Konv. 96 Schuco Metal Modellfahrzeuge in 4 Händlerkartons (1 Karton beschädigt, Deckel fehlt), dabei

AS109 | AS109

Conditions of Business

1. Except for the selling of property of his own, the auctioneer acts as agent for
the seller. Unless otherwise agreed, sales of goods result in contracts made
between the seller, through the auctioneer, and the buyer. Lots are sold in the
ordering of the catalogue. Each lot is numbered. Name and address of buyer,
the seller respectively, can be obtained after the sale.
2. The auctioneer has the right to withdraw or divide any lot. He may change the
sequence of the items to be sold, exclude persons from the salesroom or refuse
any bids and, in the case of error or dispute, put an item up for bidding
again.
3. All lots are available for personal inspection prior to the sale. Dates and times
are indicated in the catalogue. Prospective buyers are strongly advised to examine
personally any goods in which they are interested. Catalogue descriptions
are merely statement of opinion. The items are described to the best of
our knowledge, sometimes with the consultation of relevant literature. The
charge represents a subjective estimation.The depiction does not represent
statements of definitive fact in accordance with §§ 443 BGB (German Civil
Code). So the auctioneer is not liable for defects of items. Claims of any kind
and legal argument cannot be considered after the item has been knocked
down. Unless stated in the description, items are not tested for functioning.
Transformers and switchgear do not meet with modern electricity standards.
They are sold as collector's items. The auctioneer cannot be held responsible
for the technical safety of the goods. Steiff toy animals are sold without buttons,
labels or flags unless special reference is made. The purchase of goods
sold in one lot cannot be cancelled. When mixed lots that contain more then
10 pieces are described the quantity is stated in ca. The condition will be only
checked (reviewed) by random
4. As long as the consigner and the (successful) bidder do not make contrary
statements they insure that they acquire the catalogue and the items offered
in that, affecting the time from 1933 to 1945, that comes under §§ 86, 86a
StGB, only for certain purposes, that are described in detail in § 86, clause 3
StGB. Which are: Civic information / education, Protection from unconstitutional
and anti-constitutional attempts, Scientific and art-historical research, Information
and report on development of events of the day or military-historical
/ regimental science. The consigner / the auctioneer offers the items only
under those premises. By making a bid the bidder obligates himself to purcha
se the items only for the reasons mentioned above. In additions to that he
commits not to use them in a propagandistic matter, especially for those
brought up in § 86a StGB.
5. Oral or written bids must be made in Euro. Bids in writing must be submitted
one day before the auction at least. Bids are advanced not less than at 10%
increments. The auctioneer has absolute discretion to alter the way he increases
the bids. The catalogue price is the reserve price. Bids below reserve price
are not considered. Lots without reserve price (O.L.) are knocked down to
the highest written, oral or telephone bid.
6. The third striking of the auctioneer's hammer marks the acceptance of the
highest bid and the conclusion of a contract for sale between the buyer and
the seller represented by the auctioneer. Objections must be made immediately,
and if so, the item is again put up for bidding. In case several bids are made
to the same amount, the auctioneer will decide by lot.Shipping happens by
DHL - packages at customers risk
7. Purchase of a lot means the obligation to collect it. Thus the goods will be at
the buyer's risk immediately. It is for the buyer to cover the risk of loss, theft,
damage or destruction of his purchase.
8. Items sold will be retained until all amounts due to the auctioneer have been
paid in full. Storage will be arranged at the buyer's risk and expense.
9. Buyers present at the auction will have to pay cash the purchase price, i.e. the
hammer price plus buyer's premium plut VAT on buyer's premium, on the day
of the auction to the auctioneer or any authorized person. Absent bidders will
receive invoice comprising the hammer price plus buyer's premium and VAT,
payable within the period indicated on the invoice. Shipment of items will be
effected at buyer's expense upon receipt of credit note from the buyer's bank.
Forwarding expenses, i. e. postage and handling are calculated on the knoc
king down total and the destination. Within Germany, they are EUR 10,-, EUR
15,-,EUR 20,-, EUR 25,- and EUR 30,- for total amounts of up to EUR 500,-,
EUR 2.500, EUR 5.000,-, EUR 10.000 and EUR 15.000,-. The corresponding
rates are EUR 20,-, EUR 30,-, EUR 40,-, EUR 45,- and EUR 50,- for European
countries and EUR 50,-, EUR 60,-, EUR 70,-, EUR 80,- and EUR 90,- for over
seas. These rates of our partner carriers are valid for one parcel only. For our
foreign customers each additional parcel will be invoiced separately. Our German
customers will receive it as unstamped parcel. Extra insurance is at buyer's
expense. The above rates are not valid for bulky goods for which the
buyer will have to pay the actual costs.
10. The buyer's premium of 19% of the hammer price plus 19% VAT on the premium
brings the auctioneer's commission to a total of 22,61%. There is an additional
fee of 1 Euro per lot for bids in writing. The amount for VAT on commission
and extra costs will appear separately on the invoice. Invoices issued
during the auction sale can be subject to error and need immediate checking
by the buyer.
11. Complaints about obvious defects must be made to the auctioneer immediately
but not later than two weeks after the sale. They will be transmitted to
the seller.
12. If the buyer fails to meet the term of payment, the auctioneer is entitled to exercise
the following rights or remedies:
- to charge interest at a rate of 1,5% per month on the full amount due to
the extent the purchase remains unpaid.
- to arrange storage at a rate of 15 Euro per month at the buyer's expense.
The buyer is at liberty to prove that those costs have not arisen or are less
than claimed.
- to cancel all rights of the buyer deriving from the purchase of the lot.
- to rearrange a resale of the lot, and if this results in a lower price being
obtained, claim the balance from the buyer together with any costs incurred
in connection with the buyer's failure to make payment.
- to claim overall damages at a rate of 25% of the hammer price due to the
loss of commission.
- to reserve the right to claim the payment of higher expenses. The buyer is a
liberty to prove that the actual costs are lower than claimed by the auctioneer.
13. The auctioneer is entitled to issue proceedings on behalf of the seller against
the buyer to recover the full amount due together with the costs of such proceedings.
14. Claims for damages against the auctioneer due to delay, absence of results
through inactivity, definite breach of contract, false contracting, unauthorized
action and compensation for damage caused by sold lot will not be awarded
unless caused deliberately or through gross negligence. The auctioneer is not
liable for paint damage caused by stickers.
15. Due to a steadily increasing number of written bids, mistakes might occur in
the processing and copying of data. This might eventually lead to the rare fact
that a lot is not knocked down to the highest bid. As the auction house cannot
be held responsible for that, it therefore refuses to pay any kind of compensation.
16. The above provisions are also valid for the free sale following the auction.
17. Every visitor will be held responsible for any damage he causes. Our sales take
place on our own premise over which we have control. The auctioneer may
exclude persons from the premises or attendance at an auction without giving
reasons.
18. The copyright in all images, illustrations and written material relating to a lot is
owned exclusively by the auctioneer and the seller at the time of publication of
the catalogue. All alienable and inheritable rights of exploitation and utilization
as well. These rights shall not be used by the buyer or any other person. The
buyer must at no time, even after the auction, use the pictures and texts from
the electronic media and the catalogue. Each violation of this agreement justifies
claims of damage against the buyer without the prerequisite of proof.
19. In spite of the usage of latest technologies photos possibly maintain color deviation.
Unfortunately we can not guarantee accuracy of color reproduction.
Thus we strongly advise to examine personally any goods in which you are interested.
Complaints due to color deviation are not accepted.
20. Persons taking part in the auction sale accept the above terms upon making
an oral or written bid.
21. Both sides agree to submit the exclusive jurisdiction of the court in Worms,
Germany.
22. If any of the clauses of the present conditions of business is found partly or
totally invalid, the remaining clauses shall remain unaffected and continue to
be fully valid.
23. In case of doubt, the German version of these conditions of business is the
relevant and binding text.
24. All prices are expressed in EURO.
Conditions of Business
If, by mistake, a picture and its corresponding text carry different
numbers, the number of the text shall prevail.
Published by:
Auktions- & Pfandleihhaus exclusive GmbH,
Weinbrennerstrasse 20, D-67551 Worms-Pfeddersheim
Realisation:
K-TOWN providing - Internet Solution Service GmbH,
Feuerbachstr. 21, D-67659 Kaiserslautern
Copyright:
Auktions- & Pfandleihhaus exclusive GmbH,
Weinbrennerstrasse 20, D-67551 Worms-Pfeddersheim