1. Hardt Auctions GmbH (referred to below as the “auctioneer”) auctions the items listed under the appended auction conditions as an agent in the name of and on the account of the vendor. Until the auction is conducted, the vendor is bound to the contract. Unless otherwise agreed, the auction house retains the right to sell free-handed items that have not been sold within a period of 6 weeks following the end of the auction.
2. The vendor confirms that they have been informed of the place and time of the auction for which the items delivered are intended to be auctioned.
3. The vendor provides assurance that they are the owner with free right to dispose of the items to be auctioned, or are authorised to act for such a party. They further provide assurance that cultural assets which are classified as national cultural assets of another country have according to their knowledge been exported under conditions that do not violate the legal stipulations of the country of origin (§ 28 KGSG, the legislation on the protection of cultural assets).
4. The items are used. The vendor vouches to the auction house, with the corresponding application of the conditions of the sale of goods law, for all material and legal faults, with the proviso that the period of limitation is twelve months, and begins only with the transfer of the object to the auctioneer. Should faults already emerge before the auction, or there is doubt in the fault-free nature of the item, the auctioneer retains the right to remove the item affected from the auction or to postpone the auction until a later date. Should the auctioneer regard the conducting of research as being appropriate, with the agreement of the vendor, the costs arising for such research shall be borne by the vendor. Should a third party assert claims of ownership with regard to the item, the acceptance of a bid can be made without the agreement with the vendor with reservation (“UV-Zuschlag”). In this case, the auctioneer retains the right to take over the responsibility for the negotiations and if necessary to conduct the process with the third party and the purchaser with reservation in order to clarify the issue of ownership. The costs arising from this process shall be borne by the vendor.
5. The vendor agrees to the following conditions of sale:
10% fee on the accepted bid price
250 € photograph costs per lot
6. The value of the objects delivered for auction shall be assessed by the auctioneer. Minimum accepted bid prices (limits) can be agreed with the vendor. If an agreed limit is not reached, the auctioneer may accept a bid for the item with reservation.
7. The items shall be delivered in due time to the auction house, at the cost and risk to the client. The auctioneer is ordered to insure the items at the cost of the vendor at the level of the limit, and with unlimited items at the level of the estimated price, in each case minus the agreed fee against breakage, theft, fire and mains water damage. The insurance lump sum is 1% of the estimated price, plus VAT. The period of insurance extends to up to 2 weeks following invoicing. Should the vendor reject the option of insurance by the auctioneer, all legal or contractual liability on the part of the auctioneer is excluded, unless the auctioneer is guilty of intent or gross negligence. With deliveries from third countries, the vendor is obliged to ensure the correct completion of customs procedures, insofar as they have not requested that the auctioneer process the import. Customs duties and processing costs shall be borne by the vendor. The import VAT may be reimbursed in accordance with the valid VAT legislation.
8. Items which are not sold must be collected by the vendor 14 days at the latest following invoicing and at their own initiative. After this period, the auctioneer may store the items at the cost and risk to the vendor, either in the auctioning house or with a third party. If the item is stored, the vendor shall also bear the costs of any necessary insurances. A cost payment of up to 6 euros (plus VAT) or the price of the storage company will be charge per item, per day. Transport, packaging, insurance and return post of non-sold items are at the cost and risk to the vendor. Return items are only sent when the auctioneer or company responsible for conducted the procedure have been presented with a dispatch order signed by the vendor, and the calculated dispatch costs and all other fees charged by the auctioneer have been paid.
9. Within 6 weeks following completion of the auction, the vendor shall receive payment of the auction revenue, minus the commission fee of the auction house and disbursed costs, insofar as the revenue has been received by the auction house. Payment is made according to the given payment method. For cash payments of 10,000 euros and above, the payment recipient must provide identification through their personal identification document. The costs of a non-cash payment shall be borne by the payment recipient. The auctioneer may offset auction revenues against obligations on the part of the vendor. The revenue due to the vendor for auctioned items results from the deduction of the agreed fee and all expenses from the accepted bid price. For German imports and those within the European Union, the legal VAT arising is included in the fee, and is not shown separately. Further expenditure, e.g. for individual advertising measures, transport, restoration, travel costs and assessment reports, shall be invoiced according to the evidence of cost. The legal VAT must be paid on all expenditure. The legal VAT cannot be reimbursed for foreign vendors. Should the auction house fail to receive the revenue, it may name the purchaser to the client without legal prejudice even after the notification of order implementation. Should the auction house have already handed the item to the purchaser, it is responsible for paying the revenue to the vendor.
10. Should the implementation of the auction order have been impossible due to a culpable infringement of obligations on the part of the vendor, the vendor must in each case pay to the auctioneer the agreed commission fee and the lost surcharge of the auctioneer, alongside the amount already spent, which are deducted from the limit value. The auctioneer retains the right to assert greater damage. The vendor has the right to request evidence that no damage has occurred, or that it is considerably lower than the lump sum.
11. The auctioneer is liable to the vendor to an unlimited degree when legal representatives or agents of the auctioneer infringe obligations of essence to the contract. Furthermore, the auctioneer is only liable to the vendor when their damage is caused by an infringement of obligations by a legal representative or agent of the auctioneer due to intent or gross negligence, or when the damage to the vendor to their life, body or health is due to an infringement of obligations by a legal representative or agent of the auctioneer due to intent or gross negligence.
12. No verbal agreements are made. Alterations or supplements to the contractual conditions must be made in writing.
13. The place of fulfilment and place of jurisdiction, if they can be agreed, is solely Radevormwald. German law applies exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
14. Should one of the above conditions be entirely or partially ineffective, the validity of the others remains intact.
15. Insofar as the conditions of contract are provided in several languages, the German version is decisive.