CONDITIONS OF SALE
The following is an abridged translation of the German version, which alone has legal force. All bidders agree to the conditions of sale as stated below:
- Hermann Historica oHG acts as commissioner for unnamed consignors. All business is conducted in Euro.
- All lots may be examined on our premises and cannot be sent to prospective bidders for purposes of their inspection. All lots are sold „as is“, with all faults, imperfections and errors of description. Prospective buyers submitting written „order bids“, may file complaints within 6 weeks after sale, however, this in no way entitles them to delay final payment. Catalogue descriptions are made as conscientiously as possible, nevertheless, no statement shall be deemed as a warranty. No guarantee as to the operation or firing condition of any weapon offered for sale is made by Hermann Historica oHG.
- The auctioneer reserves the right to rearrange, separate, exclude or withdraw any lot without giving a reason.
- Order bids will be handled carefully and at no additional charge, however, without warranty. Bids marked „best“ or „in any case“, do not have absolute preference. The best way to assure obtaining a particular lot is by establishing a maximum price limit. Order bids from foreign and overseas countries should indicate how the successfully bidded items are to be sent (for example: by air mail etc.).
- On the fall of the hammer, a lot goes to the highest bidder. However, the auctioneer may refuse any bid submitted either in person or by mail, if said bidder is unknown to him, does not have a satisfactory reference or has not made a sufficient deposit prior to the auction. Likewise, the aforementioned right of refusal also applies to a customer, whose account has not been settled in full at auction time. Identical bids will be decided by drawing lots. Bidding may be renewed on any items in dispute.
- The successful bidder is obligated to take and pay for the lot. From then on, he bears all risks, however, until full payment, the lot remains the property of Hermann Historica oHG. Commission charges are 23 % including V.A.T. The V.A.T. is not refundable. Payment is due immediately in cash and in Euro. Checks are only accepted on special arrangement and must cover the total amount due, including all bank charges. The exchange rate indicated by the bank on our statement is the sole basis for settlement. Any overpayment will be credited towards future purchases or refunded upon request. Payment may also be made by the following credit cards: Visa, Mastercard. An additional administrative charge of 2.9 % will be added. Foreign customers bidding by mail must pay within 10 days after receipt of our invoice. A buyer acting as agent for a third party may be held responsible, as well as the third party, in whose name the invoice is made out.
- It is understood that invoices issued during or immediately after the auction are subject to confirmation and may subsequently require correction.
- No lot may be claimed until the respective invoice has been paid in full. Should the buyer fail to fulfil his payment obligations within 2 weeks after invoice date, he ist automatically in default and as a consequence, the invoice amount rises by 2 %, plus possible reminder and/or collection charges and interest of 1 % per month. Hermann Historica oHG may resell or store a lot at the buyer’s expense, if he fails to pay on time. Moreover, Hermann Historica oHG reserves the right to withdraw from the contract if the buyer has not paid his purchase/s in full and/or collected it/them within the granted time limit. In that event Hermann Historica oHG shall be entitled to compensation for damage from the buyer for failure to fulfil the contract. Such compensation shall consist of at least a lump sum equal to forty per cent (40 %) of the hammer price. The buyer, however, has the right to demonstrate that Hermann Historica oHG has suffered damage to a lesser value than the said forty per cent of the hammer price, or no damage at all. Similarly, Hermann Historica oHG has the right to demonstrate that the damage suffered is greater in value than the said forty per cent of the hammer price.
- Hermann Historica oHG is not obligated to repurchase or insure lots left on its premises after sale. All consignments are made at the buyer’s risk and expense. In case of shipping damage or loss, it is the buyer’s obligation to file claim with the post office or shipping agents. If the buyer fails to do so, the insurance company can not be held responsible for the loss.
- Hermann Historica oHG is not responsible for any malfunction, error or misunderstanding resulting from a voice or data communication.
- Any item in possession of the auctioneer may be kept as security until the customer’s account is settled in full.
- Hermann Historica oHG reserves the right of excluding any person from the auction without explanation.
- All foregoing conditions also apply to unsold lots.
- All questions, contestations and controversies arising out of the auction contract as well as out of all other commercial relations between Hermann Historica oHG and the buyer or between Hermann Historica oHG and the seller shall be settled exclusively in accordance with the rights, privileges and duties of both parties as defined and enforced by German law. Place of jurisdiction for all parties is Munich, Germany.
- Items dating from before 1947 and containing materials from endangered species (see the Convention on International Trade in Endangered Species) are considered as antiques and are permitted for trade in the EU without requiring an exemption from the ban on commercial use. However, an export permit is required for the export/re-export to non-EU member countries. Hermann Historica oHG will apply for this document at the Federal Nature Conservation Agency (Bundesamt für Naturschutz) in Bonn.
Items dating from between 1947 and 1975 (that is before the CITES agreement came into force) and consisting partially or entirely of materials from endangered species are not considered as antiques. They, as well as unmodified tusks of African elephants, rhinoceros horns, corals etc., may be exempt from the ban of commercial use if evidence exists that the item is of legal origin or that the owner or a third person possessed the item before the species from which it derives was listed as “subject to special protection” (besonders geschützt). If no documents are available to provide sufficient proof of the date of purchase (or when the specimen was taken from the wild), an affidavit or a testimony given under oath may be submitted to verify that the respective item had been in the possession of the owner before the species from which it derives became listed as “subject to special protection”.
Processed ivory imported between 27.02.1976 and 17.01.1990 may be permitted for trade in the EU on presentation of an exemption from the ban of commercial use, however the exportation to a non-EU member country is not approvable.
In promising cases (that is if stylistic characteristics clearly indicate that the item dates from before 1947 or if photographs and/or affidavits prove unequivocally that the material was taken from the wild and/or processed before the CITES agreement came into force), Hermann Historica oHG can apply for the exemption from the ban on commercial use at the Lower Nature Conservation Agency in Munich (Untere Naturschutzbehörde) and other possibly necessary export permit(s) for a fee of € 150. This process may take up to 6 months. All costs ensuing from the issue of these documents will be charged to the buyer.
Buyers are reminded that they are responsible for inquiring about and adhering to any relevant national import regulations prior to bidding.
- Objects which are classified as cultural goods according to the EU Regulation on the export of cultural property (EEC No. 3911/92, Official Journal No. L395 of 31/12/92) require an EU licence to be exported from the European Community. This regulation concerns a multitude of items depending on their age and value, like for example archaeological objects over 100 years old of all price levels. Other items like single pieces from zoological, botanical, mineralogical, anatomical collections are subject to less severe conditions. Arms with a value below € 50.000 and an age under 50 years do not require any export permit according to the above EU Regulation.
Hermann Historica oHG urgently suggests that buyers check on the above mentioned EU Regulation No. 3911/92 and their national import regulations. The buyer bears the sole responsibility for bids on items for which an export or import permit cannot be obtained. In the case of denial of any export or import licence or delay in obtaining such licences, the buyer is still responsible for full and final payment of the total purchase price for the lot(s). No restriction whatsoever shall justify the rescinding of any sales contract.
Messrs. Hermann Historica oHG are prepared to apply for any necessary export permit(s) at a fee of € 50. The duration of this procedure can take up to 6 months.
- Orders and medals of the Federal Republic of Germany and of all federal states in Germany, as well as their miniature decorations, ribbons and rosettes can only be sold to authorized persons according to art. 14 para. 3 of the German titles, medals and decorations law (OrdenG). Authorized persons are the recipients of the award or persons who own a collecting license. The collecting license is granted by the responsible authority upon request (the competence is regulated differently by each federal state). According to the commentary of the law, the issuance of a license can only be denied by the responsible authority if there are serious reasons. By ordering orders and medals of the Federal Republic of Germany and their federal states the client assures that he accordingly owns a collecting license. Purchase orders will only be accepted under these conditions.
- Modern firearms will be shipped to foreign buyers only upon receipt of the German export licence (if necessary). Hermann Historica oHG will be pleased to submit the export licence applications on request. The application and processing fee for any shipment within Germany is € 10, to countries within the European Community is € 40, to all other European and Overseas destinations € 90.
The firearms are not tested for their firing functionality, they are sold as collectors’ arms in the described condition, they are not examined on their fitness for use, safety to fire or store and must be regarded as not intended for use and unsafe to fire unless subsequently proved.
Hermann Historica shall not be liable for any accident, injury or damage to any person from the use or storage of any firearm.
Modern firearms may be subject to national import or ownership restrictions. Please contact your relevant authorities before bidding – bidders take full responsibility for their bids!
- If any part of these conditions of business is held to be unenforceable or invalid, the remaining parts shall remain in full force and effect.