G E N E R A L C O N D I T I O N S O F S A L E
The text here below is a free translation of the general conditions in French. If there is a difference between the English version and the French version, the french version will prevail.
FRANCE EXPERTISES ENCHÈRES - STANISLAS MACHOÏR is an Auction House (SVV), registered under number 2002/384 and governed by the french law (July 2000). STANISLAS MACHOÏR is a Company dedicated to the voluntary sale of goods by auction. STANISLAS MACHOÏR acts as an agent to the vendor. The sales contract for the item auctioned publicy is agreed between the vendor and purchaser. The relation between STANISLAS MACHOÏR and the buyers is subject to the general conditions, as well as important information on buyers appended to this same catalogue.
Any reference in these general conditions to “STANISLAS MACHOÏR” will be deemed a reference to SVV FRANCE EXPERTISES ENCHERES – STANISLAS MACHOÏR (hereinafter referred to as “STANISLAS MACHOÏR”).
THE AUCTIONEER
Conducts the auction in French and in accordance with established practice concerning auctions. The descriptions in English are given for illustrative purposes only and in case of dispute the French description will prevail. The Auctioneer reserves himself the right to organize and conduct the sale, to modify the course of the sale, to withdraw any lot from sale, to bring together or separate lots. In case of a dispute, the Auctioneer reserves himself the right to continue or cancel the sale of a lot, or to put a lot back up in the event of conflict between several bidders. In case of several bids effectively recognized by the auctioneer, the lot will be put back up for bidding; all potential buyers may participate bidding at that time.
CATALOGUE
The description in this catalog will be written in French. All lots are sold in current conditions. The description, general conditions, the verbal statement as well as the estimate given in the catalog are given as the expression by STANISLAS MACHOÏR of the perception of the lot but cannot constitute the proof of a fact.
A lot is any item (good or motor vehicle) included in the catalogue, or the list of added lots, which are on view and to be presented for auction.
Estimates given by STANISLAS MACHOÏR are indicative in nature, and may not be deemed any guarantee of the auction price.
LOTS NO INCLUDED IN THE CATALOGUE
Some lots may be added to the sale without being included in the catalog. A supplementary list will be post during the exhibition and announced before the sale began.
VIEWING
The viewing is open to the public. This exhibition allows bidders to appreciate and examine any condition of the lots. STANISLAS MACHOÏR advises bidders to carefully examine the lots on which they are interested in bidding prior to Auction. STANISLAS MACHOÏR is at disposal of potential buyers to provide reports on conditions of the lots. No claims will be accepted once the hammer falls. Any amendment will be posted during the public exhibition and announced before the sale begins.
It is the responsibility of the purchaser to consult, before the sale, documents, relating to the vehicle they are interested in purchase, in particular technical inspections and road documents.
THE SALE
All potential buyers are request to register at the front desk at least an hour before the sale takes place. By registering, bidders agree to have read and accepted the conditions of the sale. A registration number will be provided allowing you to participate by bidding.
Anyone who bids at the auction is understood to have read and accepted the Conditions of Sale.
Any person is deemed acting on his own behalf except when prior notification, accepted by STANISLAS MACHOÏR is given that he acts as an agent of a third person. Bids can be executed at the sale’s room, by phone (telephone bids) or through the absentee bid form. Any person presenting himself as a bidder should have read and accept the terms and conditions of this catalog.
COMMISSIONS
The Auctioneer will be pleased to execute Commissions, on conditions the lots have been viewing by the intended purchaser or his authorized Agent. Lots will be procured as cheaply as is permitted by other bids. All Lots bought on commission must be paid for within 5 days of the date of sale, regardless whether or not they have been collected.
BIDDING BY TELEPHONE
STANISLAS MACHOÏR may graciously accept to receive bids by telephone from a potential buyer who has expressed such a request before the sale. Telephone bid orders must be submitted at least one hour before the sale. STANISLAS MACHOÏR will bear not liability or responsibility whatsoever in the event of telephone malfunction or when the communication breaks down. No guarantee is made as a result of orders received by mail, because of uncertainty about the security of the issuer.
ABSENTEE BID FORM
This form is an authorization from the buyer to purchase under the best conditions on his behalf. This form should be accompanied by your ID, your bank details, as well as the maximum bid in euros for each lot (ex. Premium buyers and VAT). The absentee bid order form should be sent by fax or by mail at least one hour before the sale. If you are the successful bidder, we will contact you at the end of the sale. If the auctioneer receives multiple bid orders regarding identical bids, priority should be given to the first form received. Telephone bids may be arranged for lots with a low estimate of at least 1500 euros.
SUCESSFUL BIDDER
The successful bidder is the person who brought the highest bid equal or higher than the reserve price (if stipulated). The auctioneer hammer’s stroke followed by the word 'adjugé' materializes the sale of the lot.
The bidder becomes the “buyer”, “acquirer’’, “purchaser”, “winning bidder”. The full payment is the mandatory condition to deliver the lot to the successful bidder.
If the reserve price has not been met, the Lot will be awarded merely by the strike of a hammer.
The purchaser of a vehicle must carry out all necessary formalities, of any type whatsoever, to use it on public highways, pursuant to legislation in force. The winning bidder is presumed to be aware of the legislation, and under no circumstances may STANISLAS MACHOÏR be held liable for failure by the winning bidder to respect said formalities.
CLEARANCE
Purchased Lots should be cleared on the day of the sale or the day following. Any Lot remaining after Monday 19th October 2015 – 6pm, will be removed to the SEVERI Storage Co. entirely at the owners risk and expenses.
After the sale, all risks pertaining to the lot shall be transferred to the buyer in full, unreservedly. It is the responsibility of the purchaser to have purchases insured. STANISLAS MACHOÏR rejects any liability for damage that the purchaser may suffer between the moment of the sale and removal of the lot in the event of breach of this requirement to the purchaser.
PACKING&SHIPPING
We do not undertake the postage, packing or delivery of items, but we recommend for such operations to be carried out by trusted collectors. If you wish to have your items for auction collected, we are happy to arrange this for you.
RESERVE PRICE
All lots have a reserve price (unless the opposite has been established) which is the confidential minimum price below which the lot shall not be sold. Certain lots may be put forward without reserve and they shall be marked with an asterisk(*)followed by the sentence ‘sans reserve’. The Auctioneer decides at its sole discretion the starting price which is generally below the low estimate. In the event of a lacking of bidding, the lot will be withdrawn of the sale. In the event that a reserve price has been stipulated by the seller, STANISLAS MACHOÏR, reserves itself the right to bid on behalf of the seller until the reserve price is reached.
STANISLAS MACHOÏR may not be held liable in the event of sale of a lot for which no reserve price has been established for a sum lower that the estimated.
SETTING A PRICE
The starting price is the starting point of the auction. There is no connection between the starting price, reserve price and the low estimate.
Pricing will be at the entire discretion of the auctioneer.
HAMMER PRICE AND THE BUYERS PREMIUM
The hammer price represents the last bid which marks the materialization of the sale between the seller and the buyer In addition to the hammer price the buyer’s agrees to pay STANISLAS MACHOÏR a premium of 24% on the hammer price (VAT included) on automobilia lots and 20% (VAT included) for the motos and vehicles.
PAYMENT AND VAT
The sale shall be executed in euros [€]. Anyone who is a bidder agrees to pay personally and immediately the total purchase price, as well as the applicable fees and taxes.
BUYER’S PREMIUM
In addition to the hammer price, buyers agrees to pay a Premium of 20% VAT included on motor cars and 24% VAT included on motorcycles lots.
(Decree No. 2002-210 – OJ February 19th, 2002)
PAYMENT
The purchaser must immediately pay the total purchase price, comprising the sale price and applicable fees and taxes.
An invoice shall be issued at the end of the sale. For absentee buyers, it will be sent by mail at the end of the sale.
VAT In the event that a lot might be exported to a country outside the EU, the owner shall notify the auctioneer as soon as the lot is sold.
STANISLAS MACHOÏR disclaims any responsibility for legal consequences of a buyer’s false statement.
METHODS OF PAYMENT
a) By French check: STANISLAS MACHOÏR accepts only French checks and in euros. Lots will be only delivered after effective receipt of the payment. The transfer of ownership will be made by STANISLAS MACHOÏR after the total and effective payment.
b) In cash in euros within the following limits:
- 3000 euros for French residents and traders (including fees and taxes)
- 15,000 euros (including fees and taxes) for all those persons not having its residence in France for tax purpose, upon presentation of official proof of identity and address.
c) By transfer in euros: our bank references will be given to the buyer directly.
All cost, such as bank commissions should be paid by the buyer.
PRE-EMPTION
The French state has a right of pre-emption on movable property put up for sale at public auctions. This right shall be effective via a representative from the State. The State then replaces the last bidder and has 15 days to confirm the right of preemption.
‘FOLLE ENCHERE’ PROCEDURE
Should the buyer fail to pay the amount due, and after notice, the lot will be re offered sale at the seller's request under the procedure known as procedure de folle enchère (irresponsible bidding). If the seller does not formulate this request within one month after the auction, the sale will be automatically canceled, without prejudice to any damages owed by the defaulting buyer.
TRANSPORTATION
All vehicle must be collected from the STADE ALLIANZ RIVIERA on Monday 19th October from 9am to 6pm.
The removal and transport of lots purchased are the sole responsibility of the buyer.
From Tuesday 20th October 2015, 9am, all lots will be removed from the Stade Allianz Riviera to storage at the Buyer’s expenses and will be carried by SEVERI to Saint Laurent du Var (5kms from the Stade) to their Storage place (ZI SECTEUR D11 – 22 ALLEE DES GEOMETRES - 06700 ST LAURENT DU VAR).
Contact. Mr. Philippe SEVERI (06.14.80.20.73).
severiautoclassic@gmail.com
Uplift and shipping charges from the ALLIANZ STADIUM RIVIERA to the SEVERI STORAGE in ST. LAURENT DU VAR:
150€ +VAT per lot under 1.7T
250€ + VAT per lot above 1.7T.
STORAGE Charges:
25€ exclusive of tax per day and per lot.
The lots will be delivered to the buyer only once full payment of fees and taxes will be cleared.
SEVERI could provide to purchasers all information concerning carriers. All this is organized with the aim to facilitate the transportation of the buyer’s vehicles, however no relationship whatsoever exists between the storage, carriers and STANISLAS MACHOÏR.
STANISLAS MACHOÏR disclaims for any responsibility of the lot, as it is under the exclusive responsibility of the buyer or the seller. STANISLAS MACHOÏR will not be liable in the event or through theft, loss or degradation of any lot.
INSURANCE: The lots acquired shall be insured by the buyer exclusively and immediately after the sale. STANISLAS MACHOÏR disclaims all liability for damages that may occur from the moment the sale was pronounced by the auctioneer.
DAMAGES: Any person damaging a lot during the pre-sale viewing or during the sale will be held legally responsible.
INTELLECTUAL PROPERTY: STANISLAS MACHOÏR is the owner of the copyright in its catalogs. All illustrations, images and information provided by the seller may be used by STANISLAS MACHOÏR at its sole discretion in order to advertise the sales and the lots. Nevertheless, it is strictly forbidden to photograph or film the progress of the sale.
Photographs taken during the exhibition are permitted only for private use. Videos are not allowed.
JURISDICTION All terms and conditions in this catalog are completely independent from each other. In case of dispute regarding its validity and execution, the parties submit themselves to French law and their enforcement by the competent courts in Toulouse, France. In case of conflict between the two versions, the text on French version will prevail.
