RM Sotheby’s is thrilled to offer a totally unique Porsche Classic-restored 911 S 2.4 Targa from 1972, a homage to F.A. Porsche, on our Sotheby’s New York platform. For the past two years, Porsche Classic has been working on a unique project to celebrate 50 years of Porsche Design. To mark the anniversary, Porsche Classic has restored a 911 S 2.4 Targa from 1972—the year that Porsche Design was founded. In tribute to Ferdinand Alexander Porsche, the one-of-a-kind vehicle features the same colors as the legendary Chronograph I watch that he designed in 1972: the color black dominates both the exterior and the interior of the restored vehicle.
Bidders' Conditions of Business
BIDDER’S CONDITIONS OF BUSINESS
1. Introduction.
1.1. Please ensure that you read and understand these Bidder’s Conditions of Business (the “Conditions of Business”) prior to bidding on a motor car or any other lot (the “Lot(s)”) at the auction utilizing the RM Auctions, Inc. d.b.a. RM Sotheby’s or any affiliated, executors, beneficiaries, successors, assigns, or designated companies (“RMS”) online platform.
1.2. Each bidder in the auction (the “Bidder”) is responsible to understand, review, and agree to these Conditions of Business. As a Bidder, you are agreeing to be bound by these Conditions of Business for the auction. Please note that, these Conditions of Business are subject to change from time to time and will be posted on RMS’ website as the case may be. Bidders are encouraged to contact RMS’ Client Service department at clientservices@rmsothebys.com with any questions or concerns regarding these Conditions of Business.
1.3. RMS’ contractual relationship with the Bidders is governed by:
1.3.1. These Conditions of Business;
1.3.2. The Conditions of Business displayed on RMS’ website;
1.3.3. The Key to Lot Symbols and/or Legend referenced in the auction catalogue and/or Lot(s) description on www.rmsothebys.com (the “Website”) as the case may be; and
1.3.4. In each case as amended by any notice, announcement, or website update.
(Clauses 1.3 to 1.3.4 collectively, the “Contractual Obligations”)
1.4. As auctioneer, RMS acts as the agent for the relevant consignor of the Lot(s) (the “Consignor”).
2. Bidder Due Diligence Responsibilities. The Bidder is responsible for any and all due diligence including, but not limited to, inspections and verification of the originality, character, features, condition, correctness, authenticity, history or description, statements made in reference to, ability to register, comply with local environmental or safety standards or regulations (not limited to emission standards) or any and all other matters regarding the Lot(s) offered at the auction (“Bidder Due Diligence”).
3. All Sales Are “As Is” and “Where Is.” No warranties or representations of any type whatsoever are made by RMS or any Consignor to the Bidder regarding the Lot(s) offered in the auction. Lot(s) descriptions, statements printed in catalogues or online content, pre-mailers, advertisements, brochures, signs, and window cards, as well as verbal statements made by Consignors, or auction staff, are based on statements and historical files, if any, collected from the Consignor and other third-party sources, and RMS has no obligation to verify or authenticate any such statements. The Lot(s) is sold as is, where is, with no representations or warranties, expressed or implied. THE CONSIGNORS 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 THE LOT(S) OR COMPONENT OF THE LOT(S), AND THEY SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
4. Services. RMS may provide services including clerks, support staff, advertising, and promotion. In connection with the auction, RMS will have absolute discretion with regard to the Lot(s) as to (a) consulting any expert either before or after the auction, (b) researching provenance, (c) grouping and providing descriptions as may be appropriate, (d) marketing and promotion of the Lot(s), and (e) any other services required to conduct the auction of the Lot(s).
5. Bidding at Auction.
5.1. Bidding on the Lot(s) will open to registered Bidders on 29 November 2022 at 12:00 p.m. EST and is expected to close on 14 December 2022 at 12:00 p.m. EST (the “Close of Lot(s)”).
5.2. To bid at the auction, a Bidder must satisfy any and all RMS Bidder registration requirements which include, but are not limited to, (i) being at least 18 years of age; (ii) providing RMS with a copy of a valid form of government-issued identification; (iii) providing RMS with a bank letter written on bank letterhead; RMS may waive this requirement at its sole discretion; (iv) providing RMS with a copy of a credit card; and (v) providing RMS with copies of any and all required financial documents including, but not limited to, financial references, guarantees, deposits, and/or such other security, at RMS’ absolute discretion, as security for any bid (together “Bidder Registration Requirements”).
5.2.1. If planning to pay via cryptocurrency the Bidder must, prior to the opening of the auction, complete all Bidder Registration Requirements and contact RMS’ Client Service department at clientservices@rmsothebys.com for further information on potentially utilizing BitPay to facilitate the use of cryptocurrency. In order to process cryptocurrency, there is a vendor fee of 1% that is applicable to the total Purchase Price. The embedded BitPay invoice includes the 1% added vendor fee. Please note RMS and BitPay reserves all rights to reject a payment with a cryptocurrency.
5.3. Please note that, even if a Bidder has satisfied and/or met some or all of the Bidder Registration Requirements for previous RMS auctions, all Bidders will be required to satisfy and/or meet the Bidder Registration Requirements for the auction specifically prior to being accepted to bid.
5.4. If the Bidder does not satisfy and/or meet the Bidder Registration Requirements, RMS, at its sole discretion, may not allow the Bidder to register to bid at the auction.
5.5. Once you have satisfied the Bidder Registration Requirements, you will be able to place bids against the Lot(s) at the auction. To place a bid, the Bidder must follow the instructions and processes on the auction platform.
5.6. Once made, no Bidder may retract a bid made during the auction for any reason.
5.7. If a bid placed by another bidder exceeds your bid, you will be notified via the email address you provided during registration, and the webpage of the Lot(s) will indicate you have been outbid.
5.8. If a bid is placed within the final two minutes of the bid acceptance period for the Lot(s), the auction period for the Lot(s) will be extended by an additional two minutes to prevent a Bidder from trying to place a high bid in the final moments of the auction for the Lot(s).
5.9. There is no “cooling-off period”, cancellation, or rescission of bids.
5.10. If at the end of the auction, you are awarded the final bid on the Lot(s), ownership automatically changes hands at the Close of Lot(s). At the Close of Lot(s), you are now the legal owner (the “Buyer”) of the Lot(s) and are responsible for payment in full.
5.10.1. To clarify, the term “Close of Lot(s)” shall be defined as the time that the time-based auction expires.
5.11. The Buyer is responsible for all risk of loss or damage and insurance immediately upon purchase of the Lot(s).
5.12. RMS reserves the right to reject any bid. The highest Bidder at the Close of Lot(s) will be the Buyer. RMS has absolute and sole discretion in the case of error or dispute with respect to bidding and, RMS has absolute and sole discretion, whether during or after the sale, to determine the successful Bidder, to re-open the bidding, to cancel the sale, or to re-offer and re-sell the Lot(s) in dispute. If any dispute arises after the sale, RMS’ sale record is conclusive. RMS is not responsible for any errors or omissions in connection with the calling, displaying, accepting, or rejecting of bids.
5.13. By participating in the auction, the Bidder represents and warrants that any bid placed by them, or on their behalf, is not the product of any collusive or other anti-competitive agreement and is otherwise consistent with applicable competition law.
5.14. For further details on requirements to bid, please contact a client services representative at clientservices@rmsothebys.com.
6. Currency: The Lot(s) will be sold at the auction in USD ($). If the Bidder is planning to pay via cryptocurrency, please refer to clause 5.2.1. of these Conditions of Business.
7. Purchase Price.
7.1. The purchase price shall consist of the following:
7.1.1. the Hammer Price (defined below) of the Lot(s);
7.1.2. the applicable Buyer’s Premium (defined below); and
7.1.3. any applicable Expenses and Fees (defined below).
(Clauses 7.1 to 7.1.3 together are “Purchase Price”)
8. Buyer’s Premium.
8.1. In addition to the Hammer Price, the Buyer is required to pay RMS a percentage of the Hammer Price as outlined below, which RMS retains as the Buyer’s Premium for the purchase of the Lot(s) (“Buyer’s Premium”):
8.1.1. In the event of a final Hammer Price of $250,000.00 USD and below on the Lot(s), RMS will receive a Buyer’s Premium of 12%.
8.1.2. In the event of a final Hammer Price above $250,000.00 USD on the Lot(s), RMS will receive a Buyer’s Premium of 12% on the first $250,000.00 USD and will receive a Buyer’s Premium of 10% on the Hammer Price above $250,000.00 USD.
9. Taxes. The Buyer is responsible to pay all applicable taxes, duties, tariffs, and any and all other government mandated costs associated with purchasing the Lot(s) (“taxes”). Further, as mandated in multiple applicable jurisdictions, RMS is required to remit taxes; as applicable, RMS will outline the additional taxes on your invoice.
10. No Legal or Tax Advice.
10.1. These Conditions of Business are an important legal document. The Bidder acknowledges that the Bidder has had the opportunity to consult an attorney before accepting these Conditions of Business and, has entered into this agreement after having the opportunity to consult with an attorney of their own choosing. Notwithstanding any references to any transactions or arrangements in these Conditions of Business or, any contemporaneous written, oral, or implied understandings of the parties relating to the subject matter of these Conditions of Business, RMS has not provided legal or tax advice or tax planning services to the Bidder or for the Bidder’s benefit in connection with the transactions contemplated by these Conditions of Business and, no one at RMS has acted as the Bidder’s attorney or tax advisor. As a condition of bidding at the auction, 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 the Lot(s) at the auction. A further condition of bidding at the auction is that the Bidder holds RMS harmless from any and all tax or regulatory issues that arise due to Tax and Ownership Information (defined below) that RMS provides.
10.2. In order to assist Bidders with this process, RMS may provide information about the tax status of the Lot(s) as well as any ownership or registration papers that will be supplied with the Lot(s) (“Tax and Ownership Information”); however, this information is being provided merely to assist Bidders in their determination of their own tax and regulatory responsibilities.
11. Credit Card Hold. Please note that in order to register to bid at the auction, RMS requires a hold of $5,000.00 USD to be placed on the Bidder’s credit card from the date of registration until the close of the auction (“CC Hold”). If the Bidder is not the Buyer of the Lot(s), the CC Hold will be removed from the credit card in accordance with the Bidder’s specific credit card companies’ procedures. If the Bidder is the Buyer of the Lot(s), the Bidder will be required to make payment to RMS in accordance with clause 13 (Payment) of these Conditions of Business.
12. Expenses and Fees: Expenses and fees as outlined in these Conditions of Business include, but are not limited, to transportation, duty, storage, insurance, and taxes (collectively “Expenses and Fees”). The Buyer will be required to pay the applicable Expenses and Fees to RMS in addition to the Hammer Price and applicable Buyer’s Premium in accordance with clause 13 (Payment).
13. Payment.
13.1. Subject to fulfillment of the Contractual Obligations, at the Close of Lot, the bill of sale between the Consignor and the Bidder is concluded and irrevocable.
13.2. The value of the last accepted bid upon the Close of Lot is the Hammer Price (“Hammer Price”).
13.3. Payment is due in full on or before 5:00 p.m. EST / EDT of the next business day (“Payment Deadline”), and payment is to be made to RMS.
13.4. The auction will be conducted in United States Dollars ($) and all payments are required to be made in United States Dollars. Further, all payments must be in the form of cash, certified funds, or wire transfer unless other arrangements have been approved in advance. Cash payments will be reported according to U.S. federal government requirements.
13.5. RMS is not obligated to release the Lot(s) to the winning Bidder until the Buyer has met all of the Contractual Obligations and paid the Purchase Price.
14. Non-Payment.
14.1. In the event that the Buyer does not pay any portion of the Purchase Price by the Payment Deadline, the Bidder agrees to and acknowledges that RMS has the sole discretion to do any one or any combination of the following:
14.1.1. Cancel/rescind the sale of the Lot(s). If the sale is cancelled/rescinded due to non-payment, RMS will not be liable to the Bidder for any losses or damages resulting from the cancellation/rescission.
14.1.2. Assume the rights of the Consignor to pursue the Buyer for any amounts paid to the Consignor whether at law, in equity, or under these Conditions of Business.
14.1.3. Deduct the Purchase Price from the Bidder’s cash deposit and/or charge the Purchase Price to the credit card that the Bidder has provided. If the Bidder’s cash deposit and/or credit card payment does not cover the Purchase Price, in addition to other remedies available by law, RMS reserves the right to impose, from the Payment Deadline until the full Purchase Price has been made by the Buyer, a late charge of (1) the U.S. Prime Rate then in effect, as published by The Wall Street Journal (“U.S. Prime Rate”) + 4.00% for up to the first 60 calendar days after the Payment Deadline and (2) the U.S. Prime Rate + 8.00% thereafter until the full Purchase Price has been made by the Buyer on the:
14.1.3.1. Purchase Price;
14.1.3.2. Any collection costs, attorneys’ fees, and court costs incurred to enforce payment; and
14.1.3.3. Other damages reasonably related to the Bidder’s non-payment.
14.1.3.4. Please note that the U.S. Prime Rate as outlined above will be adjusted daily to account for changes in the U.S. Prime Rate and may increase or decrease during the term of these Conditions of Business.
14.2. In the event of a non-payment, the Buyer will INDEMNIFY, DEFEND (WITH RMS’ SOLE CHOICE OF COUNSEL), AND HOLD RMS AND ITS AFFILIATES HARMLESS FROM ANY CLAIMS, DEMANDS, LOSSES, EXPENSES, DAMAGES, COSTS, ACTIONS, AND LIABILITIES INCLUDING, AND WITHOUT LIMITATION TO, COURT COSTS AND ATTORNEYS’ FEES, OF WHATEVER KIND OR NATURE THAT MAY OR MAY NOT OCCUR, WHETHER KNOWN OR UNKNOWN, ON THE ACCOUNT OF, ARISING OUT OF, OR RELATED TO THE LOT(S), THE NON-PAYMENT, OR RMS’ ACTIONS TAKEN IN ACCORDANCE WITH CLAUSE 14.1.
15. Reserves.
15.1. The Lot(s) is subject to a reserve set by the Consignor. When the Lot(s) is sold subject to a reserve, the auctioneer may bid on the Consignor’s behalf up to and including an amount not to exceed the amount of the reserve.
15.2. If RMS contributes to the Hammer Price to meet a reserve, the reserve for the Lot(s) becomes the Hammer Price plus RMS’ contribution for purposes of commissions.
16. Cancellation/Rescission of Auction.
16.1. 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 for any losses or damages resulting from the cancellation/rescission if RMS believes the following events have occurred or have a reasonable chance of occurring:
16.1.1. Force Majeure events including but not limited to:
16.1.1.1. Any natural disaster that, despite reasonable efforts, restricts RMS from holding the auction in its contemplated form; and
16.1.1.2. Any terrorist event, pandemic (including resulting governmental restrictions), war, as well as any “guideline” or “recommendation” by government (local, state/province, or federal/national) and/or accredited health organizations (including the World Health Organization) that, despite reasonable efforts restricts RMS from holding the auction in its contemplated form.
16.1.2. Government/court actions, orders, injunctions, regulations, laws, or non-compliance with applicable rules, regulations, or laws to hold an auction that necessitate or make prudent a cancellation.
17. Cancellation/Rescission of Lot(s).
17.1. RMS will use reasonable efforts to avoid cancellation/rescission; however, RMS has the sole discretion to cancel/rescind the sale of the Lot(s) and will not be liable to the Bidder for any losses or damages resulting from the cancellation/rescission if RMS believes the following events have occurred or have a reasonable chance of occurring:
17.1.1. RMS opines that the Lot(s) has been intentionally or materially misrepresented by the Consignor;
17.1.2. RMS opines that physical damage to the Lot(s), which cannot be sufficiently repaired prior to the auction, occurred after these Conditions of Business were formed;
17.1.3. RMS is served with a lawsuit or threatened with a dispute from a third party in relation to the Lot(s);
17.1.4. RMS faces significant reputational damages that would cause monetary damages for offering or selling the Lot(s);
17.1.5. Material issues regarding title, registration, or transfer of ownership that cannot be reasonably cured or, RMS believes would expose it to claims or disputes from a third party;
17.1.6. Material issues regarding the provenance, merchantability, or authenticity of the Lot(s) that cannot be reasonably cured or, RMS believes would expose it to claims or disputes from a third party;
17.1.7. Government/court actions, orders, injunctions, regulations, laws, or non-compliance with applicable rules, regulations, or laws to sell the Lot(s) at the auction that necessitate a cancellation; or
17.1.8. If there are disputes, claims, accusations, notices, or similar communications made by the Buyer in regard to their purchase of the 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 including, to cancel or rescind the sale of the Lot(s) and reimburse the payment to the Buyer if RMS in its sole discretion deems the Buyer’s claims to be valid.
18. Online Services Are “As Available” and “As Is.”
18.1. All bids on the Lot(s) will be via RMS’ online auction platform.
18.2. Although RMS endeavors to keep a safe, secure, and functioning auction, RMS cannot guarantee the continuous operation of or access to the auction or, a Bidder’s ability to connect and navigate the auction. Bid update and other notification functionality may not occur in real time. Such functionality is subject to delays beyond RMS control.
18.3. Bidders agree that they are making use of the auction at their own risk and that the auction is being provided to Bidders on an “AS AVAILABLE” and “AS IS” 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.
19. Removal of Purchased Lot(s).
19.1. Upon the conclusion of the auction, at the Consignor’s expense, the Lot(s) will be moved by RMS and taken to a secure storage facility in New Jersey.
19.2. Upon complete payment being made in accordance with clause 13 (Payment), RMS will work with the Buyer to coordinate the removal and transport of the Lot(s) from the secure storage facility in New Jersey.
19.3. If instructions for transport have not been received within 1 business day of the Close of Lot(s), the Buyer will be charged a daily storage fee of $50.00 USD until the Lot(s) is removed.
19.4. Please note, it is the Buyer’s responsibility to insure the Lot(s) whilst in storage.
19.5. If the Lot(s) is not removed from the storage facility within one calendar year of the Removal Deadline and, other arrangements have not been made, RMS has the right to (i) auction the Lot(s), (ii) retain its standard Buyer’s Premium and Expenses and Fees, and (iii) return any remaining funds, if any, to the Buyer within 30 business days of the sale.
20. Legal Action. These Conditions of Business shall be interpreted in accordance with the laws of the State of New York, U.S., without regard to choice of law principles. Any dispute, claim, or controversy arising out of or relating to these Conditions of Business or the breach, termination, enforcement, interpretation, or validity thereof including, the determination of the scope or applicability of these Conditions of Business, shall exclusively be subject to arbitration and shall first be subject to mediation as a condition precedent to arbitration. If mediation is unsuccessful, the parties shall proceed to arbitration near New York before one arbitrator and, all proceedings shall be conducted in English. The mediation and arbitration shall be administered by the American Arbitration Association pursuant to the AAA Commercial Arbitration Rules and Mediation Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that either party brings action against the other, arising from or relating to this auction, the prevailing party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals. To the fullest extent permitted by law, the Bidder agrees that the maximum liability of RMS arising out of or related to these Conditions of Business or any claim or dispute between the parties regarding the Lot(s) or the auction shall be the Buyer’s Premium that would have been due under clause 8 of these Conditions of Business had the Lot(s) met its reserve.
21. Packing and Shipping. RMS is not responsible for the acts or omissions in our packing or shipping of the purchased Lot(s) or of other carriers or packers of the purchased Lot(s), whether or not recommended by RMS. Packing and handling of the purchased Lot(s) is at the entire risk of the Buyer.
22. Data Use. The Bidder agrees to allow RMS to use their personal information in accordance with RMS Privacy Policy. RMS uses your personal information to provide services specifically tailored toward your requirements and to treat you in a personal way; to fulfill your agreements regarding the consignment and purchase of items at RMS auctions, the auction, and private sales; to provide you with information on upcoming sales; to carry out analysis and market research; to undertake targeted online advertising; to send status updates and service communications; to improve our websites, products, and services; to provide payment services; and for management and administrative purposes. The full Privacy Policy can be found at the bottom of the RMS website homepage under the Privacy & Terms tab. If you wish to ask any questions regarding the use of your personal information, to request a full accounting of what personal information is on file with RMS, or to unsubscribe to any services or purge your personal information from RMS’ systems, please email privacy@rmsothebys.com.
23. Anti-sniping: If a bid is placed within the final two minutes of bids being accepted on an individual Lot(s), the auction may be extended up to an additional two minutes to prevent a Bidder from trying to place a high bid in the final moments of the auction for the Lot(s).
24. Anti-Money Laundering. The Bidder 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 applicable anti-money laundering laws and regulations.
25. Entire Agreement. This document shall be binding upon the parties and their respective heirs, personal representatives, and assigns. Except as otherwise expressly provided herein, these Conditions of Business shall not be modified, except in writing. Whenever used in these Conditions of Business, as the bill of sale 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.
26. Translations.
26.1. If there is a discrepancy, contradiction, or question of interpretation regarding enforceability between the English version of the Conditions of Business and a version of the Conditions of Business produced in a language other than English, the English version of RMS’ Conditions of Business will supersede.
26.2. If there is a discrepancy, contradiction, or question of interpretation in a description for the Lot(s), online or otherwise between the English version of the description and a version produced in a language other than English, the English version will supersede.
27. Licenses. The auction will be produced by RM Auctions, Inc. of 1334 York Avenue, New York, NY 10021 (New York Department of Motor Vehicles Facility Identification No. 7120237).
28. Consumer Protection Rights. If the Consignor is a Business (defined below) AND the Buyer is a consumer AND the consumer has a right of withdrawal against the Consignor on the basis of EU and UK consumer protection laws, the Buyer has the automatic statutory right for 14 calendar days after the Buyer comes into possession of the Lot(s) to rescind the sale of the Lot(s). Nothing in this clause 28 shall affect any Buyer(s) legal rights that shall apply against the Consignor as a result of any applicable laws.
28.1. The definition of Business for these Conditions of Business is a natural person or legal entity in the business of selling automobiles and acting for purposes relating to such business (“Business”).
28.2. RMS reserves the right to make the reasonable determination as to whether a Consignor meets the definition of Business, provided that such determination is not inconsistent with applicable law.
28.3. Buyers who exercise this right are responsible for any and all expenses associated with the Lot(s) including, but not limited to, transportation, duty, storage, insurance, and taxes.
28.4. If the Buyer exercises this right, they are advised to insure the Lot(s) until the Consignor re-takes possession of the Lot(s).
29. NY Department of Motor Vehicles Inspection. The Buyer agrees that the Lot(s) must pass the NY Department of Motor Vehicles inspection applicable to the Lot(s). The Consignor will be required to correct, at the Consignor’s expense, any and all items required by the NY Department of Motor Vehicles to successfully pass any inspections associated therewith.
30. Special Provisions.
30.1. RMS shall act as an intermediary in the auction of the Lot(s) on behalf of the Consignor. Notwithstanding the foregoing, the Lot(s) shall remain on display at the Sotheby’s New York office until the Close of Lot(s) and complete payment being made in accordance with clause 13 (Payment). In accordance with clause 19 (Removal of Purchased Lot(s)), the Lot(s) will be moved to a secure storage facility in New Jersey where it will be stored until instructions for transport have been received from the Buyer.
30.2. RMS will obtain the application for U.S. title on the behalf of the Consignor once the Lot(s) is sold. If the Buyer resides in the U.S., then the U.S. title will be reassigned from the Consignor to the Buyer, RMS will collect from the Buyer all U.S. state or local taxes and fees applicable to the transaction and remit such tax or fee to the proper tax authority as applicable. If the Buyer of the Lot(s) resides outside of the U.S., RMS will apply for a duty drawback (based on the Buyer’s destination), pass the title documents onto the Buyer and receive a refund on the duty paid. RMS will assist the Consignor throughout all the relevant processes to ensure the final title assignment.
30.2.1. Please note that, RMS will use its reasonable efforts to assist with the transfer of ownership; however, it is the responsibility of the Buyer to transfer ownership in compliance with their jurisdictional rules and regulations.
Consignors' Conditions of Business