CONDITIONS OF SALE
The sale will be made in cash and conducted in Euros.
The purchasers will pay, in addition to the bids, expenses of 25% HT or 30% TTC on the first 150 000 €, then beyond 150 001 €, 23% HT or 27.6% TTC. For
AUTOMOBILES, the buyers will pay, in addition to the bids, the following fees
- 15% before tax + VAT at the current rate, i.e. 18% including tax up to €500,000
- 12% excl. tax + VAT at the current rate, i.e. 14.4% incl. VAT on the portion of the auction price above €500,001
- 10% before tax + VAT at the current rate, i.e. 12% including tax on the portion of the auction price above €1,000,001
For WINES & SPIRITS, buyers will pay, in addition to the auction price, the following fees: 20% before tax, i.e. 24% including VAT.
Buyers via Drouot Digital will pay, in addition to the bids and the buyers' fees, a commission of 1.80% including VAT (fees 1.5% excluding VAT and VAT 0.30%) which will be transferred to the Drouot Digital platform (see Auctions via Drouot Digital). In addition to the bids and the buyer's fees, the successful bidders via Live Interenchères will pay a commission of 3.6% VAT included, which will be paid to the Interenchères platform.
NB :
+ Auction by order of the court further to a prescription of the court, buyers fees 14,40% VTA included.
° Lots on which the auction house or its partners have 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.
~ This lot contains animal materials. Import restrictions are to be expected and must be considered.
GUARANTEES
In accordance with the law, the information given in the catalog is the responsibility of SAS Claude Aguttes and its expert, taking into account the corrections announced at the time of the presentation of the object and recorded in the sale report. The attributions have been established taking into account the scientific and artistic knowledge at the date of the sale.
The order of the catalog will be followed. Potential buyers are invited to examine the items that may interest them before the auction. A prior exhibition allows them to see the condition of the items for sale. The state of conservation of the works is not specified in the catalog. Potential buyers, if they do not wish to come to the auction, may request additional photos, videos and/or condition reports. Requests must be made 24 hours prior to the sale. The reproductions of the works in the catalog are as accurate
as possible, although differences in color or tone may occur. Dimensions are given as an indication only. No claims will be accepted after the auction. The French text is the official text which will be used in case of dispute.
Descriptions in other languages and dimensions in inches are given as an indication only and cannot be the basis for a claim. No claims will be accepted for any restorations or accidents after the auction. The condition reports requested from SAS Claude Aguttes and the expert before the sale are given as an indication. They do not engage their responsibilities and cannot be the cause of a legal claim. They are expressed to facilitate the inspection of the lot by the potential buyer and remain subject to his personal
appreciation. The absence of any indication in the catalog, written or verbal condition reports, does not imply that an item is free of any present, past or repaired defects. Conversely, the mention of some defects does not imply the absence of all other defects.
BIDS
The highest and last bidder will be the successful bidder. In the event of a double bid recognized by the auctioneer, the lot will be put up for sale again and all the amateurs present will be able to bid for the second auction.
By bidding, the bidders assume the personal responsibility to pay the auction price, increased by the expenses to be paid by the buyer and by any tax or duty due. Except in the case of a written agreement with SAS Claude Aguttes, prior to the sale, mentioning that the bidder is acting as an agent of a third party identified and approved by SAS Claude Aguttes, the bidder is deemed to be acting in his own name. We remind our sellers that it is forbidden to bid directly on the lots belonging to them.
Important : The normal way to bid is to be present in the auction room.
PHONE BIDDING:
We accept telephone bids from potential buyers who have made themselves known before the sale. We cannot be held responsible if the telephone connection is not established, is established late, or in case of error or omission relating to the reception of bids by telephone.
PURCHASE ORDER : We accept the bidding orders that have been transmitted.
We are not responsible for any error or omission in the written order.
BIDS THROUGH DROUOT DIGITAL OR OTHER LIVE PLATFORM
Online auctions are available. These are carried out on the drouotonline.com website, which is a technical platform allowing remote participation in auctions
by electronic means. It is necessary to register beforehand and to ensure that the registration is validated. A bidding ceiling may be announced depending on the sales, it is advisable to deposit a deposit beforehand in order to bid freely during the sale. The buyer via this platform or any other platform proposed for live purchases is informed that the fees charged by these platforms will be at his expense (a commission of 1.80% including VAT (fees 1.5% excluding VAT and VAT 0.30%). The successful bidders via the Live InterAuction will pay, in addition to the bids and the buyers' fees, a commission of 3.6% VAT included which will be paid to the InterAuction platform.
Aguttes may not be held responsible for the interruption of a Live service during a sale or for any other malfunction that may prevent a buyer from bidding via a technical platform offering the Live service. The interruption of a Live auction service during the course of a sale does not necessarily justify
the auctioneer's stopping the auction.
STORAGE AND DELIVERY AFTER THE SALE
For all CARS
An email will be sent the day after the sale to each buyer to indicate the contact, the place and the amount to be paid to collect the vehicle. The vehicles are stored on the evening of the sale in a closed and secured room near Paris. They can be collected by appointment from the Tuesday following the date of the sale and after full payment of the amount of the auction and the costs. The buyer will pay, in addition to the adjudication and the expenses, a fixed price of 300€ HT for the transport and the storage of his vehicle. Aguttes SAS is not responsible for any incident during the transfer. From Monday, September 6th included, the daily cost of parking will be 35€ (excl. VAT) per day, each day started being due, and will be paid when the vehicle is picked up.
For the CONTEMPORARY ART, WINE & SPIRITS and WATCH lots Purchases can be collected by appointment at the Neuilly-sur-Seine office from Wednesday 1 September.
For the DESIGN lots
No lots will be delivered on the day of the sale. They will be collected by appointment, from Wednesday 1st September and once the payment has been received. To make an appointment for collection, please contact the person in charge of the sale as indicated at the beginning of the catalog.
Except for specific provisions mentioned in the present catalog, the conditions of withdrawal of purchases are as follows: beyond a period of fifteen days of free storage at AGUTTES Neuilly or at the Gennevilliers storage facility, until September 1st, the latter will be charged 3 € per day for any lot of less than 1m3 & 5€ per day and per m3 for all those exceeding 1m3. It is advised to proceed to a removal of their lots by the carrier of their choice as soon as possible in order to avoid these storage fees which are to be paid before the removal.
Storage does not involve the responsibility of the auctioneer or the expert in any way whatsoever. From the moment of the adjudication, the object will be under the full responsibility of the buyer. The buyer will be responsible for insuring his acquisitions, and SAS Claude Aguttes declines all responsibility for any damage that the object may incur, and this as soon as the adjudication is pronounced.
The lots will be delivered to the buyer in person or to a third party designated by him and to whom he will have given an original power of attorney and a copy of his identity card.
The formalities for the export of the lots (application for a certificate for cultural property, export permit) are the responsibility of the buyer and may require a delay of 4 months. The firm is at the disposal of its buyers to guide them through these procedures or to forward requests to the Service des Musées de France.
PAYMENT
We recommend that buyers pay by credit card or electronic bank transfer.
In compliance with Article L.321-14 of French commercial law, a property sold at auction can be delivered to the buyer only once the auction firm has received payment or complete guarantee of payment.
Legally accepted means of payment include :
• 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 on line (max 10 000 €) : http ://www.aguttes.com/paiement/index.jsp
• Electronic bank transfer
The exact amount of the invoice from the buyer’s account and indicating the invoice number. (Note : Bank charges are the buyer’s responsibility.)
Banque de Neuflize, 3 avenue Hoche 75008
Titulaire du compte : Claude AGUTTES SAS
Code Banque 30788 – Code guichet 00900
N° compte 02058690002 – Clé RIB 23
IBAN FR76 3078 8009 0002 0586 9000 223
BIC NSMBFRPPXXX
• Credit cards : 1.1% TTC commission will be charged for payments exceeding €50,000
• American Express : 2.95%TTC commission will be charged.
• Distance payments and 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
PAYMENT DEFAULT
Settlements are cash.
In the event of late payment on winning bids SAS CLAUDE AGUTTES will claim the legal rate of interest, plus five percent. A minimum fee of €500 will also be due for any other costs incurred by reason of default, including the following in the case of resale on false bidding :
- The difference between the price at which the lot was auctioned and the price obtained at its resale;
- The costs incurred by new auctioning.
LAW AND JURISDICTION
In accordance with the law, it is added that all actions in public liability instituted on the occasion of valuation and of voluntary and court-ordered auction sales are barred at the end of five years from the hammer price or valuation. These Conditions of purchase are governed by French law exclusively. Any dispute relating to their existence, their validity and their binding effect on any bidder or buyer shall be submitted to the exclusive jurisdiction of the Courts of France.
