ANTIQUARIAT A. KLITTICH - PFANKUCH
Theaterwall 17 / Postbox 1133
D - 38001 Braunschweig
Tel. +49 (0)531 24 28 80 -- Fax + 49 (0)531 13 50 5
Summary of our terms of sale by auction
1. The auction is voluntary and takes place on the basis of the vendor's instructions. It is undertaken by Antiquariat Klittich - Pfankuch - auctioneers are Mr. Roger Klittich or Dr. Karl Klittich - in our own name in the account of third parties, with the exception of our own lots which are also indicated separately.
2. The estimate prices are in EURO. Bidding commences at approximately two thirds of the estimate. Hammer prices of under the half of the estimate will not be made under any circumstances. Lots are knocked down to the highest bidder if no higher bid is received after three times of asking. In case of identical bids, the buyer is determined by drawing lots. If a difference of opinion regarding a hammer price cannot be resolved at once, the lot in question will be resubmitted for auction immediately. The auctioneer reserves the right to resubmit a knocked down lot in auction when he has not noticed a bid given in time.
3. The auctioneer reserves the right to auction lots out of sequence, to split lots, to combine separate lots, to withdraw lots, and to knock down lots conditionally. He is entitled to reject bids, either written in or verbal, where appropriate security or satisfactory references have not been supplied prior to the auction.
4. The buyer is liable for acceptance of the goods and for payment. The terms of payment are cash payment in EURO. Agents are joinly and severally with their principals. Auction lots, without exception, will only be handed over after payment has been made. Storage and dispatch for non-local buyers are at their expense and risk. Charges for dispatch, packing and insurance are billed separately. Dispatch is made only after receipt of payment in full.
5. The buyer is liable for a buying commission of 15 % of the hammer price. VAT will be levied on the total of the hammer price and the buying commission at the reduced current rate of 7%. For all items marked with" # "a premium of 23% which includes Value Added Tax (VAT) willl be added to the hammer price (margin tax scheme). Buyers from countries of the European Union are, in future, subject to German VAT (TVA, BTW, IVA). Excepted from this rule are antiquarian booksellers and fine-art dealers who are entitled, under notification of their VAT-ID-number, to buy on the basis of VAT free delivery within the Union. VAT will be refunded to foreign buyers from non-EU-countries on production of evidence of exportation or if appropriate, importation to another country. The proofs of exportation and importation must be given to us within 8 weeks. These are taken for granted when the dispatch is effected by us.
6. Ownership only passes to the buyer when full payment (sum of hammer price + buying commission + charges + VAT) has been received. The buyer, however, immediately assumes all risks when the goods are knocked down to him.
7. In the event of delayed payment, the buyer is liable for all resultant damages, in particular interest and exchange losses. If payment has not been received within two weeks after the end of the auction, the auctioneer is entitled to annul the purchase contract without further notice, and to claim damages from the buyer for non-fulfillment. He can re-auction the goods at the buyer's expense. In this case, the buyer is liable for any loss incurred, he has however no claim should a higher price be achieved and he has no permission to bid.
8. All objects put up for auction can be viewed and examined prior to the auction at the times made known. Greatest care is taken with the catalogue descriptions, these however do not fall under the statutory paragraph for guaranteed legal characteristics. The objects are secondhand. The condition, unless otherwise stated, is good and appropriate to the age. Traces of previous ownership (book-plates, signature, stamps) as well as signs of fair wear and tear (missing clasps, yellowing paper) are not necessarily specifically mentioned. Periodicals, serial works, collected works and combined lots are not always individually collated. No claims will be accepted in respect of these. Claims must be registered within three days of the receipt of the goods, at latest within three weeks after the end of the auction, as at that time the accounting with the vendor is effected.
9. The auctioneer accepts no liability for defects. He will however accept responsibility, in respect of properly founded claims for defects made within the term of limitation of twelve months, for making claims for restitution against the vendor. In the event of a successful intervention the auctioneer will relieve the buyer of all liability.
10. The Antiquariat Klittich - Pfankuch will execute written in bids for the buyer at no charge. Telephone and telegraphic bids must be confirmed in writing. The auctioneer accepts no liability of any nature for bids received later than two days before the commencement of or during the auction; for bids duly received and through negligence not carried out we are liable only to the extent of the estimate. Errors in transmission and postal delays are at the buyer's risk.
11. The place of fulfillment and jurisdiction is Braunschweig. German law applies exclusively. The provisions of international business law and the UN - treaty (CISG) are explicitly excluded.
12. Should one or the other of the above conditions become wholly or partly ineffective, the validity of the remainder remains unaffected.
13. By making a bid, either verbally or written in, the bidder confirms that he has taken note of the terms of sale by auction and accepts these. In the event of dispute the German version of the above terms of Sale is valid.
The Auctioneers: Roger Klittich and Dr. Karl Klittich
(Roger Klittich, sworn and certified Auctioneer)
Antiquariat Adelheid Klittich - Pfankuch GmbH & Co AG Braunschweig HRA 8961
P.h.G. Braunschweiger Verlagsbuchhandlung und Antiquariat Kleine Burg GmbH AG Braunschweig HRB 146
Sitz der Gesellschaft: Braunschweig, Theaterwall 17 Geschäftsführer Roger Klittich
Prokurist Dr. Karl Klittich / Ust - IdNr. DE 114 881 172 / St.-Nr. 14 / 202 / 04499