Historics Classic and Sportscar Auctions Terms and Conditions
1. Definitions In these Terms and Conditions the following definitions shall apply: “Auctioneer” Historics Classic and Sportscar Auctions Limited (Company No. 06997410) with a registered address at Main Building, Thorney Business Park, Thorney Lane North, Iver, Bucks SL0 9SH and where appropriate its officers, employees and agents; “Bid” an offer to purchase a Lot at a price given by the Auctioneer; “Buyer’s Commission” a commission payable by You (in addition to the Purchase Price) as a condition of Your purchase of a Lot and calculated in the manner described at Clauses 10 and 11; “Catalogue” the list of Lots that the Auctioneer publishes in advance of a Sale; “Lot” an item or items consigned to, and advertised by, the Auctioneer with a view to its/their inclusion within a Sale and identified within a Catalogue by a Lot number; “Purchase Price” the amount of the highest Bid on a Lot at the moment When the Hammer Falls plus VAT on the comission; “Resale Rights” the statutory right of any third party to receive a payment on a disposal of a Lot (or any part of it) including, but not limited to, those set out in the Artists Resale Right Regulations 2006; “Reserve” the minimum price at which a Lot may be sold as stipulated by the Seller and whether communicated to You before, during or after the Sale; “Sale” the auction sale at which a Lot is to be made available for sale through the Auctioneer; “Seller” the person who offers the Lot for sale as identified in the Catalogue; “When the Hammer Falls” the moment that a Lot it is knocked down to You which occurs upon the fall of the Auctioneer’s hammer following your highest Bid when no higher Bid has been made for the Lot; and “You” the person making Bids;
2. The Contract of Sale The Seller invites you to offer to purchase the Lot as the principal to a contract for the sale of the Lot by making Bids for the Lot, such contract, if concluded, being made between the Seller and You. The Auctioneer acts in the capacity as a facilitator and not as the Seller’s
agent or as an additional principal and the Auctioneer shall have no liability to You in respect of the Lot, its sale or the contract for the sale of the Lot. The Auctioneer reserves the right, without giving any reasons, to
withdraw any Lot from the Sale or to cancel any auction in respect of a Lot at any time prior to the moment When the Hammer Falls. The Auctioneer reserves the right, without giving any reasons, to refuse to
allow You to attend a Sale, to refuse You permission to make Bids or to ignore Your Bids at any time prior to the moment When the Hammer Falls. A binding contract between You and the Seller under which Your offer
to purchase the Lot for a consideration equal to Your highest Bid plus commission (plus VAT on that amount) is made When the Hammer Falls at which point, subject to Clause 3 below (reserves), the Seller accepts Your offer to purchase the Lot. You cannot reduce or cancel a Bid once it has been made and the
Auctioneer’s decision as to whether or not a Bid has been validly made shall be determinative.
3. Reserves Where the Lot is subject to a Reserve, and notwithstanding that the Lot may have been knocked down to You upon the fall of the Auctioneer’s hammer following your highest Bid, the Seller’s acceptance of your offer to purchase the Lot at Your highest Bid is conditional on Your highest Bid being equal to or higher than the Reserve. If Your highest Bid is not equal to or higher than the Reserve neither You,
the Seller nor the Auctioneer will have any liability to proceed with the sale or transfer of the Lot and the Auctioneer will notify You as soon as reasonably practicable.
4. Variations In all cases any additional or alternative terms and conditions: (a) printed in the relevant Catalogue; (b) set out in any written contracts for sale provided to You by the Auctioneer; or
(c) notified by oral announcements made at any time by the Auctioneer before the moment When the Hammer Falls
shall take precedence over the terms and conditions shown below and if
You place any Bid You shall deemed to be making an offer upon these terms and conditions as varied by any of the additions/variations referred to at (a) to (c) above.
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5. Seller’s Undertakings The Seller undertakes to You that: (a) the Seller is the owner of the Lot or is duly authorised as an agent (whether such agency is disclosed or not) for a principal who is the owner to sell the Lot (and where the Seller acts as an agent for the owner of the Lot the Seller as agent and the principal shall be jointly and severally liable as such to sell the Lot); and
(b) save as may be disclosed in the Catalogue, the Seller sells the Lot with full title guarantee free from all liens, charges, encumbrances and third party claims or, where the seller is the executor, trustee, liquidator, receiver or administrator, with whatever right, title or interest he may have in the Lot.
6. Your Undertaking You undertake to the Seller and the Auctioneer that You are placing Bids in order to purchase and own a Lot Yourself and You are not making Bids as an agent for a principal. You accept that When the Hammer Falls You cannot avoid being personally liable to complete the purchase of the Lot by claiming that you are acting as the agent of a third party principal.
7. The Description of the Lot The Lot is not sold as corresponding with any description in the Catalogue or any statement or representation made in writing by, or on behalf of, the Auctioneer.
8. Exclusions and Limitations of Liability Without limiting the provisions of Clause 7 above neither the Seller nor the Auctioneer makes or gives any contractual promise, undertaking, obligation, guarantee, warranty, or representation of fact, or shall be deemed to have any duty of care, in relation to any description of the Lot or any fact or statistic applied or made in relation to it. In particular, neither the Seller not the Auctioneer shall have any liability (whether implied by the Sale of Goods Act 1979 or otherwise) in respect of the Lot’s quality, manufacturer, value, model description, date of creation, provenance, prior owners, component parts, manufacture, service history, road/air/seaworthiness, safety, heritage, any remedial work carried out on it, its compliance with any relevant laws or regulations, its fitness for any purpose or its conformity with any description. Without limiting the provisions of Clauses 7 and 8 above to the fullest
extent permitted by law neither the Seller nor the Auctioneer nor any associated company shall be liable to You for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with these Terms and Conditions, the sale or supply of any Lots or their use or resale by You. Without limiting the provisions of Clauses 7 and 8 above the Seller’s and
the Auctioneer’s liability to You for any claim arising in relation to the Sale will be limited to the payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot. Notwithstanding the above, nothing in these terms and conditions
excludes or limits either the Seller’s or the Auctioneer’s liability in respect of their fraudulent misrepresentation or any death or personal injury arising out of their negligence or any other liability to the extent the same may not be excluded or restricted as a matter of law.
9. Risk, Property And Title Subject to Clause 3 above (reserves) risk in the Lot passes to You When the Hammer Falls. The Seller and the Auctioneer will not be responsible thereafter for the Lot prior to you collecting it from the Auctioneer, and You must make Your own arrangements to ensure the safekeeping of the Lot. Subject to Clause 3 above (reserves) You hereby indemnify the Seller and
the Auctioneer and keep them fully indemnified from and against all claims, proceedings, costs, expenses and losses arising in respect of any injury, loss and damage caused to or by the Lot after the moment When the Hammer Falls until the moment title to the Lot passes to you in the manner described below. Title to the Lot remains in and is retained by the Seller until all of the
following have occurred: (a) the Purchase Price, the Buyer’s Commission and all other sums payable by you to the Auctioneer and the Seller in relation to the Lot have been paid in full to, and received in cleared funds by, The Auctioneer; and (b) You have collected the Lot in accordance with Clause 13 below.
you accept that it is Your responsibility to procure and complete any and all paperwork to perfect Your title to any Lot and to record your interest in, and responsibility for, the Lot with any relevant authority.
10. Buyer’s Commission It is a condition of the contract for the sale of the Lot to You that You pay to
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