Conditions of business
All sales at auction are carried out completely voluntarily in our clients (consignors) name and on their account.
Auctionshouse Müller carries on business (whether with actual or prospective buyers and sellers or consignors requiring inspection, appraisal or valuation of property or persons reading catalogueues, or otherwise) on the following terms and conditions and on such other terms, conditions and notices as may be set out in any relevant catalogueue. The definition of words and phrases with special meanings appear in Condition 35, as well as on the backside of the auction-entry form.
Conditions mainly concerning buyers
1. The buyer
The highest bidder shall be the buyer at the 'hammer price' and any dispute shall be settled at the auctioneer's absolute discretion. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Auctionshouse Müller that he acts as agent on behalf of a named principal.
2. Minimum increment
The auctioneer shall have the right to refuse any bid which does not exceed the previous bid by at least 5 percent or by such other proportion as the auctioneer shall in his absolute discretion direct.
3. The premium
The buyer shall pay to Auctionshouse Müller a premium of 10% on the 'hammer price' together with Value Added Tax at the standard rate on the premium and agrees that Auctionshouse Müller when acting as agent for the seller, may also receive commission from the seller in accordance with Condition 15.
4. Value Added Tax (VAT)
Lots on which Value Added Tax is not payable by the buyer on the 'hammer price' are indicated in the catalogueue with the sign. Value Added Tax, the rates of which are subject to alteration by law, is payable at the rates prevailing on the day of the auction on the 'hammer price'.
Purchasers from foreign countries do not have to pay the German Mehrwertsteuer/Value added tax (MWSt./VAT). If the export to their home country or any other foreign country is handled by a licensed Int'l freight forwarder and therefore the correct export papers required by the German authorities are being issued. MWSt./VAT does not have to be paid either, if the foreign purchaser has his registered place of business within the EC and is able to provide the Auctionshouse Müller a valid Tax-ID-Number in a form, required by the German authority.
5. Payment
Immediately a lot is sold the buyer shall:
(a) give to Auctionshouse Müller his name and address and, if so requested, proof of identity; and
(b) pay to Auctionshouse Müller the 'total amount due' in cash or certified funds (unless credit terms have been agreed with Auctionshouse Müller before the auction).
6. Auctionshouse Müller may, at its absolute discretion, agree credit terms with the buyer before an auction under which the buyer will be entitled to take possession of lots purchased up to an agreed amount in value in advance of payment by a determined future date of the 'total amount due'.
By request of Auctions House Müller, purchasers from foreign countries shall provide prior to at the time of registration as a bidder for auction, proof of there method of payment accompanied with proper bank details of their home bank and German correspondence bank. The Auctionshouse Müller may have to ask the foreign purchaser prior to or at the time of registration for auction to pay 10% of the intended purchase value in advance in cash in an acceptable currency. Purchased goods will not be handed out to any purchaser until payment in cash has been received or the full amount for the purchase goods has been credited to the named bank account of Auctionshouse Müller.
7. Any payments by a buyer to Auctionshouse Müller may be applied by Auctionshouse Müller towards any sums owing from that buyer to Auctionshouse Müller on any account whatever without regard to any directions of the buyer or his agent, whether express or implied.
8. Collection of purchases
The ownership of the lot purchased shall not pass to the buyer until he has made payment in full to Auctionshouse Müller of the 'total mount due'.
9. (a) The buyer shall at his own expense take away the lot purchased not later than 5 working days after the day of the auction but (unless credit terms have been agreed in accordance with Condition 6) not before payment to Auctionshouse Müller of the 'total amount due'.
(b) The buyer shall be responsible for any removal, storage and insurance charges on any lot not taken away within 5 workings days after the day of the auction.
(c) The packing and handling of purchased lots by Auctionshouse Müller staff is undertaken solely as a courtesy to clients, and in the case of fragile articles, will be undertaken only at Auctionshouse Müller discretion. In no event will Auctionshouse Müller be liable for damage to glass, regardless of cause. (While Auctionshouse Müller may recommend packers and shippers, Auctionshouse Müller are not responsible for their errors and omissions.)
10. Buyers responsibilities for Lots purchased
The buyer will be responsible for loss or damage to lots purchased from the time of collection or the expiry of 5 working days after the day of the auction, whichever is the sooner, and neither Auctionshouse Müller nor its servants or agents shall thereafter be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any lot is in its custody or under its control.
11. Remedies for non-payment or failure to collect purchases
If any lot is not paid for in full and taken away in accordance with Conditions 5 and 9, or if there is any other breach of either of those Conditions, Auctionshouse Müller as agent of the seller shall, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against the buyer for damages for breach of contact;
(b) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction:
(c) to re-sell the lot or cause it to be re-sold by public auction or private sale and the defaulting buyer shall pay to Auctionshouse Müller any resulting deficiency in the 'total amount due' (after deduction of any part payment and addition of re-sale costs) and any surplus shall belong to the seller;
(d) to remove, store and insure the lot at the expense of the defaulting buyer and, in the case of storage, either at Auctionshouse Müller premises or elsewhere;
(e) to charge interest at a rate not exceeding 2% per month on the 'total amount due' to the extent it remains unpaid for more than 5 working days after the day of the auction;
(f) to retain that or any other lot sold to the same buyer at the same or any other auction and release it only after payment of the 'total amount due';
(g) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtain a deposit before accepting any bids in future;
(h) to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the 'total amount due' and to exercise a lien on any property of the defaulting buyer which is in Auctionshouse Müller possession for any purpose.
12. Liability of Auctionshouse Müller and Sellers
(a) Goods auctioned are usually of some age. All goods are sold with all faults and imperfections and errors of description. Illustrations in catalogueues are for identification only. Buyers should satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its description. The description of equipment, rated by a scale of 1 to 10, is in neither way binding by the Auctionshouse or the seller. Subject to the obligations accepted by Auctionshouse Müller under this Condition, neither the sellers, Auctionshouse Müller, its servants nor agents are responsible for errors of descriptions, resp. photographs (Archival photographs will be used, if equipment was not available in time) or for the genuineness or authenticity of any lot, no warranty whatever is given by Auctionshouse Müller, its servants or agents, or any seller to any buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded.
(b) Export of purchase goods: Shall a foreign purchaser intend to export the purchase goods to his home country or any other foreign country, then he has to obtain any required export permission at his own responsibility. The same shall apply for required import permission for the foreign country to which the goods shall be exported to. Neither the seller, or the Auctionshouse Müller by itself shall be responsible for import or export permissions or handling of any applications therefore. We herewith advise every foreign buyer that the German Bundeswirtschaftsministerium (currently in Eschborn, near Frankfurt) is the German authority issuing or answering questions in regards for import and export permission from and to foreign countries.
(c) Software: There shall be no given rights in regards to the use of any software. The purchaser shall be herewith explicitly informed, that software sold together with hardware or any other software can not be sold, or ownership being transferred to him. In addition no rights allow the usage of any software shall be transferred; on the contrary the purchaser at auction, respectively Auctionshouse Müller, has to obtain the software usage rights or owner ship by himself from the involved software manufacturer.
Conditions mainly concerning sellers and consignors
13. Warranty of title and availability
(a) The seller warrants to Auctionshouse Müller and to the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims.
(b) The seller of property, which is not already held by the Auctionshouse Müller on its premises or under its control, warrants and undertakes to Auctionshouse Müller and the buyer that the property will be available and in a deliverable state in time prior to each auction (typically 8 weeks) on demand by the Auctionshouse Müller.
(c) The seller will indemnify Auctionshouse Müller, its servants and agents and the buyer against any loss or damage suffered by either in consequence of any breach of (a) or (b) above on the part of the seller.
14. Reserves
The seller shall be entitled to place prior to the auction a reserve on any lot, being the minimum 'hammer price' at which that lot may be treated as sold. A reserve once placed by the seller shall not be changed without the consent of Auctionshouse Müller may at their option sell at a 'hammer price' below the reserve but in any such cases the sale proceeds to which the seller is entitled shall be the same as they would have been had the sale been at the reserve. Where a reserve has been placed, only the auctioneer may bid on behalf of the seller.
15. Authority to Dedoct Commission and Expenses
The Seller authorises Auctionshouse Müller to deduct commission at the 'stated rates' and 'expenses' from the 'hammer price' and acknowledges Auctionshouse Müller right to retain the premium payable by the buyer in accordance with Condition 3. The insurance premium will be charged as an expense to the Vendor on the hammer price at a rate of 1 % regardless of the nature of the property.
16. Insurance
Unless otherwise instructed, Auctionshouse Müller will insure property consigned to it or put under its control for sale and may, at its discretion, insure property put under its control for any other purpose.
If Auctionshouse Müller are asked to insure such insurance will be at the expense of the Seller or Consignor, will be for the amount estimated by Auctionshouse Müller to be, from time to time, the current value of the property at auction and will subsist until whichever is the earlier of the ownership of the property passing from the seller or the seller or consignor becoming bound to collect the property. In no event will we be liable for damage to glass.
In all cases save where Auctionshouse Müller is required to insure, the property shall remain at all times at the risk of the seller or consignor and neither Auctionshouse Müller nor its servants or agents will be responsible for any loss or damage whether caused by negligence or otherwise.
If the Seller instructs Auctionshouse Müller not to insure a lot, it shall at all times remain at the risk of the Seller who hereby undertakes
(1) to indemnify Auctionshouse Müller against all claims made or proceedings brought against Auctionshouse Müller in respect of loss or damage to the lot of whatever nature howsoever and wheresoever occurring and in any circumstances even where negligence is
(2) to reimburse Auctionshouse Müller on demand for all payments, costs or expenses made, incurred or suffered by Auctionshouse Müller in consequence thereof or arising therefrom. Any payment which Auctionshouse Müller shall make in respect of such loss or damage or payments, costs or expenses shall be binding upon the Seller, and shall be accepted by the Seller as conclusive evidence that Auctionshouse Müller was liable to make such payment;
(3) to notify any insurer of the existence of the indemnity contained in this Condition.
17. Electrical and Mechanical Goods
The seller or consignor of electrical or mechanical goods warrants and undertakes to Auctionshouse Müller that at the date on which the same are consigned to Auctionshouse Müller or put under Auctionshouse Müller control and except as previously disclosed to Auctionshouse Müller the same are safe if reasonably used for the purpose for which they were designed and free from any defect not obvious on external inspection which could prove dangerous to human life or health, and will indemnify Auctionshouse Müller its servants and agents against any loss or damage suffered by any of them in consequence of any breach of the above warranty and undertaking.
18. Rescission of the Sale
If before Auctionshouse Müller remit the 'sale proceeds' to the seller, the buyer makes a claim to rescind the sale under Condition 12 if a appropriate and Auctionshouse Müller is of the opinion that the claim is justified, Auctionshouse Müller is authorised to rescind the sale and refund to the buyer any amount paid to Auctionshouse Müller in respect of the lot.
19. Payment of Sale Proceeds
Auctionshouse Müller shall present to the Seller 30 days after the auction or after proceeds have been received from the buyer(s), an account statement for sold and unsold merchandise, all collected and received sales proceeds, all deductions, costs etc., to which the Seller has to agree in writing with his signature, before money is released.. The Seller shall then issue an invoice to the Auctionshouse Müller for the agreed amount (evt. plus Sales Tax/MwSt.), only for finance and accounting reasons. At the time the signed statement together with an invoice has been received by Auctionshouse Müller, the agreed proceeds will be paid to the Seller.
20. If the buyer fails to pay to Auctionshouse Müller the 'total amount due' within 35 days after the auction, Auctionshouse Müller will endeavour to notify the seller and take the seller's instructions as to the appropriate course of action and, so far as in Auctionshouse Müller opinion is practicable, will assist the seller to recover the 'total amount due' from the buyer. If circumstances do not permit Auctionshouse Müller to take instructions from the seller, the seller authorises Auctionshouse Müller at the seller's expense to agree special terms for payment of the 'total amount due', to remove, store and insure the lot sold, to settle daims made by or against the buyer on such terms as Auctionshouse Müller shall in its absolute discretion think fit, to take such steps as are necessary to collect monies due by the buyer to the seller and if necessary to rescind the sale and refund money to the buyer.
21. If, notwithstanding that the buyer fails to pay to Auctionshouse Müller the 'total amount due' within 35 days after the auction, Auctionshouse Müller may remits the 'sale proceeds' to the seller and then the ownership of the lots shall pass to Auctionshouse Müller.
22. Charges for Withdrawn Lots
Where a seller cancels instructions for sale, Auctionshouse Müller reserves the right to charge a fee of 20% of Auctionshouse Müller's then latest estimate or middle estimate of the auction price of the property withdrawn, together with Value Added Tax thereon and 'expenses' incurred in relation to the property.
23. Rights to Photographs and Illustrations
The seller gives Auctionshouse Müller full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs and illustrations provided by the seller at any time at its absolute discretion (whether or not in connection with the auction).
24. Unsold Lot
Where any lot fails to sell, Auctionshouse Müller shall notify the seller accordingly. The seller shall make arrangements either to reoffer the lot for sale or to collect the lot and to pay the reduced commission under Condition 26 and expenses'. If such arrangements are not made:
(a) within 7 days notification, the seller shall be responsible for any removal, storage and insurance expenses;
(b) within 3 months of notification, Auctionshouse Müller shall have the right to sell the lot at public auction without reserve and to deduct from the 'hammer price' any sum owing to Auctionshouse Müller including (without limitation) removal, storage and insurance expenses, the 'expenses' of both auctions, reduced commission under Condition 26 in respect of the first auction as well as commission at the 'stated rates' on the sale and all other reasonable expenses
before remitting the balance to the seller or, if he cannot be traced, placing it in a bank account in the name of Auctionshouse Müller for the seller.
25. Private Sales
If any lot fails to reach its reserve and is bought-in for your account, you authorize us, as your exclusive agent, for a period of sixty days following the auction to sell the lot privately for a price that will result in a payment to you of not less than the net amount (after our commissions and expenses) to which you would have been entitled had the lot been sold at a price equal to the agreed reserve. In such event, your obligations to us hereunder with respect to such lot are the same as if it had been sold at auction.
26. Auctionshouse Müller reserves the right to charge commission up to one-half of the 'stated rates' calculated on the 'bought-in-price' and in addition 'expenses' in respect of any unsold lots.
General conditions and definitions
27. Auctionshouse Müller sells as agent for the seller and as such is not responsible for any default by seller or buyer.
28. Any representation or statement by Auctionshouse Müller, in any Catalogueue as to genuineness, origin, date, age, condition or estimated selling price is a statement of opinion only. Auctionshouse Müller reserve the right in forming their opinion to consult and rely on any expert or authority of their choice.
Every person interested should exercise and rely on his own judgement as to such matters and neither Auctionshouse Müller nor its servants or agents are responsible for the correctness of such opinions.
29. Whilst the interests of prospective buyers are best served by attendance at the auction, Auctionshouse Müller will if so instructed execute bids on their behalf, neither Auctionshouse Müller nor its servants or agents being responsible for any neglect or default in doing so or for failing to do so.
30. Auctionshouse Müller shall have the right, at its discretion, to refuse admission to its premises or attendance at its auctions by any person.
31. Auctionshouse Müller has absolute discretion without giving any reason to refuse any bid, to divide any lot, to combine any two or more lots, to withdraw any lot from the auction and in case of dispute to put up any lot for auction again.
32. (a) Any indemnity under these Conditions shall extend to all actions, proceedings, costs, expenses, claims and demands whatever incurred or suffered by the person entitled to the benefit of the indemnity.
(b) Auctionshouse Müller declares itself to be a trustee for its relevant servants and agents of the benefit of every indemnity under these Conditions to the extent that such indemnity is expressed to be for the benefit of its servants and agents.
33. Any notice by Auctionshouse Müller to a seller, consignor, prospective bidder or buyer may be given by first class mail or airmail and if so given shall be deemed to have been duly received by the addressee 48 hours after posting.
34. These Conditions shall be replace all previous versions of the "Conditions of business". They shall be governed by and construed in accordance with German law. All transactions to which these Conditions apply and all matters connected therewith shall also be governed by German law. Auctionshouse Müller hereby submits to the exclusive jurisdiction of the German courts (Achern or Baden-Baden) and all other parties concerned hereby submit to the non-exclusive jurisdiction of the German courts. The place of fulfilment shall be Sasbachwalden.
35. In these Conditions:
(a) 'catalogueue' includes any advertisement, brochure, estimate, price list and other publication;
(b) 'hammer price' means the price at which a lot is knocked down by the auctioneer to the buyer;
(c) 'total amount due' means the 'hammer price' in respect of the lot sold together with any premium, Value Added Tax chargeable and additional charges and expenses due from a defaulting buyer under Condition 11, in EURO;
(d) 'sale proceeds' means the net amount due to the seller being the 'hammer price' of the lot sold less commission at the 'stated rates' and 'expenses' and any other amounts due to Auctionshouse Müller by me seller in whatever capacity and howsoever arising;
(e) 'stated rates' means Auctionshouse Müller published rates of commission for the time being and Value Added Tax thereon;
(f) 'expenses' in relation to the sale of any lot means Auctionshouse Müller charges and expenses for insurance, illustrations, special advertising, packing and freight of that lot and any Value Added Tax thereon;
(g) 'bought-in-price' means 5 percent more than the highest bid received below the reserve.
A currency converter will be operated at some auctions but only for the guidance of bidders. Auctionshouse Müller will not accept any responsibility in the event of error on the currency converter whether in the foreign currency equivalent of bids in EURO or otherwise.
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