Germany Terms and Conditions

Agreement Special Conditions and Terms of Sale – Germany

Introduction

1. The contractual relationship between Euro Auctions GmbH (registered in Germany with number HRB13567) and the Purchaser is governed by

1.1. these terms and conditions;

1.2. the information as detailed in the sale catalogue for each Auction; and

1.3. any additional notices and terms printed in the sale catalogue in each case as amended by any saleroom notice or Auctioneer’s announcement.

2. Definitions

"Agreement" means this agreement

"Auction" means an auction undertaken by Euro Auctions GmbH

"Auction Site" means any Euro Auctions GmbH premises from where the Auction is conducted

"Auctioneer" means Euro Auctions GmbH, its staff, representatives, and person and persons for the time being authorised by the Auctioneer to have the conduct of an Auction

"Bidder" means any person who has registered with the Auctioneer and has been issued with a Bidding Number for an Auction

"Bidding Number" means the unique bidding number assigned to the Bidder upon registration with the Auctioneer for an Auction

“Choice” means more than one lot sold together as choice. Highest bidder has the option to accept one or all offered choice lots, hammer price announced will be for each individual lot. In some cases, the Auctioneer may announce that any offered “choice” lots must be taken in sale order.

"Commission" means the percentage payment as detailed in clause 18 of this Agreement due by the Purchaser to the Auctioneer upon the sale of any Lots

"Deposit" means £10,000 Sterling, $15,000 US/AU Dollars or €15,000 Euros (at the Auctioneer’s discretion) or any additional amount payable in accordance with clause 5 below.

"Hammer Price" means the highest bid for any Lot accepted by the Auctioneer at an Auction

"Lot" means any individual single part of a consignment put up for Auction by the Auctioneer

“Pre-Bid” means a bid placed either online or onsite prior to the “Lot” being sold live

“Purchaser” means the highest Bidder for any Lot

"Purchaser" means the highest Bidder for any Lot

"Purchase Price" means the sum total of the Hammer Price plus UST and the Commission plus UST

"Vendor" means the seller of any Lot

Terms and Conditions

3. Bidder acknowledges that an Auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurised substances are present, heavy equipment is being operated and the electric circuits may be live. Every person at the Auction site at any time shall be there at their own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his Agents and Employees. No person shall have any claim against Auctioneers, their Agents, Employees, or Principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.

Bidder acknowledges that they must adhere to all Covid19 restrictions and regulations that the auction site has in place.

4. All Bidders are required to register before entering the Auction. The Auctioneer shall have the right, at its discretion, to refuse any person admission to the Auction Site or attendance at any Auction.

5. On registration, the Auctioneer shall be entitled to require Bidders to pay the Deposit in cleared funds. A Deposit of £10,000 Sterling, $15,000 US/AU Dollars or €15,000 Euros will entitle the Bidder to bid up to an initial aggregate credit limit of £50,000/€50,000/$50,000 (excluding UST and Commission) at the Auction. Deposits will only be refunded if no purchase is made and where the Bidder has no balance outstanding from any other Euro Auctions Sale in any other country. In cases where the Bidder has an outstanding balance from any other Sale the Auctioneer reserves the right to consider this deposit as payment on account. Card deposits may need to be completed as a Payment if there are issues connected with Purchasers account.

Please note card refunds may take up to 7 days to be credited to buyer’s bank account.

All Bidders who intend to bid for any Lot(s) with an aggregate value in excess of £50,000/€50,000/$50,000 excluding UST and Commission (or such other sum as the Auctioneer shall determine) must notify the Auctioneer at registration. If any Bidder intends to, or makes, a bid in excess of the initial credit limit the Auctioneer will require the Bidder to pay to the Auctioneer an amount equivalent to 10% of the projected selling price of the Lot(s) as the Deposit in cleared funds on the day of the Auction.

Any estimation of the value or projected selling price of any Lot to be undertaken under this clause will be carried out by the Auctioneer in its sole and absolute discretion. The Auctioneer reserves the right to refuse the bid of any Bidder who does not comply with the provisions of this clause.

6. The Auctioneer reserves the right to revoke any Bidding Number at any time onsite and online.

7. The Auctioneer sells as agent for the Vendor and as such is not responsible for any default by Vendor or Purchaser.

8. The highest Bidder shall be the Purchaser. Any dispute as to any bid shall be settled at the Auctioneer’s absolute discretion. Every Bidder shall be deemed to act as a principal unless there is in force written acknowledgement by the Auctioneer that the Bidder acts as agent on behalf of a named principal. Any such agency arrangements must be notified to the Auctioneer at registration.

9. Pre-Bids placed will be executed by the auctioneer, however, Auctioneer shall not be liable for any claims or costs arising from its failure to do so. However, Pre-Bids placed on lots passed or not sold due to reasons under the Auctioneers control will be automatically deemed null and void. Any system generated email messages or purchases added to an online account can be updated at any time to reflect a change. Once placed a Pre-Bid cannot be cancelled without 24 hours’ notice.

10. Pro-forma Invoices are emailed out at the end of every auction and are subject to change.

11. Lots sold subject to an existing finance agreement will be listed on the pro-forma invoice, however, said lots are not free to collect until Auctioneer receives final release confirmation from finance company.

12. No Bidder may advance less at a bid than a sum to be named from time to time by the Auctioneer.

13. The Auctioneer has absolute discretion without giving any reason to refuse any bid, to divide any Lot, to combine any two or more Lots, to withdraw any Lot from the Auction and in case of dispute put any Lot up for Auction again. The Auctioneer has the absolute discretion to choice lots which will be sold for individual hammer prices.

14. Without prejudice to the generality of clause 7, all Lots are sold as seen and with all faults and imperfections and errors of description. Illustrations, make, model, miles, hours, kilometres, descriptions and years in catalogues, videos or brochures are for identification only. Descriptions in each case are provided by the Vendor. All Lots are available for inspection and Purchasers should satisfy themselves prior to the Auction to as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description. The Purchaser of any Lot is deemed to have inspected the Lot prior to purchase. The Auctioneer gives no warranty as to the description, condition, miles/hours/kilometres year or otherwise in relation to any Lot and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.

Each and every Lot shall be sold ‘as is, where is’. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the Lots:

a) Conform to any standard in respect of safety, pollution or hazardous material or to any standard of requirement of any applicable authority, law or regulation, or

b) Are fit for any particular purpose, or

c) Are merchantable or financeable, or

d) Are of any particular age, year of manufacture, model, make or condition.

Purchaser agrees he has satisfied himself and is not relying on Auctioneer, nor are Auctioneer liable, for any matter in respect of the above. Bidder further agrees to repair, at his cost, any Lot purchased at the Auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the Lot may be put.

15. Auctioneer may offer Lots to internet bidders using its online service; however, Auctioneer shall not be liable for any claims or costs arising from its failure to do so. Inaccuracies in the catalogue or on the internet will under no circumstances relieve the Purchaser from responsibilities accepted when accepting the Terms and Conditions..

16. Without prejudice to clause 14, all Lots are sold without CE Marking unless specified otherwise. If any Lot has been described as CE Marked, the Purchaser acknowledges that this description has been provided by the Vendor. The Auctioneer makes no warranty as to the accuracy or authenticity of any CE Marking on any Lot or any documentation on any Lot.

17. The Auctioneer will use reasonable endeavours to ensure that all Lots appearing in the catalogue for sale are presented for sale at the Auction but the Auctioneer accepts no liability for loss or damage howsoever arising (included but not limited to costs of attendance of Bidders at the Auction) in the event that any Lot is withdrawn or otherwise is not presented for sale at any Auction.

18. The Purchaser of any Lot will be charged Commission on the Hammer Price at a rate of 10% on the first €4,500 or lower and 2.5% on the balance where applicable plus UST in addition to the Hammer Price (Commission is per lot).

19. All sums owed under this Agreement shall be paid in full within 7 days of the Auction failing which the Auctioneer may charge interest on late payments on a daily basis at a rate equivalent to 4% above the base lending rate of the Deutsche Bundesbank then in force.

20. Bidder acknowledges and agrees that the acquisition, delivery, export, and ownership of certain products or source of funds for such products are subject to international, federal, state, and local regulations. Bidder expressly represents that it is presently in full compliance with and shall continue to comply with all applicable international, federal, state and local laws, statutes, ordinances and regulations relation to the acquisition, delivery, export, and ownership of any Lots as may be required by Bidder.

21. UST

21.1 UST on Hammer Price

21.1.1 EU Purchasers outside Germany

UST is payable by the Purchaser on the Hammer Price and Commission of all Lots at 19%. The Purchaser will not have to pay UST on the Hammer Price or Commission of purchased Lots provided the Purchaser is validly registered in a European Union state outside Germany and provides to the Auctioneer’s satisfaction third party proof that the Lot has been exported from Germany within 30 days from the date of the Auction.

Where third party proof of export is not received within 30 days from the end of the Auction, the total amount of VAT will become payable by the Purchaser to the Auctioneer and the Auctioneer will raise an invoice to the Purchaser for any outstanding amount of account of UST.

21.1.2 Non EU Purchasers UST is payable by the Purchaser on the Hammer Price and Commission of all Lots at 19%. The Purchaser can request a refund of this UST from the Auctioneer provided the Purchaser provides to the Auctioneer’s satisfaction an original bill of lading in connection with the purchased Lot.

21.1.3 German Purchasers

UST is payable by the Purchaser on the Hammer Price and Commission of all Lots at 19%.

21.2 In all cases the Auctioneer reserves the right to make its own enquiries with any third parties necessary to ascertain if any evidence of UST registration produced to the Auctioneer by the Purchaser for the purposes of reclaiming UST is valid.

22. The Auctioneer will accept the following as means of payment subject to the conditions below:

Bank Transfer Cash;
Credit Card (subject to a non-refundable processing fee of 2%) – Chip and Pin only *Debit Card; - Chip and Pin only

In each case the Purchaser must cause cleared funds equivalent to the Purchase Price to be paid to the Auctioneer within 7 days from the Auction. No payment shall be deemed to have been received by the Auctioneer until the Auctioneer has received cleared funds.

International Bank Transfers need to include any additional bank transfer fees. Invoices can be issued in other currencies. However, the exchange rate is only valid on the day the invoice was raised and payment is expected to be made on same day. Any shortfall on currency exchange is the Purchaser’s responsibility.

Cash will only be accepted under the value of £7,000 or €9,500 – cash over this threshold will not be accepted.

Payments from a Third-Party source will not be accepted unless Auctioneer has received express authority from Purchaser and have deemed themselves satisfied as to the authenticity of payment.

A Service Charge may be applied to all Purchasers in respect to the administering of Payments.

Time for payment shall be of the essence. Cash will not be accepted as a means of payment unless the Auctioneer is in receipt of valid identification documents as required under money laundering regulations.

23. The bidder warrants to the auctioneer that they are fully aware of all anti-bribery, anti-corruption and anti-money laundering laws, and that the auctioneer has full discretion to seize any items he suspects may have breached these. The bidder also warrants to the auctioneer that they are familiar with the requirements of ‘Dual Use Goods’ legislation.

24. The Auctioneer is not responsible for any registration documents for any Lots offered for sale. The Auctioneer may contact the Vendor to liaise with them to verify if they have any documentation. The onus is on the Purchaser to have checked the roadworthiness of any offered Lot.

It is not the Auctioneer’s responsibility to have checked the validity of the status of any Lot in respect to whether the Lot may have been previously exported out of the country, the onus is on the Purchaser to have deemed himself satisfied that the Lot can be used/registered in their country.

25. Auctioneer permits Lots to be transferred to another Purchaser on receipt of signed Transfer Lot Form within 3 working days. If the Purchaser who accepted the Transfer Lot Form fails to pay, then the Lot(s) are automatically transferred back to original Purchaser. Original Purchaser may be liable for any additional costs due to the default of the other Purchaser.

26. The Auctioneer shall not be obliged to release any funds to the Vendor for Lots sold until such time as the Auctioneer has received cleared funds from the Purchaser of such Lots or 21 days from the Auction Date

27. Each Lot shall be at the Purchaser’s risk from the fall of the hammer but must be paid for in full before ownership in the Lot passes to the Purchaser. The Purchaser agrees to insure the purchased Lot against all losses from the Auction until removal of the Lot by the Purchaser.

28. The Purchaser, or its servants or agents, will be responsible for the loss or damage to the Lots purchased from the time of the Auction and neither the Auctioneer or its servants or agents shall afterwards be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in their custody or under their control. Auctioneer is not responsible for any parts or items that go missing prior to collection.

29. The Purchaser shall at its own expense take away the Lot purchased not later than 2 weeks after the day of the Auction but not before payment to the Auctioneer of the Total Invoice Price. The Purchaser will be responsible for any removal, storage and insurance charges on any Lot not taken away within 2 weeks after the day of the Auction. The Auctioneer is not responsible for the condition of any Lot that has not been collected within reasonable time. Offsite Auctions collection time is limited and all Lot(s) must be collected with specified timeframe.

The Auctioneer only offers assistance with loading. The Auctioneer is not liable for any damages during the loading process.

30. If any Lot is not paid for in full and taken away in accordance with the above conditions, the Auctioneer may, at its absolute discretion and without prejudice to any other rights it may have, resell the Lot or cause for it to be resold by public auction or private sale. The defaulting Purchaser shall then pay to the Auctioneer any resulting deficiency in the Purchase Price from the first sale after deduction of any part payment and addition of sale costs. Any surplus shall belong to the defaulting Purchaser.

Auctioneer has the right to re-consign any lot not collected within an agreed timeframe into an upcoming auction.

31. Neither a Bidder nor any person affiliated with, or as agent of, a Bidder shall collude with any Vendor or any other Bidder in the making of bids for Lots at the Auction.

32. This Agreement can only be amended or varied by written agreement between the parties and constitutes the entire agreement between the parties and overrides prior contracts or agreements or understandings between the parties in relation to the sale by Auction and ensures for the benefit of and is binding upon the heirs, executors, administrators, successors in title and assigns of the parties herein.

33. The Purchaser accepts that Auctioneer may vary the invoice in relation to lots bought as a direct result of errors in Bidder numbers during sale day. Auctioneer will endeavour to minimise this possibility at all times however, Purchasers will accept lots bought at auction.

34. Auctioneer is not responsible for any waiting time when Purchaser is collecting Lot(s), or costs incurred by Purchaser as a result.

35. Currency conversion tool is provided to enable estimatesfor Lots and the final purchase price to be displayed in certain currencies. This tool is provided for convenience only and is an approximate guideto the equivalent amount in the specified currencies. Bidder is advised to conduct own research into the applicable exchange rates prior to placing a Bid. Please note that the Auction is conducted, and all Bids must be made, in the currency of the country in which the Auction is held. Auctioneer does not accept any responsibility for any errors that may occur as a consequence of reliance upon the currency conversion tool. Purchaser needs to make contact with Auctioneer who will provide an applicable conversion rate. Any conversion rates provided are only valid on that day.

36. Registration requirements for Online Bidding. Without prejudice to the generality of Clause 15; Before Bidder can bid via our Online Bidding system, Bidder must register to bid online. Please note that Bidder must be registered at least 24 hours prior to the start of any Auction or Bidder may not be able to bid online in that Auction. Bidder should keep their account details strictly confidential and must not permit any third party to use or access their account on their behalf or otherwise. Bidder will be liable for any and all bids made via your account.

During an Auction, Bidder can bid for any lot by clicking the Bid Button. Each bid shall be final and binding as soon as you click the Bid Button. The current bid will be displayed on Bidders screen during the Sale. In the event of a tie bid between a bid placed by online bidder and any other identical bid(s), including Online Bids, Floor Bids and Pre-Bids, it will be the Auctioneer’s discretion as to which bid shall be accepted. Lot may be re-opened for sale.

Bidder acknowledges that they are bidding in a live auction and Bidder agrees that each bid submitted is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. Bidder accepts full liability for all bids submitted via Bidders Online Bidding account.

Auctioneer reserves the right to reject a registration to bid online, withdraw its permission for Bidder to use Online Bidding, or terminate an Online Bidding account, for any reason at any time prior to, during or after the Auction.

Purchaser agrees to pay for and collect any lot.

Lots are available for inspection prior to any Auction, and it is up to Bidder to satisfy themselves as to each and every aspect of a Lot. Bidders are strongly advised to examine in person any lot on which Bidder may bid on or have it inspected on your behalf before any Auction.

If Bidder chooses to use the Online Bidding service, Bidder does at entirely at their own risk. Access to and use of Online Bidding service is dependent upon, among other things, the availability of the internet and the speed and quality of internet connections.  The Online Bidding system will attempt a connection to the bidder for a maximum of 20 seconds and if no response is received then the Auctioneer will reopen the Lot(s) for sale. If the Lot(s) are reopened, the disconnected Online Bidder can still bid again on same Lot.

37. .Purchasers may also be Vendor and the Auctioneer can contra both accounts.

In relation to Contras:

a) The Purchaser agrees that where a contra has been applied to the Purchaser’s account the Auctioneer reserves the right to remove or amend this at a later date. Should this occur

the new Invoice will supersede any previous invoices or pro- forma and the Purchaser will be liable for any outstanding amount.

b) The Purchaser agrees that contras will be made against the oldest outstanding debt. 

38. The formation, existence, construction, performance, validity and all aspects of this Agreement shall be governed by German law and the parties submit to the non-exclusive jurisdiction of the German Courts.