AUTOMOBILES DE COLLECTION - LA VENTE D'AUTOMNE : Automobilia et automobiles de collection

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
Contact to arrange collection: + 33 4 37 24 24 24.
Vehicles will be stored on the evening of the sale within the grounds of the Gare des Brotteaux.
They may be collected from 2PM on the Monday following the sale, 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 €200 before tax covering
parking and handling charges for up to 15 days.
Any lot which has not been collected at 12 noon on the second Monday after the sale will
be transferred either that day or on the following days to the QPark Lyon-Brotteaux car park
(equipped with video monitoring), which is situated opposite Aguttes’ offices in Lyon. Aguttes
SAS will not be liable for any incidents which may occur during the transfer.
• After the 15th day following the auction, the cost of parking will be €32 per day, each day
started being due in full, to be paid direct to the QPark car park 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)
• 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.
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.