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: Lots 1, 2, 3, 4, 5, 11, 12, 13, 14, 15, 18, 19, 20, 24, 28, 29, 30, 31, 33, 36, 37, 38,
39, 40, 44 are being sold in partnership with Les Damiers, which has appraised them.
• 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
14.28% 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 Damiers Sale / Cassel 2022 : 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.
They may be collected from Tuesday following the sale on appointment, after the
hammer price and all fees have been settled.
• From lot 1 to 11 included: Buyers will be charged, in addition to the hammer price
and fees, a fixed sum of €150 before tax covering parking of the car. Aguttes SAS /
Les Damiers will not be liable for any incidents which may occur during the transfer.
• Lot 12 to 45included: 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 / Les Damiers will not be liable for any incidents which may occur
during the transfer.
• From Wednesday the 18th, the cost of parking will be €35 + VAT per day (25€+
VAT - lot 1 to11) , 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
/ Les Damiers 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 authorization 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. The 3% VAT on 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.
