A77_Militaria

CONDI T IONS OF SALE

The auction process shall be subject to our General Auction

Terms and Conditions. These terms form an integral part of

the resulting contracts. The General Auction Terms and

Conditions are listed hereinafter and are also displayed in

the auction room. Both by taking part in the auction and by

submitting bids, you agree to accept the General Auction

Terms and Conditions.

GENERAL AUCTION TERMS AND CONDITIONS

Hermann Historica GmbH (hereinafter referred to as the

Auctioneer) shall carry out the auction as an intermediary in

the name of and for the account of third parties, as a com-

mission agent in its own name and on behalf of consignors,

or in its own name and for its own account. The auctions

may be conducted on or outside the business premises of

Hermann Historica, either online, over the telephone or by

using any other digital or electronic media.

The

catalogue descriptions

and any verbal statements

neither constitute nor contain guarantees of any specific

characteristics. All objects coming up for auction are

offered as used. The lots may be viewed and examined prior

to the auction. All lots are sold “as seen”, without any guar-

antee or liability in respect of visible or hidden defects. Once

the bid has been accepted, no complaints of any kind may be

taken into account.

The Auctioneer undertakes to carry out all

purchase

orders

, whether submitted in writing, over the telephone by

email or fax, conscientiously but without assuming liability.

The Auctioneer reserves the right to decline or disregard

order bids, without giving a reason. Amaximum bid must be

indicated when submitting an offer in writing; however, the

Auctioneer will only draw on this in the amount required to

outbid other prospective buyers by one increment (approxi-

mately 5%). Identical bids will be decided by drawing lots.

Telephone bidders will be contacted before their requested

lot is called if a written order corresponding to at least the

starting price of the object has been received in good time.

Telephone bidding will only be permitted in exceptional

cases for objects with a reserve of less than € 1,000. No liabil-

ity may be accepted for transmission errors or for difficul-

ties with the telephone connection. The Auctioneer rules out

any liability for consequential damage or loss of profit in the

event the purchase order is not concluded, provided this was

not caused by wilful misconduct on the part of an employee

of the Auctioneer. The Auctioneer may refuse to accept any

bids in which neither the object nor the amount of the bid

can be clearly identified beyond doubt.

The Auctioneer reserves the right to combine, separate,

exclude, withdraw or rearrange any lot without giving a rea-

son. The sale is concluded if no higher bid is submitted after

a bid has been announced three times. The Auctioneer is

entitled to accept the sale under reserve. If a bid is accepted

conditionally, the bidder shall be bound by his bid for four

weeks. If the bidder is not awarded the sale without reserve

within this period, the bid expires. A written invoice sent to

the address provided by the buyer shall be regarded as con-

firmation of the acceptance of the bid. Conditionally

accepted bids expire without notification or further consul-

tation with the reserve bidder. Without giving any reason,

the Auctioneer may refuse any bid submitted either in per-

son or in writing, if said bidder is unknown to him, has not

provided a sufficient deposit or satisfactory references prior

to the auction. Likewise, the aforementioned right of refusal

also applies to customers whose accounts have not been set-

tled in full at the time of the auction. In the event a bid is

refused, the second highest bid shall be binding. If several

people offer identical bids and, after the third time of asking,

no higher bid is forthcoming, a draw shall decide the suc-

cessful bidder. The Auctioneer is authorised to retract his

acceptance of the bid and award the lot immediately in

favour of a particular bidder at his discretion or to offer the

object again if a higher bid made at the right time was erro-

neously overlooked or if any doubts arise regarding the sale.

If the highest bidder wishes to withdraw his bid, the

Auctioneer is entitled to accept his bid nevertheless with all

consequent rights; however, he may also accept the second

highest bid offered or repeat the whole call. At the bidders’

request, any lot that initially remained unsold may be

offered again and sold during the day of the auction.

The successful bidder is obligated to pay the purchase

price to the Auctioneer. The Auctioneer is authorised by the

consignor to assert his rights arising from the sale.

Prospective buyers submit bids in their own name and for

their own account.

The purchase price comprises the bid

amount, a 25% premium thereof and the costs of insurance,

packaging and shipping, if the Auctioneer is commissioned

to ship the lots.

If the Auctioneer is acting as an intermediary,

both the premium and the costs fees for insurance, packaging

and shipping include statutory VAT. The amount of the ham-

mer price shall be determined on the basis of the auction

record. The purchase price is due as soon as the bid is

accepted and is payable in cash and in euros. The Auctioneer

expressly refers to his duty of identification according to the

Geldwäschegesetz (Money Laundering Act). For credit

transfers or payment by cheque on account of performance,

the debt shall only be deemed to be settled when the purchase

price has been credited irrevocably and in full to the

Auctioneer’s account. Moreover, foreign notes and coins or

currencies will only be accepted according to the respective

value amount that is finally credited to the Auctioneer’s

account by the bank. Shortfalls will be payable, including any

fees for cheques or banking charges incurred. Unfortunately,

we do not accept credit cards.

If a bidder acts as an agent for a third party, both may be held

personally liable for obligations arising from the contract.

This also applies if the invoice is issued in the name of another

customer. The Auctioneer shall be exempt therefrom.

Invoices issued during or immediately after the auction are

subject to confirmation and may subsequently require cor-

rection. Any discrepancies in the amount shall be payable.

Should the buyer fail to fulfil his

payment obligations

within the specified time limit, he is automatically in default.

As a consequence, a minimum charge of € 25 will be added to

the invoice amount, along with any payment reminder and/or

collection fees incurred. At the same time, interest shall

accrue at 5% above the base rate p.a.

Should the buyer fail to meet his payment obligations,

despite receiving a reminder, he shall be liable for the dam-

age caused by his default. If the Auctioneer asserts his right

to compensation for non-performance under section 326

BGB (German Civil Code), he is entitled to offer the item for

auction again at a later date. Once another buyer is found,

all rights granted to the previous buyer shall expire. If the lot

is resold, the previous buyer shall be regarded as the con-

signor and is therefore liable to recompense the Auctioneer’s

service; fees in the amount of 20% (incl. VAT) for lots with a

hammer price of € 300 and above, or 30% (incl. VAT) for

lots with a hammer price under € 300, as well as all addi-

tional costs incurred by the renewed sale of the item thus

become payable. He shall have no claim to the excess pro-

ceeds. The proceeds from the new auction are to be offset

against the debt of compensation on receipt of the payment

or the credit by the Auctioneer in accordance with section

367 BGB. Moreover, the Auctioneer reserves the right to

rescind the contract if the buyer fails to pay the purchase

price in full and/or collect his purchases within a reasonable

time period set by the Auctioneer. In the event of rescission,

the Auctioneer is entitled to demand compensation from the

buyer for non-performance. In particular, the claim for

compensation includes the commission charges incurred.

The Auctioneer is entitled to claim 45% of the hammer price

as flat-rate compensation without further verification.

Furthermore, the Auctioneer shall be permitted to provide

proof of additional damages, particularly where these are

higher than the flat-rate compensation.

All lots sold must be collected on the same day. All risks

pertaining to the item (e.g. damage) are transferred to the

buyer on acceptance of his bid. As a matter of principle, the

auctioned goods may only be delivered on payment of the

purchase price. Nevertheless, should an item be released

prior to payment of the purchase price, the

transfer of

ownership

shall be subject to the condition precedent of pay-

ment of the purchase price in full to the Auctioneer. Under

no circumstances is the buyer entitled to resell or alter the

objects in any way. If the purchased items are not collected,

the Auctioneer is entitled at his discretion to store the auc-

tioned objects at his business premises or at the premises of

a third party or to ship them to the buyer, including by cash

on delivery. In case of storage at the Auctioneer’s premises,

the items shall be stored at the buyer’s own expense and risk

from the time his bid is accepted.

Storage fees

are charged at

0.7% of the total purchase price incl. VAT per calendar

month or part thereof. Any third-party storage shall be in the

name, at the expense and risk of the buyer. Storage of fire-

arms requiring official authorisation, which are subject to a

special duty of safekeeping, is charged as a lump sum of € 10

per weapon per month. In cases where the buyer is located

abroad and import permits are required, storage fees will

only be charged from the end of the third month after com-

pletion of the sale.

If sold lots are not collected within a period of 12 months, two

collection reminders notwithstanding, the Auctioneer

reserves the right to offer these objects for auction once

again at the expense and risk of the buyer. In this case, the

buyer is regarded as a consignor. Consignment fees, interest,

storage costs and other expenses shall be deducted from the

proceeds of the auction.

Shipping shall be effected at the buyer’s risk and expense. At

the buyer’s expense, the Auctioneer shall insure the objects

for shipment against the usual transport risks. The buyer

undertakes to report any discernible damage to the packag-

ing to both the forwarding agent and the Auctioneer without

delay. Defects that only become apparent on unpacking the

goods must also be reported to the forwarding agent and the

Auctioneer without delay, no later than one week after deliv-

ery. No liability will be accepted for defects in case of non-

compliance with this requirement.

The bidder shall bear any loss or damage resulting from

transmission failures, misunderstandings or errors in tele-

phone, telegraphic, wireless and fax communications with

buyers, provided said damage was not caused by wilful or

gross negligence on the part of the Auctioneer or his agents.