LA VENTE DES DAMIERS : UN PREMIER MAI À CASSEL

dimanche 01 mai 2022 16:00
Cassel
Sale information

THE SALE OF THE CHECKERBOARDS: A FIRST MAY IN CASSEL


Authorized auctioneer :

Sophie Perrine


Exhibition by appointment :

Friday, April 29th : 2pm - 7pm

Saturday April 30th : 10am - 7pm

Sunday May 1st : 9am - 12pm


Director of the department :

Gautier Rossignol

+33 (0)1 47 45 93 01 - +33 (0)6 16 91 42 28

rossignol@aguttes.com


Specialists :

Hugo Baldy

+33 (0)1 47 45 93 01 - +33 (0)7 60 78 10 18

baldy@aguttes.com


Paul-Emile Coignet

+33 (0)4 37 24 24 23 - +33 (0)6 68 36 26 22

coignet@aguttes.com


Consultant :

Raphaël de Serres

+33 (0)6 07 18 64 83

deserres.consultant@aguttes.com


The Damiers

Christophe Pund

+33 (0)6 07 64 77 27

lesdamiers@wanadoo.fr

Sales conditions

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.