The following is an abridged translation of the German version, which alone has legal force. All bidders agree to the conditions of sale as stated below:
Hermann Historica GmbH acts as commissioner for unnamed consignors. All business is conducted in Euro.
All lots may be examined on our premises and cannot be sent to prospective bidders for purposes of their inspection. All lots are sold “as is”, with all faults, imperfections and errors of description. Prospective buyers submitting written “order bids”, may file complaints within 6 weeks after sale, however, this in no way entitles them to delay final payment. Catalogue descriptions are made as conscientiously as possible, nevertheless, no statement shall be deemed as a warranty.
No guarantee as to the operation or firing condition of any weapon offered for sale is made by Hermann Historica GmbH.
The auctioneer reserves the right to rearrange, separate, exclude or withdraw any lot without giving a reason.
Order bids will be handled carefully and at no additional charge, however, without warranty. Bids marked “best” or “in any case”, do not have absolute preference. The best way to assure obtaining a particular lot is by establishing a maximum price limit. Order bids from foreign and overseas countries should indicate how the successfully bidded items are to be sent (for example: by air mail etc.).
On the fall of the hammer, a lot goes to the highest bidder. However, the auctioneer may refuse any bid submitted either in person or by mail, if said bidder is unknown to him, does not have a satisfactory reference or has not made a sufficient deposit prior to the auction. Likewise, the aforementioned right of refusal also applies to a customer, whose account has not been settled in full at auction time. Identical bids will be decided by drawing lots. Bidding may be renewed on any items in dispute.
The successful bidder is obligated to take and pay for the lot. From then on, he bears all risks, however, until full payment, the lot remains the property of Hermann Historica GmbH. Commission charges are 23 % including V.A.T. The V.A.T. is not refundable. Payment is due immediately in cash and in Euro. Checks are only accepted on special arrangement and must cover the total amount due, including all bank charges. The exchange rate indicated by the bank on our statement is the sole basis for settlement. Any overpayment will be credited towards future purchases or refunded upon request. Payment may also be made by the following credit cards: Visa, Mastercard. An addi¬tional administrative charge of 2.9 % will be added. Foreign customers bidding by mail must pay within 10 days after receipt of our invoice. A buyer acting as agent for a third party may be held responsible, as well as the third party, in whose name the invoice is made out.
It is understood that invoices issued during or immediately after the auction are subject to confirmation and may subsequently require correction.
No lot may be claimed until the respective invoice has been paid in full. Should the buyer fail to fulfil his payment obligations within 2 weeks after invoice date, he ist auto¬matically in default and as a consequence, the invoice amount rises by 2 %, plus possible reminder and/or collection charges and interest of 1 % per month. Hermann Historica GmbH may resell or store a lot at the buyer’s expense, if he fails to pay on time. Moreover, Hermann Historica GmbH reserves the right to withdraw from the contract if the buyer has not paid his purchase/s in full and/or collected it/them within the granted time limit. In that event Hermann Historica GmbH shall be entitled to compensation for damage from the buyer for failure to fulfil the contract. Such compensation shall consist of at least a lump sum equal to forty per cent (40 %) of the hammer price. The buyer, how¬ever, has the right to demonstrate that Hermann Historica GmbH has suffered damage to a lesser value than the said forty per cent of the hammer price, or no damage at all. Similarly, Hermann Historica GmbH has the right to demonstrate that the damage suf¬fered is greater in value than the said forty per cent of the hammer price.
Hermann Historica GmbH is not obligated to repurchase or insure lots left on its premises after sale. All consignments are made at the buyer’s risk and expense. In case of shipping damage or loss, it is the buyer’s obligation to file claim with the post office or shipping agents. If the buyer fails to do so, the insurance company can not be held responsible for the loss.
Hermann Historica GmbH is not responsible for any malfunction, error or misunderstanding resulting from a voice or data communication.
Any item in possession of the auctioneer may be kept as security until the customer’s account is settled in full.
Hermann Historica GmbH reserves the right of excluding any person from the auc¬tion without explanation.
foregoing conditions also apply to unsold lots.
All questions, contestations and controversies arising out of the auction contract as well as out of all other commercial relations between Hermann Historica GmbH and the buyer or between Hermann Historica GmbH and the seller shall be settled exclusively in accordance with the rights, privileges and duties of both parties as defined and enforced by German law. Place of jurisdiction for all parties is Munich, Germany.
All items incorporating materials from endangered and protected species sold by Hermann Historica can be exported from Germany to any country within the European community.
The export of these goods – among others 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 exportation as well as importation countries. If the buyer intends to import any property incorporating materials from endangered species into a country that is not a member of the European Community he or she should check the relevant customs laws and regulations prior to bidding.
Hermann Historica can request the export/re-export document at the Federal Nature Conservation Agency (Bundesamt für Naturschutz) in Bonn at an administration fee of € 150/lot.
Import permits are the sole responsibility of the buyer.
Hermann Historica cannot guarantee that an export licence will be issued. The process¬ing time may come to 6 month.
Here are some guidelines from recent licensing applications: rhinoceros horn: no German export permit to non-EU countries; elephant ivory: German export license granted on a case by case basis.
US-import: generally no commercial importations allowed, some exceptions for non-commercial imports.
The inability to export or import collectibles containing endangered and other pro¬tected wildlife material is not a basis for bidders for cancellation or rescission of the sale.
Buyers are reminded that they are responsible for inquiring about and adhering to any relevant national import regulations prior to bidding.
Objects which are classified as cultural goods according to the EU regulation on the export of cultural property (EEC No. 3911/92, Official Journal No. L395 of 31/12/92) require an EU licence to be exported from the European Community. This regulation concerns a multitude of items depending on their age and value, for example archaeo¬logical objects over 100 years old regardless of their value. Firearms, Antique Arms & Armour, historical and military antiques more than 50 years old and of a value of more than € 50.0000 usually require an export permit according to the above EU regulation, all others are generally not subject to any export restrictions.
Hermann Historica GmbH urgently suggests that buyers check on the above mentioned EU Regulation No. 3911/92 and their national import regulations. The buyer bears the sole responsibility for bids on items for which an export or import permit cannot be obtained. In the case of denial of any export or import licence or delay in obtaining such licences, the buyer is still responsible for full and final payment of the total purchase price for the lot(s). No restriction whatsoever shall justify the rescinding of any sales contract.
Hermann Historica GmbH is prepared to apply for any necessary export permit(s) at a fee of € 50. The duration of this procedure can take up to 3 months.
Orders and medals of the Federal Republic of Germany and of all federal states in Germany, as well as their miniature decorations, ribbons and rosettes can only be sold to authorized persons according to art. 14 para. 3 of the German titles, medals and decorations law (OrdenG). Authorized persons are the recipients of the award or per¬sons who own a collecting license. The collecting license is granted by the responsible authority upon request (the competence is regulated differently by each federal state). According to the commentary of the law, the issuance of a license can only be denied by the responsible authority if there are serious reasons. By ordering orders and medals of the Federal Republic of Germany and their federal states the client assures that he accordingly owns a collecting license. Purchase orders will only be accepted under these conditions.
Modern firearms will be shipped to foreign buyers only upon receipt of the German export licence (if necessary). Hermann Historica GmbH will be pleased to submit the export licence applications on request. The application and processing fee for any ship¬ment within Germany is € 10, to countries within the European Community is € 40, to all other European and Overseas destinations € 90.
The firearms are not tested for their firing functionality, they are sold as collectors’ arms in the described condition, they are not examined on their fitness for use, safety to fire or store and must be regarded as not intended for use and unsafe to fire unless subse¬quently proved.
Hermann Historica shall not be liable for any accident, injury or damage to any person from the use or storage of any firearm.
Modern firearms may be subject to national import or ownership restrictions. Please contact your relevant authorities before bidding – bidders take full responsibility for their bids!
If any part of these conditions of business is held to be unenforceable or invalid, the remaining parts shall remain in full force and effect.
The consignor entrusts and authorizes the auctioneers Hermann Historica OHG (hereinafter called “Hermann Historica”) to auction or sell on his behalf and at his costs the objects listed in this contract and to transfer said objects to the buyer (auction con-tract). The consignor becomes sole contractual partner of the sale contract originating from the auction or the freely negotiated sale with the buyer. Hermann Historica only act as commissioners and representatives of the consignor.
Regarding the contractual relationship between the consignor and Hermann Historica the below stated conditions of consignment apply. For the auction, sale and transfer of the objects to the buyer the general auction conditions apply which are laid down in the auction catalogue, the auction premises and on the website “www.hermann-historica.com”. With his signature to the auction contract the consignor confirms his knowledge of the general auction conditions and accepts these.
As remuneration Hermann Historica will receive from the consignor a discount of 20% (inclusive of legal VAT). Basis of calculation is the hammer price. For a hammer price of under € 300 the discount is 30%. The discount is payable when the acceptance of the bid is effective. Should consequential payments be necessary the consignor will have to pay these to Hermann Historica.
When signing the auction contract the consignor already assigns the future auction proceeds in the amount of the discount to Hermann Historica which accept the assign-ment.
If Hermann Historica make advance payments to the consignor regarding the expected auction proceeds the consignor must make them subject to interest (statutory rate) as from receipt, if no other arrangements are made, until the payment of proceeds or repayment of the advance payments. When being paid the advance payment the consi¬gnor assigns the future proceeds of the auction – also in the amount of the advance payment plus interest – to Hermann Historica which accept the assignment.
The consignor assures that he is either the sole proprietor of the objects listed in the auction contract or that he himself can freely dispose of the objects consigned by him, that the objects are free from third party rights and that he did not get hold of them illegally. Should this assurance, however, be proven wrong after entering the object in the auction catalogue the consignor will have to pay to Hermann Historica flat-rate expenses in the amount of premium and discount based on the starting price of the object.
Moreover Hermann Historica can withdraw from the contract and claim compensation from the consignor, if any consigned objects are found to be illegally gained, especially stolen or contrary to the consignor’s assurances, are falsifications or if the consignor in any other way made intentionally or negligently false statements regarding the objects. In this case the consignor must also refund to Hermann Historica possibly gained auc¬tion proceeds for the buyer.
The consignor takes full guarantee for his statements made regarding the consigned objects, particularly regarding their condition, age, origin, authenticity and other fea¬tures. The consignor therefore bears liability for possible material and/or legal defects and exempts Hermann Historica of any such third party claims. In case of a legal dispute the consignor commits himself to advance legal costs including costs for required expertise.
The way of doing the catalogue descriptions as well as the photographic presentation of the consigned objects in the catalogue is in the full discretion of Hermann Historica. Taking the consignor’s statements into account the catalogue descriptions are made to the best of our knowledge. Expertise regarding value and authenticity of the objects must be submitted by the consignor or be provided at his costs. Hermann Historica are not bound to provide such expertise. Liability of Hermann Historica and of its colle¬agues and representatives re faulty description and evaluation is limited to gross negli¬gence and intent.
If not otherwise arranged the starting price determined for the object by Hermann Historica is indicated in the catalogue. At this price the object will be called. The starting price is also the minimum bidding price.
As far as official authorization is required for the ownership or sale of the objects or if special requirements for the import to Germany or the place of auction should be necessary the consignor has to provide or fulfill these preconditions at his costs. This applies especially to the compliance with the regulations of the Washington Convention of International Trade (CITES) and the UN and EU regulations on cultural goods. Without claiming to be exhaustive the named provisions may be checked under “www.hermann-historica.com”.
Hermann Historica have taken out a transport insurance for the shipment of the objects to be consigned from the consignor to the business premises of Hermann Historica. It is for the benefit of the consignors against loss and damages. This does, however, not imply a general acceptance of the liability risk of shipment damages by Hermann Historica. The consignor is therefore obliged, prior to each shipment, to obtain information from Hermann Historica as to whether there is sufficient insurance coverage for the concerned objects by the existing transport insurance.
Hermann Historica have taken out a general collective point insurance from fire, light¬ning, explosion, tap water, burglary and robbery. Insurance coverage begins when the objects to be auctioned are handed over to Hermann Historica. Should the consignor wish to take out an individual insurance he will have to take it out at his own expenses.
Hermann Historica accept the bid according to the general auction conditions. The acceptance of a bid or a sale below the starting price only takes place on the consignor’s consent. If a bid is conditionally accepted the consignor can at the earliest withdraw his consent of the sale in writing to Hermann Historica after a duration of two months. For gold and silver ware Hermann Historica may exceptionally accept a bid below its metal value.
Approximately 6 weeks after the final acceptance of a bid Hermann Historica will carry out the billing and the credit balance to the consignor, but not until the sale price has been paid to Hermann Historica. Hermann Historica are entitled but not obliged to perform in their own name all actions necessary to carry out the sale contract including the legal enforcement of consignor’s claims. All costs incurred are born by the consignor.
The consignor is bound by this contract up to two months after the auction day and may then at any time and without giving reasons withdraw from it. The consignor leaves the unsold auction objects at Hermann Historica for two months after auction day for free sale. The starting price is the minimum sale price. In the case of a free sale the consignor must pay the same remuneration as in the auction case.
The consignor is, however, also entitled to withdraw his order partly or in total before expiry of the above time limit. In this case, however, the consignor must pay to Hermann Historica flat-rate expenses in the amount of the consignor’s discount (No. 2 of these conditions) and the auctioneer’s premium (No. 5 of the general auction conditions). The starting price is the calculation basis for both discount and premium.
Objects/lots which did not reach the starting price during the auction can be offered anew in one of the following auctions at 80% of the initially arranged starting price unless the consignor contradicts this procedure in writing within a deadline of two months after the auction has ended. Apart from that the consignment conditions of the first auction also apply for following ones. Should the objects not be sold in the second auction these regulations are applicable to all following ones.
At the earliest two months after the end of an auction Hermann Historica have also the right to withdraw from an auction contract and to send back unsold goods at the consigner’s costs and risk or to store the goods until they are collected or to commission a forwarding agent with both tasks. The withdrawal must be in writing. Storage, ship¬ment and insurance costs must be born by the consignor after the withdrawal.
Place of fulfilment for all contracted services between the consignor and Hermann Historica is Munich. Insofar as the consignor is a merchant, a legal entity under public law or a special fund under public law Munich shall be the place of jurisdiction for all disputes arising from the auction contract. All legal relationships between the consignor and Hermann Historica shall be governed by German law, even if the lawsuit be con¬ducted abroad. The regulations of the law regarding international purchase of movable property as well as the UN-Sales Convention (CISK) do not apply. Munich shall also be the place of jurisdiction, if the consignor does not have any general place of jurisdiction within Germany at contract conclusion or later moves his place of jurisdiction abroad.
Alterations of and additions to the auction contract and of these conditions must be made in writing. This is also applicable to the alteration of the written form requirement. Should one of the aforesaid regulations be partly or totally invalid, the rest of the regu¬lations will remain fully applicable. The invalid regulations will then be replaced by valid regulation coming closest