Terms of sale General Auction Terms and Conditions 1. General Conditions --------------------- 1.1. These conditions apply to the viewing, the auctioning, after auction sales and the execution of all business that come about as a result of agreements reached by the BAH, including all anullations. 1.2. Corresponding Conditions. When auctions are carried out with an electronic medium (online auction) or sold after auction then these conditions apply so long as other terms of business are not applicable (BVB-Sales,BVB-Online) 1.3. Over Distance Sales The paragraphs concerning the over distance sales in the �312b-312d have no bearing on the following terms and conditions. 1.4. Proxy Authority of the Auctioneer The BAH offers items to auction by assignment of the owner (seller) and purely in their name and by their appointment. BAH has the sellers right of attorney and deals as their agent in all questions of description and action resulting in a transfer of ownership to a third partzy. BAH is also entitled to lodge claims on behalf of the seller in a court of civil law 1.5. Lawful Rights All lawful rights that arise from these conditions are only applicable in the Federal republic of Germany and exempt from the international private laws or business laws in so far a conclusive stringency law does not apply to the contary. 1.6. Juristriction Place of juristriction is in all cases Berlin. In an active process the BAH can determine an alternative place of juristriction. 2. Catalogue ------------ 2.1.Catalogue Descriptions. Descriptions in catalogues are made to the best of our knowledge and concienciously. They are only meant to individualise the items and not a guarantee of originality, material, construction or condition as in the sense of the �443 BGB. As long as such a guarantee is not specifically mentioned, this also apples when a written guarantee is included with the item, or mentioned in the description per se. It is the incumbent of the buyer to check the substance of the item. Most items coming to auction are generally in a used condition. 3. Viewing ---------- 3.1. Viewing Possibilities. All items that are in auction can be viewed previoiusly on the premises of the BAH to the times given in the catalogue or on the internet page 3.2. Checking Properties Against a deposit to the sum of the cataloge price an item or items can be sent to you personally to check (only inside Germany) 4. Auction ---------- 4.1 Calling After calling out the item and naming the starting price the auctioneer begins the auction with bids from people present in the auction room, or with previously made written/internet bids. 4.2. Lots The auction follows the catalogue lot numbers. In some cases the auctioneer can place together, seperate or change the order in which they are called out. 4.3. Bids Bids are in German language and Euro currency 4.3.1 Bids from People Present A bid is only counted as placed when the auctioneer has noticed the bidder and confirmed/ accepted the bid. A higher bid that is placed concurrently or after the hammer fall will not be counted. 4.3.2. Written Bids Written bids will be placed conciensiously. However we give no guarantie for placing these bids. The bid will only be increased by one stage at a time over the last highest bid (approx. 5-10%). Bid written with "or" , "maximal" or similar will not be placed in case of doubt . Written bids may be ignored when not placed at least one day before the day of auction. 4.3.3 Telefone Bids Telefone bidding is possible after previous notification (limit 100 EUR) and is automatically a minimum call bid. We give no guarantie for the timely connection nor for the placing of bids or giving of information over the telefone. 4.3.4. Bid Retraction Retractions must be made at least 5 days before the auction. A later retraction is charged with 30 EUR service charge. Generally retractions must be made in writing. 4.3.5. Rejections The auctioneer can reject bids from bidders without giving a reason. Bids made before and under the rejected bid are still binding as long as the higher bid is ineffective or immediatly rejected by the auctioneer. 4.3.6. Under Bids Bids under the catalogue minimum bid will be automatically raised to the minimum bid. 5. Tenders ---------- 5.1. Assignation the tender is successful when it is the highest bid and after three calls no higher bid is placed. 5.2. Refusals In certain cases the BAH may refuse the tender, especially when the minimum price has not been reached or when the winning bidder has an open invoice with the BAH. It can also be the case that BAH assumes the bidder will not hold to �86a StGB or furfill the under 9 named reasons. 5.3. Tenders with Reservations. In some case a tender may be accepted with reservation. Especially when the seller has reservations or only a part payment of the complete price is to be made. Reservations can also be effective when no written statement to acceptance from the �86a has been made and items could possibly fall under this paragraph or the reasons named in 9. If the auctioneer accepts a tender under reservation the bidder is tied to the bid for a period of four weeks. The bid is effective when the auctioneer sends a written acceptance to the address given by the bidder. Failure to reply inside of this period means the item can be called agian. 5.4. Similar Bids In the case that bids are given by different bidders but to the same amount the first come first served rule will apply. If more people make the same bid at the same time a lottery will decide. 5.5 Recalls undecision about the amount of a bid or who the highest bidder was will result in a recall of the lot. This is also possible in the case of a correct bid being overseen. Complaints are not acceptable unless made immediatly after the hammer fall. The new call overrides all previuosly made bids. 5.6. Effect of a Tender A contract is made with the fall of the hammer between auctioneer and highest bidder. The highest bidder must not generally be present during the auction. Decisive is the auction protocol 5.7. Personal Details It is the duty of the highest bidder to give his name and address and when necessary prove them. The auctioneer has the right to save these details and also inform the seller of them. 6. Buying Price --------------- It is the duty of the buyer to pay the complete invoice sum to the BAH as proxy of the seller 6.1 Composition The invoice sum is made up of the hammer price and the surcharge of 15%. Further charges maybe levelled for eventuell storage and shipping. With the proxy sale the buyer must also pay the current VAT on the surcharge. Sales to foreign countries can, in some cases, be excempt from VAT. When the criteria are met and the export invoice promptly submitted the VAT will be returned. 6.2. Settlements The complete invoice price is payable, by persons present, immediatly after the auction. The invoice for written and telephone bids is due 5 days after arrival of the invoice at the buyers given address. 6.3 Payments Payments from bidders present during the auction are to be made in cash or with an irrefutable bank cheque. Payment with cheque is only considered paid when the full sum has been transfered onto the BAH bank account. When BAH has a direct debit authorization the payment is considered paid only after the full sum has been recieved onto the BAH bank account. By payment with foreign cheques or transfers from foreign countries the buyer must accept all ongoing costs. 6.4. Return of VAT Members of EEC countries may receive the paid VAT back when they bring a customs export form inside of 2 weeks. When the items are sent from auctioneer to countries outside of the EEC a customs form is not necessary. The assignation of shipping is, in this case, enough. 6.5. Holding Back Rights of the Auctioneer. The handing over or delivery of items, also in the case of written bids, follows at the earliest after payment in full has been received. 6.6. Possession Reservation In the case that an item has been handed out before full payment has been made, so is the item not completely in the ownership of the buyer but remains property of the seller until the full price has been transfered. In the meantime the auctioneer has no right to sell the item again or to change it in any way or form. 6.7. Summation/ Hold Back Rights of the Buyer the buyer can, on demand for payment of the full invoice price, only counter with undiscussionable or legally binding demands or against such demand a hold back right. 6.8. Default of Payment/ Non Acceptance When payment is not received within the prescribed period the BAhfG is justified to compute financing expenses of at least 5% of the invoice sum. If the buyer refuses to accept or if it does not pay after written reminder (surcharge 15 EUR) within further 14 days, the BAhfG can alternatively make valid its right by debt collecting company or recall the items for resale or place them in another auction. The rights of the buyer expire and they are responsible for any diminished proceeds and payment to the auctioneer for these disadvantages, in particular the commission and all costs in this connection, lost thereby. For a participation in excess of proceeds the buyer has no right. 7. Storage or Shipping Damages ------------------------------ 7.1 The buyer is obligated, with the fall of the hammer, to purchase the auction article and remove it from the premises. The auctioneer can make a deviating collection period to that in the catalog on the auction day. 7.2 Dangers. With the purchase the buyer accepts all risk of coincidental damage or the loss as well as the coincidental degradation of the auction article. If the auction property cannot immediately be taken out of the premises it will be sent as a package. 7.3. Shipping The storage, disassembly, assembly and dispatch take place at the expense and risk of the buyer. The auctioneer is responsible to that extent only for damage caused by his fault. Carriers and comparable entrepreneurs are not executing aides of the auctioneer. The dispatch takes place in principle with insured package. Minimum dispatch costs within Germany are 12 EUR (Europe 25 EUR / Oversea 50 EUR), independent of value or weight of each single item! The buyer carries all shipping costs and also the dispatch danger. Other forms of dispatch are not sufficiently insured. The following variants are possible: Take away, insured dispatch, shipping company debited to the buyer or conclusion of a single dispatch insurance debited to the buyer. Also valid for inland shipping: postage and cost of insurance for high value property, bulky or fragile property will be calculated individually. 8 Guarantees/Liability ---------------------- 8.1. General All articles for sale at auction are in used condition. They are auctioneered in the condition, in which they are at the time of the auction, without guarantee for visable or invisable defects described in the catalogue. Books and albums are not examined, normal signs of use, notes or underlining are not always mentioned in the catalogue. 8.2. Guarantee The auction property is auctioned in the name of the owner. BAhfG does not warrant guarantee for the condition of articles. Warranty claims are to be directed against the owner and fall under the statute of limitations. Complaints must be made at least 12 months after delivery. 8.3. Defects BAhfG is authorized to accept notice of defects, within the guarantee period, for the owner and to accept or reject these and to negotiate reductions or returns. BAhfG commits itself to convey notices of defect to the owner. BAhfG can inform the owner of the buyers address to further negotiate guarantee claims. 8.4. Further Guarantees BAhfG is responsible to third partys only for deliberate or negligent damages and beyond that only in the context of the auction insurance. The conditions demanded by the insurance over safety, storage and dispatch are followed by BAhfG. A refund is only possibly to the amount of the auctioned item minus the agreed provision. 9. Auction of Articles that fall within the �86a ------------------------------------------------ As long as owners and buyers do not express themselves to the contary, they insure that articles in the catalogue, which concern the period 1933 to 1945 and fall under �� 86, 86a StGB are only for the purposes determined in � 86 exp. 3 StGB (historical or educational purposes or for the clarification of unconstitutional and anticonstitutional efforts, scientific and art-historical research, the reporting about the historical procedures of history or the military-historical and uniform research) and acquired specifically. The seller offers the articles specified in the catalog only under these conditions. With the aquirment the bidder commits itself to acquire the articles only for reasons specified above and in no way to use the items for propaganda purposes in particular in the sense � 86 A StGB. The auctioneer is entitled not to bring to auction articles, which can fall or fall under �� 86, 86a StGB, refusal to sell to certain bidders are a perogative of the auctioneer and require no indication of reason.
Legal Notice By submitting the bidder registration you accept that the catalogue and the therein contained military historical objects from the time 1933-1945 are only to be used for the study of military history, protection against constitutional hostility or articles pertaining to military history in general. The company of "Berliner Auktionshaus für Geschichte", the auctioneer and the sellers only offer such items under these above conditions. When bidding on such items the bidder is obliged to follow the above terms of sale, especially in regard as to the use of such items in a manner of propaganda. The terms of the §86a of the German Law Book apply fully.
