By participating in the sale the following conditions shall be accepted:
1.The sale is conducted in Swiss Francs. The highest bidder whose bid is accepted by the auctioneer shall be the buyer. The bidder is committed to his bid unless his offer is expressly outbid or declined by the auction house. Should there arise any difference of opinion, the auctioneer is free to take a decision at his sole discretion or put up the lot for sale again. The minimum purchase price (reserve price) indicated by the seller must be observed. Sellers shall not bid for their own lots or arrange for third parties to bid on their behalf. The auction house reserves the right to make commission bids, to bid as an intending buyer, or to make bids on behalf of the seller up to the reserve price.
2.Persons intending to bid have to identify themselves at the registration office to get a bidder number. The auction house reserves the right to require an official document, a banker’s reference and/or securities. The auction house has the right at its own discretion to refuse any person to participate in its auction.
3.The auctioneer at his own discretion has the right to advance the bidding or refuse any bid. The auctioneer reserves the right to combine any two or more lots, to divide any lot, to change the order of the sale, to add any lot and/or to withdraw any lot.
4.To bid in person at the auction the bidder has to give a clear sign to the auctioneer. Commission bids (in the case that the bidder cannot attend the auction) have to be handed over at least 48 hours before the beginning of the auction in writing or come in (also 48 hours before the sale) per e-mail, and have to be (at the discretion of the auction house) sufficiently clear and complete. Further conditions, that the intending buyer added, are invalid.
5.In case of two identical commission bids for the same lot being the highest bids at the sale, the lot should be knocked down to the buyer whose commission bid has been received first. Commission bids are irrevocable and binding. Bids below half of the estimate shall not be accepted.
6.Telephone bids, which are accepted at the auction house’s own discretion only within Switzerland and in a limited number due to technical restrictions, have to be announced no later than 48 hours before the beginning of the auction in writing with all details (personal data, phone number, relevant lot number etc.). The auction house reserves the right to record telephone bids and phone calls and the bidder agrees that the auction house is allowed to do so. The auction house is not liable for the failure of any commission bid and/or telephone bid.
7.All buyers shall pay a buyer‘s premium at the rate of 20% on the «hammer price» (bid price). Swiss VAT at the present rate of 8% will be charged on the premium and on all other amounts (i.e. photos) payable by the buyer to the auction house. VAT is also payable by the buyer on the full «hammer price» for lots marked with an asterisk «*» in the catalogue or on a leaflet or for lots the auctioneer especially points out during the auction (in such cases the auction house can act as commission agent); if such lots are exported to foreign countries the Swiss VAT will be refunded to the buyer on production of a legally valid official Swiss export declaration (with original stamp of the Swiss customs authorities) for the object bought at the auction. The buyer (bidder) agrees that the auction house receives a commission from the seller.
8.Payment in Swiss Francs is due immediately after allocation. Compensation is excluded. Buyers are personally liable for their purchases and may not claim to have acted on behalf of a third party. Accepted forms of payment are cash in Swiss Francs, bank transfer, credit cards, EC cards, and Postfinance cards. When paying via bank transfer, the buyer is responsible for paying all bank expenses, including all bank transaction fees, should they occur. All card payments are only possible at our business premises. When paying with credit cards, the client acknowledges and agrees to pay in addition to the purchase price, the credit card fee of 2.8% at the present time.
9.The auction house shall be entitled to charge a monthly interest of 1% on the purchase price to the extent that such amount remains unpaid for more than 14 days from the date of the sale. Furthermore, after this period the auction house shall be entitled to hand over unpaid invoices to a collecting agency.
10.The legal binding auction purchase of any object by the buyer is not dependent on the ability to obtain the necessary permits to obtain and/or export said object. The buyer is still responsible to pay the purchase price of any successfully bid object, with all applicable taxes and fees, even if found later that he cannot receive permission to legally possess it. Furthermore, objects cannot and will not be transferred to any buyer until the buyer produces the necessary permits to legally acquire said object(s).
11. If a buyer fails to pay at all or pays not in time, the auction house is entitled to either ask for performance of the terms of the sales contract or to cancel the sale of the lot without notice. In any case, the buyer shall be liable for any damage caused by nonpayment or late payment, particularly if the lot is resold at a lower price, be it that the object is re-sold to another buyer at the same auction or to a third buyer at a later auction, or that the object is re-sold by private sale. The auction house shall be entitled at its absolute discretion to decide about the action to be taken regarding the object. The buyer whose allocation has been cancelled shall have no right to raise a claim on the possible sum in excess of the former purchase price.
12. The risk passes to the buyer on acceptance of the bid by the auctioneer, the title with the full payment of the object. It is hereby stipulated that the auction house has a right of retention and a lien over any of the buyers property which is in the possession of the auction house or of any affiliated company for any reason until payment of all outstanding amounts due to the auction house (whatever the transaction, especially the hammer price, the premium, VAT, all other amounts payable by the buyer to the auction house and interests) has been made in full. Payment by check is deemed to have been effective on receipt of a written bank confirmation.
13. The objects shall be auctioned in the condition in which they are at the moment of the allocation. During the exhibition the objects may be examined thoroughly. Any oral and written comments made by the auction house are statements of opinion only which may be revised at any time and are not warranties, guarantees, conditions or the like. Any implied warranties, guarantees or conditions are excluded.
14.The prices indicated are non-binding estimates and do not include the premium or VAT. The auction house (and any affiliated company or person) and the principal or seller are not liable for such comments, in particular not for errors or omissions in such representations, illustrations, attributions, authorship, origin, age, provenance, caliber, weight, completeness, condition and/or the genuineness of the object and for any evident or hidden imperfections.
15. Any liability for any legal or physical flaws is excluded.
16. If, in any particular case, the auction house is prepared as an exception to cancel acceptance of the bid by reason of substantial defects in the item of question (e.g. later discovery of forgery), this is done voluntarily and without legal obligation. Favor of this kind cannot be used to justify claims in other cases.
17. The auction house does not warrant for the storage of any lot. Packing, handling and shipment is the buyer’s responsibility. The buyer confirms that he has informed himself about the existing import and export regulations, and acknowledges sole responsibility for this process.
18.Later than two weeks after the sale the auction house is entitled to store the lot or cause it to be stored without notice whether at their own premises or elsewhere at the sole expense of the buyer. If the auction house undertakes packing, handling, shipment and/or storage, this will be done at the buyer’s cost and without liability on the part of the auction house.
19. The auction goods shall be sold in the name of and for the account of a third party. The buyer or successful bidder shall not have the right to be informed of the seller and the consignor’s commission. Subject to the requirements of tax legislation and paragraph 5 above.
20. These conditions apply to each bid and sales contract. Alterations or amendments will be valid only if they are made in writing. Only the German version of these conditions is authentic.
21. Any dispute regarding the execution, non-execution and/or the interpretation of the contract and the auction conditions shall be decided by Swiss law exclusively. Place of performance is 4624 Härkingen, Canton Solothurn and court of exclusive jurisdiction is the district of the town of 4624 Härkingen.
Object Conditions:
A+ Weapon appears unshot/unused. Often, but not always with its original box. Should a presentation case be included with the gun, its condition is not graded.
A Like A+, but with a very isolated, virtually unnoticeable blemish.
B Taking into account the weapon‘s age and total surface area, a fresh condition with very few and finely perceived traces of wear.
C Taking into account the weapon‘s age and total surface area, shallow instances of surface wearing appearing locally or distributed over parts of the surface area.
D Taking into account the weapon‘s age and total surface area, shallow to deeper instances of surface wearing largely distributed over the entire surface area.
E Taking into account the weapon‘s age and total surface area, significant damage, with possibility of deep gouging of the surface, as well as broken or missing parts.
Please note that all objects are graded only based on their outward appearance and collector‘s value. Firearms are not test fired nor examined by us for their functionality! We therefore assume no responsiblity whatsoever for the subsequent test firing of firearms, their use or misuse after having been sold through our auctionhouse. All of our descriptions, in particular, but not limited to condition, issues of potential repair or restoration, estimates, caliber, genuineness, types of materials used, markings, dates, etc are meant soley as an orientation and are purely nothing more than our personal opinion, presented to the best of our knowledge. Despite our sincerest efforts to assist our clients, in accordance to Art. 12, 13 & 14 of our English Auction conditions, we make no warranties or guarantees, implied or otherwise. During the viewing there is ample time for prospective buyers to carefully examine all objects and decide whether or not they would like to bid on them or not. Complaints from buyers, after they have successfully bid on an item, will therefore not be accepted.
Object Categories:
ANT - Antiques: Under Swiss law, all edged weapons produced before 1900, and all firearms produced before 1870.
IDV - A Weapon‘s Transfer Contract is required for purchase by Swiss citizens and holders of the Swiss C Permit (except as cited in Art. 12 WV and Art. 7 WG). Required for this contract is a Swiss ID, Swiss Pass, or permit C, together with a valid original certificate from the Swiss police registry (not older than 3 months). Export of this firearm is subject to the Goods Control Ordinance.*
IDVK - A Weapon‘s Transfer Contract is required for purchase by Swiss citizens and holders of the Swiss C Permit (except as cited in Art. 12 WV and Art. 7 WG). Required for this contract is a Swiss ID, Swiss Pass, or permit C, together with a valid original certificate from the Swiss police registry (not older than 3 months). Export of this firearm is subject to the Swiss War Material laws.*
WES - A Swiss Cantonal Weapons Permit is required for acquisition.*
SON - Prohibited Weapon, Cantonal Special Exemption Permit is required for acquisition.*
BLA - Swords and other edged weapons.
LIT - Literature.
DIV - Varia.