Auktion156-Numismatik
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General auction conditions<br />
Which are also applicable exclusively without written<br />
acknowledgement upon submission of personal or written bids.<br />
1. The auctioneer acts in his own name for the<br />
account of his client, who remains anonymous.<br />
(as commission agent)<br />
2. During the auction, the auctioneer reserves the<br />
right to combine or separate the lot numbers of<br />
the catalogue, to offer these out of sequence or to<br />
withdraw them.<br />
3. The items to be auctioned can be viewed prior<br />
to the auction. The catalogue descriptions are<br />
given to the best of our knowledge and belief and<br />
are no guaranties according to the Sale of Goods<br />
Act. The auction house accepts no liability for<br />
defects, insofar as it has complied with its duty of<br />
care. Apart from collections, the auction house<br />
does however engage to claim warranty rights<br />
from the supplier for justified claims, which must<br />
be notified to the auction house at the latest<br />
within one week of receipt of the item, within the<br />
1 year period of limitation. In the event of a<br />
successful claim against the supplier, the paid<br />
purchase price, including the buyer’s premium,<br />
will be refunded. Any additional claim, including<br />
compensation for the costs of the claim, such as<br />
postage, inspection fees, etc., is excluded.<br />
4. Knockdown takes place to the highest bidder<br />
after it has been proclaimed three times. In<br />
justified cases, the auctioneer can refuse to<br />
knockdown or to award it subject to a proviso.<br />
The auctioneer can withdraw the knockdown and<br />
offer the item again, where a bid that was made in<br />
time was overlooked or where the highest bidder<br />
does not wish for his bid to stand, or where other<br />
doubts arise as to the knockdown. Where bids are<br />
made to the same value, a written bid has priority<br />
over a bid in the room. Telephoned bids must be<br />
subsequently confirmed in writing. The<br />
Auctioneer will accept no liability whatsoever for<br />
establishing the telephone connection or for the<br />
communication of bids – including those<br />
submitted by e-mail or via the internet. In the<br />
event of a knockdown subject to a proviso, until<br />
clarification with the supplier has been obtained,<br />
the bidder is bound by his bid for a minimum of<br />
six weeks; the same applies where bids lower than<br />
starting price are given and sales of unsold lots<br />
after completion of the auction. Bids such as<br />
“best” also rise by up to ten times the proclaimed<br />
price.<br />
5. Upon knockdown being given, the risk for loss<br />
or damage beyond the control of the auctioneer,<br />
passes to the purchaser. Ownership of the<br />
purchased item only passes to the purchaser<br />
when complete payment has been made to the<br />
auction house.<br />
6. The obligation to accept arises with the<br />
knockdown. The items are to be received<br />
immediately after the auction.If the purchaser<br />
requires shipment within Germany, this shall be<br />
provided at his own expense and, insofar as he is<br />
also a businessman, at his own risk.<br />
7. The sale of auction lots is subject to differential<br />
taxation. The acquisition price forms the basis for<br />
calculating the premium to be paid by the buyer.<br />
A fee of €2 is charged per auction lot. No VAT is<br />
indicated for goods that are subject to differential<br />
taxation.<br />
For buyers in European Union countries:<br />
Consumers pay a standard premium of 23,8%<br />
plus lot fee, postage and insurance.<br />
Traders (as defined in the German VAT Act –<br />
UStG) pay a premium of 23,8% on goods that are<br />
subject to differential taxation (this premium<br />
includes 19% VAT) plus lot fee, postage and<br />
insurance. In the case of goods that are subject to<br />
regular taxation, a premium of 20% is charged,<br />
plus 19% VAT charged on the total sum of<br />
acquisition price, premium, lot fee and postage/<br />
insurance. The movement of goods within the EU<br />
can be exempted from VAT in accordance with<br />
statutory provisions.<br />
For buyers resident in third-party countries<br />
(outside the EU): Buyers pay a 20% premium plus<br />
lot fee, postage and insurance. If Auktionshaus<br />
Ulrich Felzmann GmbH & Co. KG exports the<br />
goods to third-party countries itself, the invoice<br />
will not contain VAT. If the goods are exported by<br />
the buyer him/herself or via a third party, VAT will<br />
be charged and reimbursed on presentation of<br />
the necessary proof of export.In all cases, the<br />
buyer him/herself will assume any import taxes or<br />
customs duties.<br />
A premium of 20% will be charged for gold coins<br />
that are exempt from VAT.<br />
8. The invoiced amount becomes due with the<br />
knockdown and is payable in cash or by means of<br />
a bank certified cheque. Payments by external<br />
purchasers, who have bid in writing or by phone,<br />
become due within one week of the date of<br />
invoice. Where the purchase is made for a third<br />
party, the bidder shall be liable together with the<br />
third party as a joint and several debtor.<br />
9.In the event of a payment delay or refusal to<br />
accept the acquired lots, the buyer shall lose his/<br />
her rights relating to the acquisition price.<br />
Interest of 1.5% per month shall be charged in<br />
the event of a payment delay. In addition, the<br />
auction house can demand, as it sees fit,<br />
fulfilment or, after setting a deadline,<br />
compensation for non-fulfilment. The<br />
compensation can also be calculated in such a<br />
way that the item is auctioned again in a further<br />
auction and the defaulting purchaser is liable for<br />
any reduced proceeds compared with the<br />
previous auction and the special costs for repeat<br />
auctioning, including the fees of the auctioneer.<br />
In the event that sold lots are not paid for in full<br />
within a maximum of three months after the<br />
original auction date, the Auctioneer shall invoice<br />
said purchaser for at least the forgone<br />
auctioneer’s fees as compensation for nonfulfilment.<br />
The onus shall be on the purchaser to<br />
demonstrate that the Auctioneer did not incur any<br />
damages or incurred damages of a significantly<br />
lesser degree than the amount in question.<br />
10. The place of fulfilment and jurisdiction for<br />
transactions between merchants is Düsseldorf.<br />
German law applies; the regulations of the United<br />
Nations Sale of Goods Act do not apply.<br />
11. The afore-mentioned conditions do also apply<br />
to any lot sale after the date of auction. The<br />
regulations of mail order sale do neither apply to<br />
the auction sale nor any sale after the date of<br />
auction. If one of the above mentioned conditions<br />
shall be wholly or partly void, this shall not affect<br />
the validity of the remaining conditions. In case of<br />
any discrepancies between the German and the<br />
English language version of these General<br />
Auction Conditions as well as any lot description<br />
the German language version is relevant.<br />
Status: September 2015<br />
The Auctioneer