TERMS & CONDITIONS AUCTION

der Firma GGA P. Länger e.U.

Inh. Peter Länger, BA.

Firmenbuch-Nr.: FN 489819y

Sackgasse 5, A-2244 Spannberg

Tel.: +43 / 2538 / 85718

info@gungarage-austria.at

1.Authorization

(1) GGA P. Länger e.U. (hereinafter referred to as GGA) is authorized to trade in civilian weapons and civilian ammunition, to trade in military weapons and military ammunition, and conducts auctions of movable property in accordance with the provisions of the Trade Regulation Act as amended. It accepts orders for sale by auction according to these terms and conditions, unless otherwise agreed. Mandatory legal regulations, particularly those related to consumer protection, remain unaffected. Conflicting terms and conditions of the contracting partners are not the basis of the contract and are invalid.

(2) The auction may be conducted in GGA's own name, as a commission agent, or by mediation, either inside or outside the business premises, on the internet, or using any other distribution medium.

(3) In the context of the auction, the sale of goods occurs both through public announcements via the internet and through a written invitation to prospective buyers to submit a bid in a specified numerical amount within the deadline set by GGA. During this period, bidders will not have knowledge of the bids made by other bidders, and the purchase contract will be concluded with the highest bidder. These are, in any case, public auctions.

2.Acceptance of Items / Proof Testing

(1) Movable items of all kinds will be accepted for auction, provided that their sale is legally permissible. Items that raise suspicion of being stolen, embezzled, or smuggled will not be accepted.

(2) Low-value accessories for submitted weapons, such as slings, ammunition, and packaging, will not be specifically recorded during the acceptance for auction. GGA reserves the right to dispose of or otherwise utilize these low-value accessories. This does not apply to value-enhancing accessories, such as original packaging.

(3) GGA is entitled to refuse the acceptance of items without providing reasons.

(4) For viewings of items ready for acceptance in Vienna and Lower Austria (districts of Gänserndorf, Mistelbach, and Korneuburg), a fee of 50 EUR will be incurred if the items discussed for viewing are not fully released for acceptance. Other federal states (locations) will be agreed upon individually.

(5) The seller agrees to accept any future defects that were not visible at the time of acceptance or were only noticed through an inspection as given and will not hold GGA harmless. The agreed-upon starting price is only valid if the item is fully functional and free of defects, except for antique items.

(6) Weapons will be tested for a currently valid proof mark and, if necessary, subjected to a proof testing at the buyer's expense, or offered as collector's items without a valid proof.

(7) If the items accepted for auction are firearms classified as categories B or C under weapon law, a processing fee (firearm processing fee) may apply per weapon according to the fee schedule. This fee covers the necessary legal processing required by GGA on the part of the consignor (e.g., relief in the Central Firearms Register, registration in the commercial firearms book, etc.). The firearm processing fee is payable immediately upon submission and is non-refundable in the event of withdrawal. If the item remains unsold, a fee for the (re)registration in the Central Firearms Register will be charged upon return to the consignor, in the case of category C.

3.Data Protection / Data Changes

(1) GGA will not disclose personal data without the consent of the affected individual, unless there is a legal obligation to provide information or if claims on the auction item are made by a third party. If credible claims regarding the auction item are made by a third party for any reason, GGA is entitled to disclose to that third party: a) the data related to a judicial deposit that has occurred or is intended in connection with these terms and conditions and § 1425 of the Austrian Civil Code (ABGB), and/or b) the personal details (name, address, phone number, etc.) of the consignor of the affected item.

(2) GGA is entitled to collect, process, store, and use the data provided by the consignor for accounting purposes as well as for internal market research and marketing purposes. This data will be used by GGA to fulfill legal obligations, to process payment transactions, and for advertising purposes. The consignor further agrees to the transfer of data to GGA's partner companies—such as currently "Arctic Support AB"—which may use this data for the aforementioned purposes. The consignor explicitly agrees to receive promotional material from GGA. These consents can be revoked at any time in writing or via email.

(3) Anyone who provides incorrect information regarding their name, address, phone number, or email address, or fails to notify GGA of later changes, will bear any resulting damage themselves or compensate GGA. Deliveries to the last address provided to GGA are also considered effective, even if the consignor does not or no longer resides at that address and the new address cannot be reasonably determined.

(4) Given that GGA facilitates the sale of the contractual item and does not become the contracting party of the buyer, we are permitted, especially in the case of complaints, to disclose the identity of the seller to the buyer.

4.Auction Order (Receipt of Acceptance)

(1) GGA will create a list of the accepted items upon handover, unless a different listing arrangement is agreed upon. After the handover, the consignor will receive a copy of the auction order as a receipt of acceptance. By accepting the receipt, the consignor agrees to the auction conditions at the latest. If no agreement is reached on the starting price during the handover, the auction order will only be considered a receipt for the completed handover.

(2) The payment of the sale proceeds, the cancellation of the auction order, and the return of unsold items will occur upon verification of the consignor's identity. However, if a receipt of acceptance has been issued, any action regarding the item or the sale proceeds can only be taken upon presentation of this document. GGA may also require written proof of the consignor's authority to dispose of the item from the bearer of the receipt in case of justified concerns.

(3) In the event of loss of the receipt, GGA may make its services contingent upon the judicial nullification of the receipt.

5.Rejected Items

(1) Items that are handed over or sent to GGA for auction but are refused for acceptance will be stored at the cost and risk of the consignor, along with items that are not sold due to a termination under § 9 (2). If such items are not collected by the consignor within 14 days after a request, GGA is entitled to return them at the consignor's cost and risk, store them with third parties, or deposit them with the court. Items whose storage, shipping, or deposit is not economically feasible may be destroyed. If the return of items is legally, morally, ethically, socially, or politically impossible or unreasonable for GGA, the request for collection may be waived before the court deposit.

(2) GGA reserves the right to withdraw any item from the auction for important reasons until the bid is awarded.

6.Estimation / Description / Price Determination

The experts at GGA describe the auction items in their own name and on behalf of the consignors with the utmost care and diligence, and accordingly accept the starting prices. This description is based on the subjective beliefs of the experts. Their statements, even if made prior to an auction order, do not constitute a guarantee of a specific property or value. GGA assumes no liability for statements made in this context, especially not under the standards of §§1299f ABGB. GGA is liable to consignors who are consumers only for damages arising from inaccuracies in its price determinations or descriptions in cases of gross negligence or intent. In all other cases, GGA's liability is excluded. If the description and/or price determination is not made by GGA, but by the consignor themselves or by external experts or appraisers, GGA assumes no liability whatsoever.

7.Consent of the Consignor

(1) The consignor may expressly reserve the right to determine the starting prices, descriptions, or other auction modalities, such as the type, location, or date of the auction, or to reduce the starting price or seller's reserve until the end of the second working day after the order is placed. Notwithstanding any reservation of consent, GGA is entitled to change the description at any time for good cause.

(2) It may be agreed with the consignor that an item will not be sold below a minimum price (seller's reserve).

(3) The consignor agrees that photographs of their consigned items may be taken and published. The rights to these images are held by GGA.

8.Reduction of Starting Prices and Seller's Reserves / Modification of Agreements

(1) The description or other auction modalities, such as type, location, or date, may be changed by GGA unless the consignor has reserved consent for such changes.

(2) If the consignor has reserved the right to determine or reduce the starting prices or seller's reserves, or to change the descriptions or other auction modalities, GGA will send them a list of the consigned items along with the proposed or reduced starting prices or seller's reserves, or with the modified descriptions or other auction modalities, via registered mail or email (to the address or email provided by the consignor).

(3) The consignor has the right to raise objections against the description, starting prices, seller's reserves, or other auction modalities, for which they have reserved consent, within 10 days after the takeover. If they raise such objections in a timely manner, they simultaneously commit to withdrawing and collecting the items they consigned against payment of the agreed fees. If the consignor fails to comply with this obligation in a timely manner, GGA may auction the items without further notice at the modified prices or conditions.

9.Withdrawal of Items / Termination

(1) The consignor may withdraw the items up to forty-eight hours before the start of the auction upon payment of the agreed withdrawal fees according to paragraph 4.

(2) GGA may terminate the contractual relationship for good cause with immediate effect in writing, verbally, by phone, or via electronic notification. Good cause exists, in particular, if: a) the consignor fails to provide GGA with instructions for further business processing despite requests, b) the consignor fails to provide securities for liabilities or to make appropriate enhancements to the securities despite requests, c) the execution of the auction becomes impossible or unreasonable for GGA for legal, moral, ethical, social, or business reasons, d) reasons for rejection as defined in § 2 arise afterward, e) there are doubts about the required authority of the consignor, or f) the consignor has made false statements regarding their identity, the auction object, or its origin, as well as any other business-relevant circumstances.

(3) In the event of termination according to paragraph 2, GGA is entitled to charge the agreed withdrawal fees, except in case (c).

(4) If the goods are withdrawn by the consignor before the auction begins, a processing fee equal to the current consignor commission, calculated from the starting price, but at least 50 EUR (including VAT) per listed item, will apply and must be paid immediately upon collection.

(5) If the consignor does not collect the subject matter of the contract within three years after being requested to do so in our business premises, we reserve the right to act in accordance with § 389 UGB in conjunction with § 373 UGB.

10.Unsold and Withdrawn Items

(1) After the auction has concluded, GGA reserves the right to automatically offer unsold items for resale (at the starting price) or to take over the goods for mediation. GGA is entitled to return items that could not be sold under the agreed, changed, or reduced conditions and that the consignor did not collect within the allotted time, despite a request, as well as items that were already withdrawn against payment of the agreed fees but were not collected despite a request. These will be returned to the consignor at their cost and risk, stored at their cost and risk, or deposited in court. Items whose valuation, storage, shipment, or deposit is uneconomical may be destroyed.

(2) If an item consigned to auction cannot be sold at the agreed starting price, the consignor may either withdraw it without incurring a fee, except for the fees mentioned in paragraph 1 or those related to firearms regulations and any transport costs, or an agreement can be reached with GGA to reduce the starting price by 30% to 50%, allowing the item to be re-auctioned. If a consignor does not respond within 2 weeks to the last of two verifiable inquiries from GGA regarding the unsold item, the company is entitled, without prejudice to the provisions of paragraph 1, to re-auction the item at a reduced starting price of 50%, with the option to change the type of auction and thus the amount of the seller's commission.

11.Lien Against the Consignor

(1) GGA asserts a lien on all items handed over by the consignor in favor of all current and future, conditional, temporary, and yet-to-be-due claims arising from all legal transactions concluded with the consignor. The lien also extends to compensation claims, including the costs of legal representation. GGA is entitled to value items subject to a lien without further notice regarding the auction date or location in accordance with legal provisions.

(2) GGA is entitled to require the consignor at any time to provide or adequately enhance securities for all liabilities, even if these are conditional, temporary, or not yet due.

12.Exhibition / Property Assurance / Condition Report / Use of Photographs

(1) The choice or change of the auction date, type of auction, location and date of the exhibition, as well as the selection of the necessary means of transport, and the release, design, or modification of auction catalogs or other promotional materials are left to GGA's discretion.

(2) The viewing of items intended for auction is possible within the timeframe specified in the catalog or on GGA's website. The auction items are displayed physically and/or with technical/electronic means. During the viewing and the auction, utmost caution is recommended, as each visitor is fully liable for any damage they cause. Each potential buyer is given the opportunity to examine the condition and quality of these items within the limits of possibility. GGA is also entitled to present the items in a branch or representation of GGA or at a company closely associated with GGA, both domestically and internationally.

(3) The descriptions of the offered items published in the auction catalogs and on GGA's website, as well as statements made orally or in a requested condition report (see paragraph 4), do not constitute property assurances. The items for auction are used and subject to differential taxation. Some items may be new or used goods from third countries, which are fully taxable (see fee schedule). All items can be inspected and checked during the exhibition. Dismantling, e.g., of firearms, is only permitted with GGA's consent. The auction of items takes place in their current condition, with GGA assuming no liability for visible or hidden defects, unless there is intent or gross negligence on the part of their experts. After the hammer falls, defects or other complaints can no longer be considered. Bidders who still have complaints regarding an auctioned item must address these to the consignor. In such cases, GGA is entitled to disclose the identity of the consignor to the buyer.

(4) Potential buyers may request a paid condition report before the auction. If GGA forwards condition reports from third-party experts, any liability for the accuracy of these reports is excluded.

(5) The starting price is specified in the descriptions.

(6) GGA produces promotional materials (catalogs, directories, brochures, etc.) for certain auctions, which include all or some of the items to be auctioned. In case of doubt, only the text in the online catalog on our website is considered binding, not the text in other media published by GGA. The binding identification of an item is made exclusively through the description text and not through the images.

(7) The items to be auctioned are presented physically or with visual technical/electronic aids during the auction, or reference is made to the exhibition location.

(8) GGA reserves the right to use, reproduce, and distribute photographs made of the items consigned for any purpose, particularly for the general promotion of GGA's business activities.

13.Bidding / Bids

(1) GGA reserves the right to reject bids without providing reasons.

(2) Bids can be placed before the auction begins in writing (personally at our premises, via letter, email) using the bidding form provided by GGA or as an online bid through our website. Such written purchase orders must be received by the auctioneer by 6:00 PM on the day before the auction in legible form (online until the auction ends). To be considered, they must also include the exact address of the bidder and the maximum bid in EUR. The prices specified are considered maximum bids for the hammer price, and the buyer's premium will be charged in addition if the bid is successful. We execute written bids diligently, ensuring that the written maximum bid is only fully utilized if other written bids necessitate it in the bidder's interest.

(3) By placing their bid, the bidder confirms that they have inspected the item before the auction and have verified its conformity with the description. The bidder is bound by their bid until the end of the third business day after the auction day. By submitting a written purchase order or an online bid, each bidder expressly acknowledges these general terms and conditions of GGA. These terms also apply accordingly to post-auction sales.

(4) In case of claims arising from incorrect translations, the German text of the auction conditions on GGA's website is valid.

(5) Bids and personal data of bidders and consignors are treated confidentially by GGA and will not be disclosed to third parties, except in the cases mentioned in these terms.

(6) Bidding typically increases by €5.00 of the starting price or the last offer (bid increment). See the table at the end of these terms. Offers below the starting price will not be considered. The starting price is generally the price listed in the catalog, unless there are several higher written bids. In this case, the auction system will call out the amount that is one bid increment above the second-highest written bid for the benefit of the highest bidder. If there are multiple identical highest written bids, the first one received will prevail. The accepted bid is the net purchase price. The contract is concluded by the acceptance of the highest bid (highest bid). In purely online auctions, the acceptance is granted to the highest bidder at the end of the auction, unless these general terms provide otherwise. If the minimum price agreed with the consignor (seller's reservation) is not reached, no acceptance will be granted. If only one bid is made at the auction, that bidder receives the acceptance at the starting price. The acceptance can be made contingent upon certain conditions.

(7) The decision on the acceptance of a bid, in cases of disputes, alleged multiple bids, if a bid was overlooked or not acknowledged, or otherwise disregarded, or if the auctioneer was in error regarding the existence or non-existence of a bid, lies exclusively with GGA. For these reasons, GGA is entitled to revoke an already granted acceptance within 3 business days and re-offer the item in a later auction.

(8) GGA is entitled to bid at auctions and acquire items through self-entry.

(9) Unsold items can be sold in the post-auction sale at the last starting price or seller's reservation, collecting the current fees applicable in the auction.

(10) Unsold lots can be called again at the request of the client before or immediately after the end of the current auction. However, there is no legal claim that a re-call will actually take place. The decision lies solely with the auctioneer.

(11) Once a bidder has submitted a bid in any form, they agree to be informed about the auction proceedings via email, SMS, or other suitable means by GGA. If such notifications are not desired, the affected party can unsubscribe from this service at any time with GGA.

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14.Purchase Price / Payment / Transfer of Ownership / Shipping

(1) The purchase price (highest bid plus fees and all applicable taxes and charges) is due immediately after the acceptance of the bid. GGA is entitled to defer the payment of the purchase price, in whole or in part, for economic reasons. If a deferral is denied, the acceptance can also be revoked later, and the item can be re-offered in a subsequent auction. Upon revocation of the acceptance, GGA is also entitled to award the acceptance retroactively to the second highest bidder at their last bid. Partial payments for one or more auctioned items may be credited by GGA against any claim it has against the buyer for any legal reason.

(2) The delivery and transfer of ownership of the auctioned items will occur only after the complete payment of the purchase price, including all interest, fees, costs, and expenses.

(3) The buyer may only offset claims against GGA and/or the seller with those counterclaims related to their liability that have been legally established or expressly acknowledged by GGA or the seller.

(4) A right to withhold the purchase price due to claims of the buyer arising from a different transaction with GGA or the seller is excluded.

(5) The buyer is liable for the complete and timely payment of the purchase price after the acceptance, even if they subsequently inform GGA that they bid on behalf of a third party. If GGA issues an invoice to the named third party at the buyer's request, GGA thereby exclusively accepts a simple (additional) obligation to fulfill by the named third party, without granting them further rights, particularly claims for offsetting or withholding, while maintaining the buyer’s full liability.

(6) If accessories, with a common value not exceeding €100, are not transferred together with the main item due to no fault of GGA and remain in storage, they will be forfeited in favor of GGA if not picked up within 6 months. For accessories of higher value, the provisions of § 18 Abs. 2 in conjunction with the fee schedule apply, whereby the storage fee is calculated at 50% of the highest bid for the respective lot.

(7) According to Austrian trade law, the mail-order sale of weapons and ammunition (to the end customer) is prohibited. However, it is possible to ship the purchased goods to an agreeing licensed firearms dealer or gunsmith, and to take possession from them. Any costs for this service must be agreed upon by the customer with that trader. The shipping costs to this trader must be paid by the buyer to GGA. Any shipping will occur at the buyer's expense and risk. Shipping of ammunition is not possible either within Austria or abroad.

(8) For any shipping or necessary export (third countries) or transport permits (EU states) commissioned from GGA, additional costs will arise. These are costs as defined in paragraph 2. A breakdown of shipping and permit costs can be found on our homepage.

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15.Acquisition and Personal Transport of Firearms

(1) The acquisition of firearms is subject to the Austrian Weapons Act in its currently valid version. This also applies to the transfer to EU countries. For export to non-EU countries (third countries), the provisions of the Austrian Foreign Trade Act in its currently valid version apply.

(2) When personally transporting firearms (e.g., bringing them to auctions, picking up purchased firearms), it is important to ensure that they are transported in a closed container, such as a rifle bag or case, or a pistol holster or case. A locking mechanism is not required. Wrapping the firearm in a blanket or packing paper, or carrying it in a nylon bag, is not sufficient and may be considered unauthorized carrying of a weapon under § 7 of the Weapons Act 1996, along with its penal provisions.

(3) According to § 33 Abs. 1 of the Weapons Act 1996, the buyer is responsible for reporting to the Central Weapons Register (ZWR) within six weeks. Therefore, GGA does not carry out this notification independently but will do so only upon request from the customer for the designated fee (see fee schedule point 8).

16.Lien Against the Buyer

GGA asserts a lien on all items of the buyer, regardless of whether the buyer acquired them in an auction or through another sale, or whether these items came into GGA's possession in some other way. This lien serves to secure all current and future claims, including conditional, limited, and not yet due claims that GGA has from all legal transactions concluded with the buyer. The lien also extends to claims for damages, including the costs of legal representation.

17.Fulfillment / Withdrawal from the Contract / Cover Sale

(1) If the buyer fails to fulfill their obligations under the purchase contract and these terms and conditions, either partially or completely, within 14 days of receiving the relevant documentation, GGA is entitled, without prejudice to any other rights, to:

1. Either insist on the fulfillment of the purchase contract and hold the buyer liable for the payment of the purchase price along with all interest, costs, and expenses, including legal representation costs to enforce the fulfillment of the purchase contract; or
2. Withdraw from the purchase contract. In this case, GGA reserves the right, on behalf of itself and/or the seller, to demand from the buyer compensation for all damages incurred as a result of a cover sale, particularly arising from fees, expenses, and losses from lower purchase prices, including all costs and expenses as well as legal representation costs, etc.; or
3. Re-auction the item at the buyer's expense.

(2) GGA is entitled to offset all payments made by the buyer against these outstanding claims. In the case of a consignment sale, GGA is entitled to assign these claims to the seller in accordance with the statutory commission provisions. In the event of a cover sale or re-auction on behalf of the buyer by GGA, the buyer will be treated concerning the applicable fees as a seller.

18.Acceptance / Transfer of Risk / Shipment / Re-Auction of Uncollected Items

(1) Auctioned items must be paid for and accepted immediately. They are stored at the buyer's risk from the moment of the auction until acceptance. Packaging and all shipping are solely at the buyer's risk and expense.

(2) If auctioned items are not collected by the buyer or a freight carrier/forwarder appointed by them within four weeks of the auction date, GGA is entitled to charge storage fees or to store the items at the buyer's cost and risk with a storage provider. If the buyer or their appointed freight carrier/forwarder does not collect the items within 90 days of the auction date, GGA is entitled to re-auction the purchased item at the sole cost and risk of the buyer. In this case, the defaulting buyer will be treated regarding fees as a seller.

19.Endangered Species According to the Washington Convention (CITES)

(1) Items made from or containing components of endangered species (e.g., ivory grips on handguns) that were manufactured before 1947 are considered antiques and can be traded within the EU without a marketing exemption document. For export to non-EU countries, a specific export permit is required.

(2) Such permits or other authorizations under the Washington Convention can be requested from GGA by the buyer at the Federal Ministry for Agriculture, Forestry, Environment, and Water Management. However, one should anticipate a lengthy process and high costs associated with the approval procedure.

20.Compensation / Insurance

(1) GGA and those for whom it would be liable without the disclaimer cannot be held liable for damages caused by slight negligence, and are not liable to entrepreneurs for simple gross negligence. GGA assumes no liability for damages caused by natural events or force majeure, for damages resulting from prolonged storage, as well as for damages due to termination in accordance with § 9 para. 2 or for lost profits. GGA is liable to the buyer of an item for loss or damage caused by gross negligence, but only in cases of at least gross negligence of its employees up to the amount of the paid purchase price (insurance value to the buyer), and to the seller up to the insurance value. The insurance value is the seller's reserve, or 120% of the starting price if no seller's reserve has been agreed upon.

(2) Liability under paragraph 1 exists towards the seller from the time of acceptance of the item until the auction hammer falls. For unsold items, GGA is liable to the seller until the item is withdrawn, but no longer than the expiration of the periods specified in §§ 5 and 11.

(3) In the case of liability for compensation, in the event of loss of the item, the paid purchase price or the insurance value will be reimbursed; in the case of damage, the reduction in value, but not exceeding the insurance value. In this case, the seller will be placed as if the item had been auctioned at a bid corresponding to the insurance value. If GGA compensates for an item at its insurance value, it will then become the property of GGA.

(4) For any damages during delivery, interim storage, or viewing, GGA can only accept liability for intent or gross negligence.

(5) GGA insures the items entrusted to it at the insurance value against fire, burglary, and, where applicable, against transport damage. If compensation is received by GGA from these insurances, it will be used for proportional compensation of the affected parties, even if GGA should not be liable for such damages.

21.Payment of Proceeds

(1) After the entire purchase price has been received by GGA, a credit note will be issued by GGA, minus taxes, seller and buyer fees, any costs, advances, and interest, which will be sent to the respective seller by post or email. The seller can have the credited amount transferred to a bank account that they disclose or that is already known to GGA at their own expense, or have it credited to a customer account, if available or to be created. Cash payments are not possible.

(2) If multiple items were submitted, partial payments for individual, already sold items will be credited according to the previous paragraph, provided there is still sufficient coverage for all claims of GGA, for whatever legal reason.

(3) If the buyer raises a complaint, GGA is entitled to temporarily suspend payment to the seller until the complaint is finally resolved.

(4) In the event of a valid complaint from the buyer, GGA is entitled to refuse the payment of the auction proceeds to the seller, either entirely or partially, or to reclaim any auction proceeds already paid out, either entirely or partially.

(5) The credit note according to paragraph 1 includes a statement of account. GGA is not obliged to disclose the buyer's identity to the seller. GGA assumes no liability for the collectibility of the purchase price, even in commission sales, even if the buyer is not disclosed to the seller in the execution notice. Likewise, the non-disclosure of the buyer's information does not constitute a self-entry by GGA.

22.Fees / Charges / Expense Reimbursement

(1) The type and amount of fees, as well as the regulations regarding their collection, are specified in a fee schedule, which is published by notice in GGA's business premises. The fee schedule forms part of these general terms and conditions.

(2) All expenses arising in connection with a business transaction, such as postage, freight and storage costs, legal fees, advertising costs, etc., are generally to be reimbursed to GGA by either the seller or the buyer according to the principle of causation.

23.Purchase Orders

(1) GGA is entitled to accept written or emailed purchase orders free of charge as a service or for a fee. GGA will bid on behalf of the client at the auction up to their purchase limit. GGA reserves the right to refuse the acceptance of purchase orders without stating reasons or to disregard received purchase orders. In this context, GGA assumes no liability for the flawless execution of purchase orders. In the case of paid purchase orders, GGA’s liability is limited to damages to consumers arising from gross negligence or intentional misconduct, and for entrepreneurs only in cases of gross negligence or intentional misconduct. Claims for consequential damages and lost profits are excluded.

(2) Purchase orders that do not clearly specify the item or auction or do not contain a numerically defined purchase limit will generally not be accepted.

(3) Purchase orders with equal purchase limits will generally be prioritized based on the order in which they were received.

24.Place of Performance / Applicable Law / Jurisdiction

(1) The place of performance is the registered office of GGA, where the respective legal transaction was concluded.

(2) All arising legal disputes are subject exclusively to Austrian law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

(3) The agreed jurisdiction for all disputes arising directly or indirectly from an auction transaction is exclusively the competent Austrian court for 2244 Spannberg, both locally and materially. For consumers as defined by the Consumer Protection Act, this agreement only applies if they do not have a residence or habitual abode in Austria and are not employed domestically, provided that no other regulations oppose this.

25.Fee Schedule

1a. The buyer's fees for items subject to differential taxation in the auction amount to 28% of the hammer price per item. These 28% include a 23.33% commission plus 20% VAT.

1b. New goods or imported goods from non-EU countries are fully taxable in Austria. This means that the buyer's fee for these fully taxable items in the auction amounts to 48% of the hammer price per item. These 48% include a 28% commission including VAT (see above 1a.) and 20% VAT on the hammer price. This regulation excludes VAT-exempt buyers from non-EU countries and buyers from other EU member states with a valid VAT ID number (traders).

1. Storage Fee
   4 weeks from the request per started month on the seller/buyer side: 1% (of the starting price or hammer price).
2. Interest
   Default interest of 5% above the respective discount rate of the Austrian National Bank.
3. Seller's Fees for Auction (Consignor's Commission)
   24% of the hammer price per item.
4. Withdrawal Fee
   Equivalent to the amount of the consignor's commission, but at least €50 (including VAT).
5. Transport/Export Fees, Insurance
   According to separate agreement.
6. Weapon Processing Fee
   €25 per submitted firearm in categories B-C.
7. Fees for Notifications in the Central Firearms Register (ZWR)
   Registration €10; per weapon in category C.
8. Fee for a CITES Permit
   €280.

26.Bidding Increments (Bid Steps) for Auctions in Euros

€5.00