Conditions of Sale



1. The sale is on behalf and for account of the seller.
2. The auctioneer has the right to combine any two or more lots or to divide or withdraw any lot or to alter the sequence at his sole discretion.
3. The preview provides every buyer with the opportunity to examine the lots to be auctioned and to convince himself of their condition. Claims against the auctioneer cannot be considered after the knocking down. The catalogue descriptions do not represent any agreement on the condition of goods under § 434 of the BGB (German Civil Code).
4. Every visitor to the premises of the auction house is held responsible for any damage caused wilfully or unintentionally; this especially applies during the previews.
5. The buyer shall be the highest bidder after a thrice repeated call and fall of the hammer. Should several persons bid simultaneously, the decision will be made by lot. The auctioneer is entitled to withdraw the knocking down and to offer the lot anew if a higher bid given in time was overlooked or if any other doubts have arisen. In case the reserve price has not been reached the knocking down may be given conditionally pending the approval of the owner. The buyer is obliged to the knocking down "conditionally". A lot which fails to reach its reserve price may be re-bought by the auctioneer on behalf of the seller without any simultaneous announcement to this effect.
6. Payment must be made immediately upon purchase. The knocking down obliges for collection. Possession and risk with respect to the sold lot pass immediately to the buyer, ownership upon full payment.
7. The purchase price consists of the knock down price plus a surcharge of 24% (objects with no star), the latter being the auctioneer's commission include the "value added tax". The "value added tax" will be refunded within one month if export can be proved through the production of customs documents or if the auctioneer arranges the export himself.
7a) The purchase price consists of the knock down price plus a surcharge of 21% plus 19% tax (objects with one star). The "value added tax" will be refunded within one month if export can be proved through the production of customs documents or if the auctioneer arranges the export himself.
8. Following the knock down the purchase price must be paid to the auctioneer in European currency (EURO). Invoices issued during or immediately after the auction should be carefully reviewed; all invoices are subject to error and may be corrected subsequently.
9. Written orders may be submitted not later than one day prior to the beginning of the auction. The prices contained in such orders represent maximum bids, i.e. the knocking down may be at lower price. In addition to the price the surcharge mentioned under point "7" above will be charged.
10. In default of payment we will charge interest on the outstanding amount at a rate of 1 per cent per month for every month or part thereof. The buyer will default in payment, irrespective of a reminder, if he does not pay within 30 days after the final knock-down. If payment is made in a foreign currency, any exchange rate losses and bank charges shall be borne by the buyer. The same shall apply to cheques, which will not be recognized as payment until Auktionen Dr. H. Crott has received an unconditional credit note from its bank. If the buyer defaults in payment, Auktionen Dr. H. Crott may at its discretion insist on performance of the contract or, if the buyer still has not paid by the date set by Auktionen Dr. H. Crott claim damages for non-performance. In the latter case, Auktionen Dr. H. Crott may determine the amount of the damages by putting the lot between the price bid by him and the price realized on the resale, if this is lower, plus the cost of the resale plus the premium.
11. The auctioned objects must be collected by the buyer within eight days. On the day of the auction the lots can be handed over in the auction room, on the following days in our office only, at business hours: Mo-Fr 10 am to 6 pm, by appointment only. The auctioneer is not responsible for any damages or loss of the objects. The storage and transportation are at the risk and expense of the buyer. Place of performance and competency of court for both parties is Mannheim. German law is applied.
12. Purchase price and any purchase price arrears as well as surcharges and costs may be claimed by the auctioneer in his own name (the auctioneer may sue in his own name).
13. All persons taking part in the auction shall accept the above conditions upon making any oral or written offer.
14. Shipment and transportation can be arranged on behalf of and at the expenses of the buyer.
15. In case of buyer's bankruptcy or composition proceedings, the right of segregation (§ 47 and § 48 InsO) is applied.
16. If any of the provisons of these terms is found invalid, all remaining provisions of these terms shall remain fully valid and applicable.
17. All dimensions on catalogue photos are approximate.
18. In case of doubt the German version of these conditions of sale is the authoritative and binding text.