THE BUYER’S CONDITIONS- Any and all terms of sale posted on the auction premises, printed in sale brochures or forms, posted on our website (www.rmauctions.com), publicly announced, or otherwise published are incorporated herein by reference. It is the bidder’s responsibility to familiarise himself with these terms. You are responsible for all bids made with this bidder number, whether or not made by you and whether or not authorized by you. If your bidder card is lost or stolen, immediately report same to RM as all bids made with this bidder number will be your responsibility.
• THE BUYER
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 absolute discretion.
All bids submitted (whether in person, via the online bidding service, via telephone or via written bids) are final and bidders are not permitted to amend or retract bids. If a successful bid is submitted to RM (howsoever submitted) the Buyer irrevocably agrees to conclude the contract of sale between the Buyer and the Seller in accordance with these Conditions.
• COMMISSION AND EXPENSES
Each Buyer shall pay a commission to RM for any Lot purchased at Auction equal to 12% of the hammer Price plus applicable VAT for motor vehicles, or equal to 17% of the hammer Price plus applicable VAT for all other lots, as well as additional expenses and costs anticipated by RM in the interest of the Buyer and any other amounts payable by the Buyer to RM.
• PAYMENT
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. RM is not a party to the contract of sale and has no liability for any act or default by the Seller or the Buyer.
Full payment for all Lots shall be made to RM via bank draft or telegraphic transfer in euros or the currency used for the Auction by 5:00pm the next business day. Where the Buyer wishes to pay by cheque supported by a Letter of Guarantee from the Buyer’s bank and RM has agreed that the Buyer may do so, the Lot will not be released until the cheque has been cleared. Should the Buyer wish to pay by bank draft, the payment in question is accepted by RM only after positive and preventive checks with the issuing bank.
No Lot may be collected until the Purchase Price has been received in full by RM. Payments by a Buyer to RM may be applied by RM towards any such sums due from that Buyer to RM on any account whatsoever notwithstanding any directions to the contrary by the Buyer or his agent whether express or implied.
The Lot will be transferred to the Buyer only after RM has received the total amount of payment, as mentioned above. The parties agree that title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by RM, and until this time, the Seller shall remain liable for the risk of damage, destruction, loss and/or theft wholly or in part of the Lot.
• REMOVAL OF PURCHASES
The Buyer, upon payment in full to RM of the Purchase Price, shall, at his own expense, remove the Lot not later than the end of the first business day following the Auction.
The Buyer shall be responsible for the removal, storage, insurance and other charges incurred on any Lot awarded and paid and not taken away at the day and time specified above, as well as for the removal, storage, insurance and other charges incurred on any Lot awarded and not paid immediately. A Lot will be released only after payment of the total amount due to RM.
Burden and costs are at the buyer’s sole responsibility, when required by relevant legislation, so that the transfer of ownership is registered in public registers.
In the event that the Buyer does not remove the Lot within the maximum period of 35 days from the deadline referred to above, RM may, at its sole discretion and without prejudice to the subject of other rights, offer the Lot for sale in a public or private auction, as well as offset the expenses and costs incurred in the meantime with the proceeds from the RM sale. Any surplus will then be charged to the Buyer who has not taken care to withdraw the Lot in accordance with these conditions.
• LIABILITY OF RM AND THE SELLER
It is the sole responsibility of the Buyer to inspect the Lot before bidding and ensure the accuracy of its description as given in the auction Catalogue as well as in any brochures and any other illustrative material, and if necessary, to provide at his expense an inspection by his own expert to check ownership, attribution, authenticity, characteristics, the time of production of the car and the individual components, sourcing, restoration and reliability of the Lot. In any case, RM has no obligation either towards the Seller or towards the Buyer to check the accuracy of the description for and on behalf of the Seller.
Any reference to “mileage” and/or “mileage reached” in the auction Catalogue as well as in any brochures and any other illustrative material is based on the odometer reading of the motor vehicle and may not reflect on the actual distance covered by the motor vehicle.
Without prejudice to the liability of the Seller referred to in the above conditions, it will be the exclusive obligation and responsibility of the Buyer to make sure that each vehicle bought at the auction complies with all applicable regulations related to driving, use, transit by road or transport and that all relevant documentation is valid and complies with relevant legislation.
The Buyer will also be solely responsible for obtaining any export license that may be required in connection with the Lots purchased, resulting in a waiver of any liability of RM in this regard. The failure to issue or delay in the issuance of any license does not constitute cause for termination or cancellation of the sale, nor does it justify the delay in payment by the Buyer of the total amount due.
Any statements made by RM, its employees or its representatives regarding the authenticity, provenance, origin, conditions, status and quality of the Lot(s) represent only the information given to RM by the Seller.
• GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed exclusively by Italian law.
Any dispute that should arise in connection with the application, interpretation and performance of these general terms and conditions and/or the Consignment Contract between RM and the Seller shall be subject to the exclusive and mandatory jurisdiction of the courts of Brescia.
• PRIVACY AND MISCELLANEOUS
Pursuant to Legislative Decree no. 196/2003 [as subsequently amended], the Client is informed that the data collected will be processed electronically by RM Auctions Italia Srl for the purposes of discharging payment obligations, for management, fiscal, accounting and legal requirements, and for the promotional purposes of RM. The Client consents, in accordance with the applicable legislation, to said data being disclosed and transferred to companies in the RM Auctions group, including those in foreign countries. The data controller is RM Auctions Italia Srl, based at Via Conservatorio n. 15, Milan (MI), 20122, Italy (co. reg. no. 02863930984).
Any amendment to these Conditions shall only take effect unless accepted by RM in writing, with a specific indication of the manner in which it replaces the previous clause.
