Bidders' Conditions of Business
• Terms of Sale
The Bidder shall be the highest bidder at the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at his absolute discretion. ALL BIDS ARE FINAL AT AUCTION. 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 merchandise and are responsible for payment in full. No bidder may retract a bid made during the sale for any reason.
Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by RM that a bidder acts as agent on behalf of the [named] principal.
No person shall be entitled to bid at the Auction without first having completed and delivered to RM a bidder’s registration form [and bidders attention is drawn to the information in the Catalogue under the heading “General Information”].
• Buyer’s Fee
In the case of motor vehicle lots, the Buyer shall pay RMA an amount equal to 12% of the Hammer Price together with VAT thereon (“the Premium”) and the Buyer acknowledges that RMA may also receive the Seller’s Commission due to RMA under Condition 10.
On other lots other than motor vehicles, the buyer shall pay 17% of the Hammer Price together with VAT thereon (“the Premium”) and the Buyer acknowledges that RMA may also receive the Seller’s Commission due to RMA under Condition 10.
• Value Added Tax
VAT payable by the Buyer on the Hammer Price may be refundable by H.M. Customs and Excise on proof of export. RM makes no warranties in this regard.
• Terms of Payment
A contract of sale is made between the Seller and the Buyer on the acceptance of a bid by the fall of the Auctioneer’s hammer. RMA is not a party to the contract of sale and has no liability for any act or default by the Seller or the Buyer.
Immediately a Lot is sold, the Buyer shall:-
- give to RMA his name and address and, if so requested, proof of identity if he has not already done so; and
- pay to RMA the Purchase Price unless credit terms have been agreed with RMA in writing before the Auction.
Full payment for all Lots must be made to RMA by means of bankers draft, cash telegraphic transfer or debit card in pounds sterling or the currency in which the sale was conducted. Where the Buyer wishes to pay by cheque and RMA has agreed that the Buyer may do so, the Lot will not be released until the cheque has been cleared.
No Lot may be collected until the Purchase Price has been received by RMA and payments by a Buyer to RMA may be applied by RMA towards any such sums due from that Buyer to RMA on any account whatsoever notwithstanding any directions to the contrary by the Buyer or his agent whether express or implied.
Title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by RMA.
Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and title will not pass to the Buyer before payment of the Purchase Price and RMA will not be responsible for any damage to or the loss or destruction of the Lot or any injury, loss or damage caused by the Lot unless caused by the negligence of or other breach of duty by RMA, its employees or agents in the ordinary course of their duties to RMA. The Buyer will compensate RMA in full in respect of all claims and proceedings brought against RMA in respect of any loss or damage to the Lot or injury, loss or damage caused by it not arising from the negligence of or other breach of duty by RMA, its employees or agents in the ordinary course of their duties to RMA.
Should a bidder default on payment in any manner whatsoever, without limiting any recourse RMA may have, bidder agrees to pay RMA all lost auction fees (which is the maximum published rates for (1) the seller’s commission, (2) the buyer's premium, and (3) the entry), this amount is due and payable without relief. Bidder will also be liable to seller for its damages. Bidder hereby authorizes RMA to deduct these lost auction fees from bidder's cash deposit, or to charge this amount to bidder's credit card provided. Bidder agrees not to dispute this charge with the credit card company at any time. Bidder agrees to also pay RMA’s costs of collection, including attorneys’ fees and costs.
• Conditions of Sale
Information contained in the RMA Auction catalogues and brochures are based on either detailed reports prepared by independent experts or based on information provided by the consignor to the best of their knowledge. Neither Consignor nor RMA warrants or represents that the information contained therein is accurate and therefore the Bidder acknowledges that he or she accepts that the information contained in the catalogue is a statement of opinion and not a statement of fact and is satisfied with, and assumes full responsibility for the accuracy and content of the catalogue and brochure descriptions. All vehicles are sold as is, where is, with no representations or warranties, expressed or implied. CONSIGNOR AND RM AUCTIONS, INC. 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, MODEL, OPTIONS, TOOLS, OR MILEAGE OF ANY VEHICLE OR COMPONENT OF ANY VEHICLE, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
• Risk or Loss
Bidder is responsible of all risk of loss or damage immediately upon purchase of the vehicle or item, which occurs at the time of sale when bidder is declared by the auctioneer to have the successful bid. All vehicles or items purchased must be removed from the auction site at the bidder’s expense immediately following the sale. If not removed by the end of the day following the sale, RMA will remove the vehicle or item with all costs of moving and storage to be paid by the bidder.
• Other Terms
Vehicles not marked as “no reserve” (or similar) are subject to a reserve bid set by the Consignor. When a vehicle 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. Bidder is responsible to pay all city, state or other taxes due for which the buyer does not qualify as exempt. Proof of exemption is bidder’s responsibility.
In the event either party brings action against the other from or relating to this bid card or any auction held in connection herewith, the prevailing party as, determined by the court, shall be entitled to recover its reasonable attorneys' fees and costs. The law of the country in which the auction is held shall govern the provisions of this bid card. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which Como, Italy is located.
You are responsible for all bids made with this bidder number, whether or not made by you and whether or not authorized by you. If your bidder card is lost or stolen, immediately report same to RMA as all bids made with this bidder number will be your responsibility.
Consignors' Conditions of Business