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 auction regulations in their current version, as well as the auction terms of Kunstauktionshaus Georg Rehm Organisation für Auktionen GmbH (hereinafter 'Auctioneer'). Items not sold at auction will go into post-auction sales at the set starting prices. The consignor's permission for post-auction sales is hereby granted. The same conditions apply to these free sales. There are no verbal collateral agreements. Any changes to this contract must be in writing to be valid. This does not apply to the approval of a conditional bid.
2The items are used. The consignor assures that he is the rightful owner of the delivered items or, if not, that he is authorized to act in his own name for the rightful owner or in another's name as their authorized representative. Upon request by the auctioneer, the consignor is obliged to provide proof of this, such as an original power of attorney from the rightful owner. This also applies to household items submitted by a spouse.
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 appraisals or assessments by publicly appointed and sworn experts. If the consignor wishes for an appraisal, it will be obtained by the auctioneer at the consignor's expense. Estimates are non-binding and free of charge.
5The gold and silver value of the delivered items will be determined upon request. Precious metal objects may be sold below their material value.
6The consignor assumes sole responsibility and liability towards the buyer for attributions, materials, age statements, etc., and indemnifies the auctioneer against any claims made by third parties. Catalog images are made upon the consignor's request, in coordination with the auctioneer. The auctioneer reserves the right to display or not. Imaging costs are borne by the consignor. For each delivered item, a catalog entry and internet fee of 15€ is incurred.
7The consignor delivers the auction items 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 is 1% of the agreed limit, but at least 5 euros. If the consignor does not retrieve the items, he must apply for reinsurance no later than 8 weeks after the auction. If this is not done, there will be no insurance coverage.
8The items are auctioned without a reserve price ('best possible'). If a reserve price is agreed, the item will not be sold below the stated minimum price. If no reserve is set, the auctioneer awards the bid at his discretion. For estimated prices up to 200 euros, no reserve is set as a rule. The entry in the 'Reserve' column for objects under 200 euros is merely a guideline for indicating the estimated price.
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. The settlement will be made no earlier than four weeks after the respective auction. The consignor's proceeds for auctioned goods are determined by deducting the auctioneer's agreed commission and all expenses from the hammer price. If follow-up royalties under § 26 UrhG arise, these are borne by the consignor. The consignor's balance is due no earlier than when the purchase price is received by the auctioneer. The auctioneer is only liable for the receipt of proceeds after handing over the item to the buyer. The auctioneer may collect and sue for purchase money, arrears, and ancillary costs in the consignor's name. If the auctioneer has already paid the proceeds to the consignor before receiving payment from the buyer, he is entitled to reclaim the amount if no payment can be obtained from the buyer.
12If the consignor withdraws his order, he must reimburse the auctioneer for the agreed commission as well as the lost auction premium from the reserve price, in addition to any expenses already incurred (plus VAT). The same applies if the order cannot be executed due to the consignor's breach of duty, particularly due to defects in the item. The auctioneer reserves the right to claim higher damages. The consignor may prove that no damage has occurred or that the damage is less than the lump sum.
13Claims for damages against the auctioneer can only be made by the consignor a) in the event of intentional or grossly negligent breach of duty by the auctioneer or a legal representative or agent of the auctioneer; b) for damages resulting from injury to life, body, or health due to a negligent breach of duty by the auctioneer or a legal representative or agent of the auctioneer; c) for culpable breach of essential contractual obligations, insofar as the achievement of the contract's purpose is endangered, with regard to the contract-typical, foreseeable damage. Otherwise, liability for damages is excluded.
14Items that the consignor purchases for himself or through a third party are considered sold to others.
15If submitted items are subject to copyright under § 26 UrhG, follow-up royalties must be paid from the hammer price upon sale. The auctioneer reserves the right to claim these royalties retroactively. The consignor is aware that, under § 26 Abs. 4 UrhG, the auctioneer must provide the author's name and address upon request.
16The consignor grants the auctioneer the unlimited and free right to photograph and depict delivered objects, and to use and exploit these photographs at any time and in any form, independently of the auction. The consignor waives any image rights or other protective rights against the auctioneer and third parties. This also applies in the event of termination or other conclusion of this contract.
17If the buyer is a merchant or has no general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes is Augsburg. German law applies, excluding the UN Sales Law.
Auction conditions for bidders
1The Georg Rehm Art Auction House Organization for Auctions GmbH (hereinafter referred to as the 'Auctioneer') organizes auctions as an intermediary (commercial broker) on behalf of and for the account of the consignors. The identification of the consignors is guaranteed. The Auctioneer, by virtue of appropriate authorization, asserts all rights of the consignor 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. The terms and conditions apply accordingly to private 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 can only be made by the bidder a) in the event of intentional or grossly negligent breach of duty by the Auctioneer or a legal representative or agent of the Auctioneer; b) for damages resulting from injury to life, body, or health due to a negligent breach of duty by the Auctioneer or a legal representative or agent of the Auctioneer; c) for culpable breach of essential contractual obligations, insofar as the achievement of the contract's purpose is endangered, with regard to contract-typical, foreseeable damages. Otherwise, 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 purchase on behalf of a third party, the bidder and the third party are jointly liable. Items must be collected immediately after the auction.
10The purchase price consists of the amount on which the hammer price is awarded (hammer price), a premium of 22% of the hammer price, and the applicable statutory VAT, which is charged only on the premium. For live bidders, the premium is increased by 3% or 5%. The invoice amount is due upon the hammer price and payable in cash. If the Auctioneer agrees to non-cash payment, all resulting costs, taxes, and fees of the payment (including bank charges deducted by the Auctioneer) are borne by the buyer. In the event of payment default, interest at a rate of 8% above the base interest rate is charged as default damages, without prejudice to further claims; unless the buyer proves lesser damages. Furthermore, the Auctioneer may, at his discretion, demand either performance or damages for non-performance after setting a deadline. The damages may also be calculated by re-auctioning the item in a subsequent auction, and the defaulting buyer will be responsible for any shortfall in proceeds compared to the earlier auction and the special costs of the re-auction, including the Auctioneer's fees.
11Items from the National Socialist era are offered and sold by us only in accordance with Sections 86 / 86a of the German Criminal Code (StGB), and may only be used for the purposes described in Section 86(3) StGB, such as civic education, art, science, research or teaching, reporting on current events or history, or for similar purposes. This also applies to sales to third parties. The Auctioneer reserves the right to prevent individuals from purchasing such items if they cannot guarantee their use in accordance with Section 86(3) StGB.
12The place of performance for the transfer of ownership of the auctioned goods is the Auctioneer's premises in Augsburg. If the buyer is a merchant or has no general place of jurisdiction in 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.