Terms and Conditions of Sale and Auction of the e-auction
1. eligibility, registration, exclusion
Only those persons who register on the Auctioneer's website www.e-auktion.de, providing complete and correct details of the data requested there (company name and VAT registration number), agree to the validity of these General Terms and Conditions and whose registration application is accepted by the Auctioneer are entitled to participate in the online auctions. The Auctioneer reserves the right to request further documents to prove his legitimacy, e.g. proof of registration of a business or an extract from the commercial register.
The registration of a legal entity or a partnership can only be validly effected by a person authorised to represent the company.
Acceptance of the application shall be effected by allocation of a bidder number and notification of the bidder by e-mail by the auctioneer.
By registering, the Bidder authorises the Auctioneer to collect, store and process his personal data and to use them for his own purposes in accordance with the legal requirements.
Within the framework of the registration, the Bidder shall provide a password. He undertakes to ensure that no unauthorised third parties obtain knowledge of his password and his bidder number. If this has nevertheless been done or if the bidder has corresponding indications of this, the bidder shall be obliged to inform the auctioneer immediately.
If the bidder's data change after registration, the bidder is obliged to update the information in his customer account immediately.
The bidder may be excluded from use of the auction platform - temporarily or permanently - for good cause with immediate effect. Good cause is given in particular if incorrect contact details have been provided, if bidder data has been passed on to unauthorised third parties or if these General Terms and Conditions (e.g. rules for partially paid and unpaid invoice amounts outside the payment period) or legal regulations have been violated.
In all other respects, termination by the Bidder is possible at any time and by the Auctioneer with a notice period of 14 days.
2. exclusion and rejection of bidders/right of third party bidders.
The Auctioneer reserves the right to exclude bidders and persons interested in buying from participating in the auction or not to admit them to the auction without giving reasons. If the bid is made by a person representing a company or a third party, the bidder shall be jointly and severally liable for obligations assumed.
3 Auction and bidding conditions
The Auctioneer decides the date and place of the auction as well as the order of the items to be auctioned. The Auctioneer shall be entitled to separate, combine or withdraw items in exceptional cases and to hold the auction in a different order from the sequence of the catalogue numbers.
Each bid may be withdrawn without giving reasons and the knockdown may be refused or may be made subject to reservation for up to 7 days. The highest bidder shall be awarded the knockdown after his bid has been repeated three times by the auctioneer. If several persons make the same bid at the same time, the auctioneer will decide the highest bidder. If there are doubts about a knockdown, the auctioneer can bid again. A bidder can no longer withdraw from a bid once it has been made.
If a bid is still made in the last two minutes before the end of the bidding time for a position, the bidding time will be extended by a further 2 minutes.
5. written bids
By sending or handing over the signed form, the bidder conclusively accepts these conditions of sale and auction. If the bid is accepted, the amount due must be paid into the auctioneer's account within three working days of receipt of the invoice, but no later than when the auctioned goods are collected. In the event of written offers of the same amount for the same items, the order in which they are received is decisive.
6. transfer of liability for purchased items
The auctioned object is deemed to have been handed over to the buyer upon acceptance of the bid. Consequently, liability and risk of accidental destruction, loss or damage by fire, water, storm, theft and burglary shall also pass to the buyer. This also applies to accessories. However, the right of ownership is only transferred to the buyer after full payment - in the case of a cheque, after a bank-confirmed credit note.
7th delivery of purchased items
The auctioned items will only be handed over after full payment. This must be made in cash on the day of the auction or, in the case of written bids or online auctions, at the latest within three working days of receipt of the invoice. Receipt of the invoice shall also be deemed to be the period of dispatch by e-mail to the buyer.
8.rules for partially paid and unpaid invoice amounts outside the payment period
If the Highest Bidder does not pay the purchase price to be paid within the specified time limits, the Auctioneer shall have the right to call the knocked down items again, to offer them in the post-auction sale or to offer them at a further auction. The first buyer will not be admitted. The first buyer shall remain personally liable for the lower proceeds; he shall have no claim to any additional proceeds.
9. hammer price is understood ex location
The price for each item is ex foundation or site, unassembled and unloaded. They will only be handed over after full payment. If the collection date is not met, the buyer is liable for the consequential costs. Safekeeping is at the risk of the purchaser.
10. authorisation to sell on behalf of the buyer
The Auctioneer is entitled to collect and sue for purchase money and ancillary claims in his own name for the account of the Client.
11. auditing of accounts
Invoices drawn up during or immediately after the auction must be checked again so that subsequent corrections are permissible.
12. data storage
The address data of bidders and buyers are stored for information purposes. e-auktion undertakes not to pass on this data to third parties!
13th general information
No liability is accepted for accidents during viewing, auctioning and collection. The commissioning of equipment is strictly prohibited. All visitors to the auction are liable for any damage caused, regardless of the type of damage. The buyer is fully liable for accidents, damage to buildings, foreign objects etc.
14th place of jurisdiction
The place of performance and jurisdiction for any disputes is D- 58256 Ennepetal, Germany.
15 Auction and sales conditions for attendance auctions
The auctioneer is an intermediary and not the seller of the items. The auction is conducted in the name and for the account of the Auctioneer's clients ("Client"). A legal relationship with regard to the acquisition of the objects/goods shall be established solely between the principal and the person who makes bids for the objects to be auctioned in the auctions ("bidder" or "buyer").
2 The following General Terms and Conditions of Business shall apply in the version valid at the time of the start of the auction (hereinafter referred to as "General Terms and Conditions of Business"). Deviating, conflicting or supplementary general terms and conditions of the bidder or buyer shall not become part of the contract unless their validity is expressly agreed.
3. upon request, the buyer will be informed of the client of the respective objects.
4. the objects are sold in the condition in which they are at the time of the auction. The guarantee is excluded. The exclusion of warranty according to sentence 2 shall not apply if a defect was fraudulently concealed by the auctioneer or client or if a guarantee of quality was assumed. Technical data, dimensions or weight specifications, initial machine approvals and years of manufacture are not binding. Lists of the objects are made in an orderly or careful manner and to the best of our knowledge. The Auctioneer recommends that the objects be inspected at the respective location during the offered viewing hours.
5 As a rule, items are auctioned off according to consecutive numbers. In individual cases we reserve the right to change the sequence and to exclude or combine items.
6. bids may be rejected for justified reasons, the knockdown may be refused or may be made subject to reservation. If a knockdown is subject to reservation, it shall only become effective if the auctioneer confirms the knockdown within five working days after the day of the auction.
7. the highest bidder receives the knockdown after his bid has been repeated three times by the auctioneer. If several persons place the same bid at the same time, the Auctioneer shall decide. If there is any doubt about a knockdown, the Auctioneer may rebid. In all cases the auctioneer's order alone shall apply. If the highest bid is below the minimum price stated by the auctioneer, a contract of sale shall only be concluded subject to a written declaration by the auctioneer that the items will also be sold at the present highest bid. If the Auctioneer does not make a declaration within three working days after the conclusion of the auction, there will be no knockdown.
All prices are in Euro plus a premium of 16 % and plus the statutory value added tax.
9 The amount of the minimum bids shall be determined by the Auctioneer at his discretion for the entire auction.
10 If it subsequently transpires that third party rights exist in an item or the approval of the creditors' meeting has not yet been obtained, the Auctioneer shall be entitled to sell the item at the auction.
11. payment of the total claim must be made immediately in cash or by bank certified cheque after the knockdown has been awarded to the auctioneer. If this obligation is not complied with, the object of purchase shall be auctioned again. The first buyer will not be admitted to the auction. Alternatively, the auctioneer shall be entitled to use the object for other purposes. The buyer shall remain personally liable for the lower proceeds; he has no claim to any additional proceeds.
12) Ownership shall only be transferred to the buyer after full payment - in the case of cheques, after a bank-confirmed credit note. Prior to the transfer of ownership, the pledging, transfer by way of security, processing or transformation is not permitted without the consent of the auctioneer or the buyer.
The collection of the auctioned items shall only take place after full payment, whereby the prices for each item are understood to be ex foundation or location, undismantled and unloaded. The collection must take place on the dates stated. Depending on the nature of the item, fees of up to € 50 per item/day may be charged for late collection. If no collection takes place within one week after the auction and if the buyer has been granted a reasonable period of grace for collection without success, the auctioneer shall be entitled to re-auction the object(s) or to sell it/them by private contract without further request. The costs thereby incurred and any reduced proceeds shall be borne by the first buyer.
14 No liability shall be assumed for accidents during viewing, auctioning and collection. The commissioning of equipment is strictly prohibited
15 All visitors to the auction are liable for culpably caused damages of any kind.
16. the buyer is liable for accidents, damage to buildings, foreign objects etc. in accordance with the statutory provisions.
17. the Auctioneer shall be entitled to collect and sue for purchase money and ancillary claims in his own name for the account of the buyer.
18. invoices drawn up during or immediately after the auction must be checked again so that subsequent corrections are permissible.
19 We record data of all business partners in files and process them for our own purposes in accordance with the legal provisions, which is pointed out in accordance with the Federal Data Protection Act (BDSG).
Every bidder shall receive a bidder's card upon presentation of his identity card (for attendance auctions) and shall carefully keep the bidder's card issued in his name until the end of the auction. The bidder shall be liable for any misuse of the bidder number and for any surcharges made on his bidder number.
21. export declarations are to be made exclusively by the buyer in accordance with EU directives. The Auctioneer shall not be entitled to fill in such declarations.
The Auctioneer shall only be liable for damage caused by slight negligence if such damage is based on the violation of essential contractual obligations (cardinal obligations), damage resulting from injury to life, body or health or if claims are made under the Product Liability Act or from an assumed guarantee of quality. Cardinal obligations are such obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner could rely. The Auctioneer's liability for simple negligence under this provision is limited to typically foreseeable damage. The above applies accordingly to the limitation of compensation for futile expenditure.
The limitations of liability shall also apply in favour of the auctioneer's vicarious agents and legal representatives.
24 The place of performance is Eching. Exclusive place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is Eching. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
25 Should individual provisions of this contract be or become invalid or void, this shall not affect the validity of the remaining provisions of this contract.