General terms and conditions of business
General terms and conditions:
The auction house D. Oechsler Industrieverwertung (hereinafter: "Oechsler Industrieverwertung" or "Auctioneer) sells via the website https://www.oechsler-auktion.de in the context of voluntary public Internet auctions - unless expressly stated otherwise in the special auction conditions of the respective auction specified - goods used in the name and for the account of the consignor. The following conditions regulate the legal relationships between the consignor or OECHSLER INDUSTRIEWERTUNG on the one hand and the buyers or the persons who place bids for the objects to be auctioned in the context of auctions via the Internet (hereinafter: "bidder" or "buyer"), on the other hand.
1. Scope and binding nature of the GTC
1.1 These General Terms and Conditions apply to all sales initiated or made by OECHSLER INDUSTRIEWERTUNG in the context of auctions via the platform https://www.oechsler-auktion.de. Participation in the auctions is only permitted to natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity (entrepreneurs in accordance with § 14 BGB).
1.2 The buyers or bidders acknowledge that these conditions are solely binding; deviating, conflicting or supplementary general terms and conditions of the bidder shall not become part of the contractual relationship with the seller or with OECHSLER INDUSTRIEVERWERTUNG.
1.3 The special auction conditions included in addition to these general auction conditions apply exclusively to the respective auction. In the event of deviations or contradictions, the Special Auction Terms and Conditions shall take precedence over these General Auction Terms and Conditions.
2. Bidding Platform and Bidding Requirements
2.1 The dates of the auctions are publicly announced on the platform https://www.oechsler-auktion.de and in other generally accessible publications. Each auction has a bidding time specified in the respective bid mask. OECHSLER INDUSTRYVALUATION reserves the right to shorten or extend this bidding period.
2.2 Bids can only be submitted by registered bidders via the bid mask set up on the platform and only online as part of the procedure specified on the website 0https://www.oechsler-auktion.de. Bids submitted in any other way will not be considered, even if they are received by the seller or OECHSLER INDUSTRIEWERTUNG during the bidding period. The buyer is not permitted to bid on the same lot using another user access or by involving third parties.
3. Details of lots
3.1 The presentation of the objects of purchase (also referred to as "lot" or "lots") on the Internet only serves to give prospective buyers the opportunity to classify the lot in terms of content, time and place. The textual description in German applies here, even if the auctioneer provides the bidder with a translation for service reasons. Irrespective of this, any pictorial representations and textual descriptions, in particular information on technical data, dimensions, makes, years of construction or quantities, are non-binding and do not represent an express or implied determination of the condition of the object of purchase. The bidder acknowledges and agrees that the Seller assumes no liability for the existence of properties that result from the presentation on the Internet or can be derived. Due to the non-binding nature of the presentation of the lots on the internet, we strongly advise against bidding on lots without prior inspection/examination.
3.2 The disclaimer of warranty agreed in Section 9 also applies to the quality owed by law pursuant to Section 434, Paragraph 1, Clause 2, No. 2 and Section 434, Paragraph 1, Clause 3 of the German Civil Code. Seller and buyer agree that the use required under the contract (§ 434 Paragraph 1 Clause 2 No. 1 BGB) corresponds to the usual use (§ 434 Paragraph 1 Clause 2 No. 2 BGB).
4. Conclusion of contract
4.1 The auction is carried out as a conventional upward auction. It begins with a minimum bid for each lot. The current bid must be increased at least in the specified increments that depend on the minimum bid. Bidders have the option of using a bid agent to place their bids, which - after activation by the bidder - automatically increases the bidder's bid step by step within the specified framework until the bidder is the highest bidder again.
4.2 By submitting a bid, the bidder submits a binding and irrevocable purchase offer for the item presented on the Internet. A bidder's bid expires with a subsequent, higher bidt of another bidder (§ 156 sentence 2, 2nd alternative BGB).
4.3 Bids must be submitted within the bidding time specified in the respective auction. The system time clock of the platform alone is decisive for determining the closing time that ends the respective bidding time. If a bid is placed on a lot within the last 2 minutes before the regular closing time for this lot, the bidding time for this lot is extended by 2 minutes. This regulation applies accordingly if an overbid is submitted within the extended bidding period. This continues until no higher bid is received 2 minutes before the bidding time, which may have been extended several times, expires. If a bid is received in the last minute of an auction's duration, the auction is extended by 20 - 60 seconds (depending on the system settings by the administrator), and the following items in the same auction catalog are postponed by this amount of time. This ensures that two lots do not expire at the same time. No bids will be accepted outside the platform.
4.4 After the end of the auction, the auctioneer accepts the bid of the highest bidder by means of an e-mail confirmation, which corresponds to the award within the meaning of § 156 sentence 1 BGB. This creates a contract between the seller and the highest bidder. However, OECHSLER INDUSTRIEWERTUNG is entitled, in accordance with § 156 sentence 2, 2nd alternative BGB, to close the auction without issuing a declaration of intent corresponding to the acceptance of the bid.
4.5 OECHSLER INDUSTRIEWERTUNG reserves the right to sell all or individual lots in an auction subject to a reservation that is made known to the bidder before the bid is submitted and is at the discretion of OECHSLER INDUSTRIEWERTUNG. OECHSLER INDUSTRIEWERTUNG also reserves the right to withdraw lots after the auction has started and to reject bids without giving reasons; this right only exists until a declaration of intent corresponding to the acceptance of the bid has been issued in accordance with Section 4.4 Clause 1 of these conditions.
4.6 If the highest bid is below the minimum price determined by the auctioneer at their own discretion, or if the auctioneer has accepted the bid for other reasons with reservations, a purchase contract is only concluded if the auctioneer declares that they will also sell the lot for the amount of the highest bid or to drop the reservation. The sending of an invoice relating to the lot to the highest bidder shall be deemed to be a declaration that the reservation is no longer valid. If the auctioneer has not declared the waiver of the reservation within 10 working days after the end of the auction, the bid is deemed not to have been accepted.
4.7 Due to the special form of marketing, the bidder agrees that the identity and address of the seller will generally only be communicated to him after the conclusion of the contract.
5. Payment of purchase price and ancillary services
5.1 In addition to the purchase price, the buyer owes the premium specifically stated when the bid is submitted, as well as the statutory VAT applicable to the premium. OECHSLER INDUSTRIEWERTUNG calculates the purchase price for the object of purchase in the name and for the account of the seller and the premium in its own name and for its own account (if desired).
5.1.1 On the purchase price for the object of purchase, buyers from the Federal Republic of Germany will be charged the statutory value added tax applicable to the respective lot, unless it is a sale that is subject to differential taxation in accordance with Section 25a of the Sales Tax Act or the sales tax on the lot sold is not demonstrable.
5.1.2 Buyers from EU countries other than the Federal Republic of Germany must provide OECHSLER INDUSTRIEWERTUNG with written proof of the valid international sales tax identification number issued to them before submitting their bid and send OECHSLER INDUSTRIEWERTUNG a copy of their legal representative’s or owner’s identity card or passport. After the complete documents are available and the bid has been accepted, the buyer will receive an invoice for a tax-free intra-Community delivery. In addition to the amounts specified in Section 5.1, the buyer must pay a security amounting to the sales tax rate applicable in the Federal Republic of Germany on the net purchase price. If the buyer provides complete and uncontradictory proof of the legal requirements for a tax-free intra-Community delivery within 1 week of picking up the object of purchase, OECHSLER INDUSTRIEWERTUNG will reimburse the security after a reasonable examination period has expired. If OECHSLER INDUSTRIEWERTUNG does not have proof of the legal requirements for a tax-free intra-Community delivery after the above-mentioned period has expired, or if it is incomplete, or if the information is not free of contradictions, then OECHSLER INDUSTRIEWERTUNG is entitled to cancel the present invoice, to issue an invoice with sales tax shown and to arrange for the security provided to be paid as sales tax to the responsible tax office in the Federal Republic of Germany.
5.1.3 Buyers from non-EU countries (third countries) must pay security to OECHSLER INDUSTRIEWERTUNG on the purchase price for the object of purchase in the amount of the sales tax rate applicable in the Federal Republic of Germany. This security will refunded to the buyer as soon as it can be proven beyond any doubt that the purchased lot has left the EU countries. For this purpose, OECHSLER INDUSTRIEWERTUNG must submit the original of the completed export declaration stamped by the border customs office of the EU.
5.2 The purchase price plus premium is due immediately without deduction at the time of the bid, in the case of a bid with reservation immediately after the cessation of the reservation. The buyer is obliged to transfer the purchase price within 4 working days (including Saturdays) after sending the purchase contract exclusively to the account specified in the invoice. Payments of EUR 10,000.00 or more in cash will not be accepted, even if several partial payments are made in cash in connection with a transaction, which together reach a value of EUR 10,000.00.
5.3 The parties to the purchase contract agree that the invoices for auctioned lots will only be sent to the invoice recipient in electronic form if OECHSLER INDUSTRIEWERTUNG has been provided with the necessary data. The invoice recipient agrees that he will not receive any paper invoices unless otherwise agreed. The buyer receiving the invoice is aware that, according to Section 14 (1) UStG, he must guarantee the authenticity of the origin, the integrity of the content of the invoice and its legibility.
5.4 Offsetting against the purchase price claim or retention of the purchase price due to counterclaims is excluded unless the counterclaims are undisputed or have been legally established.
6. Collection, transfer of risk
6.1 After the purchase price has been paid in full in accordance with section 5.1, OECHSLER INDUSTRIEWERTUNG authorizes the buyer to collect the lot. The seller or OECHSLER INDUSTRIEWERTUNG is entitled to refuse the authorization to collect the lot, to hand over the lot and - in the case of vehicle auctions - to hand over the registration certificate II until the buyer has fulfilled all due liabilities towards the seller and OECHSLER INDUSTRIEWERTUNG, also if the liabilities have arisen from other sales and/or other legal relationships.
6.2 The auctioned lot is to be picked up by the buyer at the pick-up times specified in the special auction conditions of the respective auction, but no later than 10 days after receipt of the authorization for pick-up, at the pick-up location notified by OECHSLER INDUSTRIEWERTUNG. The timely collection of the auctioned lot represents a primary contractual obligation of the buyer. The person collecting the item must prove his identity in writing by presenting a valid identity card or passport and, if applicable, his authorization to represent the buyer.
6.3 Unless otherwise stated in the special auction conditions or expressly agreed otherwise in writing, the lot is handed over to the buyer by procuring possession at the pick-up location, in business transactions with buyers from non-EU countries the delivery is "ex works" (EXW according to Incoterms® 2020 ) agreed from pick-up location.
6.4 Dismantling, loading, dispatch, transport and, if applicable, export of the purchased item are carried out at the expense and risk of the buyer. All activities beyond the provision of the object of purchase for collection, in particular its loading and transport, are carried out exclusively in the interests of the buyer in his sphere of duties, even if they are carried out by OECHSLER INDUSTRIEWERTUNG or by third parties. A fault in the execution of these activities is therefore to be attributed to the buyer as if it were his own fault (§ 278 BGB). Neither OECHSLER INDUSTRIEWERTUNG, nor the employees working for OECHSLER INDUSTRIEWERTUNG, nor third parties commissioned by OECHSLER INDUSTRIEWERTUNG are shippers within the meaning of the Road Traffic Act (StVO). Shipping organized by OECHSLER INDUSTRIEWERTUNG is only possible within the Federal Republic of Germany.
6.5 Entering the premises on which the items for sale are located for the purpose of inspection or collection is at your own risk.
7. Seller's Right of Withdrawal
7.1 If the buyer does not pay the full purchase price including ancillary services in accordance with section 5.1 within 4 working days (including Saturdays) after sending the invoice relating to the lot, the seller is entitled to do so after the unsuccessful expiry of a grace period of at least 7 additional working days (including Saturdays) set for the buyer to withdraw from the purchase contract and sell the lot elsewhere. In the event of withdrawal due to late payment, the first buyer is liable to the seller for any reduced proceeds and is obliged to reimburse the additional costs (transport costs, storage costs, etc.) incurred as a result of the late payment.
7.2 If notIf the lot is collected in good time in accordance with section 6.2, the seller is entitled to withdraw from the purchase contract after a grace period of at least 14 working days (including Saturdays) set for the buyer has expired without success. In this case, the first buyer is liable for damages to the seller and OECHSLER INDUSTRIEWERTUNG.
7.3 In addition, the buyer is obliged to pay the seller a flat-rate expense allowance of 10% of the purchase price (excluding VAT, premium and applicable VAT) after withdrawal due to default in payment or untimely collection of the object of purchase, unless the buyer proves that the seller suffered no damage at all or a significantly lower damage than the lump sum.
7.4 The buyer's obligation to pay the premium incurred as a result of OECHSLER INDUSTRIEWERTUNG's brokerage service remains in force even if the right of withdrawal is exercised due to default in payment or untimely collection of the object of purchase.
7.5 If a lot is not available despite the bid being accepted, the seller is entitled to release himself from his obligation to hand over the lot. In this case, the seller or OECHSLER INDUSTRIEWERTUNG will inform the buyer immediately about the unavailability of the lot and reimburse the buyer without delay for any payments made for the lot.
8. Passing of Risk
The risk of accidental loss and accidental deterioration of the object of purchase is transferred to the buyer with the bid, in the case of a bid subject to reservation with the lapse of the reservation.
9. Seller's Liability
9.1 All purchased items are sold in the condition in which they are and are subject to the exclusion of any defect rights and any liability for material defects.
9.2 The above agreed exclusion of liability does not apply if the seller is liable for personal injury resulting from injury to life, limb or health, which is based on an at least negligent breach of duty by the seller or intentional or negligent breach of duty by his legal representative or vicarious agent. The exclusion of liability for other damages based on at least a grossly negligent breach of duty by the seller, his legal representative or vicarious agent does not apply either.
9.3 The exclusion of liability agreed in Section 9.1 above also does not apply if a defect was fraudulently concealed by the seller or a guarantee for the quality of the object of purchase was assumed.
10. Buyer's obligation to give notice of defects
10.1 If the purchase is a commercial transaction for both contracting parties within the meaning of the German Commercial Code, the buyer must inspect the object of purchase immediately after delivery by the seller or OECHSLER INDUSTRIEWERTUNG and, if there is a deviation from the owed quality, the seller or OECHSLER INDUSTRIEWERTUNG report them immediately. If the buyer refrains from reporting an easily recognizable deviation from the owed quality within a standard period of three working days after delivery or in the event of a hidden deviation from the owed quality within a standard period of three working days after becoming aware of the defect, the object of purchase is deemed to have been approved, unless because the seller or OECHSLER INDUSTRIEWERTUNG has fraudulently concealed a defect. The receipt of the notification by the seller or by OECHSLER INDUSTRIEWERTUNG is decisive for compliance with the notice period.
10.2 If the purchase is not a commercial transaction for both contracting parties within the meaning of the Commercial Code, the buyer must notify the seller or OECHSLER INDUSTRIEWERTUNG in writing or in text form of obvious defects within a period of 12 working days after acceptance of the object of purchase. The receipt of the notice of defects by the seller or by OECHSLER INDUSTRIEWERTUNG is decisive for compliance with the notice period. If the notification of obvious defects is not made within the above period, the buyer is excluded from claims due to defects not notified in due time, unless the seller or OECHSLER INDUSTRIEWERTUNG has fraudulently concealed a defect
11. Right to Subsequent Performance
If the notices of defects are also justified in view of the provisions made in Sections 9 and 10 above, the seller has the right to supplementary performance. The buyer has the right to choose between rectification and subsequent delivery. In the event of supplementary performance, the seller is not obliged to bear the increased costs incurred by moving the object of purchase to a location other than the place of performance according to Section 6.2, provided that the transport does not correspond to the intended use of the object of purchase.
12. Liability of OECHSLER INDUSTRIEWERTUNG
12.1 Any liability of OECHSLER INDUSTRIEWERTUNG from the mediated purchase contract is excluded.
12.2 The above exclusion of liability does not apply if OECHSLER INDUSTRIEWERTUNG is liable for personal injury resulting from injury to life, limb or health, which is based on an at least negligent breach of duty by OECHSLER INDUSTRIEWERTUNG or intentional or negligent breach of duty by its legal representative or vicarious agent. The exclusion of liability for other damages based on at least a grossly negligent breach of duty by OECHSLER INDUSTRIEWERTUNG, its legal representative or vicarious agent does not apply either.
13. Statute of Limitations
13.1 Warranty claims of the buyer against the seller for damages and claims due to quality defects expire three months after the transfer of risk. This does not apply to claims for injury to life, limb or health that are based on at least a negligent breach of duty by the seller, his legal representative or vicarious agent. Likewise excluded from the shortening of the limitation period in accordance with sentence 1 are claims for other damages that are based on at least a grossly negligent breach of duty by the seller or his vicarious agents. In such cases, the statutory deadline applies.
13.2 Any claims for damages against OECHSLER INDUSTRIEWERTUNG expire three months after conclusion of the mediated purchase contract. This does not apply to claims for injury to life, limb or health that are based on an at least negligent breach of duty by OECHSLER INDUSTRIEWERTUNG, its legal representative or vicarious agent. Likewise excluded from the shortening of the limitation period in accordance with sentence 1 are claims for other damages that are based on at least a grossly negligent breach of duty by OECHSLER INDUSTRIEWERTUNG or its vicarious agents. In such cases, the statutory deadline applies.
14. Retention of Title
Ownership of the auctioned items is only transferred to the buyer after full payment of all due claims from the business relationship with the seller.
15. Power of Attorney to Make Declarations and Receipts, Direct Debit Authorization
15.1 OECHSLER INDUSTRIEWERTUNG is comprehensively authorized by the seller with regard to the sales contracts initiated and concluded on the basis of these conditions. In particular, OECHSLER INDUSTRIEWERTUNG is authorized to make and receive all declarations that are to be made in connection with these sales contracts. This power of attorney is valid until the buyer has been informed of the contrary in writing.
15.2 The buyer acknowledges and agrees that OECHSLER INDUSTRIEWERTUNG is entitled to collect all claims of the seller, which result from the sales contracts initiated or concluded on the basis of these conditions or arise in connection with them, in its own name for the account of the seller and to assert them in court close.
16. Governing Law, Jurisdiction
16.1 The parties agree that the entire contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
16.2 If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all obligations arising from the purchase contract or in connection with the purchase contract is Philippsburg, in the case of local court jurisdiction the district court of Philippsburg.
The auction house D. Oechsler Industrieverwertung (hereinafter: "Oechsler Industrieverwertung" or "Auctioneer) sells via the website https://www.oechsler-auktion.de in the context of voluntary public Internet auctions - unless expressly stated otherwise in the special auction conditions of the respective auction specified - goods used in the name and for the account of the consignor. The following conditions regulate the legal relationships between the consignor or OECHSLER INDUSTRIEWERTUNG on the one hand and the buyers or the persons who place bids for the objects to be auctioned in the context of auctions via the Internet (hereinafter: "bidder" or "buyer"), on the other hand.
1. Scope and binding nature of the GTC
1.1 These General Terms and Conditions apply to all sales initiated or made by OECHSLER INDUSTRIEWERTUNG in the context of auctions via the platform https://www.oechsler-auktion.de. Participation in the auctions is only permitted to natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity (entrepreneurs in accordance with § 14 BGB).
1.2 The buyers or bidders acknowledge that these conditions are solely binding; deviating, conflicting or supplementary general terms and conditions of the bidder shall not become part of the contractual relationship with the seller or with OECHSLER INDUSTRIEVERWERTUNG.
1.3 The special auction conditions included in addition to these general auction conditions apply exclusively to the respective auction. In the event of deviations or contradictions, the Special Auction Terms and Conditions shall take precedence over these General Auction Terms and Conditions.
2. Bidding Platform and Bidding Requirements
2.1 The dates of the auctions are publicly announced on the platform https://www.oechsler-auktion.de and in other generally accessible publications. Each auction has a bidding time specified in the respective bid mask. OECHSLER INDUSTRYVALUATION reserves the right to shorten or extend this bidding period.
2.2 Bids can only be submitted by registered bidders via the bid mask set up on the platform and only online as part of the procedure specified on the website 0https://www.oechsler-auktion.de. Bids submitted in any other way will not be considered, even if they are received by the seller or OECHSLER INDUSTRIEWERTUNG during the bidding period. The buyer is not permitted to bid on the same lot using another user access or by involving third parties.
3. Details of lots
3.1 The presentation of the objects of purchase (also referred to as "lot" or "lots") on the Internet only serves to give prospective buyers the opportunity to classify the lot in terms of content, time and place. The textual description in German applies here, even if the auctioneer provides the bidder with a translation for service reasons. Irrespective of this, any pictorial representations and textual descriptions, in particular information on technical data, dimensions, makes, years of construction or quantities, are non-binding and do not represent an express or implied determination of the condition of the object of purchase. The bidder acknowledges and agrees that the Seller assumes no liability for the existence of properties that result from the presentation on the Internet or can be derived. Due to the non-binding nature of the presentation of the lots on the internet, we strongly advise against bidding on lots without prior inspection/examination.
3.2 The disclaimer of warranty agreed in Section 9 also applies to the quality owed by law pursuant to Section 434, Paragraph 1, Clause 2, No. 2 and Section 434, Paragraph 1, Clause 3 of the German Civil Code. Seller and buyer agree that the use required under the contract (§ 434 Paragraph 1 Clause 2 No. 1 BGB) corresponds to the usual use (§ 434 Paragraph 1 Clause 2 No. 2 BGB).
4. Conclusion of contract
4.1 The auction is carried out as a conventional upward auction. It begins with a minimum bid for each lot. The current bid must be increased at least in the specified increments that depend on the minimum bid. Bidders have the option of using a bid agent to place their bids, which - after activation by the bidder - automatically increases the bidder's bid step by step within the specified framework until the bidder is the highest bidder again.
4.2 By submitting a bid, the bidder submits a binding and irrevocable purchase offer for the item presented on the Internet. A bidder's bid expires with a subsequent, higher bidt of another bidder (§ 156 sentence 2, 2nd alternative BGB).
4.3 Bids must be submitted within the bidding time specified in the respective auction. The system time clock of the platform alone is decisive for determining the closing time that ends the respective bidding time. If a bid is placed on a lot within the last 2 minutes before the regular closing time for this lot, the bidding time for this lot is extended by 2 minutes. This regulation applies accordingly if an overbid is submitted within the extended bidding period. This continues until no higher bid is received 2 minutes before the bidding time, which may have been extended several times, expires. If a bid is received in the last minute of an auction's duration, the auction is extended by 20 - 60 seconds (depending on the system settings by the administrator), and the following items in the same auction catalog are postponed by this amount of time. This ensures that two lots do not expire at the same time. No bids will be accepted outside the platform.
4.4 After the end of the auction, the auctioneer accepts the bid of the highest bidder by means of an e-mail confirmation, which corresponds to the award within the meaning of § 156 sentence 1 BGB. This creates a contract between the seller and the highest bidder. However, OECHSLER INDUSTRIEWERTUNG is entitled, in accordance with § 156 sentence 2, 2nd alternative BGB, to close the auction without issuing a declaration of intent corresponding to the acceptance of the bid.
4.5 OECHSLER INDUSTRIEWERTUNG reserves the right to sell all or individual lots in an auction subject to a reservation that is made known to the bidder before the bid is submitted and is at the discretion of OECHSLER INDUSTRIEWERTUNG. OECHSLER INDUSTRIEWERTUNG also reserves the right to withdraw lots after the auction has started and to reject bids without giving reasons; this right only exists until a declaration of intent corresponding to the acceptance of the bid has been issued in accordance with Section 4.4 Clause 1 of these conditions.
4.6 If the highest bid is below the minimum price determined by the auctioneer at their own discretion, or if the auctioneer has accepted the bid for other reasons with reservations, a purchase contract is only concluded if the auctioneer declares that they will also sell the lot for the amount of the highest bid or to drop the reservation. The sending of an invoice relating to the lot to the highest bidder shall be deemed to be a declaration that the reservation is no longer valid. If the auctioneer has not declared the waiver of the reservation within 10 working days after the end of the auction, the bid is deemed not to have been accepted.
4.7 Due to the special form of marketing, the bidder agrees that the identity and address of the seller will generally only be communicated to him after the conclusion of the contract.
5. Payment of purchase price and ancillary services
5.1 In addition to the purchase price, the buyer owes the premium specifically stated when the bid is submitted, as well as the statutory VAT applicable to the premium. OECHSLER INDUSTRIEWERTUNG calculates the purchase price for the object of purchase in the name and for the account of the seller and the premium in its own name and for its own account (if desired).
5.1.1 On the purchase price for the object of purchase, buyers from the Federal Republic of Germany will be charged the statutory value added tax applicable to the respective lot, unless it is a sale that is subject to differential taxation in accordance with Section 25a of the Sales Tax Act or the sales tax on the lot sold is not demonstrable.
5.1.2 Buyers from EU countries other than the Federal Republic of Germany must provide OECHSLER INDUSTRIEWERTUNG with written proof of the valid international sales tax identification number issued to them before submitting their bid and send OECHSLER INDUSTRIEWERTUNG a copy of their legal representative’s or owner’s identity card or passport. After the complete documents are available and the bid has been accepted, the buyer will receive an invoice for a tax-free intra-Community delivery. In addition to the amounts specified in Section 5.1, the buyer must pay a security amounting to the sales tax rate applicable in the Federal Republic of Germany on the net purchase price. If the buyer provides complete and uncontradictory proof of the legal requirements for a tax-free intra-Community delivery within 1 week of picking up the object of purchase, OECHSLER INDUSTRIEWERTUNG will reimburse the security after a reasonable examination period has expired. If OECHSLER INDUSTRIEWERTUNG does not have proof of the legal requirements for a tax-free intra-Community delivery after the above-mentioned period has expired, or if it is incomplete, or if the information is not free of contradictions, then OECHSLER INDUSTRIEWERTUNG is entitled to cancel the present invoice, to issue an invoice with sales tax shown and to arrange for the security provided to be paid as sales tax to the responsible tax office in the Federal Republic of Germany.
5.1.3 Buyers from non-EU countries (third countries) must pay security to OECHSLER INDUSTRIEWERTUNG on the purchase price for the object of purchase in the amount of the sales tax rate applicable in the Federal Republic of Germany. This security will refunded to the buyer as soon as it can be proven beyond any doubt that the purchased lot has left the EU countries. For this purpose, OECHSLER INDUSTRIEWERTUNG must submit the original of the completed export declaration stamped by the border customs office of the EU.
5.2 The purchase price plus premium is due immediately without deduction at the time of the bid, in the case of a bid with reservation immediately after the cessation of the reservation. The buyer is obliged to transfer the purchase price within 4 working days (including Saturdays) after sending the purchase contract exclusively to the account specified in the invoice. Payments of EUR 10,000.00 or more in cash will not be accepted, even if several partial payments are made in cash in connection with a transaction, which together reach a value of EUR 10,000.00.
5.3 The parties to the purchase contract agree that the invoices for auctioned lots will only be sent to the invoice recipient in electronic form if OECHSLER INDUSTRIEWERTUNG has been provided with the necessary data. The invoice recipient agrees that he will not receive any paper invoices unless otherwise agreed. The buyer receiving the invoice is aware that, according to Section 14 (1) UStG, he must guarantee the authenticity of the origin, the integrity of the content of the invoice and its legibility.
5.4 Offsetting against the purchase price claim or retention of the purchase price due to counterclaims is excluded unless the counterclaims are undisputed or have been legally established.
6. Collection, transfer of risk
6.1 After the purchase price has been paid in full in accordance with section 5.1, OECHSLER INDUSTRIEWERTUNG authorizes the buyer to collect the lot. The seller or OECHSLER INDUSTRIEWERTUNG is entitled to refuse the authorization to collect the lot, to hand over the lot and - in the case of vehicle auctions - to hand over the registration certificate II until the buyer has fulfilled all due liabilities towards the seller and OECHSLER INDUSTRIEWERTUNG, also if the liabilities have arisen from other sales and/or other legal relationships.
6.2 The auctioned lot is to be picked up by the buyer at the pick-up times specified in the special auction conditions of the respective auction, but no later than 10 days after receipt of the authorization for pick-up, at the pick-up location notified by OECHSLER INDUSTRIEWERTUNG. The timely collection of the auctioned lot represents a primary contractual obligation of the buyer. The person collecting the item must prove his identity in writing by presenting a valid identity card or passport and, if applicable, his authorization to represent the buyer.
6.3 Unless otherwise stated in the special auction conditions or expressly agreed otherwise in writing, the lot is handed over to the buyer by procuring possession at the pick-up location, in business transactions with buyers from non-EU countries the delivery is "ex works" (EXW according to Incoterms® 2020 ) agreed from pick-up location.
6.4 Dismantling, loading, dispatch, transport and, if applicable, export of the purchased item are carried out at the expense and risk of the buyer. All activities beyond the provision of the object of purchase for collection, in particular its loading and transport, are carried out exclusively in the interests of the buyer in his sphere of duties, even if they are carried out by OECHSLER INDUSTRIEWERTUNG or by third parties. A fault in the execution of these activities is therefore to be attributed to the buyer as if it were his own fault (§ 278 BGB). Neither OECHSLER INDUSTRIEWERTUNG, nor the employees working for OECHSLER INDUSTRIEWERTUNG, nor third parties commissioned by OECHSLER INDUSTRIEWERTUNG are shippers within the meaning of the Road Traffic Act (StVO). Shipping organized by OECHSLER INDUSTRIEWERTUNG is only possible within the Federal Republic of Germany.
6.5 Entering the premises on which the items for sale are located for the purpose of inspection or collection is at your own risk.
7. Seller's Right of Withdrawal
7.1 If the buyer does not pay the full purchase price including ancillary services in accordance with section 5.1 within 4 working days (including Saturdays) after sending the invoice relating to the lot, the seller is entitled to do so after the unsuccessful expiry of a grace period of at least 7 additional working days (including Saturdays) set for the buyer to withdraw from the purchase contract and sell the lot elsewhere. In the event of withdrawal due to late payment, the first buyer is liable to the seller for any reduced proceeds and is obliged to reimburse the additional costs (transport costs, storage costs, etc.) incurred as a result of the late payment.
7.2 If notIf the lot is collected in good time in accordance with section 6.2, the seller is entitled to withdraw from the purchase contract after a grace period of at least 14 working days (including Saturdays) set for the buyer has expired without success. In this case, the first buyer is liable for damages to the seller and OECHSLER INDUSTRIEWERTUNG.
7.3 In addition, the buyer is obliged to pay the seller a flat-rate expense allowance of 10% of the purchase price (excluding VAT, premium and applicable VAT) after withdrawal due to default in payment or untimely collection of the object of purchase, unless the buyer proves that the seller suffered no damage at all or a significantly lower damage than the lump sum.
7.4 The buyer's obligation to pay the premium incurred as a result of OECHSLER INDUSTRIEWERTUNG's brokerage service remains in force even if the right of withdrawal is exercised due to default in payment or untimely collection of the object of purchase.
7.5 If a lot is not available despite the bid being accepted, the seller is entitled to release himself from his obligation to hand over the lot. In this case, the seller or OECHSLER INDUSTRIEWERTUNG will inform the buyer immediately about the unavailability of the lot and reimburse the buyer without delay for any payments made for the lot.
8. Passing of Risk
The risk of accidental loss and accidental deterioration of the object of purchase is transferred to the buyer with the bid, in the case of a bid subject to reservation with the lapse of the reservation.
9. Seller's Liability
9.1 All purchased items are sold in the condition in which they are and are subject to the exclusion of any defect rights and any liability for material defects.
9.2 The above agreed exclusion of liability does not apply if the seller is liable for personal injury resulting from injury to life, limb or health, which is based on an at least negligent breach of duty by the seller or intentional or negligent breach of duty by his legal representative or vicarious agent. The exclusion of liability for other damages based on at least a grossly negligent breach of duty by the seller, his legal representative or vicarious agent does not apply either.
9.3 The exclusion of liability agreed in Section 9.1 above also does not apply if a defect was fraudulently concealed by the seller or a guarantee for the quality of the object of purchase was assumed.
10. Buyer's obligation to give notice of defects
10.1 If the purchase is a commercial transaction for both contracting parties within the meaning of the German Commercial Code, the buyer must inspect the object of purchase immediately after delivery by the seller or OECHSLER INDUSTRIEWERTUNG and, if there is a deviation from the owed quality, the seller or OECHSLER INDUSTRIEWERTUNG report them immediately. If the buyer refrains from reporting an easily recognizable deviation from the owed quality within a standard period of three working days after delivery or in the event of a hidden deviation from the owed quality within a standard period of three working days after becoming aware of the defect, the object of purchase is deemed to have been approved, unless because the seller or OECHSLER INDUSTRIEWERTUNG has fraudulently concealed a defect. The receipt of the notification by the seller or by OECHSLER INDUSTRIEWERTUNG is decisive for compliance with the notice period.
10.2 If the purchase is not a commercial transaction for both contracting parties within the meaning of the Commercial Code, the buyer must notify the seller or OECHSLER INDUSTRIEWERTUNG in writing or in text form of obvious defects within a period of 12 working days after acceptance of the object of purchase. The receipt of the notice of defects by the seller or by OECHSLER INDUSTRIEWERTUNG is decisive for compliance with the notice period. If the notification of obvious defects is not made within the above period, the buyer is excluded from claims due to defects not notified in due time, unless the seller or OECHSLER INDUSTRIEWERTUNG has fraudulently concealed a defect
11. Right to Subsequent Performance
If the notices of defects are also justified in view of the provisions made in Sections 9 and 10 above, the seller has the right to supplementary performance. The buyer has the right to choose between rectification and subsequent delivery. In the event of supplementary performance, the seller is not obliged to bear the increased costs incurred by moving the object of purchase to a location other than the place of performance according to Section 6.2, provided that the transport does not correspond to the intended use of the object of purchase.
12. Liability of OECHSLER INDUSTRIEWERTUNG
12.1 Any liability of OECHSLER INDUSTRIEWERTUNG from the mediated purchase contract is excluded.
12.2 The above exclusion of liability does not apply if OECHSLER INDUSTRIEWERTUNG is liable for personal injury resulting from injury to life, limb or health, which is based on an at least negligent breach of duty by OECHSLER INDUSTRIEWERTUNG or intentional or negligent breach of duty by its legal representative or vicarious agent. The exclusion of liability for other damages based on at least a grossly negligent breach of duty by OECHSLER INDUSTRIEWERTUNG, its legal representative or vicarious agent does not apply either.
13. Statute of Limitations
13.1 Warranty claims of the buyer against the seller for damages and claims due to quality defects expire three months after the transfer of risk. This does not apply to claims for injury to life, limb or health that are based on at least a negligent breach of duty by the seller, his legal representative or vicarious agent. Likewise excluded from the shortening of the limitation period in accordance with sentence 1 are claims for other damages that are based on at least a grossly negligent breach of duty by the seller or his vicarious agents. In such cases, the statutory deadline applies.
13.2 Any claims for damages against OECHSLER INDUSTRIEWERTUNG expire three months after conclusion of the mediated purchase contract. This does not apply to claims for injury to life, limb or health that are based on an at least negligent breach of duty by OECHSLER INDUSTRIEWERTUNG, its legal representative or vicarious agent. Likewise excluded from the shortening of the limitation period in accordance with sentence 1 are claims for other damages that are based on at least a grossly negligent breach of duty by OECHSLER INDUSTRIEWERTUNG or its vicarious agents. In such cases, the statutory deadline applies.
14. Retention of Title
Ownership of the auctioned items is only transferred to the buyer after full payment of all due claims from the business relationship with the seller.
15. Power of Attorney to Make Declarations and Receipts, Direct Debit Authorization
15.1 OECHSLER INDUSTRIEWERTUNG is comprehensively authorized by the seller with regard to the sales contracts initiated and concluded on the basis of these conditions. In particular, OECHSLER INDUSTRIEWERTUNG is authorized to make and receive all declarations that are to be made in connection with these sales contracts. This power of attorney is valid until the buyer has been informed of the contrary in writing.
15.2 The buyer acknowledges and agrees that OECHSLER INDUSTRIEWERTUNG is entitled to collect all claims of the seller, which result from the sales contracts initiated or concluded on the basis of these conditions or arise in connection with them, in its own name for the account of the seller and to assert them in court close.
16. Governing Law, Jurisdiction
16.1 The parties agree that the entire contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
16.2 If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all obligations arising from the purchase contract or in connection with the purchase contract is Philippsburg, in the case of local court jurisdiction the district court of Philippsburg.