Kunst & Kunsthandwerk, Antiken

| 13 CONDI T IONS OF SALE 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, but no later than one week after delivery. No liability will be accepted for defects in case of non-compliance with this requirement. 8. The bidder shall bear any loss or damage resulting from transmission failures, misunderstandings or errors in tele- phone, telegraphic, wireless, fax and electronic communica- tions with buyers, provided said dam¬age was not caused by wilful or gross negligence on the part of the Auctioneer or his agents. 9. 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. This is also applicable to the registration required for participation in online auctions. 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 out- side the Federal Republic of Germany. The auction contract and all rights and obligations arising from the business rela- tionship 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 materials. If, within three years from the day of the sale, this information 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. Expert’s reports commissioned by the buyer are at his own expense. Except for such claims regarding the nature of the object, for the purpose of consumer protection, the guaran- tee 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 transferred his place of residence or habit- ual 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 (§§ 86/86a 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 pro¬tected and endangered 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 permit from the regulatory authorities of both the exportation and the importation countries. Buyers intend- ing to import any objects made of or incorporating materials from endangered species into a country that is not a mem¬ber of the European Community must check their 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 guar- antee 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 applications: Rhino horn - no German export permits for non-EU countries; elephant ivory: German export permits on a case-by-case basis only. US import: no commercial imports! Some exceptions may apply to non- commercial imports. The inability to export or import col- lectibles containing material from endangered or protected animal and plant species shall not be considered sufficient reason for bidders to withdraw from the sale. 17. Objects that are classified as cultural goods under Council Regulation (EC) No. 116/2009 of December18, 2008, require a licence to be exported from Germany. 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, historical 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 gener- ally not subject to any export restrictions. On request, Hermann Historica GmbH can apply for any necessary export permits for a fee of €75 per group of objects; the approval process may take up to 6 months. 18. Orders and medals of the Federal Republic of Germany and her federal states, as well as their miniatures, ribbons, 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 posses¬sion 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 German customers upon presentation of valid photo ID, corresponding possession and acquisition permit, and payment of a fee of €15 per purchase order 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. Upon request, the Auctioneer will apply for an export permit against a variable fixed fee. For exports to EU-Countries: € 60 (1 - 5), € 90 (6 - 15), € 120 (16 - 25), € 200 (>25) For exports to Non-EU-Countries: € 90 (1 - 5), € 160 (6 - 15), € 220 (16 - 25), € 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 and paid by the buyer. The sale remains legally binding, irrespective of whether the buyer holds a corresponding possession 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 cannot be held responsible in the event of loss. Firearms do not undergo functional testing but are sold as collector’s items in the con- dition described. Therefore, the Auctioneer cannot assume any liability whatsoever for their fitness for use, functional reliability or accuracy. A warranty is excluded in this respect. The Auctioneer is obligated to submit firearms without a valid proof mark to the responsible author¬ity. For historically significant weapons the Auctioneer endeav- ours to avoid proofing and to obtain the issuance of a non- proof mark certificate. The consignor shall bear the cost hereof or for proofing. The Auctioneer assumes no liability for damage sustained as a result of the proofing process 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. Version: 2.4 / Aug. 01, 2019 Zustand Condition I neuwertig excellent to mint II gut good to very good III befriedigend fair IV ausreichend poor