16 | CONDI T IONS OF SALE age, epoch, manufacturer and materials. If, within 3 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 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 transferred 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 will use items dating from the time of the Third Reich and catalogues illustrating such items only for the purposes of civil education, to avert unconstitutional movements, to promote art or science, research or teaching, the reporting about current or historical events or similar purposes (§§ 86/86a StGB - 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 the Auctioneer that contain materials from protected 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 intending to import any objects made of or incorporating materials from endangered species into a country that is not a member of the European Union 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 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 nonperformance. 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. 7. All lots sold must be collected on the same day. Lots purchased through the electronic auctioning platform can only be collected once payment has been received in full . Items collected are unpacked. Transport agents mandated by the buyer must handle adequate packing, shipping, if necessary export procedures by themselves. Shipment by the seller (e.g. in case of firearms) will only be effected once payment of item(s), fees, shipping, handling, insurance, and other related fees has been received in full . 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 payment 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 auctioned 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 1% of the total purchase price incl. VAT per calendar month or part thereof, with the minimum charge being € 5. Any third-party storage shall be in the name, at the expense and risk of the buyer. Storage of firearms requiring official authorisation, which are subject to a special duty of safekeeping, is charged as a lump sum of € 10 per weapon per month. To non-German residents, requiring import and export permits, storage fees will only be charged from the end of the third month after completion of the sale. If sold lots are not collected within a period of 12 months, two collection reminders notwi thstanding, the Auct ioneer 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. Items shipped by the Auct ioneer shall be , at the buyer’s expense , insured against the usual transport risks. The buyer undertakes to report any discernible damage to the packaging 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, but no later than one week after delivery. No liability will be accepted for defects in case of non-compliance with this requirement. All cases of shipment by an agent commissioned by the buyer are subject to the conditions stipulated in the contract concluded between these two parties, including all fees and all risks. The Auctioneer cannot accept any liability. 8. The bidder shall bear any loss or damage resulting from transmission failures, misunderstandings or errors in telephone, telegraphic, wireless, fax and electronic communications with buyers, provided said damage 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, part icularly those who engage in dealing or exchange during the auction, disturb 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 registered 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 – Uni ted Nat ions Convent ion 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,
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