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Terms and Conditions for Auctions
- The auctioneer acts in its own name and on behalf of its clients, which remain unknown.
- The auctioneer reserves the right to, while maintaining the interests of the consignor, combine, separate or offer out ofsequence the numbers of the catalog during the auction.
- The items being sold at auction may be viewed and examined prior to the auction. The auctioneer assumes no warranty in the legal sense for the catalog descriptions that were undertaken to the best of its knowledge and in good faith. For collective lots, the data provided for this purpose do not relate to a contractually agreed condition within the meaning of purchasing law, such that complaints are barred. For single lots, if the purchaser is a trader, the purchaser may not assert claims against the auctioneer based on material defects, if the auctioneer has fulfilled its duties of care. However, for justified objections which the auctioneer is notified of at the latest 3 weeks after the conclusion of the auction, the auctioneer shall assert its claims for defects against the consignor within a period of 12 months. In the event of a successful claim, the auctioneer shall refund to the purchaser the purchase price, including any surcharge along with certification and postage expenses (up to a maximum of € 50 per certification shipment); any further claim (including for the reimbursement of certification and postage expenses or interest) is excluded.
- The award takes place after calling out three times to the highest bidder. In justified cases, the auctioneer may refuse the award or issue the award under reservation. It may withdraw the award and once again offer the item for auction if a timely delivered bid had been overlooked or if the highest bidder does not want its bid to be valid or if there are any other doubts regarding the award. Bidding will take place in increments between 5% an 10% of the suggested opening bid or the current bid, depending on the circumstances. In the case of lots offered for bidding, all bids made will be accepted.
- All risks or damages shall pass to the acquirer upon the issuance of the award. Ownership in the item purchased by auction is transferred to the acquirer only upon receipt of full payment by the auctioneer.
- The award obligates the party to acceptance. The items are to be received immediately after the auction. If the acquirer desires shipment, this shall occur at the expense and risk of the acquirer.
- The auctioneer shall receive from the purchaser a commission of 19% of the award price, along with € 2 per lot. The charges for postage and the flat rate for insurance shall be calculated separately for written bidders. Statutory value-added tax of 7% will be added to the award price as well as to the ancillary costs. VAT does not apply to foreign purchases that we send directly to non-EU countries. Exceptions shall be dealt with in accordance with EEC laws. For dealers from the EU area, a turnover tax ID no. that provides exemption from VAT must be communicated with the delivery of a bid. A retroactive change to the billing is not permitted.
- The price for the coins and medals offered is subjekt to the prevailing reduced VAT rate of 7%. For gold and silver coins, however, the VAT rate is 19%. If the total price (Hammer price plus commission) amounts to less than 2.5 times the metal´s instrinsic value. For gold, this value has to be average obtained from the fixing prices determined for a kilogram bar of fine gold at the Frankfurt stock exchange one month before the auction. Collections and consignments are subject to 19% VAT.
- The invoice amount is due and payable upon the award, in cash or by bank-confirmed check. Payments of foreign acquirers who provided their bids in writing or by telephone are due within 10 days from invoice date.
- Upon a delay of payment, interest in the amount of 2% per month is charged as damage caused by default. In all other respects, the auctioneer may alternatively demand performance or, after setting a deadline, compensation for damages due to non-performance; the compensation for damages may also be charged in such a way that the item is once again auctioned off in a new auction and the defaulting purchaser must then pay for any reduced proceeds that might arise compared to the earlier auction and the special costs of the repeated auction (including the fees of the auctioneer).
- Written purchase bids are processed strictly on a discretionary basis. Best or highest bids are bid up to the 5th call. Lots which are offered against “Gebot” are sold at the highest bid. Customers who wish to bid by telephone during an auction must offer at least the estimate price and send in an order in writing prior to the auction. In the event of an inability to reach the customer, the auctioneer shall process the order at the estimate price. For telephone bids, the auctioneer does not assume any guarantee for the establishment of the connection.
- As long as catalog owners, auction participants and bidders do not make representations to the contrary, they warrant that they are acquiring the catalog and the items displayed therein from the period of the Third Reich only for purposes of civic clarification, defense against unconstitutional efforts, art or science, research or teaching, reporting on incidents of the events of the day or history or similar purposes (§§ 86a, 86 of the German Criminal Code). Gert Müller GmbH & Co. KG and the consignors offer and/or deliver such items only under these conditions.
- The attestation and/or certification marks set forth in the catalog description are deemed to be decisive in regards to the description of authenticity and quality.
- The place of performance and the area of jurisdiction for commercial dealings are Ettlingen. German law is applicable. The U.N. Convention on Contracts for the International Sale of Goods (CISG) is not applied. The company, Müller, uses the Terms and Conditions for Auctions recommended by the Federal Association of German Stamp Auctioneers.
- If one of the preceding terms and conditions should be ineffective in whole or in part, this does not affect the validity of the remaining terms and conditions. The preceding provisions shall apply mutatis mutandis, even for post-auction sales. The provisions in distance selling regulations regarding post-auction sales are not applicable. (This translation of the “Allgemeine Versteigerungsbedingungen” is provided for information only; the German text is to be taken as authoritative).
