Auktionshaus Gutowski • 78th Auction
Auction date: December 4th 2023
The prices in this catalogue are estimates and starting prices.
No bid below the starting price can be accepted. All written bids should be made in EUR.
The buyer will pay a premium of 21% on the hammer price (plus V.A.T.)
Payments by bank transfer must be made in Euro.
Your bids will be taken into consideration independently and carefully.
If, for example, you bid EUR 150 while the next highest bid is EUR 100 you would obtain the item for EUR 105.
In this way there is no risk for you, should you give bids above „Startpreis“.
Please submit your bids as early as possible.
Schätzpreis = estimate
Startpreis = starting price
Erhaltung = condition
nicht entwertet / unentwertet = not cancelled
lochentwertet = hole cancelled
anh. (= anhängend) = attached
– Vladimir Gutowski –
Leiferder Weg 19
Phone: +49 / 5331 / 9755-24, Fax: 9755-55
Terms and Conditions of Auction
Terms and Conditions of Auction, which shall apply exclusively to participation in the 78th auction on December 4, 2023, in writing (also by fax or e-mail) or by telephone:
1. The auction is held in the name of third parties for the account of third parties on the basis of consignment contracts.
2. The auction is voluntary. It will be conducted by Auktionshaus Gutowski, Leiferder Weg 19, 38304 Wolfenbüttel, Germany (a brand of Deutsche Wertpapierauktionen GmbH in Wolfenbüttel, Germany).
3. The auction conditions are recognized by the submission of a bid. The bidder is personally liable for his bid, even if he bids for third parties and states their names.
4. Bidding shall take place at the prices stated in the catalog. Bids below the starting prices will not be accepted.
5. The auctioneer shall determine the auction rates. As a rule, bids are made by 5-10%, which may be rounded up. The submission of a bid constitutes a binding offer to purchase. The highest bidder wins the auction. If there are several bids of the same amount, the one received first will be given preference. If a bid submitted in good time is overlooked by mistake, the auctioneer is authorized to withdraw the knockdown and call out the item again. This also applies to all cases of doubt and complaints immediately after the knockdown.
6. The acceptance of the bid obliges the bidder to accept and pay in any case. All risks, in particular the risk of accidental loss and accidental deterioration of the auctioned item, shall pass to the purchaser immediately upon acceptance of the bid. However, possession and ownership shall not pass to the purchaser until the purchase price has been paid in full. The purchaser is obliged to take receipt of the auctioned items immediately after the auction.
7. The buyer has to pay a commission of 21% on the winning bid. On this commission and on the shipping costs ( inland 8,50 EUR or abroad 15,00 EUR) the legal VAT of 19% will be charged (not on the auctioned goods, which are not taxed).
8. The Auctioneer Auktionshaus Gutowski is authorized to assert all rights of the Consignor arising from his orders and from the knockdown in the name of the Consignor and at his expense of the Vendor and at the Vendor’s expense. After the end of the auction, the successful bidder may obtain the name and address of the consignor of the consigned item without restriction. The consignor may obtain the name and address of the successful bidder without restriction after the conclusion of the auction.
9. The auction shall take place against immediate cash payment of the purchase price in EUR currency. Long-distance and written bidders undertake to observe a payment period of 10 days (20 days abroad), unless other credit agreements have been made in writing. For all amounts not received within 10 days of the auction, default interest of 1% per month or part thereof will be charged. In addition, all costs arising from the involvement of a legal advisor and/or debt collection agency will be charged to the debtor.
10. If the buyer is in arrears with his payment or refuses to accept the auctioned goods, the corresponding lots may be sold by private treaty or auctioned again in his name and for his account without further notification. In this case, the debtor shall be liable, at the auctioneer’s discretion, for any reduced proceeds or for damages amounting to 30% of the hammer price; he shall have no claim to any additional proceeds and shall not be admitted to a new bid.
11. The auctioned goods will only be delivered after full payment of the invoice amount. If delivery takes place at an earlier point in time, ownership shall remain reserved until the purchase price has been paid in full. Shipment of the auctioned goods shall be at the expense and risk of the buyer. The sender has done everything necessary to dispatch the goods by post.
12. The VAT charged on the auction commission is not refundable for deliveries to third countries, as this is a domestic service. In the case of export deliveries to a member state of the European Economic Community, the buyer must prove the tax exemption requirement by providing his VAT identification number in good time.
13. All items to be auctioned are used and can be inspected and checked by appointment before the auction begins. The auctioneer accepts no liability for defects. The catalog descriptions are made to the best of our knowledge and belief, but they do not represent guaranteed characteristics within the meaning of §§459 ff BGB and cannot form the basis for complaints or claims of any kind. Signs of use or minor damage are not necessarily listed in the description in the catalog. For technical reasons, the illustrations of the auction items in the catalog may differ from the originals for technical reasons. Justified complaints must be reported no later than 7 days after receipt of the auctioned items. Any complaint is excluded if any changes have been made to the lots in question. Complaints directed against the auctioneer can no longer be considered after the knockdown.
14. By submitting bids for items bearing emblems of the Third Reich, the bidder undertakes to acquire these objects only for historical and scientific purposes and not to use them in any way for propaganda purposes, in particular within the meaning of § 86a StGB.
15. The auctioneer has the right to change the established order, to separate, combine or withdraw numbers, to award the bid subject to reservation or to reject it.
16. if a knockdown is not awarded despite a proper bid, the auctioneer shall only be liable if he is guilty of intent or gross negligence. The Auctioneer’s liability shall always be limited to the amount of the purchase price.
17. The aforementioned Auction Terms and Conditions shall also apply mutatis mutandis to all transactions concluded with auction lots outside the auction, in particular in the post-auction sale.
18. Parts of the Auction Terms and Conditions may be suspended by the Auctioneer at any time for valid reasons; in this case, the remaining parts shall nevertheless remain effective.
19. Place of performance and jurisdiction for both parties is Wolfenbüttel, Germany.
(The translation of the original German version was made with the program DeepL)