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General Terms and Conditions of Sale for Lien Auctions

(The German version of these General Terms and Conditions of Sale - Allgemeine Versteigerungs- und Verkaufsbedingungen für Pfandrechtsversteigerungen - is legally binding at all times.)

1. Bidders/buyers acknowledge these terms and conditions of sale as binding by their participation at lien auction. These terms are also applicable for private sales.

2. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR and their franchise partners auction publicly in the name and on behalf of their consignor.

3. On request the successful bidder can be informed about the name oft the consignor of the item/s.

4. The items  put up for auction can be viewed before at given time.

5. The items are sold in the condition in which they are at the time of the auction. They could show damage which has not been mentioned in the catalog or other descriptions. The buyer acknowledges that any claim shall be rejected and DEUTSCHE PFANDVERWERTUNG give no warranty for quality, condition, completeness, apparent or hidden defects, other damage or special characteristics. The buyer acquires / buys used or mobile objects without any warranty. Technical Data, measurements or weight details, specification of years or other information are not binding. Listings of properties are done carefully and conscientiously. They do not constitute an agreement or give guarantee of. Written or oral reports on the state merely are a subjective opinion and do not constitute individual agreements that the above conditions and regulations. Such information merely is to be considered as additional information. According to § 474 paragraph 1 sentence 2 BGB, the regulations of purchase of consumer goods do not apply. Claims for damages against DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR, against their vicarious agents, fulfillment mates, employees or are other persons working for them as well as against their consignor are excluded, regardless of the legal reason. The deadline for the enforcement of any claims is one year. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR do not accept any liability for the establishment or maintenance of a telephone or online connection. The right for return or withdrawal according to §§ 312bff, 355ff BGB does not apply to purchase orders brought about by online bids. The imaging part of cataloges and other information generally serves as additional information; errors and omissions are excepted. In case of discrepancies between imaging and part of the text, the authentic text is valid. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR assume no liability for mistranslations of texts from German in other languages; relevant is the German version. This also applies for these terms and conditions.

6. Bidders for auction sales will be asked at the entrance oft the auction site to indicate their name and address as a bidder and they will be handed a bidding plate or auction paddle. New customers are requested to legitimize themselves with their valid ID card and to deposit as security a cash deposit. Written bids from new customers require the delivery of a copy of identity card and a credit confirmation. The bids must be submitted in Euro and take place by acclamation, whereas the bidder number should clearly be shown. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR are entitled to separate, auction out of order of catalog numbers, summarize or skip auction items that are listed in the catalog resp. information material. The call usually starts with the price as mentioned in the catalog. The call of an item is increased generally in 10% increments.

7. The minimum bid is determined by the auctioneer at his discretion and estimation for the entire auction.

8. The highest bidder gets the surcharge after three calls. DIE AUKTONSPROFIS Ostermayer & Dr. Gold GbR reserves the right to refuse the surchage without explanation, refuse bids from unknown bidders and reject bids if the deposit has not been delivered before auction. In case several people  bid at the same time at once the same maximum bid, the auctioneer shall decide at his discretion.  Any doubts about the surcharge immediately have to be announced. If a disagreement cannot be settled immediately, DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR can offer the item again at this auction. In case that  the highest bidder does not accept the surcharge, DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR can award the surcharge to the immediately preceeding bidder. The amount stated in a written bid is deemed as the limit for the possible hammer price, exclusively of the premium plus VAT on that premium. When the surcharge will be awarded under reservation, the bidder remains bound to his bid for 3 weeks. His bid expires if he is not awarded the unconditional surcharge in writing within this time. If a surcharge subject to reservation will not be accepted, the item oft that catalog number can be surcharged without confirmation to another bidder. In all cases, alone the orders of the auctioneer are valid and in effect.

9. The sucharge requires to immediately collect the auctioned item after immediate full payment. If there is any doubt about the purchase price (hammer price), the auction protocol prevails.

10. All hammer prices are in Euro plus a buyer’s premium on the hammer price of 25 % + 19 % VAT (if not stated otherwise) on that premium. There will be no VAT charged on the hammer price.

11. Full payment of the total sum must be immediately be effected in cash or irrevocable, certified check after surcharge awarded to the auctioneer. If this obligation will not be followed, the purchased item will be auctioned again. The first purchaser is then not approved at auction for this item. Deposits by this bidder will be awarded to the auctioneer. The bidder remains personally liable for the shortfall; to any additional proceeds he is not entitled.

12. Upon surcharge, the item is award to the highest bidder/buyer as handed over, meaning also that the liability and risk of accidental loss passes to the buyer, as well as the loss or damage by fire, water, storm, theft and burglary. This applies also and in particular to parts and accessories. The ownership of the item will be awarded to the highest bidder/buyer only  after full payment - by check, bank transmmittance, cash or by irrevocable bank confirmend check – credited to the account of DEUTSCHE PFANDVERWERTUNG.

13. The collection of the items bought at auction takes place only after receipt of full payment, whereas the hammer prices for each item are do be understood as unmounted, on-site, not loaded. The pick-up must be made on the dates specified. For packaging, storage and shipping, DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR have no obligation; also they are not obliged for insurance. A shipment is taken care of only if stipulated with DEUTSCHE PFANDVERWERTUNG, at the expressed request of the buyer and without exception at the buyer’s risk and cost. For the delayed collection fees of up to 10 Euros can be charged per day. If after a week after the auction no pick-up takes place, the auctioneer reserves the right without further notice to auction this item anew or to sell it privately. The extra costs incurred and/or due to possibly smaller proceeds will be charged to the primary customer. If the buyer is in delay with his full payment, default interest in accordance with § 288 BGB in the amount of 5% and 8% above the base rate will be charged. In this case, the rights of the buyer of a successful bid extinguish with the proviso that the non-detached item can be auctioned again. If the consignor hereafter announces any claim in this regard the purchaser is liable for all costs in regard to this issue, i.e. in addition to the cost of storage of the goods sold by auction also for both the premium of DEUTSCHE PFANDVERWERTUNG Ostermayer & DR. Gold GbR and for any deficiency in the proceeds of a second auction. The buyer has no right for claim of additional proceeds achieved in a renewed auction. Any compensation claims from non-timely collection/pick-up of an item are ceded to the consignor.

14. The auctioneer who conducts the auction has the right to exclude those persons from participation at auction who disturb the auction in any way, disrupt the auction process in any manner, and if necessary, he can remove them by private security personnel or with police assistance.  The deposit payments of such persons then expire immediately and will be awarded to DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR.

15. The auctioneer may suspend or cancel the auction, if he knows or must assume according to the circumstances that:

15.1. People have made appointments according to which other people shall be prohibited from bidding or from continuing of bidding;

15.2. Things shall be bought at auction by people pretending to bid for themselves but actually bidding for others in order that items be sold by thirdparties to mutual advantage or to be distributed among them;

15.3. People bid who professionally bid for others or undertake to do so;

15.4. Persons constituting a bidder ring with the intention to minimize the height of the auction proceeds.

The auctioneer may exclude such people as referred to in point 15.1 to 15.4 from participating at auction and, if necessary, have them removed by private security personnel or with police assistance. The deposit payments of these people then expire immediately and will be awarded to DEUTSCHE PFANDVERWERTUNG Ostermayer Dr. & Gold GbR.

16. The buyer may only offset with undisputed or legally established payment claims against DEUTSCHE PFANDVERWERTUNG Ostermayer Dr. & Gold. A right of retention of payment by the buyer is excluded insofar as his demand is not based on the same contract.

17. For accidents during the inspection, auctioning and collection all liability is excluded. The starting up and operating of machines, cars, musical instruments, devices or other items is strictly prohibited.

18. All visitors to the auction and/or viewing are liable for damage caused by them of any kind.

19. For accidents or damage to buildings, foreign objects and other things,  the buyer is liable.

20. The auctioneer is entitled to collect the purchase prices as well as other claims in his own name on behalf of the consignor , further to undertake legal measurements and to enforce legal action.

21. A bidder who bought on behalf of others,  will be – in addition to these persons – directly liable as well.

22. Invoices issued during or directly after the auction may require further inspection, so that subsequent corrections are permissible.

23. We take data of all business partners to our files and process them according to the regulations of the Federal Data Protection Act (BDGS).

24. Each bidder receives a bidder card with a personal number upon presentation of their identity card. For the abuse with this bidder number the bidder will be liable.

25. Export declarations in line with EU regulations are at  sole responsibility and duty of the buyer. Our company is not entitled to fill out and execute such declarations. We are obliged to charge VAT on the buyer’s premium. This VAT can possibly be refunded in the home country of the buyer at his responsibi-lity and his duty. Usually, the home Chamber of Commerce can be contacted by the buyer in this matter.

26. In respect to all sales at auction conducted by DEUTSCHE PFANDVERWERTUNG, the company DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr.Gold GbR act solely as intermediaries/agents. A liability of DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR is excluded.

27. Fulfillment and jurisdiction is 83623Dietramszell-Germany. The law of the Federal Republic of Germany shall apply exclusively – excluding the CISG.

28. If any provision of this agreement are invalid or will become invalid, this shall have no impact on the validity of the remaining provisions of this contract.

29. The company DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR are empowered to act for the rights of the buyer and in its name.

30. This English translation of „Allgemeine Versteigerungs- und Verkaufsbedingungen für öffentliche Versteigerungen (Pfandrecht)“ of DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR serves for information to English speaking bidders. The German version – Allgemeine Versteigerungs- und Verkaufsbedingungen für öffentliche Versteigerungen (Pfandrecht) – prevails at all times and is legally binding.


July 2017

F. Eberhard Ostermayer,  Dr. Dagmar Eleonore Gold
Bierhäuslweg 9, D-83623 Dietramszell
Telephone 0049 - (0) 8027 908 9928
Telefax 0049 – (0) 8027 908 9932
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Ostermayer & Dr. Gold GbR
Bierhäuslweg 9, D-83623 Dietramszell



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