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
• 16,4% before tax + VAT at the current rate, i.e. 20% including tax
• 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
Musée de l'Aventure Peugeot: 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 inside the
museum. 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 €250 before tax covering parking of the
car. Aguttes SAS will not be liable for any incidents which may
occur during the transfer.
• Beyond Friday, October 2, 2020, vehicles not recovered will
be transported at the expense of the new owner (800 € + vat)
close to Paris.. The daily cost of parking will be 40 € HT per
day, each day started being due, and will be to be paid when
the vehicle is taken back.
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 intracommunity
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.
