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 Automn Sale / Lyon 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. They may be collected
from Tuesday 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 €270 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 Monday 18th of november, 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:
• 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). Multi-payments for one lot with the same card are not allowed.
• 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. 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.
