31. Auktion für Historische Wertpapiere Teil 1 - 26 October 2013 - page 7

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These Auction terms and conditions are for your general guidance only.
In the event of a dispute, the German version of our full legally binding
conditions will prevail (see Versteigerungsbedingungen).
The auction is signment contracts. The auction is operated by the com-
pany HWPH Historisches Wertpapierhaus AG, Ingelsberg 17b, 85604
Zorneding.
The auction terms and conditions are acknowledged by the written sub-
mission of a bid. Bids by fax, e-mail and online bids are equivalent to bids
in writing. Submission of a bid constitutes a binding offer to purchase.
Bidders are personally responsible for the bids they make, even if submit-
ting them on behalf of named third parties. Starting prices correspond to
the prices stipulated in the catalogue. Bids below the starting prices will
not be accepted.
Bid rates are set as follows:
€1 to 10: €1
€11 to 30: €2
€31 to 100: €5
€101 to 300: €10
€301 to 1,000: €25
€1,001 to 2,000: €50
€2,001 to 5,000: €100
€5,001 to 25,000: €500
€25,001 to 50,000: €1,000
from €50,001: €2,000
Bids that do not correspond to the bidding levels are rounded down to the
nearest bidding level. The highest bid will be accepted. If there are several
equal maximum bids, the first bid received is given preference.
The following additional rules apply to auctions labelled „Multiauktion“ in
the header: The bid amount always relates to one unit. After a bid has been
successful, the bidder states the desired quantity at that price (at most the
available quantity). If a quantity remains, it is once again put up for auc-
tion. The successful bidder is obligated to accept and pay for the item(s).
All risks, especially the risk of accidental loss or accidental deterioration
of the auction item, are transferred to the buyer directly upon winning
the bid. Ownership and title will only be transferred to the buyer after full
payment of the purchase price. The buyer shall pay a commission of 15%
of the knocked-down price. For the portion of the knocked-down price ex-
ceeding €5,000 (per lot), the commission rate is 10%, that for the portion
exceeding €10,000 5% (per lot). Value-added tax (VAT) at the current rate
of 19% will be added to commission and shipping costs. VAT levied on
auction commission is not refundable on deliveries to non-EC countries,
because a domestic service has been performed. In the case of export to an
EEC member state, the buyer is required to provide a VAT identification
number for tax exemption in good time.
Auctioneer Matthias Schmitt is authorized to exercise all the rights of the
seller resulting from commissions and knockdowns on behalf of the seller
and at the seller‘s expense. Following conclusion of the auction, the suc-
cessful bidder can, with legitimate, verifiable interest, obtain the name and
address of the seller of the brokered item.
Bidders submitting their bids remotely or in writing are required to adhere
to a payment deadline of 14 days (30 days for foreign countries), provided
no other credit arrangements have been made in writing. For all balances
that have not been received within 14 days (30 days for foreign countries)
of the auction default interest of 1% will be charged for each month or
part thereof. Additionally, all costs incurred by the involvement of legal
counsel and/or collection agencies will be passed on to the buyer. If the
buyer defaults on payment or refuses to purchase the auction items, the
items may be sold or put up for auction again in the buyer‘s name and on
the buyer‘s account without any further notification. In such a case, at the
auctioneer‘s discretion, the debtor is liable for any lost profit or for com-
pensation amounting to 30% of the knocked-down price; the debtor has
no claim to any additional profit and will be barred from further bidding.
The auctioned goods will only be delivered after full payment of the invoice
amount. If delivery takes place at an earlier point in time, ownership of the
goods will be retained until full payment of the purchase price. Auctioned
items are shipped at the expense and risk of the buyer. Upon dispatch by
mail the sender has fulfilled all requirements for delivery.
All items up for auction are second-hand. Photocopies of lots can be reque-
sted prior to the auction deadline. Black & white copies are available for the
cost of postage. Colour copies are EUR 2.50 for DIN A4 and EUR 4.00 for
DIN A3 plus postage.
The auctioneer is not liable for any defects. Catalogue descriptions are pro-
vided to the best of our knowledge and belief but do not represent assured
characteristics pursuant to sections 459 ff. German Civil Code (BGB). Nor
can they be the basis for complaints or demands of any kind. Wear and
tear or minor damages are not necessarily included in catalogue descrip-
tions. Legitimate complaints must be reported no later than seven days
from delivery of the auctioned item. Complaints are inadmissible if modi-
fications of any kind have been made to the relevant lots. No complaints
against the auctioneer will be considered once the knockdown has been
made. The auctioneer is entitled to change the set order, to split, combine
or withdraw numbers, as well as conditionally make or reject the knock-
down. The above auction terms and conditions are also valid for all auction
lot transactions taking place outside of the auction, especially post-auction
sales. Parts of the auction terms and conditions may be suspended by the
auctioneer for compelling reasons at any time. In such cases, the remai-
ning parts shall remain effective.
Place of fulfilment and jurisdiction for both parties is Munich.
The auctioneer
Auctioneer: Matthias Schmitt, Ingelsberg 17b, 85604 Zorneding
Auction terms and conditions
Anfahrt
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