16. Bearing of Risk, Collection, Delivery
16.1 The goods purchased by way of public auction (cf. point A.1.3. of these Terms) are available for collection by the buyer at the place of the auction. Collection is obligatory. The collection deadline is the date on which the statutory deadline of 7 days for payment by the buyer, as from acceptance of the bid, expires; for calculation of the deadline section § 193 of BGB [German Civil Code] applies. At this point in time all risk, particularly the risk of accidental loss of the item, passes to the buyer, unless the auctioned item has already been handed over in return for payment. Any benefits due to Auctionata from insurance taken out against the loss of the goods are made over to the buyer by Auctionata with effect as of the time of passing of risk to the buyer.
16.2 The collection of the goods must be made by the deadline stipulated in point 16.1, unless the parties have reached some other agreement. Collection is only possible after the goods have been paid for. Here the day on which the bank transfer is received on the Auctionata account is determinative. Payment in cash is also possible at the time of collection provided the buyer provides proof of his or her identity. If the buyer sends a representative to collect the goods, he or she must give advance notice - by letter, fax or e-mail - of this intention and the representative must prove his or her identity and have written authorization.
16.3 If the buyer requests that the goods be sent, the time of passing of risk is also the time of expiry of the period granted for payment described in point 16.1. Here, too, the day on which the bank transfer is received on the Auctionata account is determinative. Any benefits due to Auctionata from insurance taken out against the loss of the goods are, in this case too, made over to the buyer by Auctionata with effect as of the time of passing of risk to the buyer.
16.4 If the buyer is a businessman, he must examine the goods immediately on collection or, in the event of sending, immediately after delivery and, if a defect is detected, he must report this to Auctionata immediately. If the buyer fails to do so, the goods are regarded as accepted, unless the defect is such that it could not have been recognized during the examination (section § 377 of HGB [German Commercial Code]). If such a defect is found later, it must be reported immediately after its discovery; otherwise the goods are regarded as accepted, even as regards this defect (section § 377, paragraph 3 of HGB).