ANTIQUE TOYS I COLLECTION M. KOERBER

1. Except for the selling of property of his own, the auctioneer acts as agent for the seller. Unless otherwise agreed, sales of goods result in contracts made between the seller, through the auctioneer, and the buyer. Lots are sold in the ordering of the catalogue. Each lot is numbered. Name and address of buyer, the seller respectively, can be obtained after the sale. 2. The auctioneer has the right to withdraw or divide any lot. He may persons from the salesroom or refuse any bids and, in the case of error or dispute, put an item up for bidding again. 3. All lots are available for personal inspection prior to the sale. Dates and times are indicated in the catalogue. Prospective buyers are strongly advised to examine personally any goods in which they are interested. Catalogue descriptions are merely statement of opinion. The items are described to the best of our knowledge, sometimes with the consultation of relevant literature. The depiction does not represent statements of definitive fact in accordance with ?? 443 BGB (German Civil Code). So the auctioneer is not liable for defects of items. Claims of any kind and legal argument cannot be considered after the item has been knocked down. Unless stated in the description, items are not tested for functioning. Transformers and switchgear do not meet with modern electricity standards. They are sold as collector's items. The auctioneer cannot be held responsible for the technical safety of the goods. 4. As long as the consigner and the (successful) bidder do not make contrary statements they insure that they acquire the catalogue and the items offered in that, affecting the time from 1933 to 1945, that comes under ?? 86, 86a StGB, only for certain purposes, that 3 StGB. Which are: Civic information / education, Protection from unconstitutional and anticonstitutional attempts, Scientific and art-historical research, Information and report on development of events of the day or military-historical / regimental science. The consigner / the auctioneer offers the items only under those premises. By making a bid the bidder obligates himself to purchase the items only for the reasons mentioned above. In additions to that he commits not to use them in a propagandistic matter, especially for those brought up in ? 86a StGB. 5. Oral or written bids must be made in Euro. Bids in writing must be submitted one day before the auction at least. Bids are advanced not less than at 10% increments. The auctioneer has absolute discretion to alter the way he increases the bids. The catalogue price is the reserve price. Bids below that reserve price can not be considered. Lots without reserve price (O.L.) are knocked down to the highest written or oral bid. After the payment and the transfer of the ownership the storage is carried out at the expenses and risks of the purchaser. 6. The third striking of the auctioneer's hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the buyer and the seller represented by the auctioneer. Objections must be made immediately, and if so, the item is again put up for bidding. In case several bids are made to the same amount, the auctioneer will decide by lot. 7. Purchase of a lot means the obligation to collect it. Thus the goods will be at the buyer's risk immediately. It is for the buyer to cover the risk of loss, theft, damage or destruction of his purchase. 8. Items sold will be retained until all amounts due to the auctioneer have been paid in full. Storage will be arranged at the buyer's risk and expense. Online bidder cards may be charged 4 days after an invoice has been sent. 9. On the day of the auction, bidders present at the auction shall pay the auctioneer or an authorized representative the hammer price, premium and VAT due upon acceptance of the bid in cash. Remote bidders will receive an invoice for the hammer price, buyer's premium and VAT due at the time of the hammer blow, which they must pay within the period stated therein. Dispatch shall be effected after receipt of payment and at the purchaser's expense. The costs for postage and packaging will be calculated according to the amount of the invoice. In Germany the shipping costs are up to 800,00 ? value = 15,00 ?, up to 2500,00 ? value = 20,00 ?, up to 5000,00 ? value = 25,00 ?, up to 10.000,00 ? value = 30,00 ? and up to a value of 15.000,00 ? = 35,00 ?. For EU countries we charge up to a value of 800,00 ? = 25,00 ?, up to a value of 2500,00 ? = 30,00 ?, up to a value of 5000,00 ? = 35,00 ?, up to a value of 10.000,00 ? = 40,00 ? and up to a value of 15.000,00 ? = 45,00 ?. We ship worldwide. For shipments to countries outside the EU, the parcel prices are calculated individually according to the country and labour costs, customs duties, etc. A packaging flat rate of 5.00 ? is added to the shipping costs. These conditions refer to one parcel. If there are several parcels, additional costs and effort will be invoiced separately. For objects that have to be sent as bulky goods (larger or heavier than the standard DHL or Hermes allows), an additional flat rate of 50,- ? will be charged. For bulky goods outside the EU, the price must be determined individually according to parcel size. Fragile objects should generally be collected by the customer. If shipping is nevertheless desired, we charge 30,- Euro per hour for packaging and time expenditure. The commissioning of a forwarding agent is the responsibility of the purchaser. The organizer cannot accept any liability for possible transport damage. If the purchaser wishes additional insurance, this shall be at his expense. The postage and packaging costs only apply to packages for the shipping services contractually bound to us. If a buyer does not collect his parcel from the post office in time and it is therefore returned to the auction house, he will be charged for the costs of returning and resending the parcel. 10. The buyer's premium of 17% of the hammer price plus 19% VAT on the premium brings the auctioneer's commission to a total of 20,23%. In case of online bidding, the plattform's fees have to be paid by the customer. The amount for VAT on commission and extra costs will appear separately on the invoice. Invoices issued during the auction sale can be subject to error and need immediate checking by the buyer. For Payments Paypal, 3% of the total amount are to be added by the buyer. For Payments via Credit card, 3.5% of the total amount are to be added by the buyer. 11. Complaints about obvious defects must be made until 14 days after the sale. They will be transmitted to the seller. 12. If the buyer fails to meet the term of payment, the auctioneer is entitled to exercise the following rights or remedies: - to charge interest at a rate of 1,5% per month on the full amount due to the extent the purchase remains unpaid. - to arrange storage at a rate of 15 Euro per month at the buyer's expense. The buyer is at liberty to prove that those costs have not arisen or are less than claimed. - to cancel all rights of the buyer deriving from the purchase of the lot. - to rearrange a resale of the lot, and if this results in a lower price being obtained, claim the balance from the buyer together with any costs incurred in connection with the buyer's failure to make payment. - to claim overall damages at a rate of 25% of the hammer price due to the loss of commission. - to reserve the right to claim the payment of higher expenses. The buyer is a liberty to prove that the actual costs are lower than claimed by the auctioneer. 13. The auctioneer is entitled to issue proceedings on behalf of the seller against the buyer to recover the full amount due together with the costs of such proceedings. 14. Claims for damages against the auctioneer due to delay, absence of results through inactivity, definite breach of contract, false contracting, unauthorized action and compensation for damage caused by sold lot will not be awarded unless caused deliberately or through gross negligence. The auctioneer is not liable for paint damage caused by stickers. 15. Due to a steadily increasing number of written bids, mistakes might occur in the processing and copying of data. This might eventually lead to the rare fact that a lot is not knocked down to the highest bid. As the auction house cannot be held responsible for that, it therefore refuses to pay any kind of compensation. 16. The above provisions are also valid for the free sale following the auction. 17. Every visitor will be held responsible for any damage he causes. Our sales take place on our own premise over which we have control. The auctioneer may exclude persons from the premises or attendance at an auction without giving reasons. 18. The copyright in all images, illustrations and written material relating to a lot is owned exclusively by the auctioneer and the seller at the time of publication of the catalogue. All alienable and inheritable rights of exploitation and utilization as well. These rights shall not be used by the buyer or any other person. 19. In spite of the usage of latest technologies photos possibly maintain color deviation. Unfortunately we can not guarantee accuracy of color reproduction. Thus we strongly advise to examine personally any goods in which you are interested. Complaints due to color deviation are not accepted. 20. The credit card of the buyer might be charged due to delayed payment. 21. Persons taking part in the auction sale accept the above terms upon making an oral or written bid. 22. Both sides agree to submit the exclusive jurisdiction of the court in Worms, Germany. 23. If any of the clauses of the present conditions of business is found partly or totally invalid, the remaining clauses shall remain unaffected and continue to be fully valid. 24. In case of doubt, the German version of these conditions of business is the relevant and binding text. If the number of a lot accidentally defers in its picture and text, the number of the text always has to be considered as correct.