in the catalog. Books and albums are as not checked for completeness, normal signs of use, notes or strikeouts, for example, be not mentioned in the catalog and in the call.

9.2 Ensuring at auction as a representative of the consignor (usually)

The auction items are auctioned on behalf of the consignor. The Berlin Auction House itself is not responsible for the quality of goods. We commit ourselves to put forward notices of defects within the warranty period of 12 months following the unconditional acceptance of the bid to the consignor and to transmit the notification of defects.

9.3 Warranty as commission

The Berlin Auction House is liable for defects only in cases of culpable violation of their own care; a liability shall be excluded if the auction house did not recognized an error due to slight negligence. Warranty claims are limited to claims in this framework of §§ 437 no. 3, 311a BGB.

9.4 Other liability

Damages arising from misunderstandings or transmission errors between the Berlin Auction House and the purchaser shall be borne by the buyer.

The Berlin Auction House is liable to third parties only for willful or grossly negligent breach of duty and beyond within the framework of the concluded auction insurance. Conditions for backups, storage and shipping, required by the insurance, are respected by the Berlin Auction House. In case of loss and destruction only the limit price at the utmost is reimbursed, according to the catalog, less the agreed commission.

10 Auction items showing symbols within the meaning of § 86a StGB

As long as the consignor and bidder does not express the opposite, they assure, that they purchase the catalog and the items offered therein, which relate to the period from 1933 to 1945 and may fall or come under §§ 86, 86a of the Criminal Code, only for specific purposes in relation to § 86 paragraph 3 of the Criminal Code. That is: the civic information, the defense of unconstitutional and anticonstitutional activities, the scientific and art historical research, the information and reporting on the events of current affairs or the military-historical and uniform research. The items listed in the catalog are offered only under these conditions. With the bid, the buyer is obliged, to purchase these goods only for the reasons mentioned above, and in no way propagandistically, as defined in § 86a StGB in particular.

The auctioneer is entitled, to withdraw items that can fall or falls under §§ 86, 86a of the Criminal Code, without giving reasons and refuse the contract to a bidder if he cannot guarantee, that these items are only intended for purposes mentioned in § 86 para. 3 of the Criminal Code.

11 For the auction of firearms, not requiring a permit, and/or ammunition, not requiring a license, and other weapons, the following applies:

Sales only to persons who are at least 18 years old!

Terms and conditions of sale

This is a free and short translation. Only the original German version is legally binding!

1. The auctioneer acts as commissioner for unnamed vendors. Basis for all business is €

2. All lots can be examined, on the premises, before auction. Consignments cannot be sent for approval. All lots are sold "as shown", with all faults, imperfections and errors of description. Catalogue descriptions are made conscientiously but without warranty. Books and albums are not checked for completness, normal signs of use, underlining or notes are not mentioned in desciption.

3. The auctioneer has the right to rearrange, seperate, leave out or withdraw any item without given reason.

4. Mail bids will be placed conscientiously but without warranty. Bids marked "best" or "in any case" have not absolute preference. Low bids will automatically be increased to minimum bid. The best way to obtain a wanted item is to give a maximum price limit. Bids will only be increased to the next bid level and not to the maximum limit. Bidding per telephone is possible, but only after permission with us and from a minimum item price of 100Euro. We accept no warranty for telephone connections nor for information given over the telephone.

5. A knocked down lot goes to the highest bidder, however the auctioneer may refuse to accept bids, for example, from mail, telephone bidders or room bidders who are unknown, without satisfactory reference, deposit or bidders whose accounts are not settled in full at the time of the auction. If two or more bids for one item are the same the sale will be decided by drawing a lot. Any item in dispute may be offered again.

6. The knock down commits the bidder to take the item and pay for it. From this time the bidder commits full responsability for the item, however until full payment is received the item remains property of BAhfG.

7. Commission charges are 15%. Payment is due immediatly in cash or bank transfer. Cheques will only be accepted on special agreement and they must be filled out to cover all transfer, bank charges etc.. Foreign bidders have 10 days after receival of our invoice in which to settle their account. ALL COSTS MUST BE CARRIED BY THE CUSTOMER

8. Invoices written during or directly after the auction need special checking and, in some cases, correction afterwards- we reserve the right to correct any errors

9. No item may be removed until it has been paid for in full. 2% extra charge or interest for delay of payment may be demanded. The BAhfG may resell or store an item at the expense of the buyer when he fails to remit payment in the given time. BAhfG has no liability for purchased items that have been left on the property after auction. There is no insurance for such items. Consignments for auction are made at own risk and expense. In case of damage or loss of a package the consignee must file a claim at his own post office or shipping company. A failure to do this will void all insurance cover.

10. Misunderstandings resulting from telephone conversations, wires, letters or faxes are at vendors/buyers own risk

11. Mail bids from foreign countries should state how the item is to be sent (for example: air mail, surface mail, customs declaration etc.). The buyer carries the cost of shipping. Shipping is principally insured, however some countries do not allow for sufficient insurance. In such cases we would advise communication with us as variations, such as private shipping companies, are possible. All shipping is at buyers own risk, loss or damage of underinsured items is also buyers own risk.

12. Any items in possession or the auctioneer may be kept as security until the account of the customer is settled in full.

13. The BAhfG reserves the right of excluding any persons from the auction without given reason.

14. Place of juristiction for all parties is Berlin/Germany