Consignment Contract

1. Delivery The items listed overleaf are given in charge by the supplier to the auction house for public sale against highest bid and for account of the seller. The seller assures that the lots are second-hand items and that they are part of his unlimited property. The auction house takes care of the organisation and execution of the auction, in particular of stockkeeping, exposition and advertising. The numbers marked in brackets refer to the figures in the list of the seller.
2. Liability of the seller The seller undertakes liability and guarantees for all indications made upon delivery, especially for descriptions, material properties, indication of age, genuineness and manufacturer (this also applies for all valuation from specialist). The auction house is not obliged to examine these indications. The seller assures that the lot for the auction does not violate any industrial or other rights of third persons, especially copyrights and trademarks. The seller is held liable for the compensation of all expenditures and all damages in case of violating this obligation. Concerning imported goods the seller assures that the import has been effected according to the legal regulations and that all customs duties or taxes arisen upon import have been settled duly.
3. Liability of the auction house The auction house is obliged to insure all lots received against damage of fire, water, burglary and theft. The insurance protection begins on the day of the receipt of the lots and expires with completion of business relationship. In case of damage the seller is entitled to the insurance reimbursement. Any further liability of the auction house and its employees for the goods delivered is denied unless the auction house or its employees can be charged with premeditation or gross negligence.
4. Duration of contract The business relationship begins on the day of receipt of items and expires 8 weeks after the auction, in which the lots have been called. It is duty of the seller to inquire at the auction house about the results of the sale and to collect the lots which have not been sold within the period agreed upon.
5. Free sale Lots not sold in the auction will be offered for free sale.
6. Commission agreement In case of sale via auction or free sale the auction house is entitled to a commission of 14 % plus VAT of the auction or sale profit which will be withheld upon settlement. The auction house effects the settlement of goods auctioned or sold free about 30 days after full payment through the buyer. Should there be concrete evidence that the seller of the goods delivered will take legal claims in some way or other, the auction house is entitled to retain the payment of the credit until clarification. If the seller is a trader he is obliged to pay the sales tax arising from the sale to the tax office competent for him.
7. Additional fees The costs for processing and administration amount to 70,-- per object and are payable on settlement. Additionally the legal VAT has to be paid. The seller pays the auction house a lump sum of 1 % of the authoritative limit price for insurance plus the legal VAT. Costs for delivery and redelivery of goods not being sold including insurance and packing have to be borne by the seller. Above mentioned costs are indebted regardless of whether the goods are auctioned or sold free.
8.Withdrawal from auction contract Should the seller withdraw the order fully or partly before completion, he owes the auction house 15 % plus VAT of the limit price agreed upon and all costs incurred till then. The items can only be collected if these claims have been settled.
9. Auction conditions The authoritative auction conditions for the buyer will be fixed by the auctioneer. All rights are reserved for knocking down a given bid. Liability for the incoming proceeds can be held only after the goods have been handed over to the buyer. The auction house is authorized by the seller to sue the claims against the buyer on his behalf. The auction house is entitled to raise a surcharge plus VAT.
10. Regulations of the auctioneer The auction house is entitled to determine the responsible auctioneer at his sole discretion.
11. Secondary agreements All agreements between seller and auctioneer are fixed in this auction contract. Oral secondary agreements do not exist. Modifications and supplements are required in writing.
12. Particular agreements
13. Place of execution and competency of court is Mannheim.