Conditions
By participating in the auction the following conditions are accepted:
1. The auction is voluntarily. The auctioneer acts as a commission agent on behalf of his own and for the account of the clients (principals). There is no right to disclosure of principals.
2. The auctioneer reserves the right to combine, separate, offer outside chronological order, or withdraw single lots.
3. Any objects to be auctioned can be inspected and checked before the auction. They are used and are auctioned in the same state as they are at the moment of award, without any liability or obligation for apparent or hidden defects or ascriptions. Descriptions in the catalogue are neither assured conditions as defined by § 434, sect. 1 BGB, new wording, nor an assured guarantee as defined by § 443, sect. 1 BGB, new wording. The auctioneer is not liable for defects as far as he observed due care incumbent on him for description of objects to be auctioned. He commits, however, to enforce his guarantee claims against the principal within the period of limitation in case of justified notice of defects made in time. In case of successful claims against the principal the auctioneer will indemnify the purchaser.
4. The award is granted if after three calls of a bid no overbid is made. Usually, it is bid by 10 %. If several persons offer the same bid, the award is decided by drawing lots. If there is any disagreement about an award, it is entirely up to the auctioneer to repeat an award immediately in favour of a certain bidder or call the object again. The auctioneer is authorized to repeal the award and call the object anew if by mistake a higher bid offered in time had been overlooked and the bidder had immediately protested, or if there are any other doubts about the award. In spite of a bid, the auctioneer is only liable against the bidder because of non-granting the award if he has been guilty of wilfulness or gross negligence.
The award imposes the obligation to buy and pay. When the award is granted, any risk of damage, loss, mistake etc. is passed on to the buyer, ownership only upon receipt of full payment. Every bidder buys on behalf of his own and for his own account, unless he proves evidence of authorization attested by a notary.
5. An agio of 25 % is imposed on the bid price. From 01-01-95 difference taxation is in force.
6. Is an award granted only subject to confirmation, the bidder is bound to his bid for a period of four weeks. If he does not get unreserved award within this period, it expires. Is no reservation to be assumed, the object can be sold to the limit bidder without checkback.
7. Invoices made out during or immediately after the auction are subject to special checking and correction if necessary due to limited capacity of the bookkeeping department. Errors excepted, oral information without written confirmation is non-binding.
8. Bidders who participate personally in the auction have to pay the sum total immediately in cash or by bank confirmed cheque in Euro to Versteigerungshaus Hugo Ruef (auctioneer). Purchases by written order are subject to payment within 10 days after date of invoice. Cheques are accepted only for payment. Due to legal insecurities, bids via e-mail cannot be accepted.
9. Objects bought at the auction are delivered only after due payment. If payment is not received in time, the buyer is liable to all damage resulting thereof, even without any reminder. Respite is not granted. An interest of 2 % per month commenced is charged for delayed payment. The buyer is free to prove minor damage.
10. The Versteigerungshaus Hugo Ruef (auctioneer) may demand either fulfilment of contract of sale or damages because of non-fulfilment and, irrespectively, auction the object again at the expense of the buyer. In this case, the buyer whose rights from the previous award expire is liable for any loss, but has no claim to any surplus receipt and is not admitted to any further bid.
11. Objects bought at the auction have to be collected within 3 days, otherwise the objects will be deposited with a forwarder without any reminder at the risk and expense of the buyer. The auctioneer rejects any liability for damage, loss or mistake. Any delivery is at the risk and expense of the buyer.
12. For customers who cannot participate personally in the auction, written orders are accepted and executed by the auctioneer in the interest of the customer. Orders have to be placed at the latest when the inspection is over.
13. The auctioneer does not guarantee the correct and complete transfer of the respective data into the auction documents. Besides any guarantee claims, the liability of the auctioneer under this contract is limited to wilfulness and gross negligence. Any claim for damages for indirect or consequential damage is excluded.
14. These conditions shall be governed by German Law only.
The Convention on Contracts for International Sale of Goods (CISG, BGBI II 89, p. 588) is excluded. It is explicitly agreed that place of payment and performance as well as place of jurisdiction is Munich in case that
a) the parties of the contract are businessmen as defined by the Code of Commercial Law;
b) the party to be sued moves its residence to a place outside the jurisdiction area of German Civil Law, or its residence is unknown at the time of action;
c) the party has no general place of jurisdiction in Germany.
15. The conditions hereof are also valid in case of the auctioneer’s later private sale of objects to a buyer.
