BIDDERS’ CONDITIONS OF BUSINESS
1. Introduction.
1.1. Please ensure that you read and understand these Bidders’ Conditions of Business (“Conditions of Business”) prior to bidding on the Porsche Taycan 4S Artcar by Richard Phillips - including an individually tailored visit of Stuttgart with the Senior Head of Taycan model range - (“Lot”) at this RM Auctions Limited d.b.a. RM Sotheby’s (“RMS”) auction.
1.2. Each Bidder in the auction (“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 the 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. Porsche Schweiz AG (“PCH”) is conducting an online charity auction using RMS’ online auction platform which proceeds to be donated to Switzerland’s non-profit association Suisseculture Sociale. To be clear, RMS is to act as the online auction platform for the auction. The contract of purchase and sale for the Lot shall be solely between PCH and the ultimate buyer of the Lot. PCH shall have sole responsibility for selling the Lot and to complete the sale of the Lot.
1.4. Bidder’s contractual relationship with RMS and/or PCH respectively is governed by:
1.4.1. These Conditions of Business;
1.4.2. The Conditions of Business displayed on RMS’ website;
1.4.3. The Key to Lot Symbols and/or Legend referenced in the auction catalogue and/or Lot description on www.rmsothebys.com (“Website”) as the case may be; and
1.4.4. In each case as amended by any notice, auctioneer’s announcement, or website update.
(Clauses 1.4. to 1.4.4. together are “Contractual Obligations”)
1.5. In the event of any discrepancy or inconsistency among the above-mentioned terms and/or conditions, such discrepancy or inconsistency shall be resolved by observing the following order of precedence: these Conditions of Business (1.4.1), the Conditions of Business on RMS’s website (1.4.2), any published update (1.4.4), references as per clause 1.4.3. As auctioneer, RMS acts as the agent for PCH, and if the Lot is sold at the auction, a sales contract is made directly between PCH and the winning Bidder (the “Buyer”). RMS and/or PCH and/or Buyer are herein individually or collectively also referred to as “party(/-ies)”.
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, or any and all other matters regarding the Lot 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 PCH or RMS to the Bidder regarding the Lot offered in the RMS auction. Lot descriptions, statements in online content, pre-mailers, advertisements, brochures, signs, and window cards, as well as verbal statements made by PCH, auctioneers or auction staff, are based on statements and company files, if any, collected from PCH and other third-party sources, and RMS has no obligation to verify or authenticate any such statements. The Lot is sold as is, where is, with no representations or warranties, expressed or implied. PCH AND/OR 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 LOT OR COMPONENT OF ANY LOT, 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 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, and (e) any other services required to conduct the auction of the Lot.
5. Bidding at the Auction.
5.1. The Lot is expected to close approximately one (1) week after bidding opens to registered Bidders. The exact closing date will be notified to you in respect of the auction.
5.2. To bid at the auction, a Bidder must satisfy any and all RMS and PCH bidder registration requirements which include, but are not limited to (i) a Politically Exposed Person (PEP) check; (ii) being at least 18 years of age; (iii) providing RMS with a copy of a valid form of government-issued identification; (iv) providing RMS with bank letter written on bank letterhead; RMS may waive this requirement at its sole discretion; (v) providing RMS with a copy of a credit card; and (vi) 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”).
5.3. 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 Lot 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 will indicate you have been outbid.
5.8. There is no “cooling-off period”, cancellation, or rescission of bids.
5.9. If at the end of the auction, you are awarded the final bid on the Lot, a binding contract exists and ownership automatically changes hands at the close of the Lot ("Close of Lot”). At the Close of Lot, you are now the legal owner of the applicable Lot and are responsible for payment in full in accordance with clause 12 (Payment).
5.9.1. To clarify, the term “Close of Lot” shall be defined as the time that the time-based auction expires.
5.10. The Bidder is responsible for all risk of loss or damage and insurance immediately upon purchase of the Lot.
5.11. RMS reserves the right to reject any bid. The highest Bidder acknowledged by the auctioneer will be the Buyer. The auctioneer has absolute and sole discretion in the case of error or dispute with respect to bidding and, the auctioneer and RMS have 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 in dispute. If any dispute arises after the sale, the sale record of RMS, PCH and the auctioneer is conclusive. Neither RMS nor PCH is responsible for any errors or omissions in connection with the calling, displaying, accepting, or rejecting of bids for the Lot.
5.12. 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.
5.13. If a Bidder would like an RMS representative to bid on their behalf, they need to complete the corresponding RMS Car Specialist as Agent Form attached as Attachment #1 to these Conditions of Business.
5.14. For further details on requirements to bid, please contact a client services representative at clientservices@rmsothebys.com.
6. Purchase Price. The purchase price shall consist of the Hammer Price (defined below) of the Lot (“Purchase Price”) plus any Taxes to be paid by the Buyer in accordance with clause 8 (Taxes).
7. Buyers’ Premium. RMS will not collect a Buyers’ Premium on the Hammer Price of the Lot.
8. Taxes. The Buyer is responsible to pay VAT on the Hammer Price plus all applicable sales taxes, and any and all other taxes due for which the Buyer does not qualify as exempt, subject to RMS or PCH verification; proof of exemption is the Buyer’s responsibility. The Buyer is also responsible for any applicable duty, import tariffs, VATs, charges, or any and all other required payments that are due upon or in connection with the acquisition and taking-over of the Lot by the Buyer (“Taxes”).
9. No Legal or Tax Advice. These Conditions of Business as an agreement constitute an important legal document. The Bidder acknowledges that the Bidder has had the opportunity to consult an attorney before accepting this agreement 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 this agreement, or any contemporaneous written, oral, or implied understandings of the parties relating to the subject matter of this agreement, neither RMS nor PCH has 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 this agreement, and no one at RMS or PCH 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 at the auction. A further condition of bidding at the auction is that the Bidder holds RMS and/or PCH harmless from any and all tax or regulatory issues that arise due to tax and ownership information that RMS and/or PCH provides.
10. Credit Card Hold. Please note that in order to register to bid at the auction, RMS requires a hold of $2,000.00 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, 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, the Bidder will be required to make payment of the Purchase Price to PCH in accordance with clause 12 (Payment) of these Conditions of Business. The CC Hold will be removed from the credit card in accordance with the Bidder’s specific credit card companies’ procedures (e.g., after the Purchase Price is transferred to PCH).
11. Expenses and Fees: Expenses and fees as outlined in these Conditions of Business include, but are not limited, to any and all expenses and fees arising out of or in connection with the acquisition and taking over of the Lot by the Buyer for inter alia packing, transportation, duty, storage, insurance and as the case may be exportation of the Lot (collectively “Expenses and Fees”). Such Expenses and Fees shall be borne and paid by the Buyer.
12. Payment.
12.1. Subject to fulfillment of the Contractual Obligations, at the Close of Lot, the purchase and sale contract between PCH and the winning Bidder is concluded and irrevocable.
12.2. The value of the last accepted bid upon the Close of Lot is the Hammer Price (“Hammer Price”). The Hammer Price is understood exclusive (net) of any applicable VAT and other taxes, which will be charged by PCH to the Buyer in addition, where applicable, in accordance with clause 8 (Taxes).
12.3. Payment of the Purchase price 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 PCH.
12.4. All payments due must be in the form of wire transfer in CHF unless other arrangements have been approved in advance.
12.5. Neither RMS nor PCH is obligated to release the Lot to the winning Bidder until the Bidder has met all the Contractual Obligations and paid the Purchase Price plus all applicable Expenses and Fees, where applicable, to PCH.
13. Non-Payment.
13.1. In the event that the Buyer does not pay any portion of the Purchase Price and/or Expenses and Fees (as far as due) by the Payment Deadline, the Bidder agrees to and acknowledges that either RMS or PCH has the sole discretion to do any one or any combination of the following:
13.1.1. Cancel/rescind the sale of a Lot. If the sale is cancelled/rescinded due to non-payment, neither RMS or PCH will be liable to the Bidder for any losses or damages resulting from the cancellation/rescission.
13.1.2. Assume the rights to pursue the Buyer for any amounts paid to PCH or RMS, whether at law, in equity, or under these Conditions of Business.
13.1.3. Deduct the Purchase Price plus applicable Expenses and Fees from the Bidder’s deposit or CC Hold and/or charge the Purchase Price and applicable Expenses and Fees to the credit card that the Bidder has provided. If the Bidder’s deposit and/or credit card payment does not cover the Purchase Price plus applicable Expenses and Fees, in addition to other remedies available by law, RMS and/or PCH reserve the right to impose, from the Payment Deadline until the full Purchase Price plus applicable Expenses and Fees have been made by the Buyer, a late charge of (1) an interest rate of 7.25% for up to the first 60 calendar days after the Payment Deadline and (2) an interest rate of 10.0% thereafter until the full Purchase Price plus applicable Expenses and Fees has been made by the Buyer on the:
13.1.3.1. Purchase Price;
13.1.3.2. Applicable Taxes, Expenses and Fees;
13.1.3.3. Any collection costs, attorneys’ fees, and court costs incurred to enforce payment; and
13.1.3.4. Other damages reasonably related to the Bidder’s non-payment.
13.2. In the event of a non-payment, the Buyer will INDEMNIFY, DEFEND (WITH RMS’ SOLE CHOICE OF COUNSEL), AND HOLD RMS AND PCH AND THEIR AFFILIATES HARMLESS FROM ANY CLAIMS, DEMANDS, LOSSES, EXPENSES, DAMAGES, COSTS, ACTIONS, AND LIABILITIES, INCLUDING 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, THE NON-PAYMENT, OR RMS OR PCH ACTIONS TAKEN IN ACCORDANCE WITH CLAUSE 13.1.
14. Cancellation/Rescission of Auction. RMS will use reasonable efforts to avoid cancellation/rescission; however, RMS has the sole discretion to cancel/rescind the auction. Neither RMS nor PCH will be liable to the Bidder for any losses or damages resulting from the cancellation/rescission if either RMS or PCH believes the following events have occurred or have a reasonable chance of occurring:
14.1. Force Majeure events including but not limited to:
14.1.1. Any natural disaster that, despite reasonable efforts restricts RMS from holding the auction; and
14.1.2. Any terrorist event, pandemic (including resulting governmental or regulatory restrictions), war, as well as any “guideline” or “recommendation” by government (local, state/province, 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.
14.2. Government/court actions, orders, injunctions, regulations, laws, or non-compliance with applicable rules, regulations, or laws to hold the auction that necessitate or make prudent a cancellation.
15. Cancellation/Rescission of Lot. RMS will use reasonable efforts to avoid cancellation/rescission; however, RMS or PCH has the sole discretion to cancel/rescind the sale of the Lot and will not be liable to the Bidder for any losses or damages resulting from the cancellation/rescission if either RMS or PCH believes the following events have occurred or have a reasonable chance of occurring:
15.1. RMS or PCH opines that the Lot has been intentionally or materially misrepresented;
15.2. RMS or PCH opines that physical damage to the Lot, which cannot be sufficiently repaired prior to the auction, occurred after these Conditions of Business were formed;
15.3. RMS or PCH is served with a lawsuit or threatened with a dispute from a third party in relation to the Lot;
15.4. RMS or PCH faces significant reputational damages that would cause monetary damages for offering or selling the Lot;
15.5. Material issues regarding title, registration, or transfer of ownership that cannot be reasonably cured or either RMS or PCH believes would expose it to claims or disputes from a third party;
15.6. Material issues regarding the provenance, merchantability, or authenticity of the Lot that cannot be reasonably cured or RMS believes would expose it to claims or disputes from a third party; or
15.7. Government/court actions, orders, injunctions, regulations, laws, or non-compliance with applicable rules, regulations, or laws to sell the Lot at the auction that necessitate a cancellation.
16. Online Auction is “As Available” and “As Is.”
16.1. All bids on the Lot will be via RMS’ online only auction platform.
16.2. Although RMS endeavors to provide 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.
16.3. Bidders agree that they are making use of the online only auction platform 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.
17. Title Transfer. If the Buyer of the Lot resides outside the United States, RMS will use 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.
18. Removal of Purchased Lot.
18.1. The Lot must be removed by the Buyer from Rotkreuz, Switzerland within 14 calendar days of the close of the auction provided payment is made by Buyer (“Removal Deadline”).
18.2. If the Removal Deadline is not met, the Buyer will be charged a weekly storage fee of 150.00 CHF per Lot (“Storage Fee”) until the Lot has been removed. Please note that it is the Buyer’s responsibility to insure the Lot whilst in storage.
18.3. If the Lot is not removed from the storage facility within one calendar year of the Removal Deadline and other arrangements have not been made, PCH has the right to (i) auction the Lot via RMS, (ii) retain all Expenses and Fees, and (iii) retain any funds sufficient to cover any shortfall between the original Hammer Price and the resale Hammer Price.
19. Legal Action.
19.1. The governing law and jurisdiction for any legal action will correspond with the location of the Bidder(s) and parties involved.
19.2. For disputes solely involving RMS and Bidder(s): These Conditions shall be interpreted in accordance with the laws of the State of Michigan, U.S., without regard to choice of law principles. Any dispute, claim, or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Conditions 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 Detroit, Michigan, 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 the 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, Bidder(s) agrees that the maximum liability of RMS arising out of or related to these Conditions or any claim or dispute between the parties regarding the Lot or the auction shall be $10,000.00 USD.
19.3. For disputes solely involving PCH and Bidder(s): These Conditions shall be interpreted in accordance with the laws of Switzerland, under exclusion of the UN-Convention on Contracts for the International Sales of Goods (CISG) and without regard to choice of law principles. Any dispute, claim, or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Conditions to arbitrate, which cannot be solved amicably shall exclusively be subject to arbitration in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. The arbitral tribunal shall be composed of one arbitrator, and all proceedings shall be conducted in English. The seat of the Arbitration is Zürich, Switzerland. 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 the Lot, the prevailing party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals.
19.4. For disputes involving RMS, PCH and Bidder(s): Bidder(s) agrees to resolve all disputes with PCH pursuant to clause 19.3 as a condition precedent to initiating any dispute with RMS. Bidder(s) acknowledges that it shall have no right to join RMS in any dispute with PCH and hereby knowingly and voluntarily waives any such right. Only after resolution of any disputes with PCH pursuant to clause 19.3 may Bidder(s) initiate any dispute with RMS under clause 19.2. To the fullest extent permitted by law, Bidder(s) agrees that the maximum liability of RMS arising out of or related to these Conditions or any claim or dispute between the parties regarding the Lot or the auction shall be $10,000.00 USD.
20. Packing and Shipping. Neither RMS nor PCH is responsible for the acts or omissions in any packing or shipping of purchased Lot or of other carriers or packers of purchased Lot, whether or not recommended by either RMS or PCH. Packing and handling as well as taking-over of purchased Lot are at the entire risk of the Buyer.
21. Data Use. The Bidder agrees to allow RMS and PCH 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 RM, or to unsubscribe to any services or purge your personal information from RMS’ systems, please email privacy@rmsothebys.com.
22. Anti-sniping: If a bid is placed within the final two minutes of bids being accepted on the Lot, the auction for the Lot 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.
23. 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 Anti-Money Laundering Laws and Regulations in force in the jurisdiction in which the auction is held and where the payment is made.
24. 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 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. Licenses. The auction will be produced by RM Auctions Limited of 40 Queen Anne Street, London, W1G 9EL, England (Company No. 05812660).
LOT SPECIFIC CONDITIONS:
26. Transaction Details.
26.1. The Lot, a Taycan Artcar 4S designed by Richard Phillips is an individual and unique piece of art. It is fitted with added door sill panels with inscription “Queen of the Night” and Phillips’ signature as well as door projectors, which illuminate Phillips’s signature. Both added options are customized by Porsche Exclusive manufactory in Stuttgart, Germany.
26.2. The Lot with Chassis-Number WP0ZZZY1ZLSA39992 is offered “as is” as a used car without any warranty or guarantee as per clause 3 (All Sales Are “As Is” and “Where Is”). The mileage by the time of handing-over will be approx. 150 km (93 miles). A Confirmation of Purchase containing all registration references, technical specifications and car individualization will be handed over by PCH to Buyer upon taking over of the Lot accordingly.
26.3. The Lot will be delivered EXW Porsche Schweiz AG, Rotkreuz, Switzerland (acc. to Incoterms 2020) with a one-day Swiss road registration and will be handed over to the Buyer with its corresponding European Certificate of Conformity (CoC) confirming its suitability with all applicable Swiss and European technical and safety requirements. No technical documents that might be needed for certification will be provided to the Buyer.
26.4. The Buyer has to satisfy himself about any applicable legislation as to the importation/certification and/or use of the Lot outside Switzerland and is solely responsible for obtaining any regulatory approval for exportation/importation or usage on public roads of the Lot in the country of destination, as far as applicable and mandatorily required. PCH and RMS, each declines any responsibility as to eventual restriction with respect to the certification and/or registration of the Lot outside Switzerland, i.e., in the country of destination. Neither PCH nor RMS shall have any obligation to assist any person in any way in obtaining any regulatory approval for the exportation/importation/certification and/or use of the Lot outside Switzerland.
26.5 The Lot includes an individually tailored visit of the premises of Dr. Ing. h.c. F. Porsche AG, factory site in Stuttgart, Germany as well as an exclusive individual meeting with the Senior Head of Taycan model range. Upon Buyer’s availability, this exclusive visit will be coordinated by PCH once all payments are made by the Buyer.
26.6 The Buyer already agrees for the time between Close of the Lot until Taking-over that the Lot shall be exhibited at the Porsche Zentrum Zug, Risch AG in Rotkreuz Switzerland (Porsche Center) and that static presentations to public or media may occur. PCH confirms that in no event will the name of the Buyer be disclosed unless the Buyer has given his prior written approval to be named in person.
26.7 The buyer will receive an invoice from PCH for the Purchase price.
ATTACHMENT #1 TO BIDDERS’ CONDITIONS OF BUSINESS
RMS CAR SPECIALIST AS AGENT FORM
The Bidder may choose to have an RM Auctions, Inc. d.b.a. RM Sotheby’s (“RMS”) Car Specialist place a bid on the Lot on their behalf during the Porsche Taycan 4S Artcar auction (“Auction”). In order for a RMS Car Specialist to bid on the Bidder’s behalf, the Bidder must (i) provide the following information, (ii) select and initial beside a bidding option as outlined below, and (iii) sign their name at the bottom of this form:
PORSCHE TAYCAN 4S ARTCAR AUCTION
Client Name:
Lot Number:
Bidding Options: I acknowledge and agree that an RMS Car Specialist may bid on my behalf on the above referenced lot number at the Auction in accordance with the following selected option:
A. Up to ______________________________ CHF Hammer Price (as outlined and defined in the Auction Bidders’ Conditions of Business).
_____________
Bidders’ Initials
OR
B. As Instructed.
**Please note that if this Option is chosen, the Bidder will be required to provide the RMS Car Specialist with their bidding instructions either via email or text message. Verbal bidding instructions will not be accepted.
_____________
Bidders’ Initials
If any dispute arises after the sale wherein an RMS Car Specialist bid on behalf of a Bidder during the Auction, the Bidder acknowledges that RMS will not be held responsible for any errors or omissions in connection with the calling, displaying, accepting, or rejecting of bids.
________________________________
Date
____________________________________
Signature of Bidder
