Terms and Conditions

General Terms and Conditions for Lagerwerk Auctions

  1. Legal Relationships
  2. Personal Scope, Registration or Application and Exclusion 
  3. Bidding Procedure, Conclusion of Contract and Third-Party Rights
  4. Collection and Transfer of Risk
  5. Payment of Purchase Price and Buyers Premium
  6. Special features for (highest) bidders from EU States and non-EU States
  7. Set-off and Retention of Title
  8. Warranty Claims
  9. Liability
10. Choice of Law and Place of Jurisdiction

Status: 05.10.2020

1. Legal Relationships

(1)  Lagerwerk GmbH (hereinafter referred to as Lagerwerk) sells used assets via its online auction platform in its own name and for principal in accordance with these online auction terms and conditions (hereinafter also referred to as "GTC"). 

(2) The following GTCs govern the legal relationship between Lagerwerk or the principal and the persons who acquire items at online auctions (hereinafter: "bidders").

(3) If Lagerwerk has been commissioned with the sale of assets by a third party, Lagerwerk shall only act as an intermediary and not itself as the seller of the assets (sale on behalf of the client). The legal relationship regarding the acquisition of objects shall then be directly between the principal and the bidder.  

(4) In case of sale on account of the client, the general terms and conditions of the principal shall apply additionally. The General Terms and Conditions of the principal will be shown separately by Lagerwerk in the respective listing at www.lagerwerk.auction. If provisions of the general terms and conditions of the principal conflict with those of Lagerwerk, the general terms and conditions of Lagerwerk shall prevail. 

2. Personal Scope, Registration or Application and Exclusion

(1) Only enterprises within the meaning of § 14 BGB, legal entities under public law and special funds under public law within the meaning of § 310 para. 1, p. 1 BGB are entitled to participate in the online auctions by submitting bids. 

(2) Prerequisite for participation in online auctions is the prior registration of the bidder on the online auction platform at Lagerwerk. For this purpose, the bidder must provide the data required by Lagerwerk completely and correctly. The registration must be carried out by an authorized natural person, who must be indicated by name. 

(3) When registering for the first time, a secure password in accordance with Lagerwerk's specifications, the name (company), a serviceable invoice address (not a post office box) and a valid e-mail address permanently assigned to the bidder must be provided. In addition, if applicable, the corporate representatives as well as the VAT identification number of the bidder shall be indicated. After successful registration the bidder will be notified accordingly and via e-mail using a system-generated customer number ("Account"). 

(4) In order to verify the data required for registration, Lagerwerk shall be entitled to have the data substantiated by the bidder at his own expense by sending a copy of an extract from the commercial register or an official trade licence. 

(5) All data of the bidder will be stored and used exclusively for the processing of legal transactions through the online platform and for the purpose of operating the online platform and for auction announcements, e.g. via information newsletter.  

(6) If the data provided during registration changes, the participating person is obliged to update the aforementioned information immediately in the personal area of the online platform. 

(7) The e-mail address and password are required for each login. 

(8) The bidder undertakes to ensure that no unauthorized third parties gain knowledge of his email and password. If this is nevertheless the case or if the bidder has corresponding indications for this, the bidder is obliged to inform Lagerwerk of these indications immediately. 

(9) If the bidder violates the provisions of these GTC, - this includes in particular a violation of his duties of care and secrecy in handling the access data - Lagerwerk is entitled to exclude the bidder from further use of the internet portal with immediate effect by blocking his existing account and by blocking accounts by possible new registrations without consent. 

(10) Affected bidders will be informed of any exclusion by e-mail. After an account has been blocked, the bidder is only entitled to re-register on the Internet portal with the prior consent of Lagerwerk by e-mail. 

3. Bidding Procedure, Conclusion of Contract and Third-Party Rights  

(1) The online auction begins for each item with a starting price fixed in the listing ("starting bid"). The bid must be increased at least in increments depending on the minimum bid. Possible increments of increase are automatically displayed by means of three "quick bid buttons". By clicking on these buttons, the bidder can place a bid in the amount of the next displayed bid increments without having to enter amounts directly. In addition, a bid can be placed that exceeds the amount required for the current highest bid. A bidding agent is made available which automatically increases the bid of the bidder within the given limits step by step until the bidder is the highest bidder again. However, as long as the bid is below the reserve price, the bidding agent will bid the amount of your maximum bid. The bidder is bound to his bid unless his bid is outbid. 

(2) Bids must be submitted within the period of time stated in the listing for the respective online auction. The system time clock of Lagerwerk's EDP system is decisive for determining the term of validity. If a bid exceeding the previous bids is placed within less than 3 minutes before the closing time of the lot, the closing time is extendedly 3 minutes. This is repeated until no higher bids are received within a period of 3 minutes. 

(3) Bids can only be placed by registered persons. The submission of bids by means of automated data processing processes not authorized by Lagerwerk (e.g. so-called "sniper" programs) is not permitted. It is forbidden to use mechanisms, software or other routines in connection with the use of the online auctions which may impair or destroy the functionality of the computer system. Lagerwerk reserves the right to report violations to the criminal prosecution authorities and to claim damages. 

(4) The bidder who has submitted the highest bid at the end of the online auction shall be awarded the contract, unless the bid falls below the minimum amount specified by Lagerwerk in the advertisement ("minimum price"). In addition, Lagerwerk shall notify the (highest) bidder by means of a confirmation of acceptance of the bid by e-mail about the agreement that has come about in this respect ("virtual acceptance of the bid"). 

(5) If the highest bid is below the minimum price indicated by Lagerwerk, no contract of sale is concluded. 

(6) Lagerwerk reserves the right to change the numerical sequence indicated in the online auction catalogue, to combine items or withdraw them. Possible reasons for this may be that during the auction a total sale of all items/lots to one buyer is made by a total bid or if, for example, it becomes apparent during the auction that the items are not free of third-party rights. 

4. Collection and Transfer of Risk 

(1) Lagerwerk GmbH (hereinafter referred to as Lagerwerk) sells used assets via its online auction platform in its own name and for clients in accordance with these online auction terms and conditions. 

(2) The (highest) bidder is obliged to collect the goods within a collection period set by Lagerwerk (debt to be collected). The (highest) bidder shall be responsible for any disassembly of the items which may be necessary for this purpose, taking into account the industrial safety guidelines and applicable industry and company regulations applicable to Lagerwerk and/or the principal. 

(3) The (highest) bidder is obliged to collect the purchased items including the respective accessories. If a (broom-clean) clearance is agreed with the (highest) bidder, the (highest) bidder is obliged to leave the premises/areas affected by the clearance in a proper and clean condition. 

(4) The collection, including any necessary dismantling of the objects, must take place within the specified collection period on working days during the business hours stated in the listing after conclusion of the contract, unless otherwise agreed. 

(5) When collecting and, if necessary, dismantling the items, the (highest) bidder or a third party commissioned by him must present appropriate proof of identity (e.g. identity card) and the collection note or any other previously agreed proof. 

(6) The risk of accidental loss and accidental deterioration of the goods shall pass to the (highest) bidder at the latest upon delivery. If the dispatch of the goods has been agreed in detail, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred upon delivery of the goods to the forwarding agent, the carrier or any other institution designated to carry out the dispatch. 

(7) If the (highest) bidder is in default of acceptance, the principal or Lagerwerk shall be entitled to demand reimbursement of the necessary additional expenses incurred as a result. Lagerwerk and/or the principal shall in particular be entitled to place the items in safe custody at the expense and risk of the (highest) bidder. The principal or Lagerwerk may demand reimbursement of expenses of at least € 150 net per day as well as the actual costs incurred as a result of the non-collection. The (highest) bidder shall be permitted to prove that no or less financial disadvantages have arisen. 

(8) If the goods are not collected within the agreed collection period, the principal or Lagerwerk shall be entitled, after setting a reasonable grace period and its fruitless expiry, to withdraw from the contract - without giving up further rights and claims - and to claim damages, in particular to sell the items in the same way or otherwise. Any shortfall in proceeds and additional costs incurred shall be borne by the defaulting (highest) bidder. 

(9) Lagerwerk reserves the right to exclude defaulting (highest) bidders from future participation by blocking the account. 

5. Payment of Purchase Price and Buyers Premium 

(1) The buyer's premium to be paid by the (highest) bidder in addition to the purchase price is currently 16% of the highest bid, unless another auction buyer's premium has been agreed upon. Statutory value added tax (VAT) shall be charged on the total price, consisting of the purchase price and the buyer's premium, unless otherwise agreed in accordance with paragraph 5. 

(2) The purchase price and the buyer's premium (incl. VAT) are due immediately after confirmation of the agreement by acceptance of the bid and receipt of the invoice, unless otherwise agreed. The invoice contains the payment details (including account details) and will be sent by e-mail. A deduction of a discount is not permitted. 

(3) Lagerwerk is entitled to collect total purchase prices and additional services on behalf of the principal. 

(4) The legal regulations regarding the consequences of default of payment shall apply. Default interest shall be charged at a rate of 9 percentage points above the respective prime rate p.a. We reserve the right to assert further damages caused by default. Otherwise Lagerwerk or the principal shall be entitled to a lump sum of € 40.00 against the (highest) bidder in accordance with § 288 Paragraph 5 BGB. 

(5) If the purchase price is not paid on time, the principal or Lagerwerk shall be entitled, after setting a reasonable period of grace and its fruitless expiry, to withdraw from the contract - without giving up further rights and obligations - and to claim damages, in particular to sell the items in the same way or otherwise. Any shortfall in proceeds and the additional costs incurred shall be borne by the defaulting (highest) bidder. 

(6) Lagerwerk is entitled to exclude defaulting (highest) bidders from future participation by blocking the account. 

6. Special features for (highest) bidders from EU States and non-EU States 

(1) Bidders from EU states and bidders who are not members of the European Union must pay the value added tax as a deposit to Lagerwerk. After timely submission of the duly issued Certificate of Entry, the VAT will be refunded immediately.  

(2) (Highest) bidders from EU countries can only bid free of sales tax if a certified sales tax identification number (VAT) as well as the Certificate of Entry (after delivery) are available to Lagerwerk at latest 10 days after the end of the online auction. 

(3) (Highest) bidders from countries that do not belong to the EU must provide Lagerwerk with the Certificate of Entry required for tax purposes. As long as the proof is not provided, the (highest) bidder is also obliged to pay VAT. 

7. Set-off and Retention of Title 

(1) Offsetting against the claim of Lagerwerk for payment of the purchase price or the buyer's premium (incl. VAT) is only permissible with such (counter-)claims that are not disputed or that have been legally established. 

(2) Ownership of the purchased items shall only pass to the (highest) bidder after full payment of the purchase price plus buyer's premium (incl. VAT) as well as any other claims arising from the business relationship with the (highest) bidder. 

8. Warranty Claims

(1) All items for sale are in used condition, unless otherwise stated in the lot catalogue, and may show considerable signs of usage. There is the opportunity to examine the items personally. The items are sold in the condition in which they were or could have been inspected - even with the involvement of a competent expert. Lagerwerk is not obliged to provide the items free of material defects; a certain condition is neither agreed nor does Lagerwerk guarantee the condition of the items. The warranty by Lagerwerk is excluded. 

(2) Information on the Lagerwerk online platform, in sales catalogues or in any other form, in particular technical data, dimensions, years of manufacture or quantity specifications are non-binding and have been compiled to the best of the auction house's experts' knowledge and belief. They do not constitute guarantees within the meaning of § 444 BGB or agreements on quality within the meaning of § 434 para. 1 sentence 1 BGB. 

9. Liability 

(1) Lagerwerk shall only be liable for intent and gross negligence as well as for intent and gross negligence of its legal representatives, executives and vicarious agents. Liability for indirect damage and consequential damage, in particular for loss of profit, is excluded. 

(2) Notwithstanding paragraph 1, Lagerwerk shall be liable for simple negligence as well as for simple negligence of its legal representatives, executives and vicarious agents in the event of injury to life, body or health as well as for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those that protect the legal positions of the principal that are essential to the contract and which the contract must specifically grant him according to its content and purpose (cardinal obligations). Further essential are such contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the principal relies. 

(3) Liability for the breach of material contractual obligations shall be limited to the damage that may typically occur in transactions of this kind and that Lagerwerk foresaw or, taking into account the circumstances that it knew or should have known, should have foreseen at the conclusion of the respective contract as a possible consequence of the breach of contract. 

(4) Towards consumers (§ 13 BGB) Lagerwerk is liable without limitation for intent and gross negligence as well as for intent and gross negligence of its legal representatives, executives and vicarious agents and in cases of injury to life, body or health as well as for damages based on the violation of essential contractual obligations. 

(5) Entering the premises where the positions are located for the purpose of inspection or collection is at your own risk.

(6) Lagerwerk is not liable - with the exception of gross negligence - for the permanent availability of its website www.lagerwerk.com or www.lagerwerk.auction and is especially not liable if bids were not considered due to a temporary unavailability caused by the system.

10. Choice of Law and Place of Jurisdiction 

(1) This contract and the entire legal relations between the parties in accordance with No. 1 of these General Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 

(2) The place of performance is the respective location of the objects sold. Place of performance for payments is the registered office of Lagerwerk. 

(3) Place of jurisdiction is Dresden/Germany. 

(4) Lagerwerk and/or the principal contradict any conditions or contract modifying provisions of the contractual partner. Such conditions/provisions shall only become effective if they have been agreed to in writing.