Terms and Conditions for Oldtimer & Classic Cars auctions
The auction or the sale is carried out on behalf or on account of the seller. For this purpose HENRY's keeps the addresses of the bidders/buyers in a lot number directory.
Catalogue Numbers HENRY’s reserves the right to combine or split lots and, if there is good reason to do so, to auction items other than in the published order or to withdraw them.
Warranties HENRY’s assumes no liability for defects of the goods. Any warranty claims shall be asserted exclusively against the seller. The information provided in the catalogue does not constitute warranty information pursuant to § 443 BGB (German Civil Code). The items on offer for auction are used goods and can be inspected before the auction. The motor vehicles are sold as collectors' items and not as a means of transport. Purchasers are hereby specifically advised that spare parts may have been built into the vehicles sold, that a repaint may have been performed and that the vehicles may comprise parts from other vehicles. HENRY’s relies on information provided by the seller and by experts with regard to age, condition and authenticity and conducts no examinations of vehicles of its own.
Commission to Bid Commissions to bid must be made in writing and are irrevocable. A bidder may request to be informed by HENRY’s if his/her commission to bid is below the highest amount bid by other bidders; this shall not invalidate the bid. At auctions the price is normally increased in increments of 10 per cent to the nearest amount of 100, 1,000 or 10,000. Stated price estimates are not price limits but represent the (range of) expected vending prices. The bottom price is the starting price for the auction. Price limits are agreed upon between HENRY’s and the respective seller and need not be disclosed to the bidders. In case the price limit is not reached bids may be accepted “under condition” and require the approval by the seller. HENRY’s may bid on behalf of the seller up to the agreed price limit without disclosure and irrespective of whether or not bids are placed by other bidders. Irrespective of their amount, written bids shall be handled according to the "lowest price" principle i.e. HENRY’s undertakes only to outbid the previous bid by the bidding increment. For lots sold without reserve, HENRY’s starts the bidding with the highest bid, including any bid received in writing prior to the auction.
Acceptance of Bid The hammer falls if no higher bid is offered after the highest bid is called out three times. A sale and purchase agreement is formed between the bidder and the seller upon the fall of the auctioneer's hammer. Telephone bidders will be called prior to the required lot being called, provided that a written request to do so has been submitted beforehand. HENRY’s accepts no liability for the successful establishment of the telephone connection. HENRY’s shall bear the cost of the telephone call. The sale may, on behalf of the seller, be made conditional or be refused. In the event of several identical bids being received, the bid received first shall win. If a bid that has been duly received within the specified time limit or a telephone bid has been inadvertently overlooked in error, HENRY’s is entitled to cancel the winning bid and re-auction the item. The same applies to all incidents and complaints directly after the hammer falls or after the auction. In the case of conditional sales, the bidder is bound by his bid for 14 days.
Internet-Live-Bidding-System HENRY’s does not guarantee the technical feasibility of internet connections or the on-time transmission of bids during auctions. It is advised to place bids early to ensure that bids can be considered for the auction.
Payment and Premium The award results in an obligation for the immediate payment in cash, plus a premium of 12% of the amount of award per vehicle. The buyer's premium includes statutory value-added tax. Internet-live-bidding systems: Where specified, the bid award by other bidding platforms is subject to an additional sales commission. The value added tax included in the buyer’s premium and the advanced import value added tax will be refunded if within one month a customs export certificate has been supplied or auctioneer is responsible for the export. Invoices to absentee bidders are payable no later than ten days after the invoice date. Payments shall be accepted only once the funds have cleared. Later payment or payment in a form other than cash is acceptable only with the agreement of the auctioneer. All costs including taxes and expenses of non-cash payments shall be borne by the buyer.
Transfer of Possession and Risk Possession and the risk of accidental loss and accidental damage shall pass to the buyer immediately upon the acceptance of the bid /purchase, although title does not pass until full payment has been received.
Collection In case the item is not being delivered, the buyer is obliged to collect the auctioned/purchased item immediately and/or to pay the purchase price. If the buyer fails to collect the items within ten days of the auction/sale date, he/she shall be in default. Thereafter, HENRY's is entitled to decide whether the item shall be stored or delivered to the buyer, each at buyer's expense. In the case of storage, HENRY’s will charge the buyer with 25 € per day.
Default of Payment If the buyer has not paid the purchase price in full within ten days after the auction/purchase date; he/she shall be in default without further notification or warning. During default, the buyer must pay the statutory interest. No further payment demand will be given. If the funds are not credited to HENRY’s account by the specified date, HENRY’s reserve all rights both in the name of the seller and on HENRY’s own behalf. We expressly reserve the right to claim the invoice sum plus additional costs on behalf of the seller, and/or compensatory damages pursuant to the agreed auction and supply conditions (buyer's premium, discount, penalty interest and other loss arising from the delay) on our own behalf, or to re-auction the goods at one of the next auctions, whereby the buyer shall not be entitled to the difference if a higher price is achieved, and shall be liable to make good any shortfall.
Place of Performance and Place of Jurisdiction If the buyer is a trader, the place of performance and place of jurisdiction is the registered office of HENRY’s. German law applies. Should any provision of this Agreement be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
Responsibility The auctioneers named in the catalogue are responsible for the auctions.
Last reviced 10/2017