77. Auction

1. Terms and Conditions: Auktionshaus Andreas Thies EK and Thies & Schmid Schwaebische Waffenauktionen GmbH (henceforth "auction house"), represented by Andreas Thies, will sell the lots offered as part of catalogs published by the auction house on behalf of consignor or consignors. The general auction terms and conditions apply not only before the auction, but also after the auction and in any moments of sale. A submission of a bid indicates the terms and conditions herein and forthwith are accepted. 2. Authenticity and Return Policy: The auction house guarantees the authenticity of all items, excluding those marked as reproductions or repaired. Legitimate claims against a purchased item's authenticity must be submitted within 30 calendar days of the date of invoice. Any returns must be discussed with the auction house before submission. Although we offer a condition guide within the catalogue to help customers determine quality in tandem with our photographs and descriptions, we highly recommend a visit to view the objects at our auction house, as there is no substitute for examining these objects in person. All items are sold in their stated condition ("as is") at the time of bid-ding. Any return request submitted on the grounds of condition will not be accepted. Returns of any kind will not be accepted after accounts have been settled with the con-signor(s), 60 calendar days from the close of the auction. All return requests must be submitted by the original bidding customer of the auction; any return requests submit-ted by a third party (such as a customer of the original bidder) will not be accepted under any circumstances. 3. Bidding: All customers must register prior to bidding via the auction house website. Customers may place bids live in person or internet stream. In order to bid via internet stream, customers must also register to use an internet bidding platform as designated on the auction house website (additionally, customers in either Invaluable.com or www.lot-tissimo.com or www.the-saleroom.com must pay either 5% (Invaluable) or 3% commission the-saleroom/lot-tissimo, respectively in addition to the 25% buyer's premium charged by Auktionshaus Andreas Thies EK). The auction house also accepts bids via email, fax, and postal mail provided such a bid is sent with sufficient lead time. Customers who choose to submit bids in writing must include the lot number as well as a maximum bid. Such bids will be given as much consideration as live bids. Customers who choose to conduct bidding via telephone must submit beforehand the lots on which they intend to bid. The auction house will call each telephone customer five lots before their desired lot reaches the podium. Each bid is a contract to purchase; the bidder is personally liable for the monetary amount of any bids placed, even if he or she bids on behalf of a third party. 4. Auction Proceedings: The price listed in the catalog is the starting price for bidding. Auctioning will most often commence in the lot sequence listed in the catalog. However, the auctioneer retains the right to combine, separate, skip, or re-sequence lots as he deems fit. The auctioneer will typically progress the bidding on each lot in monetary increments of 10%, although he may deviate the escalation at his discretion. The auctioneer may elongate or shorten the presentation time of each lot, to include the time between the presumed highest bid and the fall of the hammer. The auctioneer will call the highest bid three times before striking the hammer. In the rare case of two equal high bids, the auctioneer retains the right to determine the winning bidder; however, in any case of ambiguity or doubt regarding the highest bid, the auctioneer may elect to repeat the auctioning of the lot from the starting price; until such a decision is made, all bids are binding. The auctioneer retains the right to reach the specified reserves of consignors, and, as such, may submit bids throughout the proceeding in order to meet said specified re-serve. Should the hammer price still not meet the specified reserve of the consignor, the winning bidder is bound to the hammer price for 30 calendar days while the auction house and the consignor reach a decision regarding the sale; the consignor retains the right to refuse the sale of a lot that has not reached its assigned reserve. Additionally, the auctioneer may, under the direction of the consignor, cease the auctioning of a lot at any time during its display or presentation. Regarding attending the live auction, the auction house retains the right to exclude per-sons from attending the auction without stating a reason. 5. Billing and Taxes: Customers will receive invoices after the auction's close. The invoice amount owed will reflect both the hammer price of each lot won, calculated shipping, plus a 25% buyer's premium. This buyer's premium covers auction house expenditures related to the storage, care, insurance, etc., for each lot. Additionally, international customers should expect to pay all customs fees in accord-ance with the laws of their respective governments. All processed invoices are subject to review and possible correction ex post facto up to 60 calendar days, which could result in money owed to either the auction house, the consignor or the customer. All over payments will be credited. 6. Customer Payment Liability: All payments are due no later than 7 business days from the receipt of invoice. The auction house accepts all major credit cards, domestic checks and money orders, and wire transfers. Wire transfers must process fully no later than 12 business days from the receipt of invoice. Customers who elect to use a wire transfer as their payment method are solely responsible for paying the transfer fees instituted by their bank. Customers who elect to pay by credit card will be charged an additional 3% processing fee. Title of ownership of each lot transfers to the customer only when the full invoiced amount is received and processed. Customers who do not meet their payment obligations may be reported to a credit agency, and their balance may be outsourced to a debt collector. Alternatively, the auction house may, at its sole discretion, elect to either send the lot(s) to auction once again, or sell the items privately; in such a case, the customer will still be liable for the 25% buyer's premium. The auction house reserves the right to refuse bids in future auctions from customers who have not met their previous payment obligations. 7. Shipping and Insurance: Items will ship only after payment is received and fully processed. Packages will ship within 7 business days of payment processing. The auction house will process shipments through either FedEx or DHL. Requests for any other carriers must be expressly arranged with the auction house at the time of payment. Shipment tracking information will be provided at the customer's request. All shipment costs will include applicable insurance. Any insurance claims must be re-ported to both the auction house and the shipment carrier within the 30-calendar-day return window. As each item sold is an antique and delicate in nature, the auction house makes all attempts to present accurate condition and wear information to customers, encourages visits to study the items, and packages all items for shipment with the utmost professional care; with these safeguards in place, the auction house maintains a warranty for each item's authenticity only and does not accept monetary responsibility for any material defect occurring during transit or once the item has been received. 8. Condition Guide: 1 = Mint /Excellent 2 = Good 3 = Worn 4 = Poor Every item listed is an antique and was, in its era, intended for use. Thus, all items will exhibit natural wear. Any defects beyond typical aging or repairs will be listed in the item description. Restoration efforts, unless clearly assessed, may not be included in the description. The auction house encourages all customers to inspect items thoroughly before placing bids. Returns requested on the grounds of condition discrepancy will not be honored. 9. Disclosure: To protect the public with respect to all of our customers, our company is committed to the utmost care and prudence in dealing with contemporary historical items from the era of the Third Reich. Our company does not seek to glorify any aspect of the Third Reich. We do not endorse fascism, racism, or fundamentalism of any kind, nor the atrocities committed by the Nazi Regime. The depicted items from the Third Reich serve only the purposes of civic information, defense of unconstitutional efforts, art, science, research or teaching, and current affairs or history, and are auctioned merely as artifacts. If you are a customer who resides in Germany, by accessing this catalogue you agree to the above in accordance with (?? 86 a, 86 StGB). Our company accepts bids only from those German citizens who are committed to strict compliance of this statute. Similarly, if you are a customer who resides in a country with statutes restricting the purchase, sale, shipment, import, possession, etc. of these historical items, you agree that you are solely responsible for knowing and complying with the laws of your government. 10. Legal Information: The auction house conducts the live auction and all sales following all of the laws and regulations of its jurisdiction in the country where the particular auction sale is held. The auction house, its agents, the auctioneer, or the owner of any rented facilities shall not be held liable to any person for damages to their person or property while in, on, our about the auction house premises or rented facilities, nor shall they be held liable for any defects. All persons are on the premises at their own risk and shall defend, indemnify, and save the auction house, its agents, the auctioneer, and/or the owner of any rented facilities from any and all liability whatsoever. The laws and regulations of the Federal Republic of Germany shall apply for all legal proceedings between the customer and auction house or the customer and auctioneer, even if the litigation is conducted abroad.