Sales conditions - AUTOMOBILES DE COLLECTION VENTE D'ÉTÉ
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% 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 / Paris 2019: An email will be sent on the evening of 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 and in the 8th area of Paris. They may be collected from Monday following the sale on appointment, after the hammer price and all fees have been settled. • It should be noted that buyers present at the sale who settle their purchases by credit card my take immediate delivery of their vehicle once the administrative formalities have been completed by our staff. • Buyers who do not take immediate delivery of their vehicle at the end of the sale will be charged, in addition to the hammer price and fees, a fixed sum of €250 before tax covering parking and shipping of the car. Aguttes SAS will not be liable for any incidents which may occur during the transfer. • After the Wednesday following the auction, 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 TERMS AND CONDITIONS OF SALE FOR CARS AND AUTOMOBILIA 2019 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: • Up to €1000 (French Monetary and Financial Code: articles L.112-6, L.112-8 and L.112-8 para. 2) • Or up to €15,000 for private individuals who are resident outside France for tax purposes (on presentation of their 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) • Cheque: (if no other means of payment is possible) • On presentation of two ID documents • No extension will be allowed to the time in which payments made by cheque will be encashed • Goods will only be delivered 20 days after payment has been made • Foreign cheques are not 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. 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.