At the Grimaldi Forum in Monaco on 12 May, RM Sotheby's held its biennial Monaco auction during the Grand Prix de Monaco Historique. The exclusive sale totaled €23,317,290, drawing global interest from bidders representing 36 countries.
Without a doubt, the Bugatti Veyron has secured its place in history as a modern automotive icon, which was reinforced by the fact that the example offered in Monaco, a 2015 Bugatti Veyron 16.4 Grand Sport Vitesse, was the night's second most valuable car, bringing €1,720,625 (Estimate: €1,200,000–€1,500,000). Featuring numerous unique Transformers-themed modifications, the light blue example with contrasting blue carbon fiber is the ultimate incarnation of the supercar and was “as new,” having only covered 840 kilometers.
Augustin Sabatié-Garat, Auction Manager, RM Sotheby's Europe, said following the sale: “Once again, we have enjoyed a strong sale in Monaco. We offered some fine cars and saw strong individual prices achieved across the board. It is clear the market is still robust enough for world-record results to be achieved.”
RM SOTHEBY'S ACHIEVES €23,317,290 AT BIENNIAL MONACO AUCTION DURING THE GRAND PRIX DE MONACO HISTORIQUE
Bidders' Conditions of Business
BIDDER(S)’ CONDITIONS OF BUSINESS
1. Introduction.
1.1 Please ensure that you read and understand these Conditions of Business prior to bidding on a motor car(s) or any other lot(s) at this or any other RM Auctions, Inc. d.b.a. RM Sotheby’s (“RMS”) sale. Please note that the winning Bidder(s) becomes the Buyer(s) who is also bound by these Conditions of Business.
1.2 RMS’ contractual relationship with the Bidder(s)’ are governed by:
1.2.1 These Bidder(s)’ Conditions of Business;
1.2.2 The Conditions of Business displayed in the auction salesroom;
1.2.3 The Conditions of Business displayed on RMS’ website; and
1.2.4 In each case as amended by any salesroom notice or auctioneer’s announcement at the auction.
(clauses 1.2 to 1.2.4 together “Contractual Obligations”)
1.3 As auctioneer, RMS acts as agent for the Consignor(s), and a sale contract is made directly between the Consignor(s) and Buyer(s).
1.3.1 Occasionally, RMS may own a motor car(s) or any other lot(s) (and, in such circumstances, acts in a principal capacity as the Seller(s)) and/or may have a legal, beneficial, or financial interest in a motor car(s) or any other lot(s) as a secured creditor or otherwise.
2. Services. RMS agrees to act as an agent for the Bidder(s) and provide auction services including, but not limited to, a sale facility, clerks, support staff, event advertising, and promotion. In connection with the auction, RMS will have absolute discretion with regard to the motor car(s) and any other lot(s) or any RMS auction as to (a) consulting any expert either before or after the sale, (b) researching the provenance, (c) grouping and providing catalogue and other descriptions as may be appropriate, (d) marketing and promotion of the sale, and (e) any other services required to conduct the sale.
3. Registration Fee. In order to register to bid onsite at auction, Bidder(s) must pay a €150,00 (EUR) bidder registration fee.
4. Bidding.
4.1 To bid at an RMS auction, a Bidder(s) must be at least 21 years of age.
4.2 At auction, there is no “cooling off period.” If you are awarded the final bid, ownership changes hands at the drop of the gavel. You own the motor car(s) or any other lot(s) and are responsible for payment in full. No Bidder(s) may retract a bid made during the sale for any reason.
4.3 The Bidder(s) is responsible for all risk of loss or damage and insurance immediately upon purchase of the motor car(s) or any other lot(s).
4.4 RMS reserves the right to reject any bid(s). The highest Bidder(s) acknowledged by the auctioneer will be the Buyer(s). The auctioneer has absolute and sole discretion in the case of error or dispute with respect to bidding and, whether during or after the sale, to determine the successful Bidder(s), to re-open the bidding, to cancel the sale, or to re-offer and re-sell the motor car(s) or any other lot(s) in dispute. If any dispute arises after the sale, RMS’ sale record is conclusive. At RMS’ discretion, RMS will execute order or absentee bid(s) and accept telephone bid(s) and online bid(s) via rmsothebys.com as a convenience to clients who are not present at auctions; RMS is not responsible for any errors or omissions in connection therewith. Prospective Bidder(s) should also consult rmsothebys.com for the most up-to-date cataloguing of the motor car(s) or any other lot(s).
4.5 By participating in the sale, the Bidder(s) represent and warrant that any bid(s) placed by them, or on their behalf, are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law. RMS may require such necessary financial references, guarantees, deposits, and/or such other security, at their absolute discretion, as security for their bid(s). Please bear in mind that RMS is unable to obtain financial references over weekends or public holidays.
5. Purchase Price.
5.1 The Purchase Price shall consist of the following:
5.1.1 the Hammer Price of the motor car(s) or any other lot(s); and
5.1.2 the applicable Buyers’ Premium.
(clauses 5.1 to 5.1.2 together “Purchase Price”)
6. Buyers’ Premium.
6.1 In addition to the Hammer Price, the winning Bidder(s) is required to pay RMS a percentage of the Hammer Price, which RMS retains as the Buyers’ Premium for their purchase of each motor car(s) or any other lot(s) (“Buyers’ Premium”) in accordance with the following clauses:
6.1.1 In the event of a final Hammer Price of €200.000,00 (EUR) and below on all motor car lot(s), RMS will receive a Buyers’ Premium of fifteen percent (15%) (plus VAT on the Buyers’ Premium).
6.1.2 In the event of a final Hammer Price above €200.000,00 (EUR) on all motor car lot(s), RMS will receive a Buyers’ Premium of fifteen percent (15%) (plus VAT on the Buyers’ Premium) on the first €200.000,00 (EUR), and receive a Buyers’ Premium of twelve and a half percent (12.5%) (plus VAT on the Buyers’ Premium) on the Hammer Price above €200.000,00 (EUR).
6.1.3 Buyer(s) of all non-motor car lot(s), including but not limited to memorabilia, motorcycle(s), boat(s), trailer(s), jewellery, and clothing, are required to pay RMS a Buyers’ Premium of twenty percent (20%) (plus VAT on the Buyers’ Premium) on the Hammer Price of that particular lot(s).
7. Tax.
7.1 The Buyer(s) is responsible to pay all city, state, federal, provincial, territorial, and any and all other taxes due for which the Buyer(s) does not qualify as exempt, subject to RMS verification; proof of exemption is the Buyer(s)’ responsibility. The Buyer(s) is responsible for any applicable duty, import tariffs, charges, or any and all other required payments that are due upon the import of the motor car(s) or any other lot(s) to their final destination.
7.2 Although by no means an exhaustive list, please be aware of the tax scenarios below.
7.2.1 For auctions held in the United States, if the Buyer(s) of a motor car(s) or any other lot(s) resides in an American state in which RMS is registered to collect/remit sales tax, RMS is required to collect/remit sales tax on the purchase of that motor car(s) or any other lot(s). RMS is registered to collect/remit sales tax in the following states: California, Florida, Indiana, Pennsylvania, Arizona, New York, and Michigan. RMS reserves the right to collect/remit sales tax from residents from other jurisdictions if RMS deems the collection/remittance of tax necessary.
7.2.2 For auctions in the EU, according to the EU VAT Directive, motor car(s) that have been in use for no more than six (6) months or that have been driven for no more than 6,000 kilometers are considered new means of transport and will be subject to VAT. Payment of VAT is the responsibility of the Bidder(s). Where applicable, RMS may take a deposit from the Bidder(s) equal to the amount of VAT due, which will be refunded upon receiving satisfactory evidence that the motor car(s) has been transported to and registered in another EU country.
8. No Legal or Tax Advice. This agreement is an important legal document. The Bidder(s) acknowledges that the Bidder(s) has had the opportunity to consult an attorney before signing this agreement and has signed this agreement after having the opportunity to consult with an attorney of their own choosing. Notwithstanding any references to any transactions or arrangements in this agreement, or any contemporaneous written, oral, or implied understandings of the Parties relating to the subject matter of this agreement, RMS has not provided legal or tax advice or tax planning services to the Bidder(s) or for the Bidder(s)’ benefit in connection with the transactions contemplated by this agreement, and no one at RMS has acted as the Bidder(s)’ attorney or tax advisor. It is the Bidder(s)’ responsibility to satisfy themselves and comply with all applicable tax, duty, or any and all other payments associated with the purchase of motor car(s) or any other lot(s) at an RMS auction.
9. Payment.
9.1 Subject to fulfilment of the Contractual Obligations, on the fall of the auctioneer’s hammer or equivalent device or mechanism (“Hammer Price”), the contract between the Consignor(s) and the Bidder(s) is concluded and payment is due in full on or before 5:00 p.m. of the next business day (“Payment Deadline”), and payment is to be made to RMS.
9.2 All payments must be in the form of wire transfer unless other arrangements have been approved in advance.
9.3 RMS is not obligated to release the motor car(s) or any other lot(s) to the winning Bidder(s) until the winning Bidder(s) has met all of the Contractual Obligations and paid the Purchase Price plus applicable taxes.
9.4 In the event that the winning Bidder(s) does not pay any portion of the Purchase Price plus applicable taxes by the Payment Deadline, the Bidder(s) agrees to and acknowledges the following: If RMS elects to pay the Consignor(s) any portion of the Purchase Price plus applicable taxes, RMS shall have all of the rights of the Consignor(s) to pursue the Buyer(s) for any amounts paid to the Consignor(s), whether at law, in equity, or under these Conditions of Business. The Bidder(s) hereby authorizes RMS to deduct the Purchase Price plus applicable taxes from the Bidder(s)’ cash deposit or to charge this amount to the credit card that the Bidder(s) has provided. If the Bidder(s)’ cash deposit and/or credit card payment does not cover the Purchase Price plus applicable taxes, in addition to other remedies available by law, RMS reserves the right to impose, from the Payment Deadline until the full Purchase Price plus applicable taxes has been made by the Buyer(s), a late charge of ten percent (10%) interest per annum on the (1) Purchase Price plus applicable taxes; (2) maximum published Sellers’ Commission; (3) applicable expenses; (4) any collection costs, attorney fees, and court costs incurred to enforce payment; and (5) other damages.
10. All Sales are “As Is” and “Where Is.” The Bidder(s) is responsible for inspections and verification of the condition, authenticity, and completeness of any motor car(s) or any other lot(s) purchased. No warranties or representations of any type whatsoever are made by RMS. Statements printed in catalogues, online content, pre-mailers, advertisements, brochures, signs, and window cards, as well as verbal statements made by auctioneers or auction staff, are representations made by the Consignor(s), and RMS has no obligation to verify or authenticate any such claims or representations. Except as herein provided, all motor car(s) or any other lot(s) are sold as is, where is, with no representations or warranties, expressed or implied. THE CONSIGNOR(S) AND RMS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO CONDITION, ORIGINALITY, OR AUTHENTICITY; ORIGIN OR PROVENANCE; PREVIOUS USE OR OWNERSHIP; MANUFACTURING OR RESTORATION PROCESSES; YEAR OR AGE; SERIAL NUMBER, MAKE, OR MODEL; OPTIONS AND TOOLS; ENGINE HOURS; AND MILEAGE OF ANY MOTOR CAR(S) OR ANY OTHER LOT(S) OR COMPONENT OF ANY MOTOR CAR(S) OR ANY OTHER LOT(S), AND THEY SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
11. Reserve(s). Motor Car(s) or any other lot(s) not marked as “no reserve” (or similar) are subject to a reserve bid set by the Consignor(s). When a motor car(s) or any other lot(s) is sold subject to such a reserve bid, the auctioneer may bid on the Consignor(s)’ behalf in an amount not to exceed the amount of the reserve bid.
12. Absentee and Telephone Bidding. Absentee and telephone bidding are services provided by RMS for the Bidder(s)’ benefit, and RMS cannot be held responsible for errors or omissions with respect to the bidding process, including failure to execute any bid. By submitting a bid(s), the Bidder(s) has entered into a binding contract to purchase each motor car(s) or any other lot(s) if the Bidder(s)’ bid is successful. If the Bidder(s)’ bid is successful, the Bidder(s) is to pay the Purchase Price plus applicable taxes, including the Buyers’ Premium and sales tax, if not otherwise exempt. It is the Bidder(s)’ responsibility to provide proof of exemption from sales tax. By participating in telephone bidding, the Bidder(s) acknowledges that RMS has the right to record all telephone calls.
13. Cancellation/Rescission of Auction.
13.1 RMS will use reasonable efforts to avoid cancellation/rescission; however, RMS has the sole discretion to cancel/rescind the auction and will not be liable to the Bidder(s) for any losses or damages resulting from the cancellation/rescission if RMS believes the following events have occurred or have a reasonable probability of occurring:
13.1.1 Force Majeure events including, but not limited to:
13.1.1.1 Natural disaster, which despite reasonable efforts, restricts RMS from holding the auction;
13.1.1.2 Structural damage to the auction venue prior to the auction, which despite reasonable efforts, restricts RMS from holding the auction; and
13.1.1.3 Terrorist event, which despite reasonable efforts, restricts RMS from holding the auction.
13.1.2 Government/Court action, order, injunction, regulation, or law that necessitates a cancellation.
14. Cancellation/Rescission of Motor Car(s) or Any Other Lot(s).
14.1 RMS will use reasonable efforts to avoid cancellation/rescission; however, RMS has the sole discretion to cancel/rescind the sale of the motor car(s) or any other lot(s) and will not be liable to the Bidder(s) for any losses or damages resulting from the cancellation/rescission if RMS believes the following events have occurred or have a reasonable probability of occurring:
14.1.1 RMS opines that the motor car(s) or any other lot(s) have been intentionally and materially misrepresented by the Consignor(s) or the Bidder(s);
14.1.2 RMS opines that physical damage to the motor car(s) or any other lot(s), which cannot be sufficiently repaired prior to the auction, occurred after this agreement was signed;
14.1.3 RMS is served with a lawsuit from a third party in relation to the motor car(s) or any other lot(s);
14.1.4 RMS faces significant reputational damages which would cause monetary damages for selling the motor car(s) or any other lot(s);
14.1.5 Material issues regarding Title(s), registration(s), or transfer of ownership that cannot be reasonably cured;
14.1.6 Material issues regarding the provenance, merchantability, or authenticity of the motor car(s) or any other lot(s) that cannot be reasonably cured; or
14.1.7 If there are legitimate claims, accusations, notices, or similar communications made by the Buyer(s) in regard to their purchase of a motor car(s) or any other lot(s) not being authentic, being misrepresented, having an encumbered title or registration, having undisclosed material issue, or having a similar claim, RMS has the right to retain the Buyer(s)’ funds on account and be the arbitrator as to the merit of the Buyer(s)’ claims and to cancel the sale of the motor car(s) or any other lot(s) and reimburse the payment to the Buyer(s) if RMS deems the Buyer(s)’ claims to be valid.
15. Online Services are “As Is” and “As Available.”
15.1 Bidder(s) may be able to bid via websites, telephone services, applications, and tools (collectively “Services”).
15.2 RMS tries to keep the Services safe, secure, and functioning properly, but RMS cannot guarantee the continuous operation of or access to the Services. Bid update and other notification functionality may not occur in real time. Such functionality is subject to delays beyond RMS’ control.
15.3 Bidder(s) agree that they are making use of the Services at their own risk and that they are being provided to Bidder(s) on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, RMS excludes all expressed or implied warranties, terms, and conditions, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
16. Currency Display. RMS may use a currency display in the saleroom for informational purposes only. The currencies listed on the currency converter are not real-time conversions pegged to market rates and are not to be relied on by anyone. Errors and inaccuracies may occur in the operation of the currency converter. To be clear, the bid price stated by the auctioneer is the prevailing and binding bid price.
17. Bank Letter. Please note that in order to register to bid at an RMS sale, RMS requires that all Bidder(s) provide a Bank Letter. All Bank Letters must be written on bank letterhead. Please note that RMS may waive this requirement at its sole discretion.
18. Credit Card Hold and Pre-authorization. Please note that in order to register to bid at an RMS sale, RMS requires a €5.000,00 (EUR) hold and pre-authorization to be placed on the Bidder(s)’ credit card. If the Bidder(s) fails to pay for a motor car(s) or any other lot(s) purchased on or before 5:00 p.m. of the next business day following the auction, the Bidder(s) acknowledges that their credit card will be charged €5.000,00 (EUR) for the missed payment; please note that the Bidder(s) is still bound to pay their remaining balance. The €5.000,00 (EUR) hold will not be charged to their credit card if the Bidder(s) makes full payment on or before 5:00 p.m. of the next business day following the auction. If the Bidder(s) does not purchase a motor car(s) or any other lot(s), their credit card will not be charged. If their credit card is not to be charged, the €5.000,00 (EUR) hold should fall off their credit card within ten (10) business days depending on their credit card company. Please note that RMS may waive this requirement at its sole discretion.
19. Title Transfer. In an effort to ensure all titles are free and clear of liens or encumbrances, RMS manages the process of title reassignment on behalf of the Buyer(s). Buyer(s) will receive titles in the mail up to twenty (20) business days following the auction. A $75.00 (USD) administration fee or its equivalent in local currency of the auction location ($65.00 (USD) in the State of California) will be assessed per motor car(s) purchased by an individual Buyer, however this fee will not apply to nostalgia lot(s).
20. Removal of Purchased Motor Car(s) or Any Other Lot(s).
20.1 All purchased motor car(s), including motorcycle(s), boat(s), and trailer(s), will be removed from the auction site by five PM (5:00 p.m. EST) on Sunday, 13 May 2018, in the jurisdiction where the auction was held (“Removal Deadline”).
20.2 The Buyer(s) will be charged a €450,00 (EUR) removal fee plus VAT per motor car(s) and a daily storage fee of €40,00 (EUR) plus VAT per motor car(s) until the motor car(s), including motorcycle(s), boat(s), and trailer(s), is removed.
20.2.1 Specifically if a boat lot(s) is not removed by the Removal Deadline, RMS will remove the boat lot(s), and the Consignor(s) is required to pay RMS a removal fee plus VAT per boat lot(s) and a daily storage fee plus VAT per boat lot(s). The removal fee and daily storage fee for the boat lot(s) will be determined based on the size of the boat lot(s) and therefore cannot be confirmed until the boat lot(s) is consigned. Please note that RMS will utilize Monaco Boat Services for the removal of any boat lot(s).
20.3 For the collection of any non-motor car lot(s), including but not limited to memorabilia, jewellery, and clothing, from the auction site, once the Buyer(s) has made payment by the Payment Deadline, a direct shipping company will contact the Buyer(s). Please note that a reasonable memorabilia removal and storage fee will apply.
20.4 Please note that the Buyer(s) is required to insure their motor car(s) or any other lot(s) while it is being stored on their behalf.
21. Legal Action.
21.1 These Conditions (and any dispute or claim relating to them or their subject matter, their enforceability, or their termination (including non-contractual claims)) are to be governed by and construed in accordance with English law.
21.2 The courts of England and Wales shall have jurisdiction to settle any claim, dispute, or issue whether arising out of or in connection with these Conditions or otherwise (including non-contractual claims). In the case of a dispute which is the subject of a claim by RMS, such jurisdiction shall be non-exclusive. In any other case, such jurisdiction shall be exclusive, and the Buyer(s) and Consignor(s) agree that it will not institute proceedings in the courts of the country other than England and Wales.
22. Packing and Shipping. RMS is not responsible for the acts or omissions in our packing or shipping of purchased motor car(s) or any other lot(s) or of other carriers or packers of purchased motor car(s) or any other lot(s), whether or not recommended by RMS. Packing and handling of purchased motor car(s) or any other lot(s) is at the entire risk of the Buyer(s).
23. Data Protection. RMS will use information provided by our client(s) (or which RMS otherwise obtains relating to our client(s)) for the provision of auction and other related services, loan services, client administration, marketing, and otherwise to manage and operate our businesses, or as required by law. This will include information such as the client(s)’ name and contact details, proof of identity, financial information, records of the client(s)’ transactions, and preferences. Some gathering of information about our client(s) will take place using technical means to identify their preferences in order to provide a higher quality of service to them. RMS may also disclose the client information to other Sotheby’s or RM Sotheby’s Companies and/or third parties acting on their behalf to provide services for these purposes.
24. Money Laundering. The Bidder(s) agrees to provide all information and assistance reasonably requested by RMS to comply with RMS’ internal Anti-Money Laundering process and to comply with any and all Money Laundering Laws and Regulations in force in the jurisdiction in which the auction is held.
25. Motor Car(s) or Any Other Lot(s) Under Temporary Import.
25.1 A temporary import bond is used in all EU sales. If a motor car(s) or any other lot(s) is brought into the EU from a country outside of the EU, the motor car(s) or any other lot(s) must be placed on either RMS’ bond in the United Kingdom or one of RMS’ nominated custom agencies for Paris, Monaco or Italy. Fees and charges vary from sale to sale, and for some countries this is also determined by the value of the motor car(s) or any other lot(s).
25.2 Motor car(s) or any other lot(s) subject to temporary importation restrictions cannot be discharged from RMS’ custody without the completion of customs procedures and until full payment has been received. Customs charges will be levied appropriately depending on each individual scenario and will be payable directly to the relevant authorities, which RMS will provide the details of as and when necessary.
25.3 Should the Buyer(s) decide for the motor car(s) or any other lot(s) to remain in the EU when purchased, the Buyer(s) is responsible to pay any and all import fees for the motor car(s) or any other lot(s).
26. Translated Bidder(s)’ Conditions of Business. If there is a contradiction due to translation in our Bidder(s)’ Conditions of Business, please note that the English version of RMS’ Bidder(s)’ Conditions of Business will supersede.
Consignors' Conditions of Business
CONSIGNOR(S)’ CONDITIONS OF BUSINESS
1. Introduction.
1.1 Please ensure that you read and understand these Conditions of Business prior to consigning a motor car(s) or any other lot(s) at this or any other RM Auctions, Inc. d.b.a. RM Sotheby’s (“RMS”) sale.
1.2 RMS’ contractual relationship with the Consignor(s)’ are governed by:
1.2.1 These Consignor(s)’ Conditions of Business;
1.2.2 The Consignment Agreement Package; for the avoidance of doubt, this is the fillable package containing the Consignor(s)’ personal information and information regarding the motor car(s) or any other lot(s);
1.2.3 The Conditions of Business displayed in the auction salesroom;
1.2.4 The Conditions of Business displayed on RMS’ website; and
1.2.5 In each case as amended by any salesroom notice or auctioneer’s announcement at the auction.
(clauses 1.2 to 1.2.5 together “Contractual Obligations”)
1.3 As auctioneer, RMS acts as agent for the Consignor(s) and a sale contract is made directly between the Consignor(s) and Buyer(s).
1.3.1 Occasionally, RMS may own a motor car(s) or any other lot(s) (and in such circumstances, acts in a principal capacity as the Seller(s)) and/or may have a legal, beneficial, or financial interest in a motor car(s) or any other lot(s) as a secured creditor or otherwise.
2. RMS Receiving Motor Car(s) or Any Other Lot(s) in Trust. The consigned motor car(s) or any other lot(s) are delivered to RMS in trust under the exact terms set forth in this agreement. RMS agrees to receive the motor car(s) or any other lot(s) in trust and not to permit their use for any other purposes, other than those contained in this agreement, without the expressed written consent of the Consignor(s).
3. Services. RMS agrees to act as an agent for the Consignor(s) and provide auction services including, but not limited to, a sale facility, clerks, support staff, event advertising, and promotion. In connection with the auction, RMS will have absolute discretion with regard to the motor car(s) and any other lot(s) or any RMS auction as to (a) consulting any expert either before or after the sale, (b) researching the provenance, (c) grouping and providing catalogue and other descriptions as may be appropriate, (d) marketing and promotion of the sale, and (e) any other services required to conduct the sale.
4. Commissions. In the event that the motor car(s) or any other lot(s) are sold, the Consignor(s) agrees to pay the Sellers’ Commission on the last accepted bid to RMS, as indicated in the Commissions Section of the consignment package. Further, the Consignor(s) acknowledges that RMS will collect a Buyers’ Premium from the Buyer(s) of the motor car(s) or any other lot(s) in question based on the last accepted bid on the motor car(s) or any other lot(s). Please note that the Buyers’ Premium may be subject to change at the discretion of RMS if the standard Buyers’ Premium for the auction changes. To be clear, the Buyers’ Premium on the motor car(s) or any other lot(s) will not be different from the Buyers’ Premium for other motor car lot(s) or any other lot(s) in the auction.
5. Proceeds to Consignor(s).
5.1 As an accommodation to the Consignor(s), RMS agrees to act as an intermediary between the Consignor(s) and the Buyer(s) by accepting the purchase price from the Buyer(s), transferring the motor car(s) or any other lot(s) to the Buyer(s), and delivering the amounts due to the Consignor(s) under this agreement. If the motor car(s) or any other lot(s) are sold by RMS during the term of this agreement, the money due to the Consignor(s) shall be disbursed within twenty (20) business days after the sale provided the purchase price, applicable commissions, and fees have been received by RMS, in accordance with the terms of this agreement.
5.2 As used in this agreement, a “sale” occurs between the Consignor(s) and Buyer(s) when the hammer or equivalent device or mechanism drops on the last accepted bid or when the auctioneer awards the motor car(s) or any other lot(s) to the highest Bidder(s).
5.3 The Consignor(s) authorizes RMS to release the motor car(s) or any other lot(s) to the successful Buyer(s) upon RMS receiving full payment from the Buyer(s) or financing terms as agreed to with RMS.
5.4 The Consignor(s) agrees to rely solely upon the Buyer(s) for payment.
5.5 Before payment of any money due to the Consignor(s) is to be made, the Consignor(s) agrees to provide RMS with the documents necessary to transfer the ownership of the motor car(s) or any other lot(s) to the Buyer(s).
5.6 If RMS has reason to believe or is notified that the Consignor(s)’ breach or alleged breach of the Contractual Obligations or Consignor(s)’ action could potentially cause RMS liability (“dispute”), RMS, at its sole discretion, may withhold payment to the Consignor(s) until the dispute has been resolved; further, RMS may deduct any sums that are due to it from the sum held.
6. Exclusivity.
6.1 The Consignor(s) grants to RMS the exclusive right and authority to advertise and sell the motor car(s) or any other lot(s) for a period beginning with the date of this agreement and ending sixty (60) business days following the auction.
6.1.1 If the motor car(s) or any other lot(s) are sold prior to the auction and RMS has not agreed in writing to this sale, the motor car(s) or any other lot(s) will then be considered “withdrawn” from the auction by the Consignor(s), and the Consignor(s) agrees to abide by clause 19 Withdrawn Motor Car(s) or Any Other Lot(s) of these Conditions.
6.1.2 If the motor car(s) or any other lot(s) do not sell at auction, the Consignor(s) grants RMS the authority to list the motor car(s) or any other lot(s) for sale on RMS’ private sales website and advertise in other mediums at RMS’ discretion the motor car(s) or any other lot(s) for sale up to sixty (60) days after the auction.
6.1.2.1 RMS does not have the authority to unilaterally sell the Consignor(s)’ motor car(s) or any other lot(s) after the auction and must submit what RMS believes to be commercially reasonable offers for sale to the Consignor(s).
6.1.2.2 If the Consignor(s) agrees to the sale of the motor car(s) or any other lot(s), the Consignor(s) will be required to pay RMS a percentage of the sale price equivalent to the Buyers’ Premium (as charged in the auction), unless RMS and the Consignor(s) mutually agree to a different private sales commission.
7. Title, Registration Document(s), and/or Appropriate Document(s) Evidencing Chain of Ownership.
7.1. It is the absolute requirement of the Consignor(s) that they provide any and all title(s), registration document(s), or appropriate document(s) evidencing ownership and/or government registration(s) (such as Purchase Agreement(s) and Bill(s) of Sale) (“Title(s)”) to the motor car(s) or any other lot(s) to RMS prior to the auction of the motor car(s) or any other lot(s).
7.1.1. Consignor(s) should coordinate with Natalie Keogh of RMS’ Administration department either via email at nkeogh@rmsothebys.com or via telephone at +44 (0) 20 7851 7070.
7.2. The Consignor(s) warrants that the Consignor(s) is the sole and only owner of the motor car(s) and that the Consignor(s) has full right and authority to sell the motor car(s).
7.3. The Consignor(s) agrees to provide RMS with a good, clear, and transferable Title(s) to the motor car(s) in advance of the auction.
7.3.1. If for whatever reason RMS is forced to correct any Title(s) defect(s), the Consignor(s) agrees to pay for any and all reasonable expenses.
7.4. In order to facilitate and transfer the Title(s) for the motor car(s), the Consignor(s) agrees to sign a Power of Attorney attached in this Consignment Agreement package.
8. Non-Payment by Buyer(s). In the event of non-payment by the Buyer(s), RMS will endeavor to use reasonable efforts to enforce payment from the Buyer(s); however, RMS shall not be liable to the Consignor(s) for payment. If the Buyer(s) does not pay RMS, then at RMS’ sole discretion, RMS may cancel the sale and return the motor car(s) or any other lot(s) to the Consignor(s), enforce payment by the Buyer(s), or take other actions permitted by law. Notwithstanding the preceding sentences, if RMS has paid any portion of the purchase price to the Consignor(s), but the purchase price has not been collected from the Buyer(s) of the motor car(s) or any other lot(s), the Consignor(s) hereby agrees, simultaneously with such payment, to assign to RMS any and all rights that the Consignor(s) may have against such Buyer(s) to the extent of such payment, whether at law, in equity, or under the Contractual Obligations. The Consignor(s) agrees to execute any documents reasonably necessary to evidence this assignment, including, with respect to the Consignor(s)’ representations, warranties, and indemnities set forth in this agreement. The Consignor(s) authorizes RMS, at RMS’ sole discretion, to impose on any Buyer(s), and retain for RMS’ account, a late charge if payment is not made in accordance with the Contractual Obligations.
9. Motor Car(s) or Any Other Lot(s) Description(s).
9.1 The Consignor(s) agrees to accept sole responsibility and liability for any representations made by RMS that accurately repeat the information supplied by the Consignor(s) as to the character, features, condition, correctness, authenticity, or history of the motor car(s) or any other lot(s) and to indemnify, defend, and hold RMS harmless from any claims that may be made with respect to any such representations.
9.2 The Consignor(s) is required to review and approve all catalogue description(s) within two (2) business days of receiving the catalogue description(s) from RMS’ Research department.
10. Motor Car(s) or Any Other Lot(s) Operation.
10.1 The Consignor(s) warrants that the motor car(s) or any other lot(s) are in a safe, operable condition to be driven or moved by RMS’ employees or representatives. The Consignor(s) acknowledges that should RMS, at RMS’ sole discretion, determine that the motor car(s) or any other lot(s) are not safe to operate or move, the motor car(s) or any other lot(s) will not be allowed across the block under their own power.
10.2 The Consignor(s) authorizes RMS to perform minor work on the motor car(s) or any other lot(s) to facilitate the motor car(s) or any other lot(s) to start and drive across the auction block or be presentable for sale, the Consignor(s) will hold RMS harmless and indemnify RMS from any damage or liability caused by the minor work performed by RMS’ staff on the motor car(s) or any other lot(s).
11. Drivers. The Consignor(s) acknowledges and grants permission for RMS and its employees and agents to drive or move the motor car(s) or any other lot(s) from time to time before, during, or after the sale. The Consignor(s) acknowledges that it is the Consignor(s)’ responsibility to maintain sufficient insurance coverage to permit such driving or moving, and the Consignor(s) specifically agrees to indemnify, defend, and hold RMS harmless, as provided in this agreement, from any liability that may result from such driving or movement of the motor car(s) or any other lot(s).
12. No-Sale of Motor Car(s) or Any Other Lot(s).
12.1 At the termination of this agreement due to a no-sale, the Consignor(s) is required to remove their non-sold motor car(s), including motorcycle(s), boat(s), and trailer(s), from the auction site by five PM (5:00 p.m. EST) on Sunday, 13 May 2018, in the jurisdiction where the auction was held (“Removal Deadline”).
12.1.1 Contingent upon clause 12.1 being satisfied, the motor car(s) Title(s) (as long as the Consignor(s) do not owe RMS any money) will be returned to the Consignor(s) within sixty (60) business days.
12.2 RMS will remove the motor car(s), including motorcycle(s), boat(s), and trailer(s), and the Consignor(s) is required to pay RMS a €450,00 (EURO) removal fee plus VAT per motor car(s) and a daily storage fee of €40,00 (EURO) plus VAT per motor car(s).
12.2.1 Specifically if a boat lot(s) is not removed by the Removal Deadline, RMS will remove the boat lot(s), and the Consignor(s) is required to pay RMS a removal fee plus VAT per boat lot(s) and a daily storage fee plus VAT per boat lot(s). The removal fee and daily storage fee for the boat lot(s) will be determined based on the size of the boat lot(s) and therefore cannot be confirmed until the boat lot(s) is consigned. Please note that RMS will utilize Monaco Boat Services for the removal of any boat lot(s).
12.3 For the removal of any non-motor car lot(s), including but not limited to memorabilia, jewellery, and clothing, from the auction site, a direct shipping company will contact the Consignor(s) after the sale; please note that a reasonable memorabilia removal and storage fee will apply.
12.4 If the Consignor(s) has not removed their motor car(s) or any other lot(s) from the storage facility within six (6) months of the sale date, RMS has the right to enter the motor car(s) or any other lot(s) into an auction at no reserve or sell via private treaty for fair market value.
12.4.1 Please note that the storage facility that RMS utilizes in Monaco is only temporary and will be closed approximately one (1) month following the sale. All motor car(s) or any other lot(s) remaining in the storage facility in Monaco after one (1) month following the sale will be removed at the Consignor(s)’ expense to another storage facility at RMS’ discretion.
12.4.2 Once sold, RMS will retain all reasonable expenses, auction fees if sold via auction, and if sold via private treaty, a twenty percent (20%) commission; if there are any remaining funds, these will be returned to the Consignor(s) within thirty (30) business days of the sale.
12.5 RMS shall have the right to exercise a charge or lien on the non-sold motor car(s) or any other lot(s), or any other property belonging to the Consignor(s) in the possession of RMS if the Consignor(s) owe RMS money, and to apply any money due or to become due to the Consignor(s), to the outstanding money the Consignor(s) owes to RMS.
13. Cancellation/Rescission of Auction.
13.1 RMS will use reasonable efforts to avoid cancellation/rescission; however, RMS has the sole discretion to cancel/rescind the auction and will not be liable to the Consignor(s) for any losses or damages resulting from the cancellation/rescission if RMS believes the following events have occurred or have a reasonable probability of occurring:
13.1.1 Force Majeure events including, but not limited to:
13.1.1.1 Natural disaster, which despite reasonable efforts, restricts RMS from holding the auction;
13.1.1.2 Structural damage to the auction venue prior to the auction, which despite reasonable efforts, restricts RMS from holding the auction; and
13.1.1.3 Terrorist event, which despite reasonable efforts, restricts RMS from holding the auction.
13.1.2 Government/Court action, order, injunction, regulation, or law that necessitates a cancellation.
14. Cancellation/Rescission of Motor Car(s) or Any Other Lot(s).
14.1 RMS will use reasonable efforts to avoid cancellation/rescission; however, RMS has the sole discretion to cancel/rescind the sale of the motor car(s) or any other lot(s) and will not be liable to the Consignor(s) for any losses or damages resulting from the cancellation/rescission if RMS believes the following events have occurred or have a reasonable probability of occurring:
14.1.1 RMS opines that the motor car(s) or any other lot(s) have been intentionally and materially misrepresented by the Consignor(s);
14.1.2 RMS opines that physical damage to the motor car(s) or any other lot(s), which cannot be sufficiently repaired prior to the auction, occurred after this agreement was signed;
14.1.3 RMS is served with a lawsuit from a third party in relation to the motor car(s) or any other lot(s);
14.1.4 RMS faces significant reputational damages which would cause monetary damages for selling the motor car(s) or any other lot(s);
14.1.5 Material issues regarding Title(s), registration(s), or transfer of ownership that cannot be reasonably cured;
14.1.6 Material issues regarding the provenance, merchantability, or authenticity of the motor car(s) or any other lot(s) that cannot be reasonably cured; or
14.1.7 If there are legitimate claims, accusations, notices, or similar communications made by the Buyer(s) in regard to their purchase of a motor car(s) or any other lot(s) not being authentic, being misrepresented, having an encumbered title or registration, having undisclosed material issue, or having a similar claim, RMS has the right to retain the Buyer(s)’ funds on account and be the arbitrator as to the merit of the Buyer(s)’ claims and to cancel the sale of the motor car(s) or any other lot(s) and reimburse the payment to the Buyer(s) if RMS deems the Buyer(s)’ claims to be valid.
15. Estimates and Catalogue Descriptions. Any pre-sale estimates are intended as guides for prospective Bidder(s). RMS makes no representation or warranty of the anticipated selling price of the motor car(s) or any other lot(s), and no estimate anywhere by RMS of the selling price of the motor car(s) or any other lot(s) may be relied upon as a prediction of the actual selling price. Estimates included in catalogues, online, pre-mailers, any advertisements, or elsewhere are preliminary only, and they are subject to revision by RMS from time to time at its sole discretion. The Consignor(s) acknowledges that RMS will not be liable for any errors or omissions in the catalogue or other descriptions of the motor car(s) or any other lot(s), and these descriptions make no guarantees, representations, or warranties whatsoever to the Consignor(s) with respect to the motor car(s) or any other lot(s), their attribution, legal title, condition, value, or other characteristics.
16. Odometer Statement. The Consignor(s) agrees to provide a duly executed odometer statement on or before the first day of the auction and to accept sole responsibility for the accuracy or inaccuracy of such statement.
17. Reserve(s).
17.1 The reserve price(s) noted in the fillable section of the Auction Consignment Agreement is the lowest bid acceptable to the Consignor(s). The reserve(s) may be lowered at any time by the Consignor(s), either verbally or in writing, but they may not be raised. The reserve(s) do not include commissions to RMS. RMS has the right to sell the motor car(s) or any other lot(s) at a price below the agreed verbal or written reserve(s) provided that the Consignor(s) receives the same net proceeds as the Consignor(s) would have received had the reserve(s) been met. If no reserve(s), indicate clearly by writing “NONE” in the space provided in the fillable section of the Auction Consignment Agreement.
17.2 If RMS contributes to the hammer price to meet the reserve(s), the reserve(s) for the respective motor car(s) or any other lot(s) become the hammer price plus RMS’ contribution for purposes of commissions.
18. Insurance. The Consignor(s) will be responsible for maintaining adequate property insurance on the motor car(s) or any other lot(s) at all times, and this insurance must be at least equal to the aggregate low pre-sale auction estimate for the motor car(s) or any other lot(s), which in each case shall include insurance for damages to the motor car(s) or any other lot(s) and shall not be cancellable by the insurance company until after ownership and Title(s) have passed to the Buyer(s) and the Buyer(s) have taken possession of the motor car(s) or any other lot(s) from RMS. RMS does not maintain insurance with respect to the Consignor(s)’ motor car(s) or any other lot(s), but RMS does carry Garage Keeper’s Insurance to cover RMS employees’ acts of gross negligence while the motor car(s) or any other lot(s) are in the care, custody, and control of RMS. With the exception of RMS’ employees’ acts of gross negligence, the Consignor(s) agrees that RMS and its respective affiliates and agents will not be responsible for, and the Consignor(s) releases RMS and its respective affiliates, agents, and warehouses from, any and all liability for loss of, theft of, or damage to the motor car(s) or any other lot(s).
19. Withdrawn Motor Car(s) or Any Other Lot(s).
19.1 The Consignor(s) acknowledges that RMS has incurred and will incur significant costs preparing, advertising, marketing, and promoting the motor car(s) or any other lot(s) for the auction.
19.2 If the Consignor(s) withdraws one or more of the motor car(s) or any other lot(s) from the auction after the signing of this agreement, the Consignor(s) will pay RMS the Buyers’ Premium and Sellers’ Commission that would have been due under this agreement, had the motor car(s) or any other lot(s) met (i) their reserve(s), (ii) if offered without reserve(s) then the motor car(s) or any other lot(s) published low estimate(s), or (iii) if no published low estimate(s), then the motor car(s) or any other lot(s) fair market value as determined by RMS, by five PM (5:00 p.m.) of the next business day following the auction.
20. Legal Action.
20.1 These Conditions (and any dispute or claim relating to them or their subject matter, their enforceability, or their termination (including non-contractual claims)) are to be governed by and construed in accordance with English law.
20.2 The courts of England and Wales shall have jurisdiction to settle any claim, dispute, or issue whether arising out of or in connection with these Conditions or otherwise (including non-contractual claims). In the case of a dispute which is the subject of a claim by RMS, such jurisdiction shall be non-exclusive. In any other case, such jurisdiction shall be exclusive, and the Buyer(s) and Consignor(s) agree that it will not institute proceedings in the courts of the country other than England and Wales.
21. Marketing Fee. The marketing fee is non-refundable and is not credited toward the sales commission.
22. Bidding Restrictions. The Consignor(s) hereby agrees not to bid on his/her/their motor car(s) or any other lot(s). Although the auctioneer shall be entitled to bid on the Consignor(s)’ behalf up to the amount of the reserve(s) (if applicable), the Consignor(s) shall neither instruct nor permit any other person to bid on behalf of the Consignor(s) for his/her/their motor car(s) or any other lot(s). If, however, in violation of the foregoing, the Consignor(s) (or his or her agent) bids on his/her/their motor car(s) or any other lot(s) and becomes the successful Bidder(s), the expenses, entry fee, repair expenses, Buyers’ Premium, and Sellers’ Commission on the hammer price shall be payable by the Consignor(s). If the Consignor(s) does not pay in accordance with this clause, his/her/their motor car(s) or any other lot(s) may be sold without reserve(s).
23. Anti-Freeze is the Responsibility of the Consignor(s).
23.1 As the Consignor(s)’ motor car(s) or any other lot(s) could be shipped to a location where below freezing temperatures are a possibility, it is the Consignor(s)’ responsibility to ensure that within the last six (6) months they have winterized their motor car(s) or any other lot(s) for shipping in freezing temperatures. Winterizing one or more of the motor car(s) or any other lot(s) means that the Consignor(s) has completely filled and properly mixed, at a minimum, negative twenty degrees Fahrenheit rated (-20°F) anti-freeze into their motor car(s) or any other lot(s) radiator(s).
23.2 If any damage occurs because the Consignor(s) did not properly winterize their motor car(s) or any other lot(s), it will be the Consignor(s)’ responsibility to cover the damages, and RMS may recap these damages from the Consignor(s)’ settlement. If it is found that the Consignor(s) did not properly winterize their motor car(s) or any other lot(s), the associated costs with checking, filling, and disposing the anti-freeze will be recapped from the Consignor(s)’ settlement; if the motor car(s) or any other lot(s) are not sold, the Consignor(s) must pay RMS before the Consignor(s) can re-take possession of their motor car(s) or any other lot(s). If already settled, the Consignor(s) must pay RMS directly.
24. Entire Agreement. This document contains the entire agreement between the parties and shall be binding upon them and their respective heirs, personal representatives, and assigns. Except as otherwise expressly provided herein, this agreement shall not be modified, except in writing. Whenever used in this agreement, as the contract requires, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine and neuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the masculine and feminine.
25. No Legal or Tax Advice. This agreement is an important legal document. The Consignor(s) acknowledges that the Consignor(s) has had the opportunity to consult an attorney before signing this agreement and has signed this agreement after having the opportunity to consult with an attorney of their own choosing. Notwithstanding any references to any transactions or arrangements in this agreement, or any contemporaneous written, oral, or implied understandings of the Parties relating to the subject matter of this agreement, RMS has not provided legal or tax advice or tax planning services to the Consignor(s) or for the Consignor(s)’ benefit in connection with the transactions contemplated by this agreement, and no one at RMS has acted as the Consignor(s)’ attorney or tax advisor.
26. Money Laundering. The Consignor(s) agrees to provide all information and assistance reasonably requested by RMS to comply with RMS’ internal Anti-Money Laundering process and to comply with any and all Money Laundering Laws and Regulations in force in the jurisdiction in which the auction is held.
27. Photography, Videography, and Illustrations. All photographs, videography, and illustrations commissioned by RMS for the motor car(s) or any other lot(s) are the absolute property of RMS and RMS shall have the absolute right to use the photographs, videography, and illustrations as RMS deems fit.
28. Vehicle Registration Number(s) (if applicable).
28.1 If the Consignor(s) wishes to sell the motor car(s) but retain the right to the registration number(s) of the motor car(s), it is the Consignor(s)’ responsibility to notify RMS in writing.
28.2 It shall be the Consignor(s)’ responsibility to take all necessary steps to ensure that the current motor car(s) registration number(s) is reserved and that a new number is allocated prior to the motor car(s) being sold at the auction, and if the Consignor(s) does not do so RMS shall not be responsible for any loss or damage whatsoever arising out of the sale of the motor car(s) or its registration number(s).
28.3 RMS may, at its discretion (without any assumption of responsibility or duty toward the Consignor(s) or the Buyer(s)), take such steps to facilitate the reservation or transfer of any particular registration number(s) as it thinks fit in order to assist the Consignor(s) or Buyer(s) but strictly on condition that no claim attaches to RMS for taking any such steps whether arising out of RMS’ negligence or any other cause whatsoever.
29. Motor Car(s) or Any Other Lot(s) Under Temporary Import.
29.1 A temporary import bond is used in all European sales. If a motor car(s) or any other lot(s) is brought into Europe from a country outside of Europe, the motor car(s) or any other lot(s) must be placed on either RMS’ bond in the United Kingdom or one of RMS’ nominated custom agencies for Paris, Monaco or Italy. Fees and charges vary from sale to sale, and for some countries this is also determined by the value of the motor car(s) or any other lot(s).
29.2 Motor car(s) or any other lot(s) subject to temporary importation restrictions cannot be discharged from RMS’ custody without the completion of customs procedures and until full payment has been received. Customs charges will be levied appropriately depending on each individual scenario and will be payable directly to the relevant authorities, which RMS will provide the details of as and when necessary.
29.3 If the motor car(s) or any other lot(s) does not sell at auction, the motor car(s) or any other lot(s) must be re-exported to the country of origin, transferred to another temporary bond or alternatively the Consignor(s) must pay any and all relevant taxes if the Consignor(s) would like the motor car(s) or any other lot(s) to remain in Europe. The motor car(s) or any other lot(s) cannot be released from RMS’ care until an option is executed.
29.3.1 Should the Consignor(s) decide for the motor car(s) or any other lot(s) to remain in Europe when purchased, the Buyer(s) is responsible to pay any and all import fees for the motor car(s) or any other lot(s).
30. Translated Consignor(s)’ Conditions of Business. If there is a contradiction due to translation in our Consignor(s)’ Conditions of Business, please note that the English version of RMS’ Consignor(s)’ Conditions of Business will supersede.