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Terms and conditions

Consignments

Consignments are welcome at any time. The consignment deadline is 6 weeks before the scheduled auction date.

NOTE FOR THE CONSIGNOR

Our experts will support you with well-founded know-how and long experience at any time. They will advise you if you want to consign individual objects or complete collections to the auction.
We are regularly on the road to collect consignments. If you contact us early by phone, email or fax, we can drop by to collect yours as well.

LIMIT PRICE

The current market value of your clock(s) is determined upon assessment by our experts. If you decide to consign your objects, we will agree on a limit price (minimum price) with you. Your objects will not be auctioned below this price.

CONSIGNMENT

After we establish a limit price, you will receive the consignment contract for signature. This contract will contain our general terms and conditions as well as the commission fee if the object is sold. Your objects will be included in the next auction catalogue with a description and possibly with pictures. The consignment deadline for the respective next auction is six weeks before the auction date.

SALE

After completion of the auction and the post-auction sale, you will receive a settlement indicating the selling price minus the commission fee and any secondary costs. The final amount is paid out by money transfer or crossed cheque.

 

Auction conditions

  1. Galerie + Auktionshaus Peter Klöter (hereinafter: Auctioneer) auctions the objects to be auctioned in its own name and for the account of the consignors, who will remain unnamed.
  2. The auctioned objects may be viewed and – at the potential buyer's risk – inspected before the auction. We recommend the greatest care when viewing, since every visitor is liable in full for any damage caused by him. The objects are usually used and sold in the condition at sale. The catalogue descriptions are drawn up according to our best knowledge but are not warranted properties in the sense of § 459 et seqq. German Civil Code. This specifically applies to any information on the origin, condition, age, authenticity and attribution, which are usually to be seen as opinions, rather than claimed as facts. Complaints of any kind can no longer be considered after the sale.
  3. The bidder purchases for his own account unless he indicates the name and address of a client before the auction starts.
  4. The Auctioneer has the right to combine or split up catalogue numbers, to offer them out of order or to withdraw them.
  5. The objects are sold to the highest bidder after three calls. The Auctioneer has the right to reject a bid or to sell under reservation. If a bid is rejected, the previous bid remains binding. Sale under reservation binds the bidder to his bid for a period of four weeks from the day of the call. The offer at the limit price to the general public is retained. If a post-auction offer at the limit price is made, the object may be sold to other bidders or also sold on the free market without coordination. Sale without reservation enters into effect upon dispatch of the written information (invoice) to the address indicated by the bidder.
  6. If several persons place the same bid, lots are cast. Disagreement over the last bid or a sale is dealt with by repeating the object's offer. This also applies if a higher bid made in time has been missed by accident.
  7. The sale commits to acceptance of the object and payment of the purchasing price to the Auctioneer. Possession and risk pass to the purchaser directly upon sale; title is only transferred upon complete payment of the purchasing price.
  8. Purs. to § 25 a UStG, all deliveries are subject to the margin scheme for collectors' items and antiques/special rules: a surcharge of 23% to the sales total is charged. This surcharge includes the statutory VAT for the total margin. The VAT is not indicated in invoicing. In case of consignments from third countries that are subjected to import VAT (marked * in the lot no.), the invoice includes the regular tax: a surcharge of 19 % is applied to the selling total. The selling total plus surcharge is subject to statutory VAT.
  9. The statutory VAT currently is 19 % (as of: 01 January 2007).
  10. Tax exemption for intra-community export deliveries is excluded. When making deliveries to third countries, the VAT will be reimbursed to the purchaser once the Auctioneer receives proof of export and acceptance.
  11. The purchasing price falls due upon sale and must be paid to the Auctioneer in cash or with a cheque confirmed by the bank. For purchasers who have submitted their bid in writing or on the phone, the claim will fall due at receipt of the invoice. The bought objects may be collected upon receipt of the payment or crediting to the account of Galerie + Auktionshaus Peter Klöter. If shipping is desired, the purchased goods are shipped at the cost and risk of the purchaser, either as a parcel, uninsured – or as a value parcel according to the shipping costs paid.
  12. In case of default of payment, a default surcharge of 3 % of the total claim is charged. At payment default, default interest of 4 % above the respective discounted rate of the Deutsche Bundesbank is charged.
  13. If the purchaser refuses acceptance or payment or if he enters default of payment, the Auctioneer may either demand performance of the purchasing contract or claim damages for non-performance. The purchaser will enter default if the grace period stated in the dunning notice has passed without result.
  14. If the Auctioneer demands payment, he is due default damages in addition to the purchasing price. This also includes any currency loss, interest loss according to the proviso of item 12 and the costs for prosecution.
  15. If the Auctioneer claims damages for non-performance, he has the right to auction the object of the auction again at another time. Upon the sale, the rights of the purchaser from an earlier sale to him will lapse. The purchaser is liable for any loss, has no claim to possible additional revenue and is not admitted to the re-auction. For the re-auction, he is deemed the consignor and, as such, has to pay a commission fee of 18 %. The Auctioneer is entitled to decide to claim damages instead of payment at any time. If he claims damages due to non-performance, the payment claim lapses.
  16. Purchasing orders of external potential buyers can only be considered if placed in writing, containing specific information and received by the Auctioneer no later than one day before the auction starts. The prices named in them are the limits for sale; the surcharge is invoiced separately. The price named in the written order is deemed the maximum bid. The object may also be sold at a lower price. Please write clearly when submitting written orders by mail or telefax. Orders by unfamiliar customers can only be executed if sufficient coverage is proven.
  17. Bidders by the phone are called before the desired lot number is auctioned if a written request for this has been placed no later than 1 hour before the start of the auction. The Auctioneer does not assume any liability for the establishing or maintenance of the phone connection.
  18. Storage generally takes place at the expense and the risk of the purchaser.
  19. These auction conditions also apply to post-auction sale and sale on the open market accordingly.
  20. The place of performance is Böblingen. If the consignor is a full merchant or does not have any general place of jurisdiction in the country, the place of jurisdiction is Böblingen. German law is applied under exclusion of UN purchasing law.
  21. If one or several provisions of these auction conditions are wholly or partially invalid, the validity of the remaining provisions remains unaffected.

The Auctioneer