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:

1. Hermann Historica oHG acts as commissioner for unnamed consignors. All business is conducted in Euro currency.
   
2. 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.
   
3. The auctioneer reserves the right to rearrange, separate, exclude or withdraw any lot without giving a reason.
   
4. 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, without custom declaration papers, etc.).
   
5. 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.
   
6. 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 currency. 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.
   
7. It is understood that invoices issued during or immediately after the auction are subject to confirmation and may subsequently require correction.
   
8. 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.
   
9. 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.
   
10. Hermann Historica oHG is not responsible for any malfunction, error or misunderstanding resulting from a voice or data communication.
   
11. Any item in possession of the auctioneer may be kept as security until the customer’s account is settled in full
   
12. Hermann Historica oHG reserves the right of excluding any person from the auction without explanation.
   
13. All foregoing conditions also apply to unsold lots.
   
14. 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.
   
15. 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 Euro 10, to countries within the European Community is Euro 40, to all other European and Overseas destinations Euro 90.
Modern firearms may be subject to national import or ownership restrictions. These firearms are marked "Erwerbsscheinpflichtig" at the end of each description. Please contact your relevant authorities before bidding - bidders take full responsibility for their bids!