AUKTION 109 | 287 the contract. This also applies if the invoice is issued in the name of another customer. The Auctioneer shall be exempt therefrom. Invoices issued during or immediately after the auction are subject to confirmation and may subsequently require correction. Any discrepancies in the amount shall be payable. 6. Should the buyer fail to fulfil his payment obligations within the specified time limit, he is automatically in default. As a consequence, a minimum charge of € 25 will be added to the invoice amount, along with any payment reminder and/or collection fees incurred. At the same time, interest shall accrue at 5 % above the base rate p.a. Should the buyer fail to meet his payment obligations, despite receiving a reminder, he shall be liable for the damage caused by his default. If the Auctioneer asserts his right to compensation for non-performance under section 326 BGB (German Civil Code), he is entitled to offer the item for auction again at a later date. Once another buyer is found, all rights granted to the previous buyer shall expire. If the lot is resold, the previous buyer shall be regarded as the consignor and is therefore liable to recompense the Auctioneer’s services; fees to the amount of 20 % (incl. VAT) for lots with a hammer price of € 300 and above, or 30 % (incl. VAT) for lots with a hammer price under € 300, as well as all additional costs incurred by the renewed sale of the item thus become payable. He shall have no claim to the excess proceeds. The proceeds from the new auction are to be offset against the debt of compensation on receipt of the payment or the credit by the Auctioneer in accordance with section 367 BGB. Moreover, 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 non-performance. In particular, the claim for compensation includes the commission charges incurred. The Auctioneer is entitled to claim 45 % of the hammer price as flatrate 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 notwithstanding, the Auctioneer 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 Auctioneer 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 noncompliance 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, particularly 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 – United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
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