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CONDITIONS OF SALE

1. The auction is voluntary and takes place on the basis of the vendor’s
instructions. It is undertaken by us in our own name for the account of
third parties. At the back of the catalogue for Rare Books you will find the
list of consignors.
2. The terms of payment are cash payment in EURO. Public institutions and
libraries are granted four weeks credit.
3. Bidding commences at approximately two thirds of the estimate, when a
higher reserve price has not been set by the vendor. Bidding will not start
below 2/3rds of the estimate. Bids are raised by 5-10 % in each instance.
Lots are knocked down to the highest bidder if no higher bid is received
after three times of asking. In the case of two equal bids, the buyer is determined
by drawing lots. If a difference of opinion regarding a hammer
price cannot be resolved at once, the lot in question will be resubmitted
for auction immediately. The auctioneer reserves the right to auction lots
out of sequence, to split lots, to combine separate lots, to withdraw lots,
and to knock down conditionally. He is entitled to reject bids, either written
or verbal, where appropriate security or satisfactory references have
not been supplied prior to the auction.
4. A premium of 27% will be added to the hammer price. This includes the
Value Added Tax, calculated according to the Margin Tax Scheme. This tax
will not be shown separately on the invoice. For catalog items marked with
an asterisk (*) the value added tax of 7% (books), for items marked with
an “#” the value added tax of 19% (other items according to German law)
will be added to the combined hammerprice and premium of 20%. Buyers
from third countries (i.e. outside the European Union) are not liable to VAT
and trade buyers from EU-countries who have VAT Identification Number,
registered with us before the sale, will be freed from VAT for all trade purposes
if the mailing of the goods is handled by us. All other EU-buyers are
liable to VAT. If the goods are picked personally by the buyer VAT will be
charged. Invoices issued during or immediately after the auction are temporary
and are subject to later control. For works of art (after 1900), the
costs resulting from the droit de suite under sec. 26 of the German Copyright
Act shall be charged to the Purchaser proportionally at a rate of 1%
of the accepted bid.
5. The buyer is liable for acceptance of the goods and for payment. Agents
are jointly and severally liable with their principals. Ownership only passes
to the buyer when full payment has been received. The buyer, however,
immediately assumes all risks when the goods are knocked down to him.
6. Auction lots will, without exception, only be handed over after payment
has been made. Storage and dispatch for non-local buyers are at their
expense and risk. Charges for dispatch, packing and insurance are billed
separately. Dispatch is made only after receipt of payment in full. In the
event of delayed payment, the buyer is liable for all resultant damages, in
particular interest and exchange losses. If the buyer fails to make payment
in full within two weeks after the final day of the sale, we shall be entitled
to charge interest at a rate of 5% for private customers and 8% for commercial
customers, or to cancel the sale, to resell the property, to set off
any amounts which we may owe the buyer in any other transactions, and
to commence any legal proceedings to the fullest extent permitted under
applicable law.
7. All objects put up for auction can be viewed and examined prior to the
auction at the times made known. Greatest care is taken with the catalogue
descriptions, these however do not grant legal guarantee. The objects are
second hand. The actual condition of the Objects when the hammer falls –
including paper discoloration, missing pages, the lack of original binding
or closings as well as notes from prior owners or similar (signatures, ex
libris, stamps) – shall be deemed part of the agreed specifications of the
Objects. The catalogue descriptions – in German and/or English – shall be
provided to the best knowledge of the Auctioneer but shall serve exclusively
for information and description of the Objects. They shall not be deemed
part of the agreed specifications of the Objects.
8. Claims must be registered within three days of the receipt of the goods.
The auctioneer accepts no liability for defects. He will however accept
responsibility, in respect of properly founded claims for defects made
within the term of limitation of twelve months, for making claims for restitution
against the vendor. In the event of a successful intervention the auctioneer
will reimburse the payer for the price of purchase.
9. Nosbüsch & Stucke GmbH will execute written bids for the buyer at
no charge. Telephone, telegraphic and faxed bids must be confirmed in
writing. For absentee/written bids the buyer authorizes the auctioneer to
execute his bids. For telephone bidding during the auction a staff member
will execute the buyers bids as advised on the telephone. For Post Auction
Sales the buyer will relay his limit price orders for unsold lots either
in writing or per telephone. In aforementioned cases the rules for distant
selling contracts (§§ 312b-312d BGB) do not apply. The auctioneer
accepts no liability of any nature for bids received later than 24 hours
before the commencement of or during the auction; for bids duly received
and through negligence not carried out only to the extent of the estimate.
Errors in transmission and postal delays are at the buyer’s risk.
10. The place of fulfillment and jurisdiction is Berlin-Charlottenburg.
German law applies exclusively. The provisions of international business
law are expressly excluded.
11. Should one or the other of the above conditions become wholly or partly
ineffective, the validity of the remainder remains unaffected.
12. By making a bid, either verbally or written, the bidder confirms that he
has taken note of the terms of sale by auction and accepts these.
13. These Terms of Auction are available in a German and an English
version. In the event of any inconsistency, the German version shall
control, in particular with regard to the interpretation of statutory terms
and catalogue particulars.

September 2016
The Auctioneers
Manfred Nosbüsch, Harald Stucke, Dieter van Reimersdahl