It is stipulated that Claude Aguttes SAS acts as an agent and solely on behalf
of the seller. The sales agreement for the goods presented for sale at public
auction is entered into exclusively by the seller and the buyer. The relationship
between Claude Aguttes SAS and the buyer is subject to the present general
conditions. On no account may Claude Aguttes SAS be held responsible for
any error made by either the seller or the buyer. The sale will be held strictly
on a cash basis and conducted in Euros. In addition to the hammer price for
the lot, the buyer will pay the following costs:
CARS
• 15% before tax + VAT at the current rate, i.e. 18% including tax up to €500,000
• 12% before tax + VAT at the current rate, i.e. 14.4% including tax over €500,001
• 10% before tax + VAT at the current rate, i.e. 12% including tax over €1,000,001
AUTOMOBILIA :
• 20% before tax + VAT at the current rate, i.e. 24% including tax
SPECIAL CONDITIONS
+ Lots sold during a court-ordered sale following a court ruling: buyers’ fees
of 14.4% including tax
° Lots in which the auction house or one of its partners has a financial interest
* Lots which have been temporarily imported and are subject to a buyer’s fee of
5.5% (20% for jewelry, motorcars, wines and spirits and multiples – F1 helmet)
in addition to the hammer price and sale fees.
# Lots which may be viewed only by appointment
~ Lots made from materials of animal origin. Import restrictions are to be expected.
STORAGE AND DELIVERY AFTER THE SALE
Collection during The Spring Sale 2021: An email will be sent the day after the
sale to each purchaser indicating the contact, the place and the amount to be
paid to recover his vehicle.
Vehicles will be stored on the evening of the sale at 25 kilometers from Paris.
They may be collected from Tuesday following the sale on appointment, after
the hammer price and all fees have been settled.
• Buyers will be charged, in addition to the hammer price and fees, a fixed
sum of €300 before tax covering parking and shipping of the car. Aguttes
SAS will not be liable for any incidents which may occur during the transfer.
• From the Monday 29 of March included, the cost of parking will be €35 +
VAT per day, each day started being due in full, to be paid when the vehicle
is collected.
Neither the auctioneer nor the expert shall be deemed responsible for storage
of the vehicle in any way whatsoever. As soon as the hammer has fallen, the
lot will be the sole responsibility of the successful bidder.
The buyer will be personally responsible for insuring his or her purchases, and
Claude Aguttes SAS declines any responsibility for any damage to the lot which
may occur to these goods, with immediate effect from the hammer falling. The
lots will be delivered to the buyer in person or to a third party designated by
him/her and to whom he/she will have given an original written authorisation
and a copy of his/her proof of identity.
VALUE ADDED TAX (‘TVA’)
The amount of Value Added Tax (‘TVA’) corresponds to the current rate, i.e.
20%, and is included in the hammer price. This tax may be recovered by French
professional buyers and reimbursed to buyers from outside the European Union
(EU) upon presentation of the supporting documentation for export outside
the EU or, for a professional purchaser with an intra-community VAT number, a
document proving delivery in an EU member state.
MISCELLANEOUS
French cars which are more than 75 years old at the time of the sale and with a
value exceeding €50,000 require an ‘export passport’ (‘passeport d’exportation’)
to leave French territory and an export licence to be taken out of Europe. These
procedures will take an additional period of approximately three months for the
‘export passports’ and a further month for the export licences. The buyer will
be personally responsible for insuring his/her purchases with immediate effect
from the time the hammer falls.
GUARANTEES REGARDING THE GOODS FOR AUCTION AND SPECIFIC
PROVISIONS PERTAINING TO CLASSIC CARS
1°/ The sale will follow the order in the catalogue.
2°/ In accordance with the law, the information provided in the catalogue is
the responsibility of Claude Aguttes SAS and its expert, taking into account
any corrections announced when the lot is presented and noted in the record
of the sale. Attributions given are established on the basis of scientific and
artistic knowledge at the time of the sale. Any indications by Claude Aguttes
SAS concerning the existence of a restoration, accident or any other incident
affecting the item or vehicle are given in order to help potential buyers inspect
the item or vehicle and remain subject to his or her own appreciation of it. The
absence of any specific information in the catalogue in no way implies that the
goods concerned are free from any defects. Furthermore, the condition reports
requested from Claude Aguttes SAS and the expert before the sale are given
for information purposes only. No responsibility is assumed by Claude Aguttes
SAS and the expert for these reports, and they may not be used as the basis
for any legal claim. Under no circumstances should these reports replace a
personal examination of the item or vehicle by the buyer or his/her representative.
3°/ Since the condition of a car may change between the time at which it is
described for inclusion in the catalogue and the time at which it is presented
for sale, right until it is taken over by the successful bidder, all vehicles are
sold ‘as is’. As a viewing of the goods for auction is held over several days
prior to the sale, allowing buyers to assess their condition, no claims will be
accepted once the lot has been sold. Buyers are recommended to take a
professional from the automotive sector with them to the viewing and to examine
the documents relating to each vehicle (registration papers, roadworthiness
inspection certificates etc.) made available to them by Claude Aguttes SAS.
Details given for each vehicle (condition, mileage covered on the basis of the
odometer reading etc.) and noted in the catalogue are provided for information
purposes only; it should be pointed out that the condition of a car may change
between the time when it is described for inclusion in the catalogue and the
time at which it is presented for sale.
4°/ The French-language text is the official text which will be referred to in the
event of any dispute. The descriptions in English and any measurements in inches
are given solely for information purposes and may not be used as the basis of
any claim. Any facts presented in the catalogue are provided for information
purposes only. The goods for auction are reproduced in the catalogue as
faithfully as possible, but a difference of colour or tone is nonetheless possible.
Dimensions are given for information purposes only.
5°/ For administrative reasons, the vehicle designations used (model, type,
year etc.) correspond, save for some exceptions, to the information given in
the vehicle registration papers.
6°/ Buyers are deemed to have examined the documents relating to each
vehicle, and in particular the roadworthiness inspection certificates and bills
made available to them by the auctioneers. Vehicles may, however, be sold
without having gone undergone a statutory roadworthiness inspection on
account of their age, the fact that they are not in running order or their status
as motorsport vehicles. Vehicles originating from outside France are presented
without a French roadworthiness inspection certificate (‘contrôle technique’).
Members of the public should inquire about this during the viewing and auction.
7°/ Buyers are solely responsible for changing the vehicle registration, and in
particular for doing so within the time stipulated in law.
Important: It must be stressed that the vehicles offered for sale date back to a period when their performance and safety conditions fell far short of today’s
standards; buyers are therefore urged to exercise the utmost caution, especially
when driving them for the first time. Before using them, it is also recommended
to prepare them for the road and to carry out all necessary checks (oil level,
tyre pressures etc.).
Claude Aguttes SAS shall not be held liable for any incident arising from the use
of a vehicle where these recommendations have not been followed. All buyers
are required to insure their vehicles immediately following their successful bid;
Claude Aguttes SAS shall not be held liable for any damage incurred after the
hammer has fallen.
BIDS
The highest and final bidder shall be the purchaser.
Should the auctioneer recognise two simultaneous bids on one lot, the lot will
be re-offered for sale and all those present in the saleroom may participate in
this second opportunity to bid.
Important: Bidding is typically conducted in the saleroom. We will, however, be
pleased to accept some bids by telephone from prospective buyers who have
made their interest known before the sale. We cannot accept any responsibility,
in particular should it prove impossible to establish a phone connection, if the
connection is established too late or should there be errors or omissions relating
to the reception of bids by telephone. We accept orders to bid sent to us free
of charge. We cannot accept any responsibility, notably in the case of errors
or the omission of written bid instructions.
In making a bid, bidders accept their personal responsibility to honour the
hammer price plus the buyer’s fees and any taxes which may be due. Except
in the case of a written agreement with Claude Aguttes SAS prior to the sale,
specifying that the bidder is acting as an agent on behalf of a third party known
to and approved by Claude Aguttes SAS, the bidder is deemed to be acting
on his or her own behalf. We remind our sellers that bidding on their own items
is forbidden.
PAYMENT FOR PURCHASES
We strongly encourage buyers to settle their purchases by credit card or bank
transfer.
In accordance with article L.321-14 of the French commercial code, an item sold
at auction may only be delivered to the buyer when the company has received
the amount due or has been provided with a guarantee that the amount has
been paid by the purchaser.
Means of payment accepted by our accounts department:
• Cash (article L.112-6, L.112-8 and Article Article L.112-8 paragraph 2 of the
Monetary and Financial Code)
· max. 1 000 €
· max. 15 000 € for private individuals who have their tax domicile abroad
(upon presentation of a valid passport)
• Payment online (up to €10,000) at: http://www.aguttes.com/paiement/index.jsp
• Bank transfer: For the exact amount shown on the invoice (no bank fees
should be charged to the auction house), sent from the purchaser’s account
and indicating the invoice number.
Banque de Neuflize, 3 avenue Hoche, 75008 Paris, France
Account holder: Claude AGUTTES SAS
Bank code 30788 – Sort code 00900
Account number 02058690002 – RIB key 23
IBAN FR76 3078 8009 0002 0586 9000 223
BIC NSMBFRPPXXX
• Credit card (except American Express and remote payment). Multi-payments
for one lot with the same card are not allowed
• Cheques (if no other means of payment is possible)
· Upon presentation of two pieces of identification
· Important: Delivery is possible after 20 days
· Cheques will be deposited immediately. No delays will be accepted.
· Payment with foreign cheques will not be accepted.
NON-PAYMENT
CLAUDE AGUTTES SAS will claim from buyers who fail to pay interest levied at
the legal rate plus 5 percentage points and the reimbursement of any additional
costs resulting from their failure to pay, with a minimum fee of €500, including
in the case of false bidding (‘revente sur folle enchère’) the difference between
the price at which the lot was originally auctioned and the price obtained at its
re-sale, together with the costs incurred in holding this new sale. Without any
payment within 30 days, 10% penalty will be applied to your invoice.
LAW AND JURISDICTION
In accordance with the law, it is stipulated that any public liability actions
instituted on the occasion of valuations or voluntary and court-ordered public
auctions will lapse five years after the date of the valuation or auction. These
terms and conditions of sale are governed exclusively by French law. Any
dispute relating to their existence, their validity, the right to challenge them and
their binding effect on any bidder or purchaser shall fall within the jurisdiction
of the courts of Paris (France).
FURTHER INFORMATION
French law imposes strict rules applying to the commercial use of endangered
species of animals. The different appendices to the international regulations of
3 March 1973 (CITES) require that a link be established between the specimen
and the document proving its lawful origin. This ruling – 338/97 dated 9/12/1996
– which has been re-transcribed in European Community law (Appendices
A/B/C) allows the commercial use of regulated species (CITES) subject to the
presentation of documents proving their lawful origin. The documents in this
instance are the following:
• For Appendix A: a detailed history of the specimen (for recent specimens)
• For Appendix B: birds must be fitted with either identification bands or electronic
tags and must have documentation proving their lawful origin. The auction
sale record must be kept as it provides a complete history of each specimen.
Recent specimens from species protected in the French Environmental Code,
born and raised in captivity, enjoy an exemption under the ministerial decree
of 14/07/2006. As such, they may be used commercially, given the traceability
between the specimen and the documentation proving its lawful origin. Other
specimens which pre-date the application of these rules (ministerial decree
of 21/07/2015) may be used commercially.
Specimens prior to 1947 presented at this sale enjoy an exemption under Ruling
338/97 dated 9/12/1986 (article 2) which allows their use for trade. To take these
specimens out of the European Union, however, requires a pre-CITES Convention
agreement. For species which can be hunted in Europe and elsewhere, their
commercial use is allowed under certain conditions.
So-called domesticated species presented at this sale may be freely exploited
for commercial purposes. Older specimens prior to the Convention (pre-1975)
comply with the conditions of the ministerial decree dated 23/12/2011 and may
therefore be used commercially. The other specimens from this sale are not
subject to any regulations and may be freely used for any commercial purposes.
The auction sale record will substantiate their lawful origin. To take them out of
the EU, with regard to Appendices I/A, II/B and III/C, a CITES re-export form
will be needed, at the expense of the future buyer.
If a customer feels that he or she has not received a satisfactory response, he or she is advised to contact the head of the relevant department directly, as a matter
of priority. In the absence of a response within the specified time limit, the customer may then contact customer service at serviceclients@aguttes.com, which is
attached to the Quality Department of SVV Aguttes.
