The
seller commissions the auctioneer to auction stamps and other
philatelic objects figuring in the delivery list at the next
auction. This order includes the auctioneer’s right to sell
lots not sold at the auction after the fall of the hammer.
The
seller guarantees that the stamps or other philatelic objects
handed in by him are his property and that they are neither
mortgaged, nor otherwise credited to third parties.
The
auctioneer is entitled to a reimbursement of 12% of the proceeds.
If the proceeds remain below EUR 2500.- the reimbursement rate
will rise up to 15%. If the proceeds remain below EUR 1000.-, the
reimbursement rate will rise up to 18%. Each sold lot is liable
to a fee of EUR 2.-. Full insurance cover generally applies to
all material handed over to us, the seller being charged with an
insurance fee amounting to 1% of the proceeds. The seller will be
charged with the cost of returning lots which have not been
accepted or not been sold. A prime cost charge can be raised for
administration work, such as the arrangement of consignments and
legacies, or the estimation of collections. There will be no
charges for photo plates, unsold lots, etc. No VAT will be
charged on commissions or fees. Each consignment should have a
minimum value of EUR 2000.-, each lot a minimum starting price of
EUR 30-.
The material handed over to the
auctioneer will be kept in especially safe rooms and containers,
and be treated with the utmost care. The auctioneer will take out
insurance against the usual risks of transport and storage. Any
compensation claims against the auctioneer, be it for
unauthorised actions, for delay, impossibility of service,
positive breach of contract, or fault on taking out the contract
are excluded, unless the damage has been caused by deliberate
action or by gross negligence. Deliveries received by post are
covered as follows by our private supplementary insurance:
Recorded
deliveries within Germany up to EUR 1300.-
Recorded
deliveries within Europe up to EUR 5000.-
Recorded
deliveries overseas up to EUR 2500.-
ordinary
parcels of up to EUR 25000.-
The
handling of stamp deliveries and other philatelic objects will be
effected with the utmost care. The seller leaves it to the
auctioneer’s discretion to classify and describe the
delivered objects, even though that judgement may deviate from
the description given on the receipt for delivery
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The auctioneer is authorised to
examine the authenticity and the state of preservation of the
material handed in, or to have it examined by third parties, the
cost of which will be chargeable to the seller. Stamps found out
to be definite counterfeits can be marked as such.
The estimated prices for the
delivered material will be stipulated by the auctioneer on the
basis of market conditions. The auctioneer is authorised to knock
down lots at 10% below the starting price without prior
consultation with the seller. Substantially lower bids can only
be accepted with the reservation that the lot will not be knocked
down unless the seller gives his consent. The seller can limit
the delivered material by agreement with the auctioneer.
If the seller withdraws his
auction order, the auctioneer is entitled to an amount covering
20% of the estimated value as a flat-rate compensation for
incurred costs and lost reimbursement claims The auctioneer is
also entitled to compensation claims for provable substantial
damage.
The accounts with the seller will
be balanced about 5 weeks after the auction. If the advance
payment made to the seller is not covered by the net proceeds of
the auction, the seller is obliged to pay back the excess amount
at two weeks’ notice. If the seller is in arrears with the
repayment, the amount due will be charged with an interest rate
of 1% for every month. The auctioneer is authorised to re-auction
at his discretion unsold lots delivered by the seller , and to
balance the corresponding proceeds with the advance payment
due.
The conditions of auction
stipulated in the catalogues are likewise part of the auction
order. Additional or deviating agreements are only valid with the
written consent of the auctioneer.
The place of payment is the
residence of the auctioneer. The court of jurisdiction for all
claims arising from the auction order, inclusive claims of checks
and bills, is the residence of the auctioneer. The same court of
jurisdiction is valid if the seller is no resident of the
auctioneer's country, if he has moved his place of residence or
his usual domicile abroad, or if his place of residence is
unknown at the moment of the institution of proceedings.
Managing director:
Ekkehard Järschke - Trade register no.: Amtsgericht Kiel, B
671
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