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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 Versteige-
rungsbedingungen).
The auction is conducted voluntarily on behalf of a third person
for third-party account on the basis of consignment contracts.
The auction is operated by the company HWPH Historisches
Wertpapierhaus AG, Ingelsberg 17b, 85604 Zorneding.
The auction terms and conditions are acknowledged by the writ-
ten submission 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 submitting 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 up
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 „Mul-
tiauktion“ 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 auction. The successful bid-
der is obligated to accept and pay for the item(s). All risks, espe-
cially 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 18% of the hammer price.
Value-added tax (VAT)
at the current rate of 19% will be added to commission and ship-
ping 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 con-
clusion of the auction, the successful 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 the-
reof. 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 auc-
tion 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 compensation 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 ful-
filled all requirements for delivery.
All items up for auction are second-hand. Photocopies of lots can
be requested 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 descrip-
tions are provided 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 descriptions.
Legitimate complaints must be reported no later than seven days
from delivery of the auctioned item. Complaints are inadmissible
if modifications 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 knockdown. 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 remaining 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