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Conditions of Sale
1.) The auction is held privately in the auctioneering company's name and for third account. The auctioneering company's own propeterty is listed in part 1 of the owner's register for the catalogue in question.
2.) The catalogue has been written in good conscience and according to the information available. It does not constitute an undertaking of quality as prescribed in §§ 459 ff. of the Bundesgesetzbuch (Federal Statutes). The items can be inspected and examined before the beginning of the auction. The items contained in the lots are used and, unless otherwise specified, in good condition for their age.The auctioneering company does not assume liability for any defects of quality or defective titles. Legitimate complaints relating to such defects of quality or defective titles must be made within three days of receiving the item in question, and must be admitted within three weeks of the end of the auction. No guarantees of completeness can be given in relation to magazines, collected works consisting of several volumes and bundles of papers. No complaints of any nature will be admitted in respect of such items.
3.) The auctioneer retains the right to combine and divide lots, to auction them in a different order and to withdraw them from auction completely.
4.) Lots are put up for auction at the price stated in the right-hand column of the catalogue, unless several higher bids have been made in writing in advance. No bids under this price (limit) will be accepted. Subsequent bids will generally rise by degrees of 5 - 10%. Written bids must be received no later than the day before the auction. They will only be accepted if they exceed other bids by the required amount. Bids such as "buy", "maximum", and "at any price" are only valid up to three times the estimated market value. Telephone bids will only be accepted if they are confirmed in writing.
5.) A bid is accepted if the auctioneer has unsuccessfully invited higher bids three times. Should several equal bids have been made, the auctioneer will decide which bid to accept. Should confusion or doubt arise over the acceptance of a bid, then the auctioneer is entitled to offer them the item again.
6.) Once a bid has been accepted, the bidder is obliged to purchase the item and to pay the full purchase price. The purchase price is constituted by the amount of the final bid, the 15% supplement and any delivery costs. Value Added Tax (Mehrwertsteuer) is charged at the current rate of 7% (Photography 16%) on the total amount. VAT will be exempted or refunded to foreign buyers from non EC-countries on production of evidence of exportation. These are taken for granted when the dispatch is effected by us. Buyers from countries of the European Community are subject to German VAT (TVA, BTW, IVA). The purchase price is payable immediately in cash in Euro currency, or in the case of bids made in writing, no later than two weeks after receipt of the invoice. On acceptance of the bid the risk on the item is transferred to the purchaser. Cheques are only accepted in fulfilment. For buyers from Europe and overseas: only checks in Euro (EUR) drawn from a German bank (These checks may be purchased at your local bank!). Any taxes, expenses and transaction fees (including the banking costs of the Weigelt Auctioneering Company) must be paid by the purchaser. In the case of foreign customers - who cannot pay immediately in cash and in Euro currency (bids made in writing) - 1,5 o/oo of the invoiced amount or a minimum of Euro 15 will generally be charged in advance to cover banking expenses. This sum will be reimbursed once the full amount has been properly transferred.
7.) The purchaser is liable for any resulting costs should payment be delayed. On default of payment, all amounts will become due immediately.
8.) The items purchased at the auction remain the property of the vendor until the full invoiced amount has been paid. Once payment has been made in full, the item purchased can be delivered.
9.) In the event that one or several provisions of these conditions become or be invalid, the remaining provisions remain unaffected. The invalid provision will be replaced by one which legally comes closest to its economic intents and purposes.
10.) These auction conditions will be deemed to have been accepted immediately a bid has been made. Hannover is deemed place of performance and venue for courts of law. This also applies in the event of the auction being held elsewhere.
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