RMS may assign insurance to an alternative insurance provider.29.3. RMS opines that the Lot(s) has been intentionally and materially misrepresented by the Consignor;18.1.2. All Lot(s) are sold as is, where is, with no representations or warranties, expressed or implied. Monterey Classic Car Week in California (Mid-August) Specifically, for RMS auctions held in either Paris, France; Monte Carlo, Monaco; or Milan, Italy:22.1.2.1. The Bidder or Buyer agrees that RMS may assign, sell, and/or pledge, entirely or in parts (Assign or Assigns or Assigned or Assignment) (third party who is assigned rights is an Assignee(s)) without limitation any and all rights, obligations, and/or remedies and/or relief as provided by law (Rights) that RMS is entitled to/obligated by under these Conditions of Business to any Assignee(s) (including, but not limited to, any RMS affiliate, and for Lot(s) purposes, to any financing sources of RMS). Enter the email address associated with your rmsothebys.com account. Antifreeze Is the Responsibility of the Consignor:27.1. As auctioneer, RMS acts as the agent for the relevant consignor of the Lot(s) (the Consignor).1.3.1. Title Transfer. RM Sotheby's - Paris 2023 Auction | Classic Driver The Consignor authorizes RMS to perform minor work on the Lot(s) to facilitate the Lot(s) starting and driving or being presentable for Sale. For Auctions Held in St. Moritz, Switzerland: These Conditions of Business shall be interpreted in accordance with Swiss laws, without regard to choice of law principles. The Consignor agrees that RMS may assign, sell, and/or pledge, entirely or in parts (Assign or Assigns or Assigned or Assignment) (third party who is assigned rights is an Assignee(s)) without limitation any and all rights, obligations, and/or remedies and/or relief as provided by law (Rights) that RMS is entitled to/obligated by under these Conditions to any Assignee(s) (including, but not limited to, any RMS affiliate, and for Lot(s) purposes, to any financing sources of RMS). Peter Raider 2010 Courtesy of RM Auctions Bidders agree that they are making use of the Services at their own risk and, that the Services are being provided to Bidders on an AS AVAILABLE and AS IS basis. Please note that, for RMS auctions held in Auburn, Indiana no removal fee will apply. RMS agrees to receive the Lot(s) in trust and agrees not to permit its use for any other purposes, other than those contained in these Conditions, without the express written consent of the Consignor.3. These Conditions;1.3.2. To the fullest extent permitted by law, 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 auction shall be the Buyers Premium that would have been due under clause 9 of these Conditions of Business had the Lot(s) (a) met their reserve; (b) if offered without reserve, then the Lots published low estimate; or (c) if no published low estimate, then the Lots fair market value as determined by RMS.24. Sotheby's Automobiles Department presents its upcoming automobile and classic car auctions, auction results, online catalogues, and specialists insights. The Lot(s) will be moved by RMS from the auction site immediately following the auction and, taken to a secure storage facility and the Buyer will be required to pay RMS a moving fee of up to 1.000,00 plus VAT per Lot(s). All purchased Lot(s) will be moved by RMS from the auction site immediately following the auction and, taken to a secure storage facility and the Buyer will be required to pay RMS a moving fee of up to 600.00 plus VAT per Lot(s). 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 the provenance, (c) grouping and providing catalogue and other 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).4. Monterey 2023 | Auction Details | RM Sotheby's Further information on the use of personal information for the purpose of shipment and transport of consigned lots may be found by reviewing the Privacy Policies of the delivery and logistics companies directly. By Ben Farmer Cape Town 25 June 2023 4:12pm. 22.3. Vehicle Registration Number (If Applicable):41.1. RM Sotheby's - Wikipedia If the Consignor does not pay in accordance with this clause within 10 business days, his/her/their Lot(s) may be sold by RMS without Reserve.26. Rob Michiels Auctions 2023. The Buyer acknowledges that delays in transferring titles including, due to delays at government Motor Vehicle departments, happen from time-to-time and, the Buyer will hold RMS harmless from any allegations of damages arising out of government delays. Lot(s) not marked as no reserve (or similar) are subject to a reserve set by the Consignor. RMS is served with a lawsuit or threatened with a Dispute from a third party in relation to the Lot(s);17.1.4. Bidder Due Diligence Responsibilities. The CC Hold will not be charged to their credit card if the Bidder makes full payment on or before 5:00 p.m. of the next business day following the auction. Please note RMS and BitPay reserves all rights to reject a payment with a cryptocurrency.6.2. 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. MARKETS AUCTIONS DEALERS . Buyers will receive titles in the mail as soon as possible following the auction with a target of a maximum of 20 business days following the auction; however, please note that for reasons beyond RMS control, including any delays in lien releases by lien holder(s) and/or delays by Department of Motor Vehicles (or equivalent) in certain states, there are instances where the Buyer may not receive the title within 20 business days and, in those circumstances, RMS will work to provide the titles to the Buyer as soon as possible. Bid Display: RMS may use a bid display and currency conversion function; however, these are for informational purposes only and are not to be relied on by anyone as the bids, and currencies listed on the bid display are not real-time bids or conversions pegged to market rates. Auction Results: May 2023 Find out what's going on with exotic and classic car auction results in May 2023 based on data from CLASSIC.COM. If already settled, the Consignor must pay RMS directly.28. RM Sotheby's Monterey topped by a 1961 Ferrari 250 GT California Spider which sold for US$18.0 million to become one of . Judgment on the award may be entered in any court having jurisdiction. Packing and Shipping. _____________Bidders InitialsOR B. If a Buyer elects to pay via cryptocurrency, among other BitPay requirements as outlined on https://bitpay.com/, the Buyer must be pre-approved by BitPay and the Buyer must pay a 1% vendor fee which will be added to the Buyers BitPay invoice.38. May 2023 Auction Introduction; May 2023 Auction - Table of Contents; May 2023 Auction Lots 1 to 50; May 2023 Auction Lots 51 to 100; May 2023 Auction Lots 101 to 150; May 2023 Auction Lots 151 to 200; May 2023 . 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. In order to register to bid onsite at auction, Bidders must pay a registration fee as outlined below: 5.1.1. Although RMS endeavors to keep the Services safe, secure, and functioning properly, RMS cannot guarantee the continuous operation of or access to the Services or a Bidders ability to connect and navigate the Services.22.3. The Consignor warrants that the Lot(s) is in a safe, operable condition to be driven or moved by RMS employees or representatives. Buyers who exercise this right is responsible for any and all expenses associated with the Lot(s) including, but not limited to, transportation, duty, storage, insurance, and taxes.35.4. Read More Tips Financing options for your classic or exotic car If you're interested in purchasing a classic or exotic car, loans can be a viable option if you don't have the cash on hand. 7.1.1. The Consignor acknowledges that the Consignor has had the opportunity to consult an attorney before signing these Conditions and has signed these Conditions after having the opportunity to consult with an attorney of their own choosing. If for whatever reason RMS is forced to correct any Title defect, the Consignor agrees to first pay RMS a minimum fee of $500.00 USD and, if the Title defect costs more than $500.00 USD to correct, the Consignor agrees to pay for any and all additional reasonable expenses related to correcting such defect (Title Fees). (Clauses 1.2 to 1.2.5. collectively, the Contractual Obligations)1.3. If any dispute arises after the sale, RMS sale record is conclusive. ; however, RMS will require a W8 BEN if the Consignor is an individual, and a W8 BEN-E if the Consignor is a company, including dealers.38.2. The Consignor hereby agrees to promptly execute and deliver any amendment or supplement to these Conditions reasonably requested by RMS in connection with any Assignment in accordance with the terms hereof.29.4. 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 catalogue and other 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). Buyers of all non-motor car Lot(s), including but not limited to memorabilia, motorcycles, boats, trailers, jewelry, clothing, and automobile parts, accessories, tools, and/or engines are required to pay RMS a Buyers Premium of 20% (plus VAT on the Buyers Premium) on the Hammer Price of those particular Lot(s).9.5. Taxes. A destination venue for clients across Europe and set in the "Golden Triangle" of Paris, steps away from the Place Vendme, this new location is sure to make RM Sotheby's Paris 2023 auction an occasion not to . Lot(s) Operation:13.1. 6 Reviews. Once sold, RMS will retain all reasonable Expenses and Fees including, auction fees if sold via auction, and if sold via private sale, a 20% commission; if there are any remaining funds, these will be returned to the Consignor within 30 business days of the Sale.15.6. 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 Bidders benefit in connection with the transactions contemplated by these Conditions of Business and, no one at RMS has acted as the Bidders attorney or tax advisor. Klimt Painting Sets European Record With $108 Million Price Tag at 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. Please ensure that you read and understand these Bidders Conditions of Business (the Conditions of Business) prior to bidding on a motor car or any other lot (the Lot(s)) at this or any other RM Auctions, Inc.; RM Auctions Arizona, Inc.; RM Auctions Limited; RM Licenses LLC; RM Auctions Italia S.R.L. As used in these Conditions, a Sale occurs between the Consignor and the Buyer when the hammer or equivalent device or mechanism drops on the Hammer Price or when the auctioneer awards the Lot(s) to the highest bidder (Sale). This site is protected by reCAPTCHA and the Google 38.1.2.1. By submitting one or more bids, the Bidder has entered into a binding bill of sale to purchase each Lot(s) if the Bidders bid is successful. RMS will receive a Buyers Premium of 10% on all motor car Lot(s).9.3.2. 14.1.2. The governing law and jurisdiction for any legal action will be as follows:24.2. 13.11. 17.1. These Consignors Conditions of Business (the Conditions) outline the contractual relationship and obligations between RMS (as defined on page 1 of the Auction Consignment Agreement) and the consignor of the Lot(s) (the Consignor) in relation to the auction of the Consignors Lot(s) in an RMS auction.1.2. Once you have satisfied the Bidder Registration Requirements, you will be able to place bids against Lot(s) at the auction.6.5. W-9 and W-8 Form Collection: 38.1. Buyers of all non-motor car Lot(s) including, but not limited to, memorabilia, motorcycles, boats, trailers, jewelry, clothing, and automobile parts, accessories, tools, and/or engines are required to pay RMS a Buyers Premium of 20% (plus VAT on the Buyers Premium) on the Hammer Price of those particular Lot(s).9.7. The Consignor is required to review and approve any and all descriptions within 48 hours of receiving the description from RMS.12.3. Quebec Timed Auction EventMontreal, QC, CAN. Assignment of Rights: 29.1. RMS auctions held in either Scottsdale, Arizona; Amelia Island, Florida; or Monterey, California will have the following Buyers Premium:9.2.1. For RMS auctions held in London, United Kingdom:22.2.1. 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 Auction Consignment Agreement (which includes the Specific Information and Specific Conditions);1.3.3. Please note it is the Consignors responsibility to insure their Lot(s) whilst in storage.15.5. In the event of non-payment by the Buyer, RMS will endeavor to use reasonable efforts to enforce payment from the Buyer; however, RMS shall not be liable to the Consignor for payment. A 150,00 registration fee for RMS auctions held in Paris, France.5.1.5. In the event of a final Hammer Price of $250,000.00 USD and below on all motor car Lot(s), RMS will receive a Buyers Premium of 12%.9.2.2. VEHICLES Thursday, August 17 at 10 AM Friday and Saturday, August 18-19 at 9 AM SAFETY PROTOCOLS THE CONSIGNOR 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 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 ANY DAMAGE OR LIABILITY CAUSED BY THE MINOR WORK PERFORMED BY RMS STAFF ON THE LOT(S).14. 2022 RM Sotheby's Auction, Monterey, California - NAACC Whenever used in these Conditions, 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.29. Cancellation/Rescission of Lot(s). To be clear, the standard Buyers Premium will be published as part of Bidders Conditions of Business in advance of the auction. 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.18. Lot(s) Exhaust Warning. Expenses and Fees: Expenses and fees as outlined in these Conditions include, but are not limited to, marketing fees, transportation fees, duty, storage fees, insurance, taxes, Title Fees, and battery replacement fees (collectively, the Expenses and Fees). No-Sale of Lot(s):15.1. **Please note that the applicable Buyers Premium will apply. Purchase Price. Nothing in this clause shall affect any Buyer(s) legal rights that shall apply against RMS or the Consignor as a result of any applicable laws.35.1.1. RM Auctions - New Atlas 13.7. Monterey Live Auction: 18-20 August 2022 5:30 PM PDT Monterey Highlights The Oscar Davis Collection Masterworks of Design Stories & Videos Overview Lots Auction Details Save A s the longest-standing tradition of the Monterey Car Week, RM Sotheby's flagship Monterey auction remains a pinnacle event year after year. RM Auctions Annual Auburn Fall Sale Totals More Than $15.8 Million with In each case as amended by any salesroom notice or auctioneers announcement at the auction. The Consignor warrants that the Consignor is the sole owner of the Lot(s), and that the Consignor has full right and authority to sell the Lot(s) (Ownership).10.3. Although RMS endeavors to keep the Services safe, secure, and functioning properly, RMS cannot guarantee the continuous operation of or access to the Services or, a Bidders ability to connect and navigate the Services. If there is a no-sale, any and all Expenses and Fees owing must be paid to RMS before the Lot(s) is released to the Consignor.15.2. 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. As Instructed. If RMS contributes to the Hammer Price to meet a reserve, the reserve for the respective Lot(s) becomes the Hammer Price plus RMS contribution for purposes of commissions.16. RM Auctions' sale of the Milhous collection concluded on Feb. 26, drawing $38.3 million in sales. If the Lot(s) does not sell at the auction, the Lot(s) must be re-exported to the country of origin, transferred to another temporary bond, or, alternatively, the Consignor must pay any and all relevant taxes if the Consignor would like the Lot(s) to remain in Europe. If mediation is unsuccessful, the parties shall proceed to arbitration near Detroit, Michigan before one arbitrator and, all proceedings shall be conducted in English. Marketing Fee: The marketing fee is non-refundable and is not credited towards the Sellers Commission.6. If there is a discrepancy, contradiction, or question of interpretation in a description for a Lot(s), in print, online, or otherwise between the English version of the description and a version produced in a language other than English, the French version will supersede. If the Buyer exercises this right, they are advised to insure the Lot(s) until the Consignor re-takes possession of the Lot(s).ATTACHMENT #1 TO BIDDERS CONDITIONS OF BUSINESSRMS CAR SPECIALIST AS AGENT FORMThe Bidder may choose to have an RM Sothebys (RMS) Car Specialist place a bid on a Lot(s) on their behalf during the auction referenced below (Auction). In the event of a final Hammer Price above 200,000.00 on all motor car Lot(s), RMS will receive a Buyers Premium of 15% (plus VAT on the Buyers Premium) on the first 200,000.00 and will receive a Buyers Premium of 12.5% (plus VAT on the Buyers Premium) on the Hammer Price above 200,000.00.9.6.3. As a condition of bidding at the auction, it is the Bidders responsibility to satisfy themselves and comply with all applicable tax, duty, or any and all other payments associated with the purchase of a Lot(s) at the auction. If the Lot(s) is sold by the Consignor to another party during the exclusivity period of the Auction Consignment Agreement and, RMS has not agreed otherwise in writing, the Lot(s) will then be considered withdrawn from the auction by the Consignor, and the Consignor agrees to abide by clause 21 (Withdrawn Lot(s)) of these Conditions.9.3. Five-year-old King Charles's drawings of 'Mummy' and 'Papa' up for sale The Conditions of Business announced and displayed in the auction salesroom;1.2.4. Registered bidders and their guests gain entry to our auction preview on Wednesday, 25 January, and will experience the quiet splendor of wintertime in the Arizona desert. 14.1. any applicable Expenses and Fees (defined below). Fees and charges vary from sale to sale, and for some countries, this is also determined by the value of the Lot(s).42.2. Consumer Protection Rights. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. 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; or18.1.8. If a Lot(s) is not removed by the RMS Removal Deadline, the Buyer will be charged a daily storage fee of up to 100,00 plus VAT per Lot(s) until the Lot(s) is removed. Judgment on the award may be entered in any court having jurisdiction. The 1961 Ferrari 250 GT SWB California Spider goes under the auction hammer on May 23 at RM Auction's Villa Erba sale. 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; 18.1.6. To be clear, the bid price stated by the auctioneer is the prevailing and binding bid price.24. Drivers: The Consignor acknowledges and grants permission for RMS and its employees and agents to drive or move the Lot(s) from time to time before, during, or after the Sale. If the Removal Deadline is not met, the Consignor will be required to pay RMS (i) a removal fee of up to $1,025.00 USD and (ii) a daily storage fee of up to $50.00 USD per Lot(s) until full payment and instructions for transport have been received. 7.2. Auctions | RM Sotheby's Introduction.1.1. 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. The Conditions of Business displayed in the auction salesroom;1.3.4. Privacy Policy and Online Services Are As Available and As Is. 19.1. 5. The mediation and arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS Streamlined Arbitration Rules and Procedures.
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