The May Sale 2021 22nd May 2021

174 The May Sale Classic Cars & Classic Motorcycles 2021 to them. Neither SA nor its employees or agents shall be responsible for any loss or damage unless caused by the negligence of SA, its employees or agents in the ordinary course of their duties to SA if and in so far as the Lot is in SA’s custody or under its control. 18.2 The Buyer shall be responsible for all removals, insurance, storage and other charges on any Lot from the point at which the Lot is sold in accordance with clause 14 above. 18.3 DVLA will be notified of the change of keeper as soon as possible following collection of the Lot in accordance with clause 17 above. 18.3.1 Where imported Lots are subject to a NOVA declaration being completed SA will instruct the import agent to do this on the Buyers behalf, once full payment is received, and will provide the buyer with the NOVA reference number. These lots will be clearly marked in the Lot description. 18.4 Automobilia, watches & lifestyle Lots will be sent to the buyer at the buyer’s expense. 19. NON-PAYMENT OR FAILURE TO COLLECT 19.1 If the Purchase Price is not paid in full, SA as the agent of the Seller, shall in its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following remedies:- 19.1.1 to store (either at SA’s premises or elsewhere) and insure the Lot at the expense of the Buyer; 19.1.2 to charge interest at a daily rate equal to 4% pa over Barclays Bank’s Base Rate on so much of the total amount due as remains unpaid after the date of and time referred to in clause 17.2; 19.1.3 to retain that or any Lot sold to the same Buyer at the same or any other auction of SA and to release it only after payment of the total amount due; 19.1.4 to apply any money due or to become due to the defaulting Buyer in or towards settlement of the total amount due and to exercise a charge or lien on any property of the Buyer which is in SA’s possession for any purpose. 19.1.5 take such steps as SA shall at its absolute discretion consider necessary to collect the monies due from the Buyer, and to agree terms for the payment of the Purchase Price; 19.1.6 to rescind the sale and refund any monies to the Buyer, or to rescind the sale to the Buyer and to purchase the Lot itself. If it does so, property in the Lot shall pass to SA on its election and SA shall remit the Purchase Price to the Seller within 14 Working Days of its election less the Seller’s Commission, Expenses and sums due to SA which would have been payable had the contract not been rescinded; 19.1.7 to appoint a solicitor and/or other agent to pursue any of the courses of action referred to in this clause 19, and the Seller hereby authorises SA to take any of the courses referred to in this clause, including the issue and prosecution of proceedings on the Seller’s behalf, and to settle claims and/or proceedings made by or against the Buyer on such terms as the Seller shall instruct, or in the absence of instructions on such terms as SA shall at its absolute discretion think fit. The Buyer shall be liable for all the costs incurred in any proceedings, negotiations or ADR (Alternative Dispute Resolution) including any shortfall in cost between those expended by SA or the Seller and those awarded by any Court or Tribunal. 19.2 If the Buyer fails to make payment within 14 days after the date and time referred to in clause 17.2, SA shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to re-sell the Lot or cause it to be resold by public auction or private sale, and, if this results in a lower price being obtained, the defaulting Buyer shall then pay to SA any deficiency, together with re-sale costs and any costs incurred in connection with the Buyer’s failure to make payment and any surplus shall belong to the Seller. 19.3 If the Lot is not taken away on the date and time referred to in clause 17, whether or not the Purchase Price has been paid, SA shall remove, store (either at SA’s premises or elsewhere) and insure the Lot at the expense of the Buyer and only release the Lot after payment of the total amount due. 20. LIABILITY OF SA AND THE SELLER 20.1 Buyers are solely responsible for ensuring that Motor Vehicles are safe for use, roadworthy (if a road going car) and comply with all relevant laws and regulations in force in all relevant jurisdictions and for ensuring that any necessary test certificates are in force. It is the responsibility of the Buyer to carry out such inspection as he thinks necessary in line with clauses 5 and 6 above. 20.2 In bidding for any Lot, the Buyer acknowledges that he does not rely on any representation made to him by SA, its employees or agents. 20.3 This contract is made for the benefit of SA, the Seller, and the Buyer, and save where the Buyer acts as agent for a named principal in accordance with Condition 15.1, is not intended to benefit or be enforceable by anyone else. For the avoidance of doubt, any rights otherwise arising under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded. 21. GOVERNING LAW Any transactions to which the Terms apply shall be governed by English Law and the Courts of England shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms apply. 22. NOTICES 22.1 Any notices shall be deemed to have been received:- 22.1.1 if hand-delivered, at the time of delivery; 22.1.2 if sent by mail, two days after the date of posting. 22.2 In proving service by delivery:- 22.2.1 by hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee; 22.2.2 by post, it shall be necessary only to prove that the notice was contained in a pre-paid envelope which was duly addressed and posted first class. 23. DATA PROTECTION 23.1 All information provided to SA will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction. 23.2 SA reserves the right to pass on information when required by legislation, government authorities or the courts.