GTC

TERMS OF PUBLIC AUCTION

of Auktionshaus Mehlis GmbH, Plauen
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§ 1 - Corporate purpose

Auktionshaus Mehlis GmbH (hereinafter referred to as: “Auktionshaus”), entered in the trade register of AG Chemnitz under number HRB 23193, Authorised representative: Jens Mehlis, Registered office: Hammerstraße 30, 08523 Plauen, sells objects on behalf of and for the account of its vendor. Sale contracts are also concluded in accordance with the following provisions.

§ 2 - Course of the auction

The prerequisite for participating in an auction as a bidder is the issuance of a bidder number by Auktionshaus. The prerequisite for the issuance of a bidder number is that the relevant person indicates his name and a domestic address before the date of the auction and correspondingly proves his identity or furnishes sufficient security.

The objects to be auctioned off are called on the day of the auction. The sequence of the call is at the discretion of the auctioneer. The auctioneer furthermore has the right to call multiple individual objects together or call multiple combined objects separately. Finally, the auctioneer can withdraw a call at any time.

The first call is made for the limit specified by the vendor. If no such limit has been mentioned, the first call is at the discretion of the auctioneer. The value is increased at the discretion of the auctioneer, generally in steps of 10%.

Bids can be made at any time up to the awarding. They are irrevocable. If no higher bid is made after repeating the last highest bid three times, the object is awarded at this highest bid. If multiple persons have made the same bid, a decision is taken by drawing lots. If there are doubts about whether or to whom the object has been awarded, or if a bid made on time has been overlooked, the auctioneer can repeat the awarding in favour of a specific bidder or call the object again. In these cases, a previous awarding them becomes null and void.

The awarding can also be done with reservations. Every awarding below the limit price automatically falls under reserve. In this case, the bidder is bound to his bid for three weeks; the awarding however remains non-binding for the auctioneer. If the bidder, who has been awarded the object under reserve, does not receive any opposing message within three weeks, the awarding is considered as revoked.

Written bids must be made available to Auktionshaus at the latest by 7:00 hours in the morning of the day of the auction. They must contain the catalogue number and the description of the object (title). In cases of doubt, the specified catalogue number is decisive. Written bids are executed only if top-quality references, a certified cheque of a sufficient amount or a comparable form of security have been submitted at the same time. However, no guarantee can be assumed for the consideration of written bids.

Bids by telephone are permissible only in case of a limit of more than 200.00 EUR. Auktionshaus does not accept any guarantee for the materialisation or for the maintenance of the telephone connection. For the rest, the regulations are correspondingly applicable for the written bids.

Auktionshaus is authorised to exclude individual bidders from the auction at any time. A claim to participate in the auction cannot be made.

§ 3 - Legal consequences of the awarding

Sale contracts are concluded upon the awarding of a bid in the auction or upon agreeing on a bid outside the auction (e.g. as a post-auction sale). The purchase price is composed of the knockdown price and a surcharge of 20% of the awarding amount plus the VAT on the surcharge applicable in each case.

The seller is the vendor represented by Auktionshaus in each case. The object of purchase is the object that is indicated in the catalogue with that number, to which the call in the auction had referred to. The guarantee depends on § 4.

With the conclusion of the sale contract, the buyer is under an obligation to pay the purchase price and accept the object. Both the obligations are conditions and due with immediate effect. The buyer is under an obligation to make an advance payment. The property of the seller is reserved until the buyer has fulfilled the contract completely. The handover and assignment obligation of the seller can be complied with at the registered office of Auktionshaus; it deals with obligations to be performed at the place of business of the debtor. The object is dispatched only after a separate agreement has been made and exclusively at the expenses and risk of the buyer. With the conclusion of the sale contract, all the risks, especially the risk of the incidental loss of the object, are passed to the buyer.

The bidder appearing as a representative of the buyer is liable for the fulfilment as the co-debtor in addition to the principal. The bearer of the bidder number, under which the bid was made, is liable for the fulfilment as the co-debtor in addition to the buyer, insofar as he has to represent the use of his bidder number.

§ 4 - Liability, right of return

The guarantee of the seller for defects in the object of purchase is excluded, except for damages, which are caused to life, body and health or due to gross fault of the auctioneer, his legal representatives, his executive staff or his assistants. The objects are generally used. Before the auction, there is enough opportunity to inspect and investigate the objects to be auctioned. Details in the catalogue are not an assurance of properties or an agreement on the legal and factual nature, but they serve solely as the description of the object.

Possible warranty claims of the buyer owing to used objects lapse a year at the end of the year in which the awarding is done. If the buyer is a businessman, his warranty claims lapse in six months after the day of the awarding. The same is applicable if the buyer acts as an entrepreneur.

For the rest, the seller is liable only for his own gross fault as well as for gross fault of his legal representatives and his assistants. Furthermore, the liability is limited to the amount of the respective bid according to the amount.

The liability of Auktionshaus is limited to the same extent as that of the seller. Insofar as claims against Auktionshaus are based on the information or the behaviour of the vendor, Auktionshaus can demand the waiver of its liabilities from the buyer step-by-step against cession of his warranty claims against the vendor.

§ 5 - Contract processing

The sale of proprietary items is subject to differential taxation (§ 25a of the Value Added Tax Act). If the buyer receives an invoice, the value-added tax (turnover tax) is not indicated in it.

For every reminder that is given more than a month after issuance of the invoice, Auktionshaus can charge dunning costs amounting to 5.00 EUR (4.20 EUR net plus 0.80 EUR value-added tax 19%).

As long as the obligations of the buyer (§ 3) as against the seller or Auktionshaus are not fulfilled completely, the buyer is under an obligation to notify every address change in writing to Auktionshaus. Auktionshaus is authorised to direct all the declarations of intent directed towards the buyer to the address specified by the buyer. The explanations are thus considered as received on the third day after mailing to the post if the buyer does not prove an atypical sequence of events.

If the object bought at the auction is not accepted within ten days, Auktionshaus can stock it or dispatch it to the address specified by the buyer. Dispatch and storage shall be done at the risk and at the expense of the buyer. A fee of 0.50 EUR per day shall be charged for the storage (0.42 EUR net plus 0.08 EUR value added tax 19%). The type of dispatch is at the discretion of Auktionshaus. A claim to a specific type of dispatch or the taking out of an insurance policy is valid only if the bidder has notified the desired type of dispatch and the desired insurance policy at the latest until 7:00 hours in the morning on the day of the auction. This notification must be made in writing.

If Auktionshaus is authorised to trade on behalf of the buyer, it is exempted from the limitations of § 181 of BGB (German Civil Code).

The buyer may offset only those claims as against Auktionshaus which are established to be undisputed or legally binding. The buyer may also exercise a right of retention only as a result of such claims.

If the buyer is a businessman, the registered office of Auktionshaus is the place of fulfilment for all the duties resulting from this contract. The same is applicable if the buyer is an entrepreneur. The same is also applicable if the buyer or his legal representative do not have any domestic domicile.

§ 6 - Choice of law, place of jurisdiction

The contract is exclusively subject to the German Law. The regulations of the United Nations Convention on Contracts for the International Sale of Goods are not applicable.

If the buyer is a businessman, Plauen is the place of jurisdiction. The same is applicable if the buyer is an entrepreneur. The same is also applicable if the buyer or his legal representative do not have any domestic domicile or relinquish such a domicile. The place of jurisdiction justified with this regulation is exclusive.

§ 7 - Severability clause

Additional or deviating agreements are valid only if the written form regulation is complied with. Individual violations against it are not applicable as a waiver of the written form for the future.

The ineffectiveness of one of the aforementioned conditions does not affect the effectiveness of the contract as a whole. If one of the provisions is ineffective, the parties are under an obligation to agree upon an effective provision, which comes as close as possible to what is financially desired with the ineffective provision.

 

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