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
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
5. Free sale
Lots not sold in the auction will be offered for free sale.
Subject to consent by the consigner, the auction house is authorised to
knock down items below the limit under reserve or sell them in the free
sale. As long as the consignor receives the agreed limit less the stipulated
commission of the auction house (net proceeds), the consignor is not
entitled to refuse the 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
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
10. Regulations of the auctioneer
The auction house is entitled to determine the responsible auctioneer at his sole
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.