Conditions of auction

Spring Auction Part II

Auction date: 23.05.2019
Auction number: 41

Terms of public auction as amended on 01.01.2019
With the participation in our auction, whether it is personal, by phone, written, by telex or electronic
participation, are the following terms and conditions recognized; The terms and conditions applies to
all auctions and all the associated business, sales as well as committal. These regulations have
precedence over the consignment agreement, when the same issue governs: For the rest does the
terms of public auction completes the Terms of Consignment Agreement.

1. The Auktionshaus Kloss, Rosenthaler Str. 16, 13127 Berlin sales in public auctions according to §
383 Abs. 3 S. 1 BGB in the name and on behalf of the consignor. It is a voluntary auction. Every
consignor is listed through a number, so it is possible to recognize which item is from which consignor.

2. Every item that is auctioned is without exception used and has, because of age and origin, a
preserved condition. During the pre-auction viewing time, you can prove and inspect the items. The
information in the catalogue and other forms of presentation (for example internet), which in most
cases depends on the information from the consignor, are established after decided knowledge and
conscience. They are no warranted properties in terms of §§ 459 ff. BGB, however unwatchable
general expressions of opinion and not claims of facts. Every type of information, written or verbal,
does only give an expressed subjective assessment of the auction house and are no individual
statement, grantee or agreement on the legal and factually nature. If additional forms of presentation
are used to the catalogue, nevertheless is only the text in the catalogue relevant (not the pictures). It is
reserved to correct information during the auction.
The preserved condition of an object is not always mentioned, so that missing facts can ́t be justified
by the agreement on the legal and factual nature. Damages are only mentioned in the catalogue after
the assessment of the auctioneer when the overall impression of the object is clearly affected. In this
respect results this also in missing facts about reparations, restorations, supplements or other
procedures on the auction object, not that the object is in a perfect condition.
Items of lower value can be sold as a group of items without being mentioned in the catalogue.

Liability and limitation
3. Liabilities of the auctioneer because of obvious or hidden faults, loss or damages of the sold object
are explicit excluded, in case that legal liability is not required by force. Refund for damages against
the auctioneer because of defect of title and defect as to quality as well as other legal terms, including
compensation for efforts of expenses as well as for expert costs are excluded, as long as they are not
founded on intentional or gross negligent by the auctioneer, or have their cause of injury in life, body
or health. The liability for simple negligence is restricted by the height of every knock down. For simple
careless behavior from the auctioneer and the person, which he/she represent, exist only a liability,
when this affects the injury of important contract obligations.

4. Objects from the auction, which belongs to the auctioneer, are separately listed and marked in the

5. The auctioneer declares he/she ready, to remit the direct lodged complaint of the buyer to

6. All titles against the auction house because of used objects subjects to a limitation period of one
year after hand-over of the object, as long as they are not founded on intentional infringement or
legally forced limitation period are statutory. As long as the buyer is a tradesman or freelancer, the
guarantee claims are limited to 6 months after the day of the award. Apart from the shortened
limitation period are titles, which have their cause of injury in life, body or health.
Process of the auction

7. The catalogue number is relevant for every type of bid. The auctioneer has the right to separate and
merge catalogue numbers, offer objects outside the auction or take back.

8. Bids can be declined without reason; this applies especially when a bidder does not know the
auctioneer, has no business relationship with him/her, or if the bidder don ́t furnish security until the
end of the auction. A title of bid acceptance does not exist in case of security furnishment. If a bid is
declined, the previous bid is immediately binding. If several persons make the same bid, the award will
be given to the first bidder. Exists any disagreements over an award, is the auctioneer allowed to
freely favor one specific bidder or call the lot up for sale again. There is no title on the award.
In case of a recall of a lot, the previous bid does not count. If there is an invalid higher bid the previous
bid will still count as highest.

9. All bids are counted on the bidders own name and behalf. If a bidder wants to bid for someone else,
he/she has to refer the name and address of the person he/she represents before the auction. He/she
also needs to refer a letter of attorney, otherwise is he/she bounded.

10.The call of the objects normally starts with the limit price mentioned in the catalogue. In the
catalogue are the estimated prices not limit or top price. It is only an indication for the current market
value of the object without guarantee form correctness. If no price is mentioned will the call start at the
estimated price by the auctioneer. Exception: There are higher pre-bids or a price up to 50% of the
limit price is agreed with the consignor. The bidder steps lies in the discretion of the auctioneer. The
normal bidder steps are an increase of 10%.

11. Bids can be made personally in the auction room as well as written, by telephone or bid online as
long as the auction house uses an allowed platform on the internet.
Written bids needs to be received latest one day before the auction starts and the object must be
mentioned with the listed catalogue number and the bidden price (the bidden price is without buyer ́s
premium and taxes). The written bid orders the auctioneer to bid for him/her. Vagueness goes to the
expense of the bidder. If a written bid is unaccounted, there is no need for the auctioneer to inform the
bidder. Every written bid is only accounted for by the auctioneer when the sum of the bid is relevant.
With telephone bids represents a telephone operator the bidder and bids in the name of him/her. The
telephone bids are seen as firm offers. In the telephone bids is buyer ́s premium, taxes or other costs
are not included. Telephone bids can be recorded by Auktionshaus Kloss. With application to bid by
telephone he/she agrees to the Terms of public auction as amended and recording of the telephone
call. The auction house takes no responsibility for the occurrence and the maintenance of the
telephone connection or transmission errors.

12. Internet bids can be made as pre-bids before the auction as well as live bids during an auction,
which also is sent live on the internet (respecting the current Terms of public auction as amended).
Bids that are made online during a live auction are only considered when it is a live auction on the
internet. Internet bids are then only allowed when the bidder are approved by Auktionshaus Kloss.
Therefore a username, password and an unambiguous assignment of the bid are required. Bids over
internet are electronically recorded. Live bids are handled as auction bids in the room.

13. The right of rescission and return of distance contracts are not applied for written, telephone and
internet bids.

14. The award is carried out after the tree time call from the auctioneer to the highest bidder. If the limit
price is not reached, but is conditional, then is the bidder bounded to his/her bid for four weeks. When
a conditional bid is not agreed with the consignor or if the limit price is bid by another bidder, the object
can be given to the higher bidder without informing the previous bidder. It is the bidder’s responsibility
to inform him/herself of the approval of his/her bid. A conditional bid is also possible, when legal or
actual doubt of an object is notified during the auction. If a given bid doesn’t ́t get awarded, guarantees
the consignor the bidder only intentionally or by gross fault.
If the auctioneer has overlooked a higher bid or if there are doubt about the award, can he/she repeat
an award in favor of a certain bid until the end of the auction, or call the object up for bid again, in
these cases is a previous award invalid.

15. The post- auction sale is part of the auction. For post-auction bids is a treaty only established
when the auction house approve a bid. The Terms of public auction as amended applies also for sales
with private treaties.

Buyer ́s responsibilities
16. Award of an object obligates the personal attention of the bidder, immediate acceptance and
payment of the sold object. In addition to the award sum does the buyer also pay 23,9% buyer ́s
premium plus legally taxes from currently 19 % of the buyer ́s premium (total amount of 28,44%). From
the total net sum including buyer ́s premium comes additionally 7% VAT for pictures, graphics,
sculptures, collection objects, arts and crafts and photography. Exports to countries outside of EU and
companies with information of their VAT.-Nr. in other countries are freed from VAT.

17. Absent buyers are bound to take the object immediately after the notice of award against cash
payment of the award sum and buyer ́s premium including VAT. There is no need for special demand.
The property of the auctioned objects is reserved until all requirements of the auctioneer (which dued
by the buyer at the point of award) are confirmed.
With the issue of the award go all risks, especially accidental perishing and the occurring degradation
over on the buyer. The auction house takes no liability for loss or damage for objects that are not
payed or picked up. Exception: With intention or gross negligence. The auction house can give
objects, which aren’t picked up, to custody of the warehouse keeper at the risk and cost of the buyer,
the buyer will be inform of the custody.

18. Payment can be made in cash with Euro or with EC-card. With an invoice sum of over 500 € is
payment with credit card on site possible with a 2,9 % additional legal VAT. Instead of cash payment
can also a bank confirmed check be used for payment. Checks are only taken on account of
performance. All incurred costs, charges and taxes through bank transfer go to the buyers account.
For absent bids counts prejudice the immediate expiration date for payment within 7 days after the day
of the invoice, not as to late. After the 7 days occurs the payment delay. The auctioneer have the right
to take a 10 € charge for every warning, where the buyer reserves the right to prove that less damage
occurred by the auctioneer.

19. Delayed payment has an interesting for default up to 1 percent per month. The buyer reserves the
right to prove that less damage occurred by the auctioneer. For delayed payment, the auction house
can withdraw from the contract after an appropriate deadline. In case of a withdrawal are all rights of
the bidder canceled. In case of a withdrawal has the auction house the right to damage compensation
to the amount of the buyer ́s premium. Is the object sold in a new auction, guarantees the defaulting
buyer that he/she has to pay the lost costs for the auction house. When it is sold for a higher price has
the defaulting buyer no claim. The auction house has the right to forbid the defaulting buyer to make
further bids.

20. Purchase money and purchase money arrears as well as other services can be claimed and sued
by the auctioneer in the name of the consignor.

21. In opposite of the auctioneer can the buyer only count with uncontested or legally established
claims. Statutory right of lien of the buyer is excluded, as long as it is not based on the same
contractual relationship.

Final provision
22. The bidder agrees that his/her name, address and purchases are electronically recorded and used
by the auction house for purposes of realization and transaction as well as purposes of informing
about future auctions and offers.

23. These Terms of public auction as amended regulates all relationships between the buyers and
Auktionshaus Kloss. General terms and conditions of the buyer have no importance. Verbal subagreement
does not persist. Changes in the Terms of public auction as amended have to occur in
written form.

24. The contract agreement takes effect under German law. The place of contract fulfillment is Berlin.
The place of jurisdiction for disputes and action concerning bills of exchange and check is also Berlin.
The international CISG have no usage.

25. You insure that, as long as the auction house, auction participants and bidders don ́t say, that the
catalogue and the pictured objects from the time of the German third empire only to purposes of
clarification of fact, the blocking of unconstitutional attempts, the art or the science, the research or the
learning, coverage about processes of the events of time or the history or other similar purposes are
auctioned, for example buy (§§ 86, 86a StGB). The auction house and the consignors only give their
objects under aforementioned requirements. Objects which content violate against §§ 130 130a and
131 StGB, are excluded by the auction.

26. Should one or more regulations of these Terms of public auction as amended be legally void, stays
the rest of the regulations are unaffected. The legally void regulations replaces through an effective
regulation to come as close as possible to the economic intent. The corresponding applies, when the
contract holds a supplement gap.

Auktionshaus Kloss © 2020
powered by AuctioNovo GmbH