Conditions of Sale
The seller instructs the firm AIX-PHILA Briefmarken GmbH, 52062 Aachen, Lothringerstr. 13, to sell the specified objects in voluntary auction for the highest bid by way of auctioneer Hinrich Osterloh or auctioneer Stefan Jopke.
All objects are my/our unrestricted property, are at my/our sole disposal and are unencumbered by either right of lien or any other third party rights.
The following conditions apply to the instructions to auction: the descriptions given regarding the quality, catalogue value, Michel numbers, number of stamps etc. are always non-binding for the auctioneer. Descriptions adopted by the auctioneer for the auction catalogue may be changed up to the time of the auction should they prove to be false.
The seller shall pay AIX-PHILA Briefmarken GmbH commission of 20% on the sale proceeds (sum of hammer prices) for carrying out the auction; special conditions apply in the case of very large consignments. Possible fees for expert examination shall be at the expense of the seller. The consignment is insured up to the value of the starting price.
The commission and any possible fees for expert examination are subject to VAT.
Claims for damages against the auctioneer, whether for an unauthorised act, for delays, impossibility of performance, positive breach of contract or fault at the conclusion of contract are excluded as long as the damage is not caused intentionally or by gross negligence.
The seller may suggest the starting prices. If he or she does not limit them, the auctioneer may set lower starting prices at a justifiable level. If no starting prices are named, both the division of lots and the fixing of prices shall be left to the auctioneer.
The auctioneer shall send the seller a precise list of his consignment, which shall be regarded as accepted unless an objection is lodged immediately.
The auctioneer has the right to examine the material himself with regard to its authenticity and condition, or to have it examined by a third party, by Association or AIEP examiners, at the expense of the seller. Fake or forged stamps may be marked on the back by the relevant examiner with the stamp 'fake'.
Should the seller withdraw his instruction to auction completely or partially in writing before the catalogue has been printed, he shall still be obliged to pay the agreed commission to AIX-PHILA GmbH without proof of further damage. Withdrawal after the catalogue has been printed is only possible if no bid has already been made. In this case, 30% of the starting price is payable.
Settlement of account and the return of unsold lots shall take place approx. 6 weeks after completion of the auction, subject to possible negative findings resulting from examination of the lots. The seller is bound up to this point. He agrees that unsold lots can be sold under the terms of auction 14 days after the auction.
In the case of consignments from dealers, the dealer undertakes to pay tax on the sale (differential taxation or standard taxation).
Changes or additions to the above agreement require written confirmation. Oral agreements are invalid. The place of performance and court of jurisdiction for both parties is Aachen.
The terms of auction apply to the auction.
This translation of the "Einlieferungsvertrag" is provided for information only. In case of doubt, the German version shall prevail.