Dechow 31511 Metallbearbeitung UK
Dechow 31511 Metallbearbeitung UK
Dechow 31511 Metallbearbeitung UK
www.TroostwijkAuctions.com
Monday 10 February 2020 CNC-Fräszentren und Metallbearbeitung inklusive
Zubehör
Special Terms and Conditions of Auction
Closing date Monday 10 February 2020 starting 14:00 CET
Viewing Thursday 6 February from 09:00 until 15:00 CET
Uetersen
Tornescher Weg 5-7
25436 Uetersen, Germany
Company organising this Online Auktionshaus Wilhelm Dechow GmbH
Auction Kapstadtring 7
22297 Hamburg, Germany
Phone: +49 40 431300770
E-mail: [email protected]
Markup 18.00%
VAT 19.00%
Collection By appointment
Uetersen
Tornescher Weg 5-7
25436 Uetersen, Germany
Information on Pick-Up The Buyer is responsible for the complete dismantling, loading and transport of the
purchased items themself. The auctioneer does not accept any liability unless
otherwise stated. Pickup shall take place solely on the specified date and at the
specified time and address. At pickup, please provide evidence that you are
authorised to pick up the items and that you are authorised to represent the Buyer, if
applicable.
Information on VAT Buyers from Germany must pay VAT. EU buyers that provide their VAT number do
not have to pay VAT. If a buyer does not provide a VAT number or provides a false
VAT number, we must charge the German VAT. This amount will then not be
reimbursed. Buyers from third countries must pay VAT as a security. Upon receipt of
the original properly stamped and valid customs documents verifying the export of
the purchased items, you will be reimbursed for this VAT.
Payment The invoice amount is payable by bank transfer immediately upon receipt of the
invoice. The purchase price shall be paid solely to the escrow account specified on
the invoice.
Extension If a bid is placed on a lot within the last 5 minutes before the closing time for the
auction, the closing time is extended for this lot by 5 minutes.
Combinations All lots in a job lot are auctioned individually at first. The total sum of the bids is then
increased by 10%. This is the starting bid for the job lot. If a bid is placed on the job
lot, the individual bids are superseded. If no bid is placed on the job lot, the
individual bids apply.
Tracking lots After registering and logging in to the website https://www.troostwijkauctions.com, it
is possible to track up to 100 lots per user and auction using the ‘My Troostwijk’
feature.
Conditional Acceptance In selected auctions, lots are auctioned conditionally or reserve prices are set. After
the auction, the consignor is informed of the highest bid. The consignor then
decides whether the lots are sold for the prices offered. Each bidder is informed
whether the bid has actually been accepted within 10 working days of the end of the
online auction. During that time, the Bidder is bound to the bid. If a lot is auctioned
conditionally or if you have not met a reserve price, this is noted underneath the
starting bid.
Lot descriptions The details concerning quantity, capacity, dimensions and weight are provided for
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information purposes only. They do not give rise to any legal rights. While the
information does come from sources which are considered reliable, the sellers and
Troostwijk do not give any guarantee, explicitly or implicitly, of the accuracy of the
information. Bidders are strongly recommended to take advantage of the
opportunity provided to them to inspect the items for sale before placing any bids.
Terms and Conditions of Auction The sales initiated and executed during this auction are subject to the Special Terms
and Conditions of Auction and the General Terms and Conditions of Auction of
Auktionshaus Wilhelm Dechow GmbH.
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Lot Number Description Starting Bid
complete laser cutting system has already been dismantled by certified Mazak personnel
(team is also available for installation and test/operational condition, for further information
please use the contact form); location: 5175 AX Loon op Zand; Dechow-ID: V39008#1;
General conditions Online Auction TroostwijkAuctions.com
GENERAL TERMS AND CONDITIONS OF AUCTION
Auktionshaus Wilhelm Dechow GmbH (hereinafter referred to as ‘DECHOW AUCTIONS’ or the ‘Auctioneer’) sells used goods on behalf and on
account of the consignor through voluntary public online auctions – unless otherwise expressly specified in the Special Terms and Conditions of
Auction for the auction in question – via the website https://www.troostwijkauctions.com. The following terms and conditions govern the legal
relationships between the consignor and/or DECHOW AUCTIONS on the one hand and the buyer or individuals bidding on the items for sale in the
online auctions on the other (hereinafter referred to as the ‘Bidder’ or ‘Buyer’).
These General Terms and Conditions shall apply to all sales initiated or executed by DECHOW AUCTIONS in auctions via the website
https://www.troostwijkauctions.com, whereby the Buyer or Bidder is a natural or legal person or a partnership with legal capacity operating in pursuit
of their commercial or freelance professional activities (entrepreneur as defined in Section 14 of the German Civil Code (BGB)).
The Buyer or Bidder acknowledges the exclusive binding character of these Terms and Conditions; any differing, opposing or supplementary
general terms and conditions of the Bidder are not part of the contractual relationship with the consignor and/or DECHOW AUCTIONS.
The Special Terms and Conditions of Auction included with these General Terms and Conditions of Auction apply solely to the respective online
auction. In the event of differing or contradicting terms, the Special Terms and Conditions of Auction take precedence over the General Terms and
Conditions of Auction.
2.1 The dates of the auctions and bidding rounds shall be published on the website https://www.troostwijkauctions.com and in other generally
accessible publications. Each auction has a fixed duration. DECHOW AUCTIONS reserves the right to shorten or extend this duration. The Buyer
is not permitted to place bids in the same auction/bidding round using a different user account or by engaging the help of a third party. Bids are only
valid if they are placed in line with the procedure prescribed on the website https://www.troostwijkauctions.com. DECHOW AUCTIONS reserves the
right to sell all or individual lots of an auction under a condition set at DECHOW AUCTIONS’ own discretion and announced before the start of the
auction. Furthermore, DECHOW AUCTIONS reserves the right to withdraw offered lots before the start of the auction and decline bids without
specifying a reason; this right exists only until confirmation of acceptance of the bid has been issued as per Point 2.6 of these Terms and
Conditions. DECHOW AUCTIONS reserves the right to close the auction without issuing confirmation of acceptance of the bid (Section 156,
Sentence 2 BGB (2nd alternative)).
2.2 The presentation of the items for sale on the Internet serves only to give potential buyers the opportunity to inform themselves about the
offer. Any images and text descriptions, especially information on technical data, dimensions, manufacturers, years of manufacture or quantities,
are non-binding and constitute neither a legal business offer nor a determination of the quality of the items for sale; in particular, provision of such
information does not constitute acceptance of any quality guarantee. The desired quality of the item for sale is specified much more through its
condition during the course of the offered inspection period. As online presentation of the item for sale is non-binding, it is strongly advised to
inspect the items for sale first before placing a bid.
2.3 DECHOW AUCTIONS sells individual lots or job lots, whereby multiple individual lots are grouped under one auction number. Job lots are
usually offered both as individual lots and as job lots. If a bid or bids are placed for the job lot, the highest job lot bid wins if it is higher than the sum
of the bids or – if no individual bid has been placed for one or more lots – higher than the reserve prices determined by DECHOW AUCTIONS at
its own discretion for the individual lots. If no bid is placed for the job lot or if the highest job lot bid is lower than the sum of the individual bids or – if
no individual bid has been placed for one or more lots – lower than the reserve prices, the highest individual bids win in each case provided the
reserve price has been met.
2.4 By placing a bid, the Bidder is submitting a binding and irrevocable offer to purchase the item presented for sale online. Due to the
special marketing format, the Bidder agrees that the identity and address of the beneficiary shall only be disclosed to it upon conclusion of the
contract.
2.5 The auction is performed as a conventional ‘English auction’ with ascending prices. It starts with a minimum bid for each item. The current
bid must be increased in each case at least in the prescribed increments, which are based on the minimum bid. A bidding agent for placing bids
automatically is optionally available to the Bidder. Once activated by the Bidder, the Bidder’s bid is automatically increased in increments within the
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prescribed framework, until the Bidder once again has the highest bid. The Bidder’s bid becomes invalid when a higher bid from another bidder is
subsequently received (Section 156 Sentence 2 BGB, 2nd alternative). Bids must be placed within the duration specified in the Special Terms and
Conditions of Auction for the respective auction. The auctioneer’s system clock is the only determiner of the closing time which ends the auction in
question. If a higher bid than the current bid is placed less than five minutes before the closing time of the auction, the closing time is pushed
forward so that there are five minutes between the time at which the new highest bid was placed and the time at which the auction ends. This
process repeats until no more higher bids are received within a five-minute period.
2.6 After the auction ends, the auctioneer accepts the highest bidder’s bid with an email confirmation, which constitutes acceptance of the bid
within the meaning of Section 156 Sentence 1 BGB.
2.7 If the highest bid is lower than the reserve price determined by the auctioneer at its own discretion or if the auctioneer has accepted the
bid conditionally for other reasons, a purchase agreement shall only be concluded when the auctioneer declares its intention to sell the item for the
amount of the highest bid or to drop the condition. Sending an invoice for the item for sale to the highest bidder is considered declaring that the
condition has been dropped. If the auctioneer does not declare that the condition has been dropped within ten working days of the end of the
auction, then the bid is considered not accepted.
3.1 In addition to the purchase price, the Buyer must also pay the surcharge specified at the time the bid is placed as well as the VAT incurred
on the surcharge. DECHOW AUCTIONS shall invoice the purchase price for the item for sale on behalf and on account of the consignor, and the
surcharge on behalf and on account of itself.
3.1.1 The statutory VAT applicable to the respective item for sale is charged on the purchase price for the object to buyers from the Federal
Republic of Germany, provided the sale is not subject to differential taxation in accordance with Section 25a of the German value added tax Act
(UStG) or the VAT cannot be specified for the sold item.
3.1.2 Prior to placing a bid, buyers from EU states other than the Federal Republic of Germany must verify to DECHOW AUCTIONS in writing
the valid international VAT number issued to them and provide DECHOW AUCTIONS with a copy of the identification card or passport of their legal
representative or owner. Upon submission of all documents and after successful acceptance of its bid, the Buyer shall receive an invoice that
includes the VAT. If the Buyer brings the purchased item to another EU state outside of the Federal Republic of Germany immediately and sends
DECHOW AUCTIONS a fully and correctly completed entry certificate, the Buyer shall be reimbursed by DECHOW AUCTIONS for the VAT paid.
3.1.3 Buyers from non-EU states (third countries) must pay a security on the purchase price for the item for sale to DECHOW AUCTIONS in the
amount of the relevant VAT rate applicable in the Federal Republic of Germany. This security shall be reimbursed to the Buyer immediately as soon
as it has been verified with certainty that the purchased item has left the EU. To this end, the Buyer must provide DECHOW AUCTIONS with the
original of the completed export declaration with a stamp from the EU border customs agency. Upon receiving the form, the security shall be
reimbursed to the Buyer immediately.
3.2 The purchase price and surcharge shall be due at the time at which the bid is accepted, and in the case of conditional acceptance,
immediately after the condition is dropped. The purchase price shall be paid solely to the escrow account specified on the invoice. Cash payments
amounting to EUR 10,000.00 or more are not accepted, not even if divided into multiple partial payments in connection with one transaction,
whereby the sum of the partial payments reaches a value of EUR 10,000.00.
3.3 The parties of the purchase agreement agree that the invoices from DECHOW AUCTIONS shall only be sent to the invoice recipient in
electronic form, if DECHOW AUCTIONS has been provided with the necessary data. The invoice recipient agrees that they will not receive any
paper invoices unless otherwise agreed. The Buyer receiving the invoice is aware that it must ensure the authenticity of the origin, the accuracy of
the content and the legibility of the invoice in accordance with Section 14 Para. 1 UStG.
3.4 DECHOW AUCTIONS is entitled to collect and file suit for purchase money in its own name on account of the consignor. In the event of
non-payment, DECHOW AUCTIONS is entitled to the rights set out in Point 5.
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3.5 Offsetting payment of the purchase price or withholding the purchase price in lieu of counterclaims is excluded, unless the counterclaims
are not disputed or have been deemed legally enforceable.
4. Pickup, shipment
4.1 Upon payment in full of the total price, DECHOW AUCTIONS authorises the Buyer to pick up the purchased item. DECHOW AUCTIONS
is entitled to decline authorisation to pick up the purchased item, handover of the purchased item and – in the case of vehicle auctions – the
handover of the second part of the registration certificate until the Buyer has met all of its obligations to the seller and DECHOW AUCTIONS, even
if the obligations arise from other sales and/or other legal relationships.
4.2 The purchased item must be picked up by the Buyer from the pickup location indicated by DECHOW AUCTIONS at the pickup times
specified in the Special Terms and Conditions of Auction for the auction in question, but no later than ten days upon receipt of authorisation for
pickup. Picking up the purchased item within the specified time frame is a main contractual obligation of the Buyer. The individual picking up the
item must verify their identity in writing by presenting a valid identification card or passport as well as proof of their authorisation to represent the
Buyer, if applicable.
4.3 The purchased item shall be dismantled and transported away at the cost and risk of the Buyer. During pickup, the instructions given by
employees of DECHOW AUCTIONS must be followed. The Buyer shall be liable for any damage to the property of the seller, the auctioneer or third
parties which occurs during dismantling or transport and for which the Buyer is at fault.
4.4 Individuals enter the premises where items for sale are located in order to inspect or pick up items at their own risk.
4.5 If the purchased item is shipped to another location designated as the pickup location, this shall be done at the request of and in the sole
interest of the Buyer. All activities going beyond the provision of the purchased item for pickup, especially the loading and transport of the item, are
the responsibility of the Buyer, regardless of whether they are performed by DECHOW AUCTIONS or a third party. The Buyer must therefore
consider any fault arising during the performance of these activities as its own fault (Section 278 BGB).
5.1 In the event that the purchase price including secondary services as per Point 3.1 is not paid in full on time or the purchased item is not
picked up on time as per Point 4.1, DECHOW AUCTIONS is entitled to withdraw from the purchase agreement after a reasonable grace period
set for the Buyer and demand compensation for any incurred damages (e.g. loss of revenue). DECHOW AUCTIONS is also entitled to store the
purchased item or have the purchased item stored at the cost of the Buyer.
5.2 Furthermore, after a withdrawal from the purchase agreement due to delay in payment or failure to pick up the purchased item on time, the
Buyer commits to paying the consignor a fixed amount of compensation in the amount of 10% of the purchase price (without VAT, surcharge and
the VAT on the surcharge), unless the Buyer proves that the consignor does not have any damages whatsoever or has damages that are
significantly lower than the fixed fee. DECHOW AUCTIONS is entitled to collect and file suit for this fixed compensation amount in its own name on
account of the consignor.
5.3 The Buyer must still pay the surcharge incurred for DECHOW AUCTIONS’ facilitation service even in the event of withdrawal from the
purchase agreement due to delay in payment or failure to pick up the purchased item on time.
6. Transfer of risk
Upon handover of the purchased item to the Buyer or to a third party designated by them, the risk of spontaneous failure or deterioration shall be
transferred to the Buyer (Section 446 BGB). If the Buyer has not yet taken ownership of the purchased item by the end of the pickup time specified
for the auction in question, the purchased item is considered handed over to the Buyer at the end of the pickup time.
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7. Buyer’s obligation of inspection and complaint
If the purchase is a commercial transaction for both contractual parties within the meaning of the German Commercial Code, the Buyer must
inspect the purchased item immediately upon delivery by the seller or DECHOW AUCTIONS and notify the seller or DECHOW AUCTIONS
immediately if a deviation from the promised quality is discovered. If the Buyer fails to lodge a complaint of an identified deviation from the
promised quality within a regular period of three working days upon delivery or of a previously undiscovered deviation from the promised quality
within a regular period of three working days upon discovery of the defect, the purchased item shall be considered accepted unless the seller or
DECHOW AUCTIONS purposefully fails to point out a defect. The seller or DECHOW AUCTIONS must receive notification of defects within the
specified period in order for complaints to be accepted.
8. Exclusion of warranty
All items are sold as is with the exclusion of any warranty for material or title defects. The exclusion of warranty set out in Sentence 1 does not apply
if the seller has purposefully failed to point out a defect or if a guarantee for the quality of the item for sale has been accepted.
9.1 The items for sale offered in the auction are sold with the exclusion of any liability, except liability for wilful and grossly negligent damages,
damages arising from culpable injury to life, limb or health, and damages arising from culpable breach of an obligation that is significant for the
achievement of the purpose of the contract (cardinal obligation). Apart from liability for wilful intent and culpable injury to life, limb or health,
compensation for damages shall be limited to the foreseeable damages typical for the contract.
9.2 The limitation period for all claims for compensation against the consignor and/or DECHOW AUCTIONS, with the exception of the claims
mentioned in Point 9.1 Sentence 2, shall be one year from the start of the statutory limitation period.
The title to the auctioned items shall only be handed over to the Buyer upon payment in full of all moneys owed from the business relationship with
the seller and with DECHOW AUCTIONS.
11.1 The parties agree that the entire contractual relationship shall be governed by the law of the Federal Republic of Germany, with the
exclusion of the UN convention on the international sale of goods (CISG).
11.2 If the Buyer is a merchant within the meaning of the German Commercial Code, corporate body under public law, or separate entity under
public law, the place of jurisdiction for all obligations arising from the purchase agreement or in connection with the purchase agreement shall be
Hamburg.
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About Us Troostwijk
15 Countries 85 Years
Troostwijk has Troostwijk is conducting
own offices auctions since 1930 and
in 15 European countries has 85 years of experience
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