Standard Terms and Conditions
The buyer’s premium is 20% of the hammer price + 19% VAT = 23.8% of the hammer price
Every bidder who participates in an auction of Auktionshause Weidler KG recognizes the following conditions:
1. This is a voluntary, private auction. The auctioneer conducts it as an agent and for third party accounts insofar as nothing else is stated.
2. Particular qualities of goods being auctioned are neither assured nor agreed through catalog descriptions or declarations of the auctioneer at the auction.
The objects to be auctioned can be inspected only at the stated times.
They are auctioned in the condition in which they happen to be, without liability or warranty for apparent or concealed defects or for attributions.
The auctioneer is, in particular, not liable for catalog descriptions and accompanying explanations. The auctioneer is, in particular, also not liable for the operational capability of individual objects, statements of origin, statements of value, age, or artistic qualities.
Objects are awarded as is and with exclusion of all warranties of all kinds. The bidder is herewith informed that the auctioneer acts as an agent and that any warranty claims must be directed against the consignor.
3. The auction of an object begins with the announcement of this object at the limit or estimated value.
The lowest bid increase is 1.00 EUR for limit or estimated values under 50.00 EUR; otherwise it is 5.00 EUR or 10% of the previous bid. A bid that has been declared remains effective until the auction of the object in question has been closed.
If an object is awarded to a bidder with reservations, then this bidder is bound to his bid for 3 weeks from the day of the auction. If he is not awarded the object without reservations within this period, then his bid expires; otherwise the auctioneer will notify the bidder at the address received from the bidder that the object has been awarded to him without reservations.
4. The course of the auction lies in the hands of the auctioneer. He determines the order in which the objects are auctioned. The auctioneer has the right to bundle two or more objects and announce them together.
5. The auctioneer can reject a bid; in this case the previous bid continues to stand.
If two or more persons place a bid in the same amount, and this becomes the highest bid, the auctioneer may draw lots to decide who is awarded the object.
If there are doubts about the award, the auctioneer may at his absolute discretion repeat the award in favor of a particular bidder or announce the object again.
All bids are placed without conditions.
A high bid that has been placed cannot be taken back. However, the auctioneer may announce the object again or award the object to the next highest bid if the bidder of the highest bid no longer wants his bid to stand.
6. Bidding offers can also be placed in writing. Then the bidder must identify the object exactly and state his complete name and address. Bidding offers must be placed in writing, whereby the Auctioneer reserves the right to demand collateral if the bidder is now known.
7. Bids can be placed by telephone provided that a written request for this is made in good time. Then a telephone call is made to the bidder at the auctioneer’s expense before the objects in question are announced, provided that the announcement price is at least 250.00 EUR. We cannot assume a guarantee that the telephone connection will be established. In all cases, a telephone bid is a bid of the limit price even if we were not able to reach the bidder in time for the announcement.
8.In that an object is awarded to a bidder, this bidder becomes its buyer. As its buyer, he or she becomes obliged to accept the object and to pay. The risks of accidental destruction, damage, and loss pass to the buyer when the object is awarded. The buyer must pay the auctioneer the price bid (hammer price) and, in addition, the buyer’s premium.
The hammer price is a net price. The additional buyer’s premium is the auctioneer’s commission and is 10% of the hammer price inclusive of statutory value added tax.
The buyer’s entire payment debt is due immediately and must be settled in cash.
The auctioneer is entitled but not obliged to accept foreign currency, cash checks, checks for deposit only, credit cards, etc. Payment of checks is always on account of performance and not in lieu of performance.
9. If the buyer does not fulfill his payment obligations by the end of the auction day or if he does not accept the auctioned objects, then he enters into default without a written demand being required. In this case, the auctioneer is entitled to the claims to compensation for damages that are regulated by law. Moreover, the auctioneer has the right to withdraw from the contract.
10. Ownership of an auctioned object does not pass to its buyer until the full price has been paid. The auctioneer does not transfer the auctioned objects to the buyer until payment has been received in full.
11. Insofar as an auction is held on the business premises of Auktionshaus Weidler, each buyer is required to collect the auctioned goods within 14 days at a time to be agreed in advance. When goods are collected at a later time, the auctioneer is entitled to a storage charge from the buyer in the amount of 0.1% of the gross hammer price per day or to reimbursement of the costs for having the auctioned objects transported to a warehouse and stored there.
12. The foregoing terms and conditions also apply analogously to sale of goods to be auctioned by private contract.
13. Place of fulfilment and jurisdiction for all matters related to auctions is Nürnberg.