Supercar Fest Sale of Iconic & Classic Cars 28 May 2022

Supercar Fest Sale Of Iconic And Classic Cars Saturday 28th May 2022 130 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 agreed, only SA at its absolute discretion may bid on behalf of the Seller. 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 accepted either via the online bidding platform or telephone and commission bidding . It is therefore the responsibility of the Seller to insure the Lot before the Lot is sold and the responsibility of the Buyer to insure the Lot after the Lot is sold. 11.2 SA will not be responsible for any damage to or the loss or destruction of a Lot unless caused by the negligence of or other breach of duty by SA, its employees or agents in the ordinary course of their duties to SA and the Seller shall compensate SA in full in respect of all other claims and proceedings brought against SA in respect of any loss or damage to or destruction of the Lot. 11.3 SA will not be liable for any injury, loss or damage caused by any Lot or by the Seller’s negligence, or that of the Seller’s employees or agents in the ordinary course of their duties to SA. The Seller shall compensate SA in full in respect of all claims and proceedings brought against SA in respect of injury, loss or damage caused by any Lot or by the Seller’s negligence or breach of any obligation under the Terms. 12. PAYMENT OF SALE PROCEEDS 12.1 Subject to SA’s right of retention under Clause 3.2 and other provisions of this Clause 12, SA shall pay the Sale Proceeds to the Seller not later than 14 Working Days after the Auction provided that the Purchase Price has been received in full by SA and the Lot has been delivered to SA or the Buyer. Unless an alternative method of payment has been agreed by SA in writing, payment shall be made by telegraphic transfer. In the event of an unsettled hire purchase, finance agreement or any other charge or lien affecting the Lot SA reserves the right to settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance forthwith. 12.2 If the Purchase Price has not been received in full by SA within the time specified in clause 12.1 SA will pay the Sale Proceeds to the Seller within seven Working Days from when the Purchase Price is received in cleared funds from the Buyer. 12.3 In respect of road registered Motor Vehicles, SA reserves the right not to remit the Sale Proceeds to the Seller unless the Seller has deposited with SA the registration document of the Motor Vehicle, and any other documents relating to the Motor Vehicle in the Seller’s possession or control which he agreed with SA to supply. 12.4 If the Buyer fails to pay the Purchase Price within 28 days of the Auction, SA will notify the Seller who may instruct SA as to the appropriate course of action. SA may endeavour to assist the Seller but SA shall be under no obligation to do so, and shall not be under any obligation to institute proceedings in its own name. 12.5 In the absence of any written instructions from the Seller to SA within 7 days of SA having notified the Seller under clause 12.4 SA shall be entitled to take any of the actions set out in clause 19.: 12.6 Any monies recovered by and paid to SA in consequences of SA taking one or more of the steps referred to in clause 19 shall be applied to the payment of: 12.6.1 legal or other costs incurred by SA in connection with such steps;. 12.7 Expenses; 12.7.1 the Buyer’s Premium and the Seller’s Commission on the sale of the Lot; 12.7.2 any balance remaining shall be paid to SA to the Seller (or, if appropriate, the Buyer). If there shall be a shortfall any such shortfall shall be made good by the Seller to SA on demand. 12.7.3 If within 7 days after receipt of the notice referred to in clause 12.5 the Seller informs SA that he wishes re-delivery of the Lot, he shall be entitled to do so but only upon prior payment of all Expenses and all legal and other costs reasonably incurred by SA so as to keep SA fully compensated. 13. WITHDRAWAL 13.1. The Seller may by notice in writing to SA withdraw the Lot from the Auction. In the event of such withdrawal, the Seller shall within 14 days of withdrawal pay SA the sums set out in this Condition 13. All such sums shall be payable to SA as remuneration for the services performed by SA down to the date of withdrawal, and not by way of penalty or liquidated damages. 13.2 In all cases of withdrawal, the Seller shall be liable to pay SA 15% of the mid estimate value of the Lot, notwithstanding that commission of a lesser, or no, amount had previously been agreed, to reflect the time, effort, loss of publicity and buyer’s premium suffered by SA. In the event of a Lot having no reserve and therefore no estimate the Seller shall be liable to pay SA 10% of the auctioneer’s reasonable estimate. The fee shall be subject in each case to VAT and Expenses. 13.3.In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at his own expense within two working days after the date of withdrawal provided that the Seller may not collect the Lot unless and until any withdrawal fee payable under Conditions 13.1 and 13.2 shall have been paid in full. 14. REMOVAL AND STORAGE Prior to the Auction the Seller shall deliver the Lot to the Auction location at their own expense. Any motor vehicles not collected by the time specified in the key sale information for that Auction will be taken to our transport partners storage facility in Northampton at a cost of £175 plus VAT. Storage will be charged at £10 plus VAT per day from the Tuesday. 15. THE BUYER 15.1 The Buyer shall be the highest bidder at the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at his/her absolute discretion. Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by SA that a bidder acts as agent on behalf of the named principal, and that its principal has agreed to and/or is bound by these Conditions; in which case he shall be jointly liable with the principal under these Conditions. 16. BUYER’S PREMIUM 16.1 The Buyer shall pay the Buyer’s Premium to SA at the following rates: Motor Vehicles - 12.5% (plus VAT) on the first £300,000 of the hammer price and 10% (plus VAT) on the balance thereafter, Automobilia and Lifestyle items 20% (plus VAT) of the hammer price and Number Plates 10% (plus VAT) of the hammer price. The Buyer acknowledges that SA may also receive the Seller’s Commission due to SA