Devitt MCN Festival of Motorcycling Sale 2023 14th May 2023

92 The Devitt MCN Festival of Motorcycling Sale 2023 5.8 If a Lot is not sold at Auction, SA will for the next 14 days be entitled exclusively to negotiate a sale of the Lot on terms agreed with the Seller and as Seller’s agent, and if successful will be entitled to charge the Seller’s Commission and Expenses. 5.9 The Seller gives SA the full and absolute right to photograph, video and illustrate any Lot consigned for sale, and to use such photographs, videos and illustrations as are provided by the Seller at any time at its absolute discretion (whether or not in connection with the Auction), with indemnity against copyright infringement. 5.10 The copyright in all written matter and illustrations relating to Lots shall remain at all times the absolute property of SA, and any person wishing to use such materials, or any part of them, may only do so with the prior written consent of SA. 5.11 Lots market with an Asterix (*) are either owned or partly owned by SA or an employee of SA. 6. ALTERATIONS AND ESTIMATES 6.1 Estimates and descriptions may be amended at SA’s discretion from time to time by notice given orally or in writing before or during an Auction. 6.2 The Lot will be available to view either via the information provided online, or if the government advice on the current Covid-19 lockdown allows, via an appointment only service at a central location. Any potential bidders must form their own opinion in relation to the Lot. 6.3 SA gives no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given, whether written or oral and whether or not contained in any Catalogue, as to the estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at SA’s sole discretion and should not be relied upon as an indication of the actual selling price. 6.4 SA shall not be liable to the Seller for any error or misstatement in or omission from the description of any lot in any Catalogue where SA has: 6.4.1 been provided with such description by the Seller or any person on his behalf; or 6.4.2 provided the Seller with a copy of such description prior to publication of the Catalogue and neither the Seller nor any person on his behalf has notified SA in writing within a reasonable time before the Auction of any error or misstatement in or omission from the description. 6.5 SA has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller. 7. WARRANTY BY THE SELLER 7.1 The Seller warrants to the Buyer and to SA that: 7.1.1 The Seller is the owner of the Lot or is properly authorised to sell the Lot by the owner, and is able to sell the Lot with full title guarantee free from all encumbrances and third party claims and in particular that there is no outstanding finance affecting the Lot or any taxes due. If the Lot is subject to finance the amount outstanding must be confirmed prior to consignment and sale. 7.1.2 The description of the Lot in the Catalogue is to the best of the Seller’s knowledge accurate and not misleading. The Seller has notified (or will before the Auction notify) SA in writing of any material alterations to the Lot of which the Seller is aware and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Lot and has provided SA with all such information in the Seller’s possession or control. SA shall be under no obligation to investigate any concerns expressed by third parties. 7.1.3 The Seller shall compensate SA and the Buyer in full for all losses, expenses and other costs which are caused by the Seller’s breach of any obligation of the Seller under the Terms. 7.1.4 The Seller has complied with all the requirements, legal or otherwise, relating to any import or export of the Lot and all taxes and duties in respect of the Lot have been settled, unless stated to the contrary in the catalogue description. 8. VEHICLE REGISTRATION NUMBERS 8.1 If the Seller wishes to sell the Motor Vehicle but to retain the right to the registration number of the Motor Vehicle it is the Seller’s Responsibility to notify SA in writing. 8.2 It shall be the Seller’s responsibility to complete the retention documentation prior to sale and offer the Motor Vehicle with a new V5c and allocated registration from the DVLA prior to the Motor Vehicle being sold at the Auction whether or not SA volunteers its services to effect that, and no liability shall attach to SA in respect to any act or omission as a result. 9. BIDDING AND RESERVES 9.1 In order to bid in the auction potential buyers must register for either a telephone or commission bid by completing the relevant forms and ID requirements or register via an online bidding portal. The name and address in which you register will be the name and address on your invoice, if successful, and cannot be amended once issued. 9.2 SA will not accept bids from any person who has not registered via the online bidding portal or completed the telephone and commission forms. Buyers are directed to the requirements in place regarding registration before the registration process can be completed. 9.2.1 SA reserves the right to decline to register bidders and decline to accept their bids if they have been so registered. 9.2.2 Buyers should ensure they have the necessary funds available to pay before bidding. 9.3 The Auction will be conducted in line with the online bidding portal and telephone and commission bidding rules in place at the time. 9.4 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. SA is not a party to the Contract. The Buyer will be liable to pay the Purchase Price which is the Hammer Price plus the Buyers Premium and any applicable VAT. At the same time the Seller will be liable to pay to SA the Seller’s Commission plus any applicable VAT on the Lot at the rate as set out in clause 10 below. 9.5 The Seller may place a Reserve on any Lot when he consigns it to the Auction, and once placed it may not be changed without the written consent of SA. All Lots will be sold without Reserve unless a Reserve has been agreed by SA in writing. 9.6 Where a reserve has been applied to a lot, the auctioneer and SA may in their absolute discretion place bids up to an amount not equalling or exceeding such reserve on behalf of the seller in accordance with the Auction Bidding Agreements Act 1969. 9.7 If no Reserve has been placed on a Lot, SA shall in no way be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue. 9.8 SA may sell a Lot below the Reserve agreed with the Seller, provided that SA accounts to the Seller for the same Sale Proceeds as the Seller would have received had the Lot been sold at that Reserve. 9.9 Bids placed within one hour of the auction commencing are not guaranteed to be processed. We recommend you call the office on 01926 691141 and ask for your bid to be checked. 10. COMMISSION AND EXPENSES 10.1 SA shall be entitled to deduct from the Hammer Price and retain an amount equal to 7.5% (plus VAT) of the Hammer Price for Motor Cars, 10% (plus VAT) for Motor Cycles, 15% (plus VAT) for Automobilia and Lifestyle goods and 10% (plus VAT) for Number Plates, or such other sum agreed by SA in writing (“Seller’s Commission”) plus VAT together with Expenses and any other sums due from the Seller to SA. 10.2 The Seller acknowledges SA’s right to retain the Buyer’s Premium payable by the Buyer. 11. INSURANCE 11.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer as soon as the Lot is sold to the Buyer. The Lot is sold when the highest bid is