A77_Militaria

CONDI T IONS OF SALE

The Auctioneer reserves the right to exclude any person

from the auction without explanation, particularly those

who engage in dealing or exchange during the auction, dis-

turb the proceedings or whose accounts have not been settled

in full.

10.

The above conditions also apply mutatis mutandis to

public sales

or subsequent private sales. The post-auction

sale only commences at the end of the day on which the lot in

question was first offered for sale.

11.

The buyer may only offset claims against the Auctioneer

with liabilities in the same currency and to the extent that his

claims are undisputed or have been confirmed by a court of

law.

12.

The business premises of the Auctioneer shall be the

place of performance

for both parties if the buyer is a regis-

tered trader or a legal entity under public law or a special fund

under public law or he has his place of residence outside the

Federal Republic of Germany. The auction contract and all

rights and obligations arising from the business relationship

between the Auctioneer and the buyer shall be exclusively

governed by German law. The Uniform Law on the

International Sale of Goods, the Uniform Law on the

Formation of Contracts for the International Sale of Goods

and the CISG – United Nations Convention on Contracts for

the International Sale of Goods shall be excluded.

13.

With regard to sales in his own name, the Auctioneer

guarantees the accuracy of the information provided in terms

of the object’s origin, age, epoch, manufacturer and materi-

als. If, within three years from the day of the sale, this infor-

mation proves to be materially incorrect, the buyer may

rescind the transaction step by step, provided that the object is

unaltered and still in the condition at the time of purchase.

Any doubts regarding the information provided by the

Auctioneer must be asserted without delay. The Auctioneer

reserves the right to examine the buyer’s statement in both an

internal and a third-party review, prior to acknowledging any

such claims, and to reject the complaint, as appropriate.

Except for such claims regarding the nature of the object, for

the purpose of consumer protection, the guarantee period vis-

à-vis end customers shall be 1 year from the date of purchase.

14.

The exclusive

place of jurisdiction

for all present and

future claims arising from the business relationship with

registered traders and for claims asserted by the Auctioneer

by way of a dunning procedure shall be the

registered office

of the Auctioneer

The same place of jurisdiction applies if the buyer does not

have a place of general jurisdiction in Germany, or has trans-

ferred his place of residence or habitual abode to a country

other than Germany after conclusion of the contract, or his

place of residence or habitual abode is unknown at the time

legal proceedings are instituted. In these cases, except for the

dunning procedure, the plaintiff may choose whether he

wishes to institute legal proceedings before Munich Local

Court or Munich Regional Court I.

15.

As long as catalogue owners, participants of the auction

and bidders do not state otherwise, they guarantee that they

use the catalogue and the items dating from the time of the

Third Reich depicted therein only for the purpose of civil

education, to avert unconstitutional movements, to promote

art or science, research or teaching, the reporting about cur-

rent or historical events or similar purposes (sections 86a, 86

Strafgesetzbuch, (German Criminal Code)). The Auctioneer,

his agents and consignors shall offer and/or deliver said items

only under these conditions.

16.

The following applies to all objects sold by Hermann

Historica that contain

materials from protected and endan-

gered species:

the export of these goods – including ivory,

tortoiseshell, crocodile skin, rhinoceros horn etc. – from the

EU and their import into non-EU countries requires a per-

mit from the regulatory authorities of both the exportation

and the importation countries. Buyers intending to import

any objects incorporating materials from endangered spe-

cies into a country that is not a member of the European

Community should check the relevant customs laws and

regulations prior to bidding. On request, Hermann

Historica can apply for the export/re-export document from

the Bundesamt für Naturschutz (Federal Agency for Nature

Conservation) in Bonn for an administration fee of € 150/

lot. Import permits are the sole responsibility of the buyer.

Hermann Historica cannot guarantee the issuance of an

export licence, which may take up to six months. As a rule of

thumb, here are some examples of recent licence applica-

tions. Rhinoceros horn: no German export permits are

issued for non-EU countries; elephant ivory: German

export permits are granted on a case-by-case basis. US

import: commercial imports are generally not permitted,

some exceptions may apply to non-commercial imports.

The inability to export or import collectibles containing

material from endangered or protected animal and plant

species shall not be considered sufficient reason for bidders

to withdraw from the sale. Buyers are reminded that they are

responsible for inquiring about and adhering to any

national import regulations prior to bidding.

17.

Objects that are classified as

cultural goods

under

Council Regulation (EC) No. 116/2009 of 18 December

2008 require a licence to be exported. This regulation refers

to a multitude of items, depending on their age and value, for

example archaeological objects over 100 years old, regard-

less of their value. Firearms, Antique Arms & Armour, his-

torical and military artefacts over 50 years old usually only

require an export permit if they are valued at more than

€ 50,000, more recent objects are generally not subject to any

export restrictions. On request, Hermann Historica GmbH

can apply for any necessary export permits for a fee of € 70

per object; the approval process may take up to 6 months.

18.

Orders and medals

of the Federal Republic of Ger

many and her federal states, as well as their miniatures, rib-

bons, buttonhole bows and ribbon clasps, may only be sold

to authorised persons according to section 14 paragraph 3 of

the Gesetz über Titel, Orden und Ehrenzeichen (Law of

Titles, Orders and Honours). Authorised persons include

the recipients of the awards or persons in possession of a

collecting licence. The collecting licence is granted by the

responsible authority upon request (responsibility is regu-

lated differently in each federal state). According to the com-

mentary of the law, approval of a licence may only be

refused by the responsible authority if there are serious

grounds for doing so. By purchasing orders and medals of

the Federal Republic of Germany and her federal states, the

client affirms that he has been granted a collecting licence.

Bids will only be accepted under these conditions.

19.

Firearms requiring a German firearm certificate

may

only be supplied to domestic clients on presentation of an

identity card and the corresponding possession and acquisi-

tion permit. A fee of € 15 per purchase order is payable for

notification under the provisions of section 34 WaffG

(Weapons Act). Modern firearms will only be shipped to

foreign buyers on receipt of the necessary German and for-

eign permits. On request, the Auctioneer is pleased to apply

for an export permit for shipments to EU member states.

The fixed fee varies from a minimum of € 60 (for up to

5 weapons) to a maximum of € 200 (>25). Fees for applying

for export permits to all non-EU countries vary from € 90

(up to 5 weapons) to € 300 (>25). If any special conditions

are imposed in obtaining a valid export permit, compliance

with which involves additional fees and expenses, these shall

be invoiced to the buyer. The sale remains legally binding,

irrespective of whether the buyer holds a corresponding pos-

session and acquisition permit. In the absence of a permit,

the buyer shall be liable for his bid. Buyers domiciled

abroad bear sole responsibility for observing the regulations

in force at their place of residence on the acquisition and

possession of weapons or war material. The Auctioneer can-

not be held responsible in the event of loss.

Firearms do not undergo functional testing but are sold as

collector’s items in the condition described. Therefore, the

Auctioneer cannot assume any liability whatsoever for their

fitness for use, functional reliability or accuracy. A war-

ranty is excluded in this respect.

The Auctioneer is obligated to submit firearms without a

valid proof mark to the responsible authority. In the case of

valuable and/or historically significant weapons, the

Auctioneer endeavours to avoid the proof mark that may be

deemed mandatory by the authority and to obtain the issu-

ance of a non-proof mark certificate. The consignor shall

bear the costs hereof and for the proof mark. The Auctioneer

assumes no liability for damage sustained as a result of the

proof mark or on the way to and from the proof house.

20.

If one or more of the above provisions should become

invalid, in full or in part, it shall be replaced by a valid provi-

sion that most closely approximates the purpose of the inva-

lid provision. The other provisions shall remain unaffected.

21.

This translation from the German version is for your

convenience only. In case of disputes between Buyer and

Auctioneer, only the German version of the Conditions of

Sale, item descriptions and other information shall exclu-

sively be authoritative and binding.

Released 28.02.2018

Zustand

Condition

neuwertig

excellent to mint

gut

good to very good

III

befriedigend

fair

ausreichend

poor