Conditions of auction

This English version of the general condition was translated by Google Translator. Therefor please expect errors and misstranslations in the English version. Please notify, that the German version (see at the end) is the only valid version.

General Conditions ( AUCTION AND SALE )

§1 Scope
1. The following clauses apply to the auction on the spot (live auction), the auction on the Internet (online sales) and for the private sale.
2. By participating in the auction or sale of the participant accepts the following terms and conditions as well as their exclusive validity. Any conflicting purchasing conditions of the bidder / buyer will not be accepted.
3. All offers are aimed at commercial customers and are therefore shown as net prices.
4. The auctions are publicly accessible auctions within the meaning of § 474 (2) 2 BGB and § 312g (2) No.10 BGB. There is no right of revocation in the case of a sales contract that has been concluded.

§2 Eligibility
1. To participate in auctions are only juridical persons and unrestrictedly competent natural persons who have attained the age of 18 years, be entitled.
2. To participate in the auction the correct and complete filling of the registration and the submission of a valid identity card or passport or sending a legible copy of these documents is necessary.
3. For obtaining a bidding card optionally one, on auction day made known to deposit a deposit.

§3 Auction / Sale
The sold in the name and for the account of the buyer or consigner.

§4.1 conduct the auction on the spot
1. The bid of the highest bidder if after three exclamation no higher bid is made. After winning the bid, the buyer has to give his name.
2. The auctioneer determines the amount of each Bidding at his discretion for the entire auction or for individual items.
3. Each bid may be rejected without giving reasons. The auctioneer is not obliged to inform the tenderers from the failure to take account of its bid in knowledge.
4. Each contract may be conditional. A reservation is only spoken by the auctioneer and commits the tenderer so long to his bid until the auction cancels the reservation or can exist and thus the commandment assumes or rejects, however, a maximum of ten working days. This is especially true when the fixed reserve price is not reached.
5. Enter several bidders at the same time a bid of the same amount from, the auctioneer decides on the award.
6. With respect to any disputes or doubts about the validity of the highest bid, in particular if the winning bidder does not want to accept his bid or if there is a doubt about the contract, the decision of the Auctioneer shall apply solely to submit to the mitbietenden at the auction participants. The auctioneer may optionally cancel the contract and bids once the object.
7. The highest bidder is bound to his bid, the auctioneer may award the contract subject.
8. As a rule, will be auctioned off by consecutive numbers. The auctioneer reserves the right to combine catalog numbers, to separate, to call in a currency other than provided for in the catalog order or withdraw.
9. The amount of the minimum bid is determined by the auctioneer at his discretion for the entire auction or for individual pieces.
10. Written bids must be received 2 working days prior to start of the auction and the object using the Position number of auction catalogs and a brief description of call clearly and unequivocally at the latest. Ambiguities and inaccuracies shall be borne by the tenderer. The bid will only be considered if it is received by the auctioneer together with the completed fully and in a sufficient amount and stamped by the bank holding the account and signed Cheque confirmation.

§4.2 implementation of the Online Auction
1. By confirming the bid entry gives the bidder a binding and irrevocable bid.
2. The contract issued by the auctioneer to the, immediately at the time of expiry of the bid time online, highest bidder by e-mail. This confirmation email is the hammer in the sense of §156 BGB.
3. The bid is increased during the online bidding time by entering the bidder in predetermined bidding steps. If a bid that exceeds the previous bid is made within the last two minutes of the bidding time, it will be extended by three minutes. Basically, the system time of the auctioneer is decisive.
4. Every bid can be rejected without giving reasons. The auctioneer is not obliged to inform the bidder that his bid has not been considered.
5. Each award can be granted with reservation. A corresponding note appears in the item description during the bidding process. In this case, the bidder is bound to his bid for 2 weeks and does not receive a confirmation of the award by email or an award sent by email is automatically deemed to have been awarded with reservations. This binds the bidder to his bid until the auctioneer lifts the reservation within these 2 weeks and thus accepts the bid (sales contract subject to precedent). If the bidder does not receive the waiver of the reservation within this period, the bid is automatically deemed to be rejected.
6. With respect to any disputes or doubts about the validity of the highest bid, in particular if the winning bidder does not want to accept his bid or if there is a doubt about the contract, the decision of the Auctioneer shall apply solely to submit to the mitbietenden at the auction participants. The auctioneer may optionally cancel the contract and bids once the object.
7. As a rule, will be auctioned off by consecutive numbers. The auctioneer reserves the right to combine catalog numbers, to separate, to call in a currency other than provided for in the catalog order or withdraw.
8. The amount of the minimum bid is determined by the auctioneer at his discretion for the entire auction or for individual pieces.

§5 Liability / Warranty
1. The goods offered as part of the auction or private sale are used as a rule. There is an opportunity to examine the items professionally. The items are sold to the exclusion of warranty in the same condition as they were visited or could be visited. The seller is not obliged to procure the goods free of defects; a certain condition has not been agreed. A liability for defects of any kind is excluded. The purchaser is not entitled to the rights under §§ 437 ff. BGB.
2. The statements made to the best of my knowledge and belief information in the catalog or selling exposé are not warranted characteristics acc. §§ 459 ff. BGB and understood as non-binding. This is especially true for information on specifications, dimensions, weights and construction. A liability for the quality, condition, completeness, hidden defects or special features will not be accepted. The seller is not liable for the accuracy of the information.
3. Entry to the auctions and sales area for the purpose of the visit, the participation in the auction, sales deal or pick at your own risk. A liability of the Auctioneer or the seller is excluded.
4. All visitors / participants viewing and auctioning / sales event and the pick-up are liable for damage caused, of whatever kind. The commissioning of equipment and facilities is strictly prohibited. The polluter, failing that, the bidder / purchaser as principal of the tortfeasor liable for accidents and damage to buildings, foreign objects etc. during the pick-up / dismantling.
5. Any liability for advertising messages by the manufacturer is excluded.
6. The sale is from the respective location of the object. The dismantling and removal of the purchased goods at the expense and risk of the buyer / purchaser. For objects that damage to property and / or property may cause third parties, the auctioneer / seller retains the right to prove this with a deposit. The respective positions and the bail will be announced during the auction.
7. Claims for damages against the auctioneer , his legal representatives, employees , vicarious agents in connection with the visit , auction , pickup or the conclusion or execution of the purchase agreement are - for whatever legal grounds - are excluded . This does not apply for other damages that are based on an intentional or grossly negligent behavior , with damages resulting from injury to life, limb or health even in negligence , the auctioneer , his legal representative or his agents . These principles also apply for damage incurred during the visit of the auction items . The liability of the Auctioneer is a non-contractual obligation by negligence, is limited within commercial trading to the foreseeable damage .

§ 6 Payments / Prices
1. All prices are net prices in EURO plus a surcharge of - unless otherwise stated - 18.0% of the highest bid or purchase price. The current statutory value added tax applicable at the time of the knockdown is charged on the sum of the bid or purchase price and the premium. For positions that are subject to differential taxation according to § 25a VAT is only to pay on the premium.
2. The prices for each item are without dismantling and unloaded from foundation or site. Dismantling, loading, delivery will be for value on demand.
3. The purchase price receivables are due for payment immediately. The full purchase price payment shall be made after knocking down on the auction day in cash or by a confirmed irrevocable Verrechnungsscheck. The acceptance of checks is carried out on account of performance. The auctioneer may refuse acceptance of crossed checks, without giving any reasons and instead insist on payment in cash and in EURO (eg foreign buyers).
4. In the case of online auctions, the invoice is usually due within 3 days for payment by bank transfer. Deviating payment deadlines and methods of payment can be unilateral by the auctioneer.
5. In the case of private sale, the purchase price is due for payment upon conclusion of the purchase contract.
6. If the buyer does not meet his payment and / or purchase obligations, the seller is entitled, after a single reminder with a deadline, to recycle the object of purchase. The first buyer is not allowed to make a further bid. He remains liable for the shortfall in proceeds, he is not entitled to any additional proceeds. Offsetting is not permitted.
7. Sales to EU residents can only be made free of sales tax on presentation of an officially confirmed and verified sales tax identification number. You will be asked to leave a bank-guaranteed check.
8. Buyers from countries that do not belong to the EU pay the VAT on the auctioned or purchased goods to the auctioneer as a deposit. The VAT will be reimbursed upon presentation of the complete and properly stamped original export documents. For the processing of export declarations, EUR 100.00 plus VAT will be charged per process.
9. We charge a processing fee of EUR 20.00 for any changes of address requested after the invoice has been issued.
10. The invoices issued at auction, post-sale or free sale are expressly issued subject to special review and correction. Errors are reserved.

§7 handover arrangements / transfer of risk
1. The handing over of the auctioned or freehand purchased goods takes place only after full payment of the purchase price, commission and VAT. In Cheques handing occurs only after bank confirmed credit of the invoice amount.
2. The buyer is obliged to timely acceptance of all the auctioned or purchased items. The pick-up time limits, refer to the auction catalog or Online Auction Description or invoice.
3. The auctioned / sold goods including mitverkauftem accessories apply and additional or upon receipt of e-mail notification about the receipt of the award of an online auctioned position as handed over to the buyer, which also include liability and risk of accidental destruction and loss of or damage etc. passes through water, fire, storm, theft to the buyer. The same applies in the case of a private sale for the conclusion of the contract.
4. A possible dispatch of the purchased item at the expense and risk of the buyer, the auctioneer determines in its sole discretion of shipment and shipping agents. For permissible Delivery by personal vehicles and agents of the auctioneer's liability is limited to intent and gross negligence.

§8 delay
1. If the purchaser is in default with a payment, the auctioneer, without prejudice to further claims may demand default interest at the standard bank rate for open current account.
2. If the auctioneer after a set by him with the threat of rejection of grace has expired without, damages for non-performance and the object is auctioned again / sold, the buyer is liable, extinguish the rights from the previous surcharge, in addition to the costs for the storage of auction item both for the loss of remuneration (premium and a discount) the auctioneer from the original auction as well as for the failure. There are no claims of the bidder on profit achieved.
3. The collection dates stated on the Internet, in the auction catalog or on the purchase invoice must be strictly adhered to. A separate collection date can be arranged on request. For a separate collection date, an expense allowance of at least 300 euros, payable in advance, will be calculated according to the actual effort. If the acceptance date is exceeded, the auctioneer may grant a grace period with the proviso that at expiry of this period, damages for breach requires, or is withdrawn from the contract. In this case, the article may also be provided again be exploited, that the damage of the auctioneer can be calculated in the same manner as in the case of default by the purchaser under § 8 no. 2 described.
4. Should the Auctioneer in default, its liability for damages in commercial transactions in the case of slight negligence is limited to an amount of 50% of the foreseeable direct damages. Liability for indirect damage is excluded for slight negligence. Further claims for damages exist only if the delay is based on intent or gross negligence.

§ 9 Retention of title
The ownership of the auctioned or purchased item is only after full payment of the purchase price plus premium and VAT to the buyer . If the buyer , so the transfer of ownership until all existing at the time of the award or conclusion of the contract claims of the Auctioneer / seller against the bidder / purchaser remain reserved. The Auctioneer is not obliged , moreover , to publish the auction item until full payment of all by the purchaser at the time of the bid / contract conclusion amounts owed. The auctioneer is entitled to take back the goods if the buyer breaches the contract .

§10 resale Irrespective of the time of transfer of ownership of the thing to the bidder / purchaser, the transfer of ownership by the buyer to a third party is permitted only with the fulfillment of all obligations arising from the purchase. A breach of this clause commits the bidder / purchaser to replace any breakages.

§11 Miscellaneous
1. The operation of appliances and equipment during the tour and auction / sales event is strictly prohibited.
2. The auctioneer shall be entitled to collect and sue in his own name for invoices of the client purchase money and ancillary claims.
3. The law of the Federal Republic of Germany shall apply to the legal relationship between auctioneer and bidders / buyers; the provisions of the uniform sales law (BAG / EKG) shall not apply.
4. The auctioneer reserves the right to refer without stating reasons people from auctions and sale and / or to refuse entry to the auction.

§12 Privacy
1. The Bidder authorizes the Auctioneer through its application to collect personal data, store, process and utilize for its own purposes.
2. The auctioneer is committed to protect and treat personal data confidentially the privacy of the tenderer.
3. The tenderer may at any time obtain information about the data stored by him.

§13 Severability
Should one or more provisions of these terms and conditions are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the invalid provision with the economic content and purpose. Should a partial clause become invalid, the validity of the remaining clause remains unaffected if they can be separated from the ineffective portion clause, moreover, out of itself is of course content and the overall structure of the contract results in a lasting and reasonable regulation.

§14 Applicable law, fulfillment and jurisdiction
1. The implementation of the auctions and sales as well as these Terms and Conditions are governed by German law.
2. Place of performance for the delivery of the purchased objects, the respective location of the objects.
3. performance for payments is the seat of the commercial operation of the auctioneer.
4. If the buyer is a registered merchant, a legal entity of public. Law or a öffentl.-rechtl. Fund, the jurisdiction Amberg deemed to be agreed.


Industrie Auktionen Bernhard Maier
Fuggerstr. 23
D-92224 Amberg

Date: 03/15/2021