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Conditions for Public Auction and Sale (09/2012)

  1. By taking part in the auction, the participant expressly acknowledges the following terms of auction.
  2. The individual objects shall be sold in the condition that they are in at the time of auction/ private sale and are not covered by warranty of any kind. Any and all claims are expressly waived. No guarantee shall be given for a particular quality; no warranty shall be given for defects, faults, damage, completeness, or other particular characteristics. Technical information, data, dimensions, declarations of amount and year of construction are not binding and as such are not warranted characteristics.
    Prior viewing of the objects for sale is expressly required.
  3. We reserve the right to make changes to the positions. Likewise, the auctioneer shall have the right to withdraw, summarize, or divide position numbers.
  4. A lot is knocked down after a bid has been called three times plus a 12 % auction fee and the statutory value-added tax on the net amount.
  5. The amount of the bids shall be determined at the discretion of the auctioneer for the entire auction or separately for individual items.
  6. If two or more people simultaneously make one and the same bid and the call for a further bid is unsuccessful, the auctioneer shall decide. Should disputes arise concerning the most recent bid, the object shall be put up for auction again.
  7. The highest bidder shall be bound by his or her bid, whereas the auctioneer shall have the right to knock a lot down only on condition or to reject an offer without citing reasons.
  8. If the bidder is buying on behalf of a client, said bidder shall also be liable as a principal.
  9. In order to ensure the execution of written bids, the aforesaid deposit or confirmation has to be received by the Auctioneer at least 24 hours before the auction. Exact details of the person or the name of the bidder and the lot number are required for a valid submission of a written bid.
  10. Upon the fall of the hammer, the object of sale shall be transferred to the purchaser, along with any liability and risk of accidental destruction, loss or damage through fire, water, storm, theft or burglary.
  11. The purchaser shall acquire title, however, only after payment has been made in full and the payment means have been honored.
  12. The purchaser shall be obliged to take over a lot knocked down to him or her.
  13. Payment for the objects purchased, plus the auction fee and value-added tax, must be made in cash on the day of auction by check issued by the LZB (Landeszentralbank) or by check with an irrevocable bank confirmation, if no other order has given. If the purchaser fails to fulfill this obligation, the object of purchase shall be re-auctioned. The first purchaser shall not be allowed to bid again and shall remain liable for any loss. He or she shall have no entitlement to any profit. Offsetting shall not be permissible.
  14. All payments must be made only to the auctioneer or to employees authorized by him.
  15. The auctioneer shall have the right to collect or sue for the price of sale and any supplementary payments in his own name for the account of the principal.
  16. Invoices issued during or directly after the auction shall require a repeat verification due to overburdening of accounting staff. Errors shall remain excepted.
  17. Payment by check shall be accepted only in connection with an irrevocable bank confirmation.
  18. The goods purchased at auction must be collected in full within the deadlines given. Should the deadline for collection be exceeded, the purchaser shall be liable for any and all consequential costs, e. g. continued storage, disassembly, and any offsite storage.
  19. The purchaser shall be solely responsible for disassembling and transporting the objects of purchase.
  20. The purchaser shall be liable for any and all damage caused by him or his agents.
  21. No liability shall be assumed for accidents during viewing, auction, or collection.
  22. Errors and printing mistakes shall remain excepted. Moreover, no warranty shall be issued for the accuracy or the conformity between technical data and photos, as well as the individual position numbers.
  23. The aforementioned terms shall be component to each purchase agreement (invoice) for objects auctioned and privately sold by the auctioneer.
  24. Place of performance and court of jurisdiction shall be Leipzig. The law of the Federal Republic of Germany shall apply; The United Nations Convention on the International Sale of Goods (CISG) shall not apply. The costs for any prosecution abroad shall be borne by the purchaser, in so far as these are not reimbursable under the law of the particular country.
  25. Severability clause: Should individual provisions of these Conditions for Public Auction and Sale be legally unenforceable in part or whole, the validity of the remaining provisions shall not be affected. An invalid or unenforceable provision shall be reinterpreted or supplemented so that the intended commercial purpose is met. Verbal agreements must be confirmed in writing by the auctioneer in order to be valid.

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