Auction conditions for consignors
1The items listed on the reverse side will be auctioned to the highest bidder at the next possible auction in the name and on behalf of the consignor in accordance with the provisions of the German Auctioneers Ordinance (Versteigererverordnung) in its current version, as well as based on the auction conditions of KUNSTAUKTIONSHAUS GEORG REHM ORGANISATION VON AUKTIONEN GMBH (hereinafter referred to as the "Auctioneer"). Items not sold during the auction will be offered in the post-auction sale at the set starting prices. The conditions apply accordingly to this private treaty sale. No verbal side agreements exist. Any amendments to this contract must be made in writing to be valid. This does not apply to the approval of a conditional sale.
2The items are used. The consignor assures that he is the authorized owner of the consigned items, or, if this is not the case, that he is otherwise entitled to act either in his own name for the authorized owner or in the name of the owner as his representative.
3If the consignor delivers cultural property whose country of origin is not Germany, he assures that he has complied with the export regulations of the country of origin (cf. §§ 21 ff KGSG) and the import regulations of Germany (cf. §§ 28 ff KGSG).
4The consignor waives valuations or expert reports by publicly appointed and sworn experts. If the consignor requests an expert opinion, it will be obtained by the Auctioneer at the consignor's expense. Valuations are non-binding and free of charge. Precious metal objects may be sold below their material value.
5When consigning archaeological objects (ground finds), the consignor declares that he or his family have been in possession of the items for at least 20 years and that they do not originate from illegal excavations or other unlawful sources.
6For attributions, materials, age statements, etc., the consignor assumes full warranty and liability towards the buyer and indemnifies the Auctioneer against all claims made by third parties. Catalogue illustrations are made at the consignor’s request and in consultation with the Auctioneer. The Auctioneer reserves the right to decide whether or not to illustrate an item. Illustration costs are borne by the consignor. A catalogue and internet entry fee of €15 per consigned object plus VAT applies.
7The consignor delivers the auction goods at his own expense and risk to the contractually agreed auction location. The items are insured by the Auctioneer against burglary, theft, fire, and water damage. The insurance premium amounts to 1% of the agreed reserve price plus VAT. If the consignor does not retrieve the items, he must apply for renewed insurance no later than 8 weeks after the auction. If he fails to do so, insurance coverage will lapse.
8The items are auctioned without reserve ("best possible"). If a reserve has been agreed, the lot will not be sold below the specified minimum price. If no reserve has been set, the Auctioneer will award the lot at his discretion. For estimates up to €200, no reserve will generally be applied. For objects under €200, the entry in the “Limit” column serves solely as the insurance value.
9The auctioneer may issue a conditional sale if a bid is below the reserve. In this case, the bidder is bound by his offer for four weeks. The consignor must communicate his decision to the auctioneer in time so that the bidder can be notified within the 4-week period under normal business processes.
10Unsold items must be picked up by the consignor no later than 14 days after settlement without being prompted. After that, the auctioneer may store the items with third parties at the consignor's expense and risk, and/or include them in another auction, with the reserve price automatically reduced by 50%. After the third auction attempt, the reserve is removed. Transport, packaging, insurance, and return of unsold items are at the consignor's expense and risk; the auctioneer acts only as an intermediary for these services.
11The consignor instructs the Auctioneer to settle and pay out the net proceeds due to him. Settlement will take place no sooner than four weeks after the respective auction. The consignor’s proceeds for sold items are calculated by deducting the agreed commission for the Auctioneer and all expenses from the hammer price. The consignor’s credit becomes due no earlier than upon receipt of the purchase price by the Auctioneer. The Auctioneer is only liable for the receipt of proceeds after the item has been handed over to the buyer. The Auctioneer may collect and pursue purchase monies, outstanding amounts, and ancillary costs in the name of the consignor. If the Auctioneer has already paid out the proceeds to the consignor before the buyer has made payment, he is entitled to reclaim the amount if the buyer fails to pay.
12If the consignor withdraws his order, he must reimburse the Auctioneer for the expenses already incurred (plus VAT), the agreed commission, as well as the Auctioneer's lost buyer’s premium calculated from the reserve price. The same applies if the execution of the order fails due to the consignor’s culpable breach of duty, in particular due to defects in the item. The Auctioneer reserves the right to claim higher damages. The consignor may provide evidence that no damage was incurred or that the actual damage is lower than the lump-sum amount.
13Claims for damages against the Auctioneer may be asserted by the consignor only a) in the event of intentional or grossly negligent breach of duty by the Auctioneer or one of his legal representatives or vicarious agents; b) in the event of damage resulting from injury to life, body, or health based on negligent breach of duty by the Auctioneer or one of his legal representatives or vicarious agents; c) in the event of culpable breach of essential contractual obligations, insofar as the achievement of the contractual purpose is endangered, limited to the typical foreseeable damage. Otherwise, liability for damages is excluded.
14Items purchased by the consignor for himself, whether directly or through a third party, are regarded as having been sold to external buyers.
15If the submitted items are subject to copyright under § 26 UrhG, resale royalties must be paid based on the hammer price. These costs are borne by the consignor. The consignor is aware that, under § 26(4) UrhG, the Auctioneer is obliged to provide the artist with the consignor’s name and address upon request.
16The consignor grants the Auctioneer the unrestricted and royalty-free right to photograph and reproduce the consigned objects and to use and exploit these photographs at any time and in any form, independently of the auction. The consignor waives all image rights and other protective rights toward the Auctioneer and toward third parties. This also applies in the event of termination or other end of this contract.
17If the consignor is a merchant or has no general place of jurisdiction within Germany or another EU member state, the exclusive place of jurisdiction for all disputes is Augsburg. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Auction conditions for bidders
1KUNSTAUKTIONSHAUS GEORG REHM ORGANISATION VON AUKTIONEN GMBH (hereinafter referred to as the 'Auctioneer') organizes the auction as an intermediary (commercial agent) in the name and on behalf of the consignors. Disclosure of the consignors' identities is ensured. On the basis of appropriate authorization, the Auctioneer asserts all rights of the consignor arising from the hammer price in the consignor’s name. The auction is conducted by the sworn and publicly appointed auctioneer Christoph Neureuther. The auction is voluntary. These terms also apply to post-auction sales.
2The Auctioneer reserves the right to combine or separate catalog numbers, offer them out of order, withdraw them, or auction them conditionally.
3All items to be auctioned can be inspected and examined before the auction. The items are used and are auctioned in the condition they are in at the time of the hammer price. Catalog descriptions are for informational purposes only and do not constitute part of the contractually agreed condition of the items, nor do they represent any guarantees in the legal sense. The condition of preservation is not consistently mentioned in the catalog, so the absence of such information does not imply an agreement on condition. The same applies to oral or written statements of any kind and the designation of items during the auction.
4Warranty claims must be made directly to the consignor. The Auctioneer's claims remain unaffected by this. The Auctioneer undertakes to promptly forward any justified defect complaints made by the successful bidder within the statutory warranty period to the consignor of the object in question. The Auctioneer assumes no liability for defects, provided that the Auctioneer has fulfilled his duties of care. In cases of minor negligent breach of essential contractual obligations, the Auctioneer's liability is limited to the reserve or estimated price.
5Claims for damages against the Auctioneer may only be asserted by the bidder a) in cases of intentional or grossly negligent breach of duty by the Auctioneer or a legal representative or vicarious agent; b) for damages resulting from injury to life, body, or health caused by a negligent breach of duty by the Auctioneer or a legal representative or vicarious agent; c) for culpable breach of essential contractual obligations, insofar as the achievement of the contractual purpose is endangered, limited to the typical and foreseeable damage. All other liability for damages is excluded.
6The hammer price is determined after three calls for the highest bid; generally, bidding increases by 10%. Written bids must be submitted before the end of the inspection period. In the case of identical written bids, the one received first will be considered. The Auctioneer may retract the hammer price and re-offer the item if disputes or other doubts about the hammer price arise, or if a timely bid was overlooked.
7For conditional hammer prices, the bidder is bound to his bid for four weeks, while the Auctioneer is not obligated by the hammer price. Any claims by the bidder against the Auctioneer are excluded if the conditional hammer price is not confirmed. If the consignor does not approve the condition or someone bids the reserve, the item may be sold to the higher bidder without further consultation.
8Upon the hammer price, the risk of losses, damage, or mix-ups beyond control transfers to the buyer, who also bears the burden of responsibility. Ownership does not transfer to the buyer until full payment has been received by the Auctioneer. Shipping of auctioned items is at the buyer's expense and risk.
9The hammer price obligates the buyer to accept the item. In the case of purchasing on behalf of a third party, the bidder and the third party are jointly and severally liable. Auctioned items must be collected immediately after the auction. If collection does not occur within four weeks after the end of the auction, a storage fee of €5 plus VAT per day and per item will be charged.
10The purchase price consists of the hammer price plus a premium of 22% on the hammer price plus VAT, which is charged only on the premium. For live bidders, the premium is increased by 3% or 5%, depending on the provider. The invoice amount is due immediately upon the hammer price and payable in cash. If the Auctioneer agrees to non-cash payment, all resulting costs, taxes, and fees (including any bank charges deducted from the Auctioneer) shall be borne by the buyer. In case of payment default, interest of 8% above the base interest rate will be charged as damage caused by delay, without prejudice to further claims; unless the buyer proves lesser damage. Otherwise, the Auctioneer may choose between performance or, after setting a grace period, claim damages for non-performance; such damages may be calculated by auctioning the item again, in which case the defaulting buyer must cover any shortfall compared to the previous hammer price as well as the special costs of the repeat auction, including the Auctioneer’s fees.
11Objects from the National Socialist era are offered and sold only in accordance with §§ 86 / 86a of the German Criminal Code (StGB) and may be used only for the purposes described in § 86 (3) StGB: civic education, defense against unconstitutional efforts, art or science, research or teaching, reporting on events of the time or history, or similar purposes. This also applies to any subsequent transfer to third parties. The Auctioneer reserves the right to prevent the award of such items to persons who cannot guarantee compliance with § 86 (3) StGB.
12Auction lots that contain or consist of materials from protected animal or plant species require official approval for export from Germany to non-EU countries. The same applies to auction lots classified as cultural property by the competent authorities. Obtaining all required permits is solely the responsibility of the buyer.
13The place of performance for the transfer of ownership of the auctioned goods is the Auctioneer's business premises in Augsburg. If the buyer is a merchant or does not have a general place of jurisdiction in Germany or another EU member state, exclusive place of jurisdiction for all disputes is Augsburg. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).