Terms and conditions for internet auctions by Christoph Sattler Industrial Auctions Inc.
Christoph Sattler Inc. (subsequent: “auctioneer”) auctions new and used items via its internet platform in lieu of and for account of the client. The following terms and conditions for internet auctions regulate the legal relationship between client or auctioneer as well as parties, who bid for the auctioned items within the internet auction (subsequent: “bidder” or “buyer”).
§ 1 Registration for and participation in the internet auction
1.1 Only the following are permitted to participate in the internet auction by submitting a bid: legal entities of public law and of public-law special assets, unlimited contractually capable natural persons, who are 18 years of age, or a business partnership with legal capacity, acting on its business and independent occupational actions. Initial admission of the bidder/buyer by the auctioneer is the prerequisite for submission of a bid during the internet auction. For this, the bidder has to register with the auctioneer with all required complete and correct information. By registering, the bidder authorizes the auctioneer to collect, to save, to process personal data, and to use this data for internal purposes. During the registration process, the bidder chooses a password. The admission is granted by assignment of a bidder number and a corresponding notification of the bidder via Email.
1.2 The bidder is obligated to ensure, no unauthorized third party can obtain the bidder’s bidder number or the bidder’s password. In case this should happen nonetheless or in case the bidder has reason to believe this happened, the bidder is obligated to forward this information to the auctioneer immediately.
§ 2 Conclusion of contract
2.1 The uploading of all items to the internet auction catalogue by the auctioneer simply represents a nonbinding invitation to submit bids. The auctioneer reserves the right to change the numeric order of auctions in the internet auction catalogue, combine positions or separate positions, or completely retract positions. The information in the internet auction catalogue, especially technical information, measurements, makes, year of construction, or indication of quantities are nonbinding, compiled to the best knowledge and in all conscience, and represent no determination of composition of the transaction item, and the auctioneer especially does not grant any guarantee for composition by the information posted in the internet auction catalogue.
2.2 For this reason the viewing appointments for the auctioned items are explicitly mentioned here and it is strongly recommended that every bidder/buyer uses these appointments.
2.3 Regarding any doubt about the validity of the highest bid, especially including in case the highest bidder does not want to accept the validity of his own bid or there is a doubt about the award of the bid, the decision made by the auctioneer is the only valid and binding decision, with which all bidding participants of the internet auction comply. The compliance hereby is expressed with entering the auction. Recourse to the courts in this matter is excluded.
2.4 The auctioneer has the right to exclude persons or their agents from the internet auction without giving any reason.
2.5 (1) By submitting a bid, the bidder expresses a binding and irrevocable buying offer for the item offered in the internet auction catalogue. (2) The bid becomes rendered invalid by a following, higher bid by another bidder (§ 156 Satz 2, 2. Alt. BGB). (3) The submission of bids has to occur within the duration of the respective internet auction. (4) Only the auctioneer’s system clock is used to determine the point of closure of the auction, which terminates the auction’s duration. (5) If a bid, which is surpassing previous bids, is submitted less than two to five minutes before the point of closure of the internet auction, the point of closure of the auction is being deferred long enough so that there is a period of two to five minutes between the submission of such a bid and the point of closure of the internet auction. (6) This process is being repeated until there is no higher bid submitted within a period of two or alternatively five minutes. (7) It is left to the complete discretion of the auctioneer that any bid can be rejected and denied award of contract by the auctioneer, without indication of any reason.
2.6 After closure of the internet auction, the auctioneer accepts the bid of the highest bidder by sending a confirmation via Email, which is equivalent to the award of contract according to § 156 Satz 1 BGB. The confirmations for award of contract / invoices sent after closure of the auction are transferred subject to further verification.
2.7 Is the highest bid below the limit price set with sole discretion by the auctioneer, a purchase contract only is put in place subject to a declaration by the auctioneer via Email, in which it is declared that the transaction item will be sold for the price of the highest bid. If the auctioneer does not issue a statement within three days after closure of the internet auction, the award of contract is not considered granted.
2.8 The auctioneer reserves the right to close the internet auction before the point of closure is reached, without a statement of intention equal to an award of contract (§ 156 Satz 2, 2. Alt. BGB).
§ 3 Passing of risk
3.1 When the buyer has received a notification via Email (“virtual award of contract”), the transaction item is considered to be handed over to the buyer. In that moment, the liability and the risk of accidental ruin and loss or damage of the transaction item is transferred to the buyer. If it is a conditional award of contract, this is only true once the condition has been lifted.
3.2 The buyer carries cost and liability for transport and disassembly of the transaction item. If the client’s, auctioneer’s, or a third party’s property is damaged during disassembly or transport, the buyer is liable for these damages.
3.3 The award of contract results in an obligation to immediate purchase of the transaction item. If the bidder does not accept the offered purchase for legal or factual reasons immediately after the award of contract or the closure of the internet auction, this does not give grounds for a contract of safe custody based on the fact that the auctioneer or a third party keeps the transaction item in storage. The buyer is responsible for cost and risk for
storage as well as potential shipping, with exclusion of any guarantee. The auctioneer is not liable, except for cases of intent, for damage, loss, or ruin of the transaction item. There is no insurance of the transaction item, unless the auctioneer explicitly undertook this vis-à-vis the buyer.
3.4 The pickup of the purchased item has to be fulfilled in any case within an adequate period of time. This period of time is determined on a case by case basis for each auction, according to the respective circumstances, and will be published on the website. Disassembly and transport of the purchased item have to be executed completely within the period of time which was set for pickup, during business days and during the posted business hours.
§ 4 Payment of purchase price and ancillary services
4.1 The surcharge, which is to be paid by the buyer, on top of the purchase price is 15%, unless another auction surcharge was agreed upon. The legal sales tax is applied to the total price.
4.2 The payment is due immediately upon the award of contract, in case of a conditional award of contract as soon as the condition has been removed.
4.3 The offset against the claimed purchase price is admissible only with counterclaims which are not contested or established as final and absolute. The buyer can only claim a right of retention, if it is based on claims within the same purchase contract.
4.4 Buyers from countries outside of the EU are required to transfer the sales tax in form of a deposit to the auctioneer. The sales tax is refunded after submission of properly stamped original export documents and all other necessary proof under German law.
4.5 The auctioneer is authorized to collect and file a suit under the auctioneer’s name for purchase money and ancillary services on behalf of the client.
4.6 In case of delayed payment of the purchase price or in case of delayed pickup of the purchased items, and after unsuccessful termination of a suitable grace period, the seller/auctioneer has the right to demand compensation due to nonfulfillment or to step back from the contract. Alternatively, the seller/auctioneer has the right to have the sold items disassembled and stored. The buyer is responsible for cost and risk of such actions. The laws regarding the results of late payment are applicable.
4.7 After January 1st, 2014, customers from within the EU are required to pay the statutory value added tax as a deposit. For a refund of the deposit, the following documents are required to be submitted, according to German law. For example:
- excerpt from the commercial register or business registration of the buyer - confirmation of turnover tax ID number - copy of passport of person who is authorized to sign - document of power of attorney for person who is authorized to sign, in case this person is not the business owner - proof of arrival at destination
§ 5 Reservation of proprietary rights
Only after complete payment of purchase price including surcharge and sales tax the ownership of the purchased items is transferred to the buyer. If the buyer is an entrepreneur, the transfer of ownership remains pending until complete payment of all claims resulting from the transaction.
§ 6 Caveat emptor
All items are being sold as is with exclusion of any guarantee. The caveat emptor mentioned in the previous sentence is not applicable, in case of fraudulent concealment by the seller or if a warranty was granted regarding the composition of the transaction item.
§ 7 Liability
7.1 Claims by the buyer for compensation aside from goods and services provided or instead of goods and services provided, no matter what legal grounds, especially due to deficiency, breach of duty in the contractual obligation, or unlawful action, are excluded. This exclusion of liability according to the previous sentence does not apply in case of intent, gross negligence, injury of life/personal injuries, as well as in case of liability according to the “Produkthaftungsgesetz” (ProdHaftG) (product liability law).
7.2 The auctioneer is not responsible for the all-time availability of the auctioneer’s website http://www.christoph-sattler.de and is not liable for possible imponderability in connection with the internet as a medium. In particular, the auctioneer is not liable for damages based on technical problems, which result in submitted bids not being transferred or being transferred too late or bids not being taken into account by the auctioneer.
§ 8 Choice of law, Jurisdiction
8.1 The execution of the internet auctions as well as these terms and conditions for internet auctions underlie German law. 8.2 Place of fulfillment for the transfer of the transaction item is the corresponding location of the item, for payments it is the location of the auctioneer. If the buyer is a registered trader, legal entities of public law and of public-law special assets, it is considered agreed upon that the responsible jurisdiction is Münster.
§ 9 Change of these terms and conditions
The auctioneer reserves the right to change or amend these terms and conditions for internet auctions in the future. The authorized bidders will be notified about possible changes or amendments via E-mail. The altered or amended terms and conditions are only applied, once the bidder submits a new bid upon receiving notification.