Loading Spinner
Don’t miss out on items like this!

Sign up to get notified when similar items are available.

Lot 9: 1992 Rover Mini British Open Classic

Est: £8,000 GBP - £9,000 GBPPassed
Fine Car CompanyJune 01, 2024Reading, United Kingdom

Item Overview

Description

The 1992 Rover Mini British Open Classic is a charming and iconic representation of British motoring heritage. One of just 1,000 produced and presented in the quintessential British Racing Green, this Mini is in good condition, embodying the classic appeal that has made the Mini a beloved model for decades. The interior features a tasteful combination of beige leather and cloth, maintaining a good condition that complements the car's exterior. Equipped with a manual transmission and powered by a petrol engine, this Mini delivers the spirited driving experience synonymous with the brand. It boasts a full service history, accompanied by an extensive file of bills, receipts, and parts, ensuring that its maintenance has been meticulously documented. The car is also supplied with a comprehensive collection of paperwork, further validating its well-kept status. This right-hand drive Mini has a mileage of 65,700 and was last serviced by the owner on 5th May 2023. It is currently MOT'd until 25th August 2024, though it remains untaxed. Over its lifetime, it has had six owners, each contributing to its preservation and upkeep. An added feature of this Mini is the adjustable camber kit, enhancing its handling and driving dynamics. This 1992 Rover Mini British Open Classic, with its rich history and excellent condition, is a delightful find for collectors and enthusiasts alike.

Payment & Shipping

Payment

Accepted forms of payment: MasterCard, Visa, Wire Transfer

Shipping

Shipping can be arranged by us at the buyer's expense, via a third party should a buyer request it. Any buyer is also welcome to arrange their own shipping at their own expense, and we can help to arrange. Please reach out to us if you would like to discuss.

Auction Details

Classic Car Auction - Pangbourne College Car Show

by
Fine Car Company
June 01, 2024, 12:00 PM BST

Pangbourne College Pangbourne Road, Reading, BRK, RG8 8LA, UK

Terms

Buyer's Premium

8.0%

Bidding Increments

From:To:Increment:
£0+£100

Conditions of Sale

Terms and Conditions of Business

1. GOVERNING LAW
All transactions to which the conditions apply shall be governed by English Law, and the parties hereby submit to the exclusive jurisdiction of the English Courts and irrevocably agree to waive any right to assert that proceedings ought not to be brought in England and Wales on grounds of forum non conveniens.
2. FINE CAR COMPANY LTD AS AGENT
Fine Car Company Ltd sells as agent for the Seller (except where it is expressly stated to be selling as principal) and is not liable for any act or default by the Seller or the Buyer save where such act or default is due to the actual fault of Fine Car Company Ltd. All sales are to be presumed to be sales on behalf of private individuals unless specifically notified to the contrary in the catalogue, or elsewhere in writing.
3. FINE CAR COMPANY LTD' DISCRETION IN CASE OF DISPUTES BETWEEN THE BUYER AND THE SELLER
If Fine Car Company Ltd is notified or becomes aware of the Seller's alleged breach of any of these Conditions before it has remitted the proceeds of sale from any Lot to the Seller, it may at its sole discretion, withhold payment until that dispute is resolved. Fine Car Company Ltd may, however, deduct any sums that are due to it from the sum held.
4. LOSS OR INJURY
Fine Car Company Ltd shall be under no liability for any injury, damage or loss sustained by any person or to any property while on Fine Car Company Ltd's premises (including any premises where a sale may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd.
5. NOTICES
i. Any notice by Fine Car Company Ltd to a Seller, Buyer or any other person may, in addition to such other methods as that person may accept, be delivered by email, hand or sent by first class mail or airmail and shall be deemed to have been duly received:
a) If emailed when dispatched; if hand-delivered, at the time of delivery.
b) If sent by mail, two business days after the date of posting if posted to an address within the country of posting and seven business days after the date of posting if posted to an address within a country outside the country of posting.
ii. Any notice to Fine Car Company Ltd may be delivered by hand to one of its authorised representatives at Fine Car Company Ltd's registered place of business or auction premises, or sent by first class mail or airmail to its registered place of business. Unless otherwise agreed in writing, Fine Car Company Ltd do not accept service of any notice by facsimile or email.
iii. In proving service by delivery:-
a) By hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;
b) 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 or by airmail.
6. SELLER'S WARRANTIES AND REPRESENTATIONS
i. The Seller warrants and represents to Fine Car Company Ltd and the Buyer in the terms of subparagraphs (a) to (e) that:-
a) 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 (ownership) free from all encumbrances and third party claims, and that all taxes are paid.
b) The Seller has complied with all requirements relating to any export or import of the Lot as may be required, and has notified Fine Car Company Ltd in writing of any failure to comply with such requirements by the Seller or any previous owner of the Lot;
c) The Seller has notified Fine Car Company Ltd 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 Fine Car Company Ltd with all such information in the Seller's possession;
d) In the case of a Motor Vehicle which may be lawfully used on a public road, complies with all statutory provisions and that there is in force any test certificate required by law in relation to such use, or the Seller has notified Fine Car Company Ltd in writing that any such vehicle cannot lawfully be used on a public road;
e) The Seller warrants that the information about the Lot given to Fine Car Company Ltd, including (for the avoidance of doubt and without prejudice to the generality of the foregoing) all information set out in the Auction Entry Form, and statements made about it, is true.
7. The Seller of a Lot not in the possession of Fine Car Company Ltd on its premises or under its control warrants and undertakes that the Lot will be available and in a deliverable state on demand by the Buyer;
8. The Seller hereby acknowledges that Fine Car Company Ltd has entered into this contract in reliance on the representations set out in Conditions 6.i(a) to (e) and the information set out in the Auction Entry Form.
9. The Seller shall indemnify Fine Car Company Ltd against any and all actions, claims, actual costs (including legal and expert costs, fees and disbursements), demands, expenses, fines, liabilities, losses, penalties and proceedings arising out of the falsity of any of the warranties and representations set out in Conditions 6 - 9.
10. If Fine Car Company Ltd has reasonable cause for believing that the Seller is in breach of any one or more of the warranties set out in this Condition 6-9 Fine Car Company Ltd may by giving notice in writing to the Seller decline to sell the Lot, and the Seller shall be liable to Fine Car Company Ltd as though the Seller had withdrawn the lot from sale without Fine Car Company Ltd consent. If the Lot is in the possession of Fine Car Company Ltd, it may retain it until any sums due to Fine Car Company Ltd are paid, the cost of storage being borne by the Seller.
11. The Seller shall further indemnify Fine Car Company Ltd in respect of any actual legal or other costs reasonably incurred by it in investigating any claim concerning the ownership of a Lot and/or the Seller's right to sell the Lot, the accuracy of the description of the Lot contained in the Catalogue or in defending any claim relating thereto, and Fine Car Company Ltd shall be entitled to withhold the amount of such costs from any payment due to be made to the Seller in accordance with Condition.
12. VEHICLE REGISTRATION NUMBERS
i. If the Seller wishes to sell any Motor Vehicle but to retain the right to the registration number of the Vehicle ("VRN"), it is the Seller's responsibility to notify Fine Car Company Ltd in writing either on the Auction Entry Form or sooner. ii. It shall be the Seller's responsibility to take all necessary steps to ensure that the current VRN is reserved and that a new number is allocated prior to the Motor Vehicle being sold at the Auction and if they does not do so, Fine Car Company Ltd shall not be responsible for any loss or damage whatsoever and howsoever arising (including for the avoidance of doubt arising out of Fine Car Company Ltd' negligence) out of the Seller's loss of the right to the VRN following the sale of the Vehicle. iii. Fine Car Company Ltd may, at its own discretion, (without any assumption of responsibility or duty towards the Seller or the Buyer) take such steps to facilitate the reservation or transfer of any particular registration number as it thinks fit in order to assist the Seller or Buyer but strictly on condition that no claim attaches to Fine Car Company Ltd for taking any such steps whether arising out of Fine Car Company Ltd' negligence or any other cause whatsoever.
13. RESERVES
The Seller may place a reserve price ("Reserve") on any Lot prior to the Auction and once placed by the Seller, it may not be changed without the written consent of Fine Car Company Ltd. All Lots will be sold without Reserve unless a Reserve has been agreed by Fine Car Company Ltd in writing.
i. Where a Reserve has been agreed, only Fine Car Company Ltd may bid on behalf of the Seller. If the Seller makes such a bid, then the Auctioneer may knock the Lot down to the Seller without observing any Reserve and the Seller shall pay to Fine Car Company Ltd the Buyer's Premium in addition to the Seller's Commission and Expenses.
ii. Where a Reserve is agreed, Fine Car Company Ltd may at its sole discretion sell a Lot for less than the Reserve but shall account to the Seller as if the Lot had been sold for the Reserve.
iii. If no Reserve has been placed on a Lot, Fine Car Company Ltd shall not be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue, save insofar as and limited to the extent that the same arises out of the actual fault or negligence of Fine Car Company Ltd.
14. COMMISSION AND EXPENSES
i. The parties hereby acknowledge that Fine Car Company Ltd shall be entitled to deduct from the Hammer Price a Seller 's Commission of 4% for cars, 4% for motorcycles and in the case of automobilia and registration numbers 15% (subject to a minimum of £150) or such other sum agreed by Fine Car Company Ltd in writing, plus any Expenses, and any other sums due from the Seller to Fine Car Company Ltd.
ii. The Buyer shall pay (and the Seller acknowledges Fine Car Company Ltd's entitlement to) a Buyer's Premium equal to 8% of the Hammer Price for cars subject to a minimum of £150 and 6% of the Hammer Price for motorcycles, automobilia and registration numbers subject to a minimum of £150.
15. PHOTOGRAPHY AND ILLUSTRATIONS
The Seller permits Fine Car Company Ltd without payment to photograph or video and make illustrations of any Lot and to use at its discretion any photograph or illustration of or in respect of a Lot supplied by the Seller, whether or not in conjunction with the Auction. The copyright in all photographs taken and illustrations made of any Lot by or on behalf of Fine Car Company Ltd shall be the absolute property of Fine Car Company Ltd.
16. FINE CAR COMPANY LTD' ESTIMATES AND DESCRIPTIONS
Fine Car Company Ltd make no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given by Fine Car Company Ltd, whether written or oral and whether or not printed in any Catalogue for the Auction, 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 Fine Car Company Ltd's sole discretion and should not be relied upon as an indication of the actual selling price.
Fine Car Company Ltd shall not be liable to the Seller for any error or mis-statement in or omission from the description of any Lot in any Catalogue where:- a) Fine Car Company Ltd have been provided with such description by the Seller or any person on their behalf; or
b) Fine Car Company Ltd have provided the Seller with a copy of such description prior to publication of the catalogue and neither the Seller nor any person on their behalf have notified Fine Car Company Ltd in writing within seven days of any error or mis-statement in or omission from the description
i. Any Motor Vehicle is sold as a collector's item and not as a means of transport. Buyers are specifically warned that any vehicle sold as such may well have had parts replaced and paint renewed or be made up of parts from other vehicles the condition of which may be difficult to establish. Fine Car Company Ltd has to rely on information as to date, condition authenticity, maintenance, repairs and restoration provided by Sellers and does not, and cannot, undertake its own inspection of vehicles or other Lots to establish whether the vehicle or other Lot conforms with the description in the catalogue. It is the responsibility of the Buyer to carry out such inspection as they think necessary. Unless a vehicle is described as wholly original, the Buyer may not assume that all or any part of it is original
ii. No warranty is given by Fine Car Company Ltd as to the accuracy of the description of any Lot in any Catalogue or as to the age, authenticity, suitability, provenance, attribution, origin, condition, fitness for purpose, merchantable or satisfactory quality of any Lot or roadworthiness of any Motor Vehicle, and any warranties or conditions that would otherwise be implied by the Sale of Goods Act I979 in relation to the foregoing are hereby expressly excluded.
iii. Fine Car Company Ltd has no duty to the Seller to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
17. WITHDRAWAL OF LOTS
i. The Seller may by notice to the Auctioneer, either in writing or by email, withdraw the Lot from the Auction. If the Seller does so they shall be liable to pay the Auctioneer 2% of the stated rate of the Seller's commission calculated on the reserve value of the Lot that the Auctioneer would have received had the Lot been sold for the reserve value.
ii. In the event that the Seller withdraws the Lot from the Auction the Seller shall arrange for the collection/removal of the Lot at their own expense within 2 working days after the date of withdrawal provided that the Seller may not collect the Lot unless or until any withdrawal fee payable under Conditions 5.1 shall have been paid in full and any storage charges have been met by the Seller.
iii. In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at their own expense within two working days after the date of withdrawal after which it will be charged at £50 per day for a standard size vehicle, £20 per day for a motorcycle. Larger vehicles such as commercials will be charged pro rata according to size.
iv. the Seller may not collect the Lot unless and until any withdrawal fee payable under contract shall have been paid in full.
18. UNSOLD LOTS
i. Where any Lot fails to sell at the Auction, Fine Car Company Ltd will have the sole and exclusive right to sell the Lot by private treaty within 14 days of the Auction date. These terms and conditions (including, for the avoidance of doubt, Clause 13 as to Reserves) shall govern any such sale by private treaty.
ii. Unless Fine Car Company Ltd elects to sell the Lot by private treaty in accordance with Clause 18(i), the Seller shall arrange for the removal of any unsold Lot within three working days following the Auction or by such other time as agreed by Fine Car Company Ltd
iii. Failure to remove any unsold Lot pursuant to Condition 18(i) above will entitle Fine Car Company Ltd to charge the Seller storage charges after 14 days of £50 per day for a standard size vehicle, £20 per day for a motorcycle. Larger vehicles such as commercials will be charged pro rata according to size, per day. The Seller shall further reimburse Fine Car Company Ltd for any reasonable removal, insurance and other expenses.
iv. If within 28 days after the Auction the Seller fails to give instructions to Fine Car Company Ltd regarding the disposal of the Lot, Fine Car Company Ltd shall have the exclusive right at its election to:
a) sell the Lot by private treaty, or by Auction without Reserve, in either case in accordance with these Conditions. In such a case, Fine Car Company Ltd shall be entitled to deduct from any sale price all sums owing to Fine Car Company Ltd including the Seller 's Commission and any charges incurred under this Condition 18.
19. RISK AND INSURANCE
i. The Lot shall at all times remain at the risk of the Seller until ownership of the Lot passes from the Seller to the Buyer under these Conditions. At no time shall ownership of the Lot pass to Fine Car Company Ltd other than in accordance with clause 25
ii. Until such time as risk passes to the Buyer in accordance with Condition 18, responsibility for arranging insurance for the Lot shall remain with the Seller, whereupon it shall pass to the Buyer. In no case shall Fine Car Company Ltd undertake responsibility for arranging insurance.
iii. Fine Car Company Ltd will not be liable for any injury, loss or damage caused by any Lot unless caused by the negligence of Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd or by the Seller's negligence or other breach of the Conditions. The Seller or the Buyer (as appropriate) shall compensate Fine Car Company Ltd in full in respect of all claims and proceedings brought against Fine Car Company Ltd in respect of injury, loss or damage caused by the Seller's or Buyer's (as appropriate) negligence or breach of any obligation under the Conditions.
20. THE BUYER
i. The Buyer shall be the highest bidder at the Auction. The Buyer's bid shall form the basis of the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at their absolute discretion.
ii. Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by Fine Car Company Ltd 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 they shall be jointly liable with the principal by these Conditions.
iii. No person shall be entitled to bid at the Auction without first having completed and delivered to Fine Car Company Ltd a bidder's registration form.
21. ABSENTEE BIDS
Whilst the interests of prospective Buyers are best served by attendance at the Auction, Fine Car Company Ltd will, if so instructed, execute bids on behalf of prospective bidders, buying it as cheaply as possible in line with reserves or other bids. Fine Car Company Ltd, its agents or employees shall not be responsible for any defaults beyond Fine Car Company Ltd' control relating to telephone, fax or other absentee bids including without limitation any telecommunications fault or failure.
22. SALE
i. 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. Fine Car Company Ltd is not a party to the contract of sale and has no liability for any act or default by the Seller or the Buyer.
ii. The Buyer shall:-
a) Immediately upon a Lot is sold, give to Fine Car Company Ltd their name and address and, if so requested, proof of identity if they has not already done so; and
b) Pay to Fine Car Company Ltd as agent for the Seller the Purchase Price in accordance with Condition 20.1 unless credit terms have been agreed with Fine Car Company Ltd in writing before the Auction.
iii. Full payment for all Lots must be made to Fine Car Company Ltd by means of bank transfer or telegraphic transfer only in pounds sterling or the currency in which the sale was conducted.
iv. No Lot may be collected until the Purchase Price has been received by Fine Car Company Ltd and payments by a Buyer to Fine Car Company Ltd may be applied by Fine Car Company Ltd towards any sums due from that Buyer to Fine Car Company Ltd on any account whatsoever notwithstanding any directions to the contrary by the Buyer or their agent whether express or implied.
v. The ownership of the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by Fine Car Company Ltd.
vi. Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and ownership will not pass to the Buyer before payment of the Purchase Price in full and Fine Car Company Ltd will not be responsible for any damage to or the loss or destruction of the Lot or any injury, loss or damage caused by the Lot unless caused by the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd. The Buyer will compensate Fine Car Company Ltd in full in respect of all claims and proceedings brought against Fine Car Company Ltd in respect of any loss or damage to the Lot or injury, loss or damage caused by it not arising from the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd
23. PAYMENT OF SALE PROCEEDS
i. Unless otherwise agreed in writing by both Fine Car Company Ltd and the Seller, the Buyer shall pay Fine Car Company Ltd forthwith and, in any event, no later than 2 days from the Auction the Purchase Price.
ii. Fine Car Company Ltd shall pay the Net Sale Proceeds to the Seller not later than 14 days after the Auction, or within five working days after receiving cleared funds from the Buyer, whichever shall be the later. Fine Car Company Ltd shall be under no liability as a result of or arising out of any delay or failure by the Buyer in making payment.
iii. Unless an alternative method of payment has been agreed by Fine Car Company Ltd in writing, payment of the Net Sale Proceeds shall be paid to Fine Car Company Ltd by Bacs, credit, or cash (up to the value of 10,000 Euros, dependent on the exchange rate to GBP).
iv. Fine Car Company Ltd may in its discretion withhold remittance of the Net Sale Proceeds to the Seller until such time as the Seller has deposited with Fine Car Company Ltd the V5 registration document in the case of a UK registered vehicle or, in the case of an unregistered, or non-UK registered vehicle, the appropriate documents of title (ownership) relevant and appropriate to the country of registration of the vehicle, and any other documentation relating to the vehicle in the Seller's possession or control which they agreed with Fine Car Company Ltd to supply. Transfer can be done online using the following url: https://www.gov.uk/sold-bought-vehicle.
23. VALUE ADDED TAX
(i) The Seller will be responsible for accounting for any Value Added Tax on the Sale of a Lot.
(ii) The Seller must state to the Auctioneers whether he is registered for Value Added Tax and if registered his Value Added Tax registration number and whether he operates under a flat rate scheme or any Value Added Tax Margin Scheme. If he is not registered for Value Added Tax the Seller hereby confirms that he has instructed the Auctioneers to arrange on his behalf the auction or sale of the Lots he has entered.
(iii) The Auctioneers will not account to the Seller for any Value Added Tax without the information required by Clause 23(ii).
(iv) Where the Seller does not advise the Auctioneers of the appropriate rate of or status for VAT of a Lot the Auctioneer will apply the rate or status that appears appropriate from the information available to them and will not accept liability for any errors.
25. BUYER'S DEFAULT
i. In the event that the Purchase Price is not duly paid in accordance with Condition 20.1, Fine Car Company Ltd may hold the Buyer in default and shall as against the Buyer (a "Defaulting Buyer") have the following rights, in addition to those set out below:
a) As agent for the Seller, to charge interest at a rate not exceeding 5% per annum above the Bank of England base rate on so much of the Purchase Price as remains due and unpaid;
b) To retain any Lot sold to the same Buyer at the same or any other Auction and to release it only after payment of the total amount due;
c) To reject or disregard any bid or bids made by or on behalf of the Defaulting Buyer at any future auction or to require payment of a deposit before any future bid made by or on behalf of that Buyer;
d) 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 on any property of the Defaulting Buyer which is in Fine Car Company Ltd' possession for any purpose.
e) If the Buyer continues to fail to make payment of the Purchase Price in full within 14 days of it falling due, Fine Car Company Ltd may (if so instructed by the Seller, or acting of its own motion) without prejudice to any other rights it may have, exercise one or more of the following additional remedies:
f) To institute proceedings against the Buyer in its own name, or in the name of the Seller for damages or specific performance for breach of the sale contract;
i. To institute proceedings against the Buyer in its own name in respect of the Buyer's Premium and any other sums that the Buyer shall be liable to pay Fine Car Company Ltd;
g) To cancel the sale of that or any other Lot sold to the Defaulting Buyer at the same or any other auction notwithstanding the total amount due in respect of such other Lot shall have been paid;
i. To re-sell the Lot or cause it to be resold by public auction or private sale.
ii. If the Buyer fails or refuses to pay the Purchase Price in full within 35 days of the Auction, Fine Car Company Ltd will notify the Seller who may instruct Fine Car Company Ltd as to the appropriate course of action, including but not limited to one or more of the courses of action set out below. Such notice will draw attention to the 14 day limit for the provision of instruction Fine Car Company Ltd shall if instructed take reasonable steps to assist the Seller but Fine Car Company Ltd shall be under no obligation to institute proceedings in its own name or personally incur any cost or expense.
iii. In the absence of any written instructions from the Seller to Fine Car Company Ltd within 14 days of Fine Car Company Ltd' notice to the Seller then Fine Car Company Ltd shall in its sole discretion be entitled to do any of the following in its capacity as the Seller's agent and with the Seller's full authority:-
h) To agree terms for the payment of the Purchase Price with the Buyer;
i) To remove, store and insure the Lot at the expense of the Buyer;
j) To settle claims and/or proceedings made by or against the Buyer on such terms as Fine Car Company Ltd shall at its absolute discretion think fit;
k) To take such steps as Fine Car Company Ltd shall at its absolute discretion consider necessary to collect the monies due from the Buyer;
l) Where appropriate to rescind and/or terminate the sale and in its sole discretion:
m) Return the Lot to the Seller, and distribute any monies received to the Buyer in accordance with Conditions 25
n) Offer the Lot for re-sale, by Auction or private treaty, with or without Reserve;
o) Purchase the Lot itself at the Hammer Price or such other price as may be agreed with the Seller, in which case property in the Lot shall pass to Fine Car Company Ltd and Fine Car Company Ltd shall remit the Hammer Price to the Seller within fourteen days of its election less any sums payable under this agreement;
p) To appoint a solicitor and/or other agent to pursue any of the courses of action referred to above and the Seller authorises Fine Car Company Ltd to take any of the courses referred to in this agreement, including the issue and prosecution of proceedings on the Seller's behalf and in the Seller's name.
q) in the event that the sale contract for the Lot is rescinded because of the Buyer's default aforesaid, whether as a result of the Seller's instruction or Fine Car Company Ltd' action taken under the agreement the Seller shall nonetheless (and without prejudice to any claim that they may have against the Buyer) be liable to pay Fine Car Company Ltd the following sums
i. Legal or other costs on an indemnity basis reasonably incurred by Fine Car Company Ltd in connection with such steps; and
ii. Expenses
iii. The Seller's Commission, by way of remuneration for the services performed by Fine Car Company Ltd down to the date of rescission, and not by way of penalty or liquidated damages. r) Any monies recovered by and paid to Fine Car Company Ltd in consequence of Fine Car Company Ltd taking one or more of the steps referred to in this agreement against a Defaulting Buyer, or any of the Purchase Price as shall have been paid by the Defaulting Buyer, shall be applied to the payment of:-
i. Legal or other costs reasonably incurred by Fine Car Company Ltd in connection with such steps; and then
ii. Expenses; and then
iii. The Seller's Commission, by way of remuneration for the services performed by Fine Car Company Ltd down to the date of recovery, and not by way of penalty or liquidated damages.
iv. Any balance remaining shall be apportioned pro rata as between the Buyer's Premium, and any payable sums to the Seller; and then
v. Any balance thereafter to the Buyer.
s) In the event that any monies recovered do not cover the sums set out at Conditions 25 any such shortfall shall be made good by the Seller to Fine Car Company Ltd on demand
26. REMOVAL OF PURCHASES
i. The Buyer shall, at their own expense, remove the Lot purchased not later than the day and time specified by Fine Car Company LTD but not before payment in full to Fine Car Company Ltd of the Purchase Price whether in respect of this or any other Lot.
ii. The Buyer shall be responsible for all removals, storage, insurance and other charges on any Lot not taken away at the day and time specified in this agreement.
iii. If the Lot is not collected by the Buyer within 3 days of the Auction, whether or not the Purchase Price has been paid, and whether or not the Buyer is consequently entitled to collect the Lot, Fine Car Company Ltd shall remove, store (either at Fine Car Company Ltd' 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.
iv. If the Buyer fails to collect the Lot within 14 days of the Auction, Fine Car Company Ltd shall notify the Seller who shall at their sole discretion elect to:
a) Cancel the sale of the Lot and take back possession of the Lot; or
b) Re-sell the Lot or cause it to be re-sold by public auction or private sale; or
c) Continue to remove, store and insure the Lot at their expense, but subject to being entitled to recoupment of such expenses from the Buyer, and subject to being entitled to elect (a) or ( b) at any time thereafter.
v. In the event that the sale contract is canceled, or the Lot is re-sold, in accordance with this agreement, the same provisions shall apply as under Condition 26 above, "Buyer's Default", as regards any of the Purchase Price paid to the date of that cancellation or re-sale.
27. RESPONSIBILITY FOR LOTS PURCHASED
i. Subject to the Seller' s compliance with Condition 6 it shall be the responsibility of the Buyer to ensure that any Motor Vehicle purchased at Auction complies with the appropriate statute or regulation for driving, using or transporting it and for ensuring that any necessary test certificate is in force. In no case shall Fine Car Company Ltd be liable for any breach by the Seller of Condition 6 or by the Buyer of this Condition 27
ii. Subject to the Seller' s compliance with Condition 6 the Buyer shall be responsible for obtaining any export license that may be required in connection with the Lot. In no case shall Fine Car Company Ltd be liable for any breach by the Seller of Condition 6 or by the Buyer of this Condition 27
28. RESCISSION FOR SELLER'S DEFAULT
i. Should the Buyer become entitled to rescind the sale contract and/or reject the Lot and/or refuse to pay the Purchase Price as a result of any breach by the Seller of these Conditions, including in particular any breach of the warranties set out in Condition 6, the Seller shall be liable to pay the following:
a) Any legal or other costs reasonably incurred by Fine Car Company Ltd, on an indemnity basis; and
b) Expenses;
c) The Seller 's Commission;
d) The Buyer's Premium.
ii. Fine Car Company Ltd shall be entitled to retain the Lot until such sums as are payable under Condition 28 are paid in full by the Seller.
29. LIMITATION OF LIABILITY
i. Save as is expressly provided for in these Conditions, none of Fine Car Company Ltd, the Seller or the Buyer shall be liable for any loss of profit, loss of revenue, loss of use, business or interruption, loss of reputation, credit or goodwill, or any indirect or consequential damages whatsoever.
ii. Without prejudice to Condition 29 Fine Car Company Ltd shall not be liable to pay to any other a sum greater than the reserve value of the Lot as defined in Condition 17;
30. FORCE MAJEURE
i. Should there be any event or occurrence outside the reasonable control of Fine Car Company Ltd, whether foreseeable (or foreseen) or not, which in the reasonable opinion of Fine Car Company Ltd shall prevent, hinder or impede the Auction, its conduct, or the sale of the Lot at Auction, Fine Car Company Ltd may in its sole discretion cancel the Auction or remove the Lot from the Auction, in which case it shall as soon as reasonably possible notify the Seller of its decision accordingly.
ii. Upon receipt of Fine Car Company Ltd' notice as set out in Condition 30, the Seller may by notice in writing to Fine Car Company Ltd elect to:
a) Re-enter the Lot into the next auction to be conducted by Fine Car Company Ltd in respect of which the Lot is a suitable lot (as judged by Fine Car Company Ltd in their reasonable opinion); or
b) Instruct Fine Car Company Ltd to sell the Lot by private treaty within 14 days of such Seller's notice, as though the Lot was an unsold lot at Auction for the purposes of Condition 18; or
c) Cancel this contract without any payment or penalty, save that where the Auction catalogue had been printed prior to cancellation, Fine Car Company Ltd shall be entitled to retain any cataloguing fee paid by the Seller.
iii. In the event that the Seller does not make any election in writing under Condition 30 within 14 days of receipt of Fine Car Company Ltd' notice, the right of election shall irrevocably pass to Fine Car Company Ltd who may elect for one of the three courses of action set out in Condition 30. In case Fine Car Company Ltd elects to sell the Lot by private treaty, the 14 day sale period shall in this case run from the date of Fine Car Company Ltd' election.
iv. Any sale of the Lot under this Condition 30, whether at subsequent auction or by way of private treaty, shall be in accordance with these Conditions.
31. MISCELLANEOUS
i. The benefit and burden of the Conditions may not be assigned by the Seller or the Buyer without Fine Car Company Ltd' prior agreement in writing.
ii. If any Condition or any part of any Condition shall be held to be unenforceable or invalid that Condition shall be severed, and such unenforceability or invalidity shall not affect the enforceability and validity of the remaining conditions or the remainder of the relevant condition.
iii. These Conditions constitute the entire agreement between the parties and supersede all previous drafts, agreements, arrangements, understandings and conventions between them, whether written or oral, relating to the subject matter of this contract.
iv. These Conditions may not be altered or varied unless with Fine Car Company Ltd consent in writing.
v. The Buyer and the Seller both acknowledge and warrant that in entering into this contract (and in the case of the Buyer, in bidding for any Lot) they do not rely and have not relied on any representations made by or on behalf of Fine Car Company Ltd, save where such representations have been confirmed or set out in writing signed by a partner of Fine Car Company Ltd.
vi. No waiver of any rights arising under these Conditions shall be effective unless in writing. Any such waiver shall not be considered as a waiver of any subsequent breach, whether of the same or any other provision
vii. This contract is made for the benefit of Fine Car Company Ltd, the Seller, and the Buyer, and save where the Buyer acts as agent for a named principal in accordance with Condition 20, 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.
viii. The headings and numbering used in the Conditions are for convenience only and shall not affect their interpretation.
ix. In the event of any of the terms above being in compatible one with another, the term most beneficial to Fine Car Company Ltd shall prevail.

Shipping Terms

Shipping can be arranged by us at the buyer's expense, via a third party should a buyer request it. Any buyer is also welcome to arrange their own shipping at their own expense, and we can help to arrange. Please reach out to us if you would like to discuss.

Conditions of Business

Terms and Conditions of Business

1. GOVERNING LAW
All transactions to which the conditions apply shall be governed by English Law, and the parties hereby submit to the exclusive jurisdiction of the English Courts and irrevocably agree to waive any right to assert that proceedings ought not to be brought in England and Wales on grounds of forum non conveniens.
2. FINE CAR COMPANY LTD AS AGENT
Fine Car Company Ltd sells as agent for the Seller (except where it is expressly stated to be selling as principal) and is not liable for any act or default by the Seller or the Buyer save where such act or default is due to the actual fault of Fine Car Company Ltd. All sales are to be presumed to be sales on behalf of private individuals unless specifically notified to the contrary in the catalogue, or elsewhere in writing.
3. FINE CAR COMPANY LTD' DISCRETION IN CASE OF DISPUTES BETWEEN THE BUYER AND THE SELLER
If Fine Car Company Ltd is notified or becomes aware of the Seller's alleged breach of any of these Conditions before it has remitted the proceeds of sale from any Lot to the Seller, it may at its sole discretion, withhold payment until that dispute is resolved. Fine Car Company Ltd may, however, deduct any sums that are due to it from the sum held.
4. LOSS OR INJURY
Fine Car Company Ltd shall be under no liability for any injury, damage or loss sustained by any person or to any property while on Fine Car Company Ltd's premises (including any premises where a sale may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd.
5. NOTICES
i. Any notice by Fine Car Company Ltd to a Seller, Buyer or any other person may, in addition to such other methods as that person may accept, be delivered by email, hand or sent by first class mail or airmail and shall be deemed to have been duly received:
a) If emailed when dispatched; if hand-delivered, at the time of delivery.
b) If sent by mail, two business days after the date of posting if posted to an address within the country of posting and seven business days after the date of posting if posted to an address within a country outside the country of posting.
ii. Any notice to Fine Car Company Ltd may be delivered by hand to one of its authorised representatives at Fine Car Company Ltd's registered place of business or auction premises, or sent by first class mail or airmail to its registered place of business. Unless otherwise agreed in writing, Fine Car Company Ltd do not accept service of any notice by facsimile or email.
iii. In proving service by delivery:-
a) By hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;
b) 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 or by airmail.
6. SELLER'S WARRANTIES AND REPRESENTATIONS
i. The Seller warrants and represents to Fine Car Company Ltd and the Buyer in the terms of subparagraphs (a) to (e) that:-
a) 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 (ownership) free from all encumbrances and third party claims, and that all taxes are paid.
b) The Seller has complied with all requirements relating to any export or import of the Lot as may be required, and has notified Fine Car Company Ltd in writing of any failure to comply with such requirements by the Seller or any previous owner of the Lot;
c) The Seller has notified Fine Car Company Ltd 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 Fine Car Company Ltd with all such information in the Seller's possession;
d) In the case of a Motor Vehicle which may be lawfully used on a public road, complies with all statutory provisions and that there is in force any test certificate required by law in relation to such use, or the Seller has notified Fine Car Company Ltd in writing that any such vehicle cannot lawfully be used on a public road;
e) The Seller warrants that the information about the Lot given to Fine Car Company Ltd, including (for the avoidance of doubt and without prejudice to the generality of the foregoing) all information set out in the Auction Entry Form, and statements made about it, is true.
7. The Seller of a Lot not in the possession of Fine Car Company Ltd on its premises or under its control warrants and undertakes that the Lot will be available and in a deliverable state on demand by the Buyer;
8. The Seller hereby acknowledges that Fine Car Company Ltd has entered into this contract in reliance on the representations set out in Conditions 6.i(a) to (e) and the information set out in the Auction Entry Form.
9. The Seller shall indemnify Fine Car Company Ltd against any and all actions, claims, actual costs (including legal and expert costs, fees and disbursements), demands, expenses, fines, liabilities, losses, penalties and proceedings arising out of the falsity of any of the warranties and representations set out in Conditions 6 - 9.
10. If Fine Car Company Ltd has reasonable cause for believing that the Seller is in breach of any one or more of the warranties set out in this Condition 6-9 Fine Car Company Ltd may by giving notice in writing to the Seller decline to sell the Lot, and the Seller shall be liable to Fine Car Company Ltd as though the Seller had withdrawn the lot from sale without Fine Car Company Ltd consent. If the Lot is in the possession of Fine Car Company Ltd, it may retain it until any sums due to Fine Car Company Ltd are paid, the cost of storage being borne by the Seller.
11. The Seller shall further indemnify Fine Car Company Ltd in respect of any actual legal or other costs reasonably incurred by it in investigating any claim concerning the ownership of a Lot and/or the Seller's right to sell the Lot, the accuracy of the description of the Lot contained in the Catalogue or in defending any claim relating thereto, and Fine Car Company Ltd shall be entitled to withhold the amount of such costs from any payment due to be made to the Seller in accordance with Condition.
12. VEHICLE REGISTRATION NUMBERS
i. If the Seller wishes to sell any Motor Vehicle but to retain the right to the registration number of the Vehicle ("VRN"), it is the Seller's responsibility to notify Fine Car Company Ltd in writing either on the Auction Entry Form or sooner. ii. It shall be the Seller's responsibility to take all necessary steps to ensure that the current VRN is reserved and that a new number is allocated prior to the Motor Vehicle being sold at the Auction and if they does not do so, Fine Car Company Ltd shall not be responsible for any loss or damage whatsoever and howsoever arising (including for the avoidance of doubt arising out of Fine Car Company Ltd' negligence) out of the Seller's loss of the right to the VRN following the sale of the Vehicle. iii. Fine Car Company Ltd may, at its own discretion, (without any assumption of responsibility or duty towards the Seller or the Buyer) take such steps to facilitate the reservation or transfer of any particular registration number as it thinks fit in order to assist the Seller or Buyer but strictly on condition that no claim attaches to Fine Car Company Ltd for taking any such steps whether arising out of Fine Car Company Ltd' negligence or any other cause whatsoever.
13. RESERVES
The Seller may place a reserve price ("Reserve") on any Lot prior to the Auction and once placed by the Seller, it may not be changed without the written consent of Fine Car Company Ltd. All Lots will be sold without Reserve unless a Reserve has been agreed by Fine Car Company Ltd in writing.
i. Where a Reserve has been agreed, only Fine Car Company Ltd may bid on behalf of the Seller. If the Seller makes such a bid, then the Auctioneer may knock the Lot down to the Seller without observing any Reserve and the Seller shall pay to Fine Car Company Ltd the Buyer's Premium in addition to the Seller's Commission and Expenses.
ii. Where a Reserve is agreed, Fine Car Company Ltd may at its sole discretion sell a Lot for less than the Reserve but shall account to the Seller as if the Lot had been sold for the Reserve.
iii. If no Reserve has been placed on a Lot, Fine Car Company Ltd shall not be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue, save insofar as and limited to the extent that the same arises out of the actual fault or negligence of Fine Car Company Ltd.
14. COMMISSION AND EXPENSES
i. The parties hereby acknowledge that Fine Car Company Ltd shall be entitled to deduct from the Hammer Price a Seller 's Commission of 4% for cars, 4% for motorcycles and in the case of automobilia and registration numbers 15% (subject to a minimum of £150) or such other sum agreed by Fine Car Company Ltd in writing, plus any Expenses, and any other sums due from the Seller to Fine Car Company Ltd.
ii. The Buyer shall pay (and the Seller acknowledges Fine Car Company Ltd's entitlement to) a Buyer's Premium equal to 8% of the Hammer Price for cars subject to a minimum of £150 and 6% of the Hammer Price for motorcycles, automobilia and registration numbers subject to a minimum of £150.
15. PHOTOGRAPHY AND ILLUSTRATIONS
The Seller permits Fine Car Company Ltd without payment to photograph or video and make illustrations of any Lot and to use at its discretion any photograph or illustration of or in respect of a Lot supplied by the Seller, whether or not in conjunction with the Auction. The copyright in all photographs taken and illustrations made of any Lot by or on behalf of Fine Car Company Ltd shall be the absolute property of Fine Car Company Ltd.
16. FINE CAR COMPANY LTD' ESTIMATES AND DESCRIPTIONS
Fine Car Company Ltd make no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given by Fine Car Company Ltd, whether written or oral and whether or not printed in any Catalogue for the Auction, 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 Fine Car Company Ltd's sole discretion and should not be relied upon as an indication of the actual selling price.
Fine Car Company Ltd shall not be liable to the Seller for any error or mis-statement in or omission from the description of any Lot in any Catalogue where:- a) Fine Car Company Ltd have been provided with such description by the Seller or any person on their behalf; or
b) Fine Car Company Ltd have provided the Seller with a copy of such description prior to publication of the catalogue and neither the Seller nor any person on their behalf have notified Fine Car Company Ltd in writing within seven days of any error or mis-statement in or omission from the description
i. Any Motor Vehicle is sold as a collector's item and not as a means of transport. Buyers are specifically warned that any vehicle sold as such may well have had parts replaced and paint renewed or be made up of parts from other vehicles the condition of which may be difficult to establish. Fine Car Company Ltd has to rely on information as to date, condition authenticity, maintenance, repairs and restoration provided by Sellers and does not, and cannot, undertake its own inspection of vehicles or other Lots to establish whether the vehicle or other Lot conforms with the description in the catalogue. It is the responsibility of the Buyer to carry out such inspection as they think necessary. Unless a vehicle is described as wholly original, the Buyer may not assume that all or any part of it is original
ii. No warranty is given by Fine Car Company Ltd as to the accuracy of the description of any Lot in any Catalogue or as to the age, authenticity, suitability, provenance, attribution, origin, condition, fitness for purpose, merchantable or satisfactory quality of any Lot or roadworthiness of any Motor Vehicle, and any warranties or conditions that would otherwise be implied by the Sale of Goods Act I979 in relation to the foregoing are hereby expressly excluded.
iii. Fine Car Company Ltd has no duty to the Seller to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
17. WITHDRAWAL OF LOTS
i. The Seller may by notice to the Auctioneer, either in writing or by email, withdraw the Lot from the Auction. If the Seller does so they shall be liable to pay the Auctioneer 2% of the stated rate of the Seller's commission calculated on the reserve value of the Lot that the Auctioneer would have received had the Lot been sold for the reserve value.
ii. In the event that the Seller withdraws the Lot from the Auction the Seller shall arrange for the collection/removal of the Lot at their own expense within 2 working days after the date of withdrawal provided that the Seller may not collect the Lot unless or until any withdrawal fee payable under Conditions 5.1 shall have been paid in full and any storage charges have been met by the Seller.
iii. In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at their own expense within two working days after the date of withdrawal after which it will be charged at £50 per day for a standard size vehicle, £20 per day for a motorcycle. Larger vehicles such as commercials will be charged pro rata according to size.
iv. the Seller may not collect the Lot unless and until any withdrawal fee payable under contract shall have been paid in full.
18. UNSOLD LOTS
i. Where any Lot fails to sell at the Auction, Fine Car Company Ltd will have the sole and exclusive right to sell the Lot by private treaty within 14 days of the Auction date. These terms and conditions (including, for the avoidance of doubt, Clause 13 as to Reserves) shall govern any such sale by private treaty.
ii. Unless Fine Car Company Ltd elects to sell the Lot by private treaty in accordance with Clause 18(i), the Seller shall arrange for the removal of any unsold Lot within three working days following the Auction or by such other time as agreed by Fine Car Company Ltd
iii. Failure to remove any unsold Lot pursuant to Condition 18(i) above will entitle Fine Car Company Ltd to charge the Seller storage charges after 14 days of £50 per day for a standard size vehicle, £20 per day for a motorcycle. Larger vehicles such as commercials will be charged pro rata according to size, per day. The Seller shall further reimburse Fine Car Company Ltd for any reasonable removal, insurance and other expenses.
iv. If within 28 days after the Auction the Seller fails to give instructions to Fine Car Company Ltd regarding the disposal of the Lot, Fine Car Company Ltd shall have the exclusive right at its election to:
a) sell the Lot by private treaty, or by Auction without Reserve, in either case in accordance with these Conditions. In such a case, Fine Car Company Ltd shall be entitled to deduct from any sale price all sums owing to Fine Car Company Ltd including the Seller 's Commission and any charges incurred under this Condition 18.
19. RISK AND INSURANCE
i. The Lot shall at all times remain at the risk of the Seller until ownership of the Lot passes from the Seller to the Buyer under these Conditions. At no time shall ownership of the Lot pass to Fine Car Company Ltd other than in accordance with clause 25
ii. Until such time as risk passes to the Buyer in accordance with Condition 18, responsibility for arranging insurance for the Lot shall remain with the Seller, whereupon it shall pass to the Buyer. In no case shall Fine Car Company Ltd undertake responsibility for arranging insurance.
iii. Fine Car Company Ltd will not be liable for any injury, loss or damage caused by any Lot unless caused by the negligence of Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd or by the Seller's negligence or other breach of the Conditions. The Seller or the Buyer (as appropriate) shall compensate Fine Car Company Ltd in full in respect of all claims and proceedings brought against Fine Car Company Ltd in respect of injury, loss or damage caused by the Seller's or Buyer's (as appropriate) negligence or breach of any obligation under the Conditions.
20. THE BUYER
i. The Buyer shall be the highest bidder at the Auction. The Buyer's bid shall form the basis of the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at their absolute discretion.
ii. Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by Fine Car Company Ltd 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 they shall be jointly liable with the principal by these Conditions.
iii. No person shall be entitled to bid at the Auction without first having completed and delivered to Fine Car Company Ltd a bidder's registration form.
21. ABSENTEE BIDS
Whilst the interests of prospective Buyers are best served by attendance at the Auction, Fine Car Company Ltd will, if so instructed, execute bids on behalf of prospective bidders, buying it as cheaply as possible in line with reserves or other bids. Fine Car Company Ltd, its agents or employees shall not be responsible for any defaults beyond Fine Car Company Ltd' control relating to telephone, fax or other absentee bids including without limitation any telecommunications fault or failure.
22. SALE
i. 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. Fine Car Company Ltd is not a party to the contract of sale and has no liability for any act or default by the Seller or the Buyer.
ii. The Buyer shall:-
a) Immediately upon a Lot is sold, give to Fine Car Company Ltd their name and address and, if so requested, proof of identity if they has not already done so; and
b) Pay to Fine Car Company Ltd as agent for the Seller the Purchase Price in accordance with Condition 20.1 unless credit terms have been agreed with Fine Car Company Ltd in writing before the Auction.
iii. Full payment for all Lots must be made to Fine Car Company Ltd by means of bank transfer or telegraphic transfer only in pounds sterling or the currency in which the sale was conducted.
iv. No Lot may be collected until the Purchase Price has been received by Fine Car Company Ltd and payments by a Buyer to Fine Car Company Ltd may be applied by Fine Car Company Ltd towards any sums due from that Buyer to Fine Car Company Ltd on any account whatsoever notwithstanding any directions to the contrary by the Buyer or their agent whether express or implied.
v. The ownership of the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by Fine Car Company Ltd.
vi. Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and ownership will not pass to the Buyer before payment of the Purchase Price in full and Fine Car Company Ltd will not be responsible for any damage to or the loss or destruction of the Lot or any injury, loss or damage caused by the Lot unless caused by the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd. The Buyer will compensate Fine Car Company Ltd in full in respect of all claims and proceedings brought against Fine Car Company Ltd in respect of any loss or damage to the Lot or injury, loss or damage caused by it not arising from the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd
23. PAYMENT OF SALE PROCEEDS
i. Unless otherwise agreed in writing by both Fine Car Company Ltd and the Seller, the Buyer shall pay Fine Car Company Ltd forthwith and, in any event, no later than 2 days from the Auction the Purchase Price.
ii. Fine Car Company Ltd shall pay the Net Sale Proceeds to the Seller not later than 14 days after the Auction, or within five working days after receiving cleared funds from the Buyer, whichever shall be the later. Fine Car Company Ltd shall be under no liability as a result of or arising out of any delay or failure by the Buyer in making payment.
iii. Unless an alternative method of payment has been agreed by Fine Car Company Ltd in writing, payment of the Net Sale Proceeds shall be paid to Fine Car Company Ltd by Bacs, credit, or cash (up to the value of 10,000 Euros, dependent on the exchange rate to GBP).
iv. Fine Car Company Ltd may in its discretion withhold remittance of the Net Sale Proceeds to the Seller until such time as the Seller has deposited with Fine Car Company Ltd the V5 registration document in the case of a UK registered vehicle or, in the case of an unregistered, or non-UK registered vehicle, the appropriate documents of title (ownership) relevant and appropriate to the country of registration of the vehicle, and any other documentation relating to the vehicle in the Seller's possession or control which they agreed with Fine Car Company Ltd to supply. Transfer can be done online using the following url: https://www.gov.uk/sold-bought-vehicle.
23. VALUE ADDED TAX
(i) The Seller will be responsible for accounting for any Value Added Tax on the Sale of a Lot.
(ii) The Seller must state to the Auctioneers whether he is registered for Value Added Tax and if registered his Value Added Tax registration number and whether he operates under a flat rate scheme or any Value Added Tax Margin Scheme. If he is not registered for Value Added Tax the Seller hereby confirms that he has instructed the Auctioneers to arrange on his behalf the auction or sale of the Lots he has entered.
(iii) The Auctioneers will not account to the Seller for any Value Added Tax without the information required by Clause 23(ii).
(iv) Where the Seller does not advise the Auctioneers of the appropriate rate of or status for VAT of a Lot the Auctioneer will apply the rate or status that appears appropriate from the information available to them and will not accept liability for any errors.
25. BUYER'S DEFAULT
i. In the event that the Purchase Price is not duly paid in accordance with Condition 20.1, Fine Car Company Ltd may hold the Buyer in default and shall as against the Buyer (a "Defaulting Buyer") have the following rights, in addition to those set out below:
a) As agent for the Seller, to charge interest at a rate not exceeding 5% per annum above the Bank of England base rate on so much of the Purchase Price as remains due and unpaid;
b) To retain any Lot sold to the same Buyer at the same or any other Auction and to release it only after payment of the total amount due;
c) To reject or disregard any bid or bids made by or on behalf of the Defaulting Buyer at any future auction or to require payment of a deposit before any future bid made by or on behalf of that Buyer;
d) 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 on any property of the Defaulting Buyer which is in Fine Car Company Ltd' possession for any purpose.
e) If the Buyer continues to fail to make payment of the Purchase Price in full within 14 days of it falling due, Fine Car Company Ltd may (if so instructed by the Seller, or acting of its own motion) without prejudice to any other rights it may have, exercise one or more of the following additional remedies:
f) To institute proceedings against the Buyer in its own name, or in the name of the Seller for damages or specific performance for breach of the sale contract;
i. To institute proceedings against the Buyer in its own name in respect of the Buyer's Premium and any other sums that the Buyer shall be liable to pay Fine Car Company Ltd;
g) To cancel the sale of that or any other Lot sold to the Defaulting Buyer at the same or any other auction notwithstanding the total amount due in respect of such other Lot shall have been paid;
i. To re-sell the Lot or cause it to be resold by public auction or private sale.
ii. If the Buyer fails or refuses to pay the Purchase Price in full within 35 days of the Auction, Fine Car Company Ltd will notify the Seller who may instruct Fine Car Company Ltd as to the appropriate course of action, including but not limited to one or more of the courses of action set out below. Such notice will draw attention to the 14 day limit for the provision of instruction Fine Car Company Ltd shall if instructed take reasonable steps to assist the Seller but Fine Car Company Ltd shall be under no obligation to institute proceedings in its own name or personally incur any cost or expense.
iii. In the absence of any written instructions from the Seller to Fine Car Company Ltd within 14 days of Fine Car Company Ltd' notice to the Seller then Fine Car Company Ltd shall in its sole discretion be entitled to do any of the following in its capacity as the Seller's agent and with the Seller's full authority:-
h) To agree terms for the payment of the Purchase Price with the Buyer;
i) To remove, store and insure the Lot at the expense of the Buyer;
j) To settle claims and/or proceedings made by or against the Buyer on such terms as Fine Car Company Ltd shall at its absolute discretion think fit;
k) To take such steps as Fine Car Company Ltd shall at its absolute discretion consider necessary to collect the monies due from the Buyer;
l) Where appropriate to rescind and/or terminate the sale and in its sole discretion:
m) Return the Lot to the Seller, and distribute any monies received to the Buyer in accordance with Conditions 25
n) Offer the Lot for re-sale, by Auction or private treaty, with or without Reserve;
o) Purchase the Lot itself at the Hammer Price or such other price as may be agreed with the Seller, in which case property in the Lot shall pass to Fine Car Company Ltd and Fine Car Company Ltd shall remit the Hammer Price to the Seller within fourteen days of its election less any sums payable under this agreement;
p) To appoint a solicitor and/or other agent to pursue any of the courses of action referred to above and the Seller authorises Fine Car Company Ltd to take any of the courses referred to in this agreement, including the issue and prosecution of proceedings on the Seller's behalf and in the Seller's name.
q) in the event that the sale contract for the Lot is rescinded because of the Buyer's default aforesaid, whether as a result of the Seller's instruction or Fine Car Company Ltd' action taken under the agreement the Seller shall nonetheless (and without prejudice to any claim that they may have against the Buyer) be liable to pay Fine Car Company Ltd the following sums
i. Legal or other costs on an indemnity basis reasonably incurred by Fine Car Company Ltd in connection with such steps; and
ii. Expenses
iii. The Seller's Commission, by way of remuneration for the services performed by Fine Car Company Ltd down to the date of rescission, and not by way of penalty or liquidated damages. r) Any monies recovered by and paid to Fine Car Company Ltd in consequence of Fine Car Company Ltd taking one or more of the steps referred to in this agreement against a Defaulting Buyer, or any of the Purchase Price as shall have been paid by the Defaulting Buyer, shall be applied to the payment of:-
i. Legal or other costs reasonably incurred by Fine Car Company Ltd in connection with such steps; and then
ii. Expenses; and then
iii. The Seller's Commission, by way of remuneration for the services performed by Fine Car Company Ltd down to the date of recovery, and not by way of penalty or liquidated damages.
iv. Any balance remaining shall be apportioned pro rata as between the Buyer's Premium, and any payable sums to the Seller; and then
v. Any balance thereafter to the Buyer.
s) In the event that any monies recovered do not cover the sums set out at Conditions 25 any such shortfall shall be made good by the Seller to Fine Car Company Ltd on demand
26. REMOVAL OF PURCHASES
i. The Buyer shall, at their own expense, remove the Lot purchased not later than the day and time specified by Fine Car Company LTD but not before payment in full to Fine Car Company Ltd of the Purchase Price whether in respect of this or any other Lot.
ii. The Buyer shall be responsible for all removals, storage, insurance and other charges on any Lot not taken away at the day and time specified in this agreement.
iii. If the Lot is not collected by the Buyer within 3 days of the Auction, whether or not the Purchase Price has been paid, and whether or not the Buyer is consequently entitled to collect the Lot, Fine Car Company Ltd shall remove, store (either at Fine Car Company Ltd' 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.
iv. If the Buyer fails to collect the Lot within 14 days of the Auction, Fine Car Company Ltd shall notify the Seller who shall at their sole discretion elect to:
a) Cancel the sale of the Lot and take back possession of the Lot; or
b) Re-sell the Lot or cause it to be re-sold by public auction or private sale; or
c) Continue to remove, store and insure the Lot at their expense, but subject to being entitled to recoupment of such expenses from the Buyer, and subject to being entitled to elect (a) or ( b) at any time thereafter.
v. In the event that the sale contract is canceled, or the Lot is re-sold, in accordance with this agreement, the same provisions shall apply as under Condition 26 above, "Buyer's Default", as regards any of the Purchase Price paid to the date of that cancellation or re-sale.
27. RESPONSIBILITY FOR LOTS PURCHASED
i. Subject to the Seller' s compliance with Condition 6 it shall be the responsibility of the Buyer to ensure that any Motor Vehicle purchased at Auction complies with the appropriate statute or regulation for driving, using or transporting it and for ensuring that any necessary test certificate is in force. In no case shall Fine Car Company Ltd be liable for any breach by the Seller of Condition 6 or by the Buyer of this Condition 27
ii. Subject to the Seller' s compliance with Condition 6 the Buyer shall be responsible for obtaining any export license that may be required in connection with the Lot. In no case shall Fine Car Company Ltd be liable for any breach by the Seller of Condition 6 or by the Buyer of this Condition 27
28. RESCISSION FOR SELLER'S DEFAULT
i. Should the Buyer become entitled to rescind the sale contract and/or reject the Lot and/or refuse to pay the Purchase Price as a result of any breach by the Seller of these Conditions, including in particular any breach of the warranties set out in Condition 6, the Seller shall be liable to pay the following:
a) Any legal or other costs reasonably incurred by Fine Car Company Ltd, on an indemnity basis; and
b) Expenses;
c) The Seller 's Commission;
d) The Buyer's Premium.
ii. Fine Car Company Ltd shall be entitled to retain the Lot until such sums as are payable under Condition 28 are paid in full by the Seller.
29. LIMITATION OF LIABILITY
i. Save as is expressly provided for in these Conditions, none of Fine Car Company Ltd, the Seller or the Buyer shall be liable for any loss of profit, loss of revenue, loss of use, business or interruption, loss of reputation, credit or goodwill, or any indirect or consequential damages whatsoever.
ii. Without prejudice to Condition 29 Fine Car Company Ltd shall not be liable to pay to any other a sum greater than the reserve value of the Lot as defined in Condition 17;
30. FORCE MAJEURE
i. Should there be any event or occurrence outside the reasonable control of Fine Car Company Ltd, whether foreseeable (or foreseen) or not, which in the reasonable opinion of Fine Car Company Ltd shall prevent, hinder or impede the Auction, its conduct, or the sale of the Lot at Auction, Fine Car Company Ltd may in its sole discretion cancel the Auction or remove the Lot from the Auction, in which case it shall as soon as reasonably possible notify the Seller of its decision accordingly.
ii. Upon receipt of Fine Car Company Ltd' notice as set out in Condition 30, the Seller may by notice in writing to Fine Car Company Ltd elect to:
a) Re-enter the Lot into the next auction to be conducted by Fine Car Company Ltd in respect of which the Lot is a suitable lot (as judged by Fine Car Company Ltd in their reasonable opinion); or
b) Instruct Fine Car Company Ltd to sell the Lot by private treaty within 14 days of such Seller's notice, as though the Lot was an unsold lot at Auction for the purposes of Condition 18; or
c) Cancel this contract without any payment or penalty, save that where the Auction catalogue had been printed prior to cancellation, Fine Car Company Ltd shall be entitled to retain any cataloguing fee paid by the Seller.
iii. In the event that the Seller does not make any election in writing under Condition 30 within 14 days of receipt of Fine Car Company Ltd' notice, the right of election shall irrevocably pass to Fine Car Company Ltd who may elect for one of the three courses of action set out in Condition 30. In case Fine Car Company Ltd elects to sell the Lot by private treaty, the 14 day sale period shall in this case run from the date of Fine Car Company Ltd' election.
iv. Any sale of the Lot under this Condition 30, whether at subsequent auction or by way of private treaty, shall be in accordance with these Conditions.
31. MISCELLANEOUS
i. The benefit and burden of the Conditions may not be assigned by the Seller or the Buyer without Fine Car Company Ltd' prior agreement in writing.
ii. If any Condition or any part of any Condition shall be held to be unenforceable or invalid that Condition shall be severed, and such unenforceability or invalidity shall not affect the enforceability and validity of the remaining conditions or the remainder of the relevant condition.
iii. These Conditions constitute the entire agreement between the parties and supersede all previous drafts, agreements, arrangements, understandings and conventions between them, whether written or oral, relating to the subject matter of this contract.
iv. These Conditions may not be altered or varied unless with Fine Car Company Ltd consent in writing.
v. The Buyer and the Seller both acknowledge and warrant that in entering into this contract (and in the case of the Buyer, in bidding for any Lot) they do not rely and have not relied on any representations made by or on behalf of Fine Car Company Ltd, save where such representations have been confirmed or set out in writing signed by a partner of Fine Car Company Ltd.
vi. No waiver of any rights arising under these Conditions shall be effective unless in writing. Any such waiver shall not be considered as a waiver of any subsequent breach, whether of the same or any other provision
vii. This contract is made for the benefit of Fine Car Company Ltd, the Seller, and the Buyer, and save where the Buyer acts as agent for a named principal in accordance with Condition 20, 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.
viii. The headings and numbering used in the Conditions are for convenience only and shall not affect their interpretation.
ix. In the event of any of the terms above being in compatible one with another, the term most beneficial to Fine Car Company Ltd shall prevail.

Conditions of Business

Terms and Conditions of Business

1. GOVERNING LAW
All transactions to which the conditions apply shall be governed by English Law, and the parties hereby submit to the exclusive jurisdiction of the English Courts and irrevocably agree to waive any right to assert that proceedings ought not to be brought in England and Wales on grounds of forum non conveniens.
2. FINE CAR COMPANY LTD AS AGENT
Fine Car Company Ltd sells as agent for the Seller (except where it is expressly stated to be selling as principal) and is not liable for any act or default by the Seller or the Buyer save where such act or default is due to the actual fault of Fine Car Company Ltd. All sales are to be presumed to be sales on behalf of private individuals unless specifically notified to the contrary in the catalogue, or elsewhere in writing.
3. FINE CAR COMPANY LTD' DISCRETION IN CASE OF DISPUTES BETWEEN THE BUYER AND THE SELLER
If Fine Car Company Ltd is notified or becomes aware of the Seller's alleged breach of any of these Conditions before it has remitted the proceeds of sale from any Lot to the Seller, it may at its sole discretion, withhold payment until that dispute is resolved. Fine Car Company Ltd may, however, deduct any sums that are due to it from the sum held.
4. LOSS OR INJURY
Fine Car Company Ltd shall be under no liability for any injury, damage or loss sustained by any person or to any property while on Fine Car Company Ltd's premises (including any premises where a sale may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd.
5. NOTICES
i. Any notice by Fine Car Company Ltd to a Seller, Buyer or any other person may, in addition to such other methods as that person may accept, be delivered by email, hand or sent by first class mail or airmail and shall be deemed to have been duly received:
a) If emailed when dispatched; if hand-delivered, at the time of delivery.
b) If sent by mail, two business days after the date of posting if posted to an address within the country of posting and seven business days after the date of posting if posted to an address within a country outside the country of posting.
ii. Any notice to Fine Car Company Ltd may be delivered by hand to one of its authorised representatives at Fine Car Company Ltd's registered place of business or auction premises, or sent by first class mail or airmail to its registered place of business. Unless otherwise agreed in writing, Fine Car Company Ltd do not accept service of any notice by facsimile or email.
iii. In proving service by delivery:-
a) By hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;
b) 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 or by airmail.
6. SELLER'S WARRANTIES AND REPRESENTATIONS
i. The Seller warrants and represents to Fine Car Company Ltd and the Buyer in the terms of subparagraphs (a) to (e) that:-
a) 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 (ownership) free from all encumbrances and third party claims, and that all taxes are paid.
b) The Seller has complied with all requirements relating to any export or import of the Lot as may be required, and has notified Fine Car Company Ltd in writing of any failure to comply with such requirements by the Seller or any previous owner of the Lot;
c) The Seller has notified Fine Car Company Ltd 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 Fine Car Company Ltd with all such information in the Seller's possession;
d) In the case of a Motor Vehicle which may be lawfully used on a public road, complies with all statutory provisions and that there is in force any test certificate required by law in relation to such use, or the Seller has notified Fine Car Company Ltd in writing that any such vehicle cannot lawfully be used on a public road;
e) The Seller warrants that the information about the Lot given to Fine Car Company Ltd, including (for the avoidance of doubt and without prejudice to the generality of the foregoing) all information set out in the Auction Entry Form, and statements made about it, is true.
7. The Seller of a Lot not in the possession of Fine Car Company Ltd on its premises or under its control warrants and undertakes that the Lot will be available and in a deliverable state on demand by the Buyer;
8. The Seller hereby acknowledges that Fine Car Company Ltd has entered into this contract in reliance on the representations set out in Conditions 6.i(a) to (e) and the information set out in the Auction Entry Form.
9. The Seller shall indemnify Fine Car Company Ltd against any and all actions, claims, actual costs (including legal and expert costs, fees and disbursements), demands, expenses, fines, liabilities, losses, penalties and proceedings arising out of the falsity of any of the warranties and representations set out in Conditions 6 - 9.
10. If Fine Car Company Ltd has reasonable cause for believing that the Seller is in breach of any one or more of the warranties set out in this Condition 6-9 Fine Car Company Ltd may by giving notice in writing to the Seller decline to sell the Lot, and the Seller shall be liable to Fine Car Company Ltd as though the Seller had withdrawn the lot from sale without Fine Car Company Ltd consent. If the Lot is in the possession of Fine Car Company Ltd, it may retain it until any sums due to Fine Car Company Ltd are paid, the cost of storage being borne by the Seller.
11. The Seller shall further indemnify Fine Car Company Ltd in respect of any actual legal or other costs reasonably incurred by it in investigating any claim concerning the ownership of a Lot and/or the Seller's right to sell the Lot, the accuracy of the description of the Lot contained in the Catalogue or in defending any claim relating thereto, and Fine Car Company Ltd shall be entitled to withhold the amount of such costs from any payment due to be made to the Seller in accordance with Condition.
12. VEHICLE REGISTRATION NUMBERS
i. If the Seller wishes to sell any Motor Vehicle but to retain the right to the registration number of the Vehicle ("VRN"), it is the Seller's responsibility to notify Fine Car Company Ltd in writing either on the Auction Entry Form or sooner. ii. It shall be the Seller's responsibility to take all necessary steps to ensure that the current VRN is reserved and that a new number is allocated prior to the Motor Vehicle being sold at the Auction and if they does not do so, Fine Car Company Ltd shall not be responsible for any loss or damage whatsoever and howsoever arising (including for the avoidance of doubt arising out of Fine Car Company Ltd' negligence) out of the Seller's loss of the right to the VRN following the sale of the Vehicle. iii. Fine Car Company Ltd may, at its own discretion, (without any assumption of responsibility or duty towards the Seller or the Buyer) take such steps to facilitate the reservation or transfer of any particular registration number as it thinks fit in order to assist the Seller or Buyer but strictly on condition that no claim attaches to Fine Car Company Ltd for taking any such steps whether arising out of Fine Car Company Ltd' negligence or any other cause whatsoever.
13. RESERVES
The Seller may place a reserve price ("Reserve") on any Lot prior to the Auction and once placed by the Seller, it may not be changed without the written consent of Fine Car Company Ltd. All Lots will be sold without Reserve unless a Reserve has been agreed by Fine Car Company Ltd in writing.
i. Where a Reserve has been agreed, only Fine Car Company Ltd may bid on behalf of the Seller. If the Seller makes such a bid, then the Auctioneer may knock the Lot down to the Seller without observing any Reserve and the Seller shall pay to Fine Car Company Ltd the Buyer's Premium in addition to the Seller's Commission and Expenses.
ii. Where a Reserve is agreed, Fine Car Company Ltd may at its sole discretion sell a Lot for less than the Reserve but shall account to the Seller as if the Lot had been sold for the Reserve.
iii. If no Reserve has been placed on a Lot, Fine Car Company Ltd shall not be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue, save insofar as and limited to the extent that the same arises out of the actual fault or negligence of Fine Car Company Ltd.
14. COMMISSION AND EXPENSES
i. The parties hereby acknowledge that Fine Car Company Ltd shall be entitled to deduct from the Hammer Price a Seller 's Commission of 4% for cars, 4% for motorcycles and in the case of automobilia and registration numbers 15% (subject to a minimum of £150) or such other sum agreed by Fine Car Company Ltd in writing, plus any Expenses, and any other sums due from the Seller to Fine Car Company Ltd.
ii. The Buyer shall pay (and the Seller acknowledges Fine Car Company Ltd's entitlement to) a Buyer's Premium equal to 8% of the Hammer Price for cars subject to a minimum of £150 and 6% of the Hammer Price for motorcycles, automobilia and registration numbers subject to a minimum of £150.
15. PHOTOGRAPHY AND ILLUSTRATIONS
The Seller permits Fine Car Company Ltd without payment to photograph or video and make illustrations of any Lot and to use at its discretion any photograph or illustration of or in respect of a Lot supplied by the Seller, whether or not in conjunction with the Auction. The copyright in all photographs taken and illustrations made of any Lot by or on behalf of Fine Car Company Ltd shall be the absolute property of Fine Car Company Ltd.
16. FINE CAR COMPANY LTD' ESTIMATES AND DESCRIPTIONS
Fine Car Company Ltd make no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given by Fine Car Company Ltd, whether written or oral and whether or not printed in any Catalogue for the Auction, 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 Fine Car Company Ltd's sole discretion and should not be relied upon as an indication of the actual selling price.
Fine Car Company Ltd shall not be liable to the Seller for any error or mis-statement in or omission from the description of any Lot in any Catalogue where:- a) Fine Car Company Ltd have been provided with such description by the Seller or any person on their behalf; or
b) Fine Car Company Ltd have provided the Seller with a copy of such description prior to publication of the catalogue and neither the Seller nor any person on their behalf have notified Fine Car Company Ltd in writing within seven days of any error or mis-statement in or omission from the description
i. Any Motor Vehicle is sold as a collector's item and not as a means of transport. Buyers are specifically warned that any vehicle sold as such may well have had parts replaced and paint renewed or be made up of parts from other vehicles the condition of which may be difficult to establish. Fine Car Company Ltd has to rely on information as to date, condition authenticity, maintenance, repairs and restoration provided by Sellers and does not, and cannot, undertake its own inspection of vehicles or other Lots to establish whether the vehicle or other Lot conforms with the description in the catalogue. It is the responsibility of the Buyer to carry out such inspection as they think necessary. Unless a vehicle is described as wholly original, the Buyer may not assume that all or any part of it is original
ii. No warranty is given by Fine Car Company Ltd as to the accuracy of the description of any Lot in any Catalogue or as to the age, authenticity, suitability, provenance, attribution, origin, condition, fitness for purpose, merchantable or satisfactory quality of any Lot or roadworthiness of any Motor Vehicle, and any warranties or conditions that would otherwise be implied by the Sale of Goods Act I979 in relation to the foregoing are hereby expressly excluded.
iii. Fine Car Company Ltd has no duty to the Seller to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
17. WITHDRAWAL OF LOTS
i. The Seller may by notice to the Auctioneer, either in writing or by email, withdraw the Lot from the Auction. If the Seller does so they shall be liable to pay the Auctioneer 2% of the stated rate of the Seller's commission calculated on the reserve value of the Lot that the Auctioneer would have received had the Lot been sold for the reserve value.
ii. In the event that the Seller withdraws the Lot from the Auction the Seller shall arrange for the collection/removal of the Lot at their own expense within 2 working days after the date of withdrawal provided that the Seller may not collect the Lot unless or until any withdrawal fee payable under Conditions 5.1 shall have been paid in full and any storage charges have been met by the Seller.
iii. In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at their own expense within two working days after the date of withdrawal after which it will be charged at £50 per day for a standard size vehicle, £20 per day for a motorcycle. Larger vehicles such as commercials will be charged pro rata according to size.
iv. the Seller may not collect the Lot unless and until any withdrawal fee payable under contract shall have been paid in full.
18. UNSOLD LOTS
i. Where any Lot fails to sell at the Auction, Fine Car Company Ltd will have the sole and exclusive right to sell the Lot by private treaty within 14 days of the Auction date. These terms and conditions (including, for the avoidance of doubt, Clause 13 as to Reserves) shall govern any such sale by private treaty.
ii. Unless Fine Car Company Ltd elects to sell the Lot by private treaty in accordance with Clause 18(i), the Seller shall arrange for the removal of any unsold Lot within three working days following the Auction or by such other time as agreed by Fine Car Company Ltd
iii. Failure to remove any unsold Lot pursuant to Condition 18(i) above will entitle Fine Car Company Ltd to charge the Seller storage charges after 14 days of £50 per day for a standard size vehicle, £20 per day for a motorcycle. Larger vehicles such as commercials will be charged pro rata according to size, per day. The Seller shall further reimburse Fine Car Company Ltd for any reasonable removal, insurance and other expenses.
iv. If within 28 days after the Auction the Seller fails to give instructions to Fine Car Company Ltd regarding the disposal of the Lot, Fine Car Company Ltd shall have the exclusive right at its election to:
a) sell the Lot by private treaty, or by Auction without Reserve, in either case in accordance with these Conditions. In such a case, Fine Car Company Ltd shall be entitled to deduct from any sale price all sums owing to Fine Car Company Ltd including the Seller 's Commission and any charges incurred under this Condition 18.
19. RISK AND INSURANCE
i. The Lot shall at all times remain at the risk of the Seller until ownership of the Lot passes from the Seller to the Buyer under these Conditions. At no time shall ownership of the Lot pass to Fine Car Company Ltd other than in accordance with clause 25
ii. Until such time as risk passes to the Buyer in accordance with Condition 18, responsibility for arranging insurance for the Lot shall remain with the Seller, whereupon it shall pass to the Buyer. In no case shall Fine Car Company Ltd undertake responsibility for arranging insurance.
iii. Fine Car Company Ltd will not be liable for any injury, loss or damage caused by any Lot unless caused by the negligence of Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd or by the Seller's negligence or other breach of the Conditions. The Seller or the Buyer (as appropriate) shall compensate Fine Car Company Ltd in full in respect of all claims and proceedings brought against Fine Car Company Ltd in respect of injury, loss or damage caused by the Seller's or Buyer's (as appropriate) negligence or breach of any obligation under the Conditions.
20. THE BUYER
i. The Buyer shall be the highest bidder at the Auction. The Buyer's bid shall form the basis of the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at their absolute discretion.
ii. Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by Fine Car Company Ltd 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 they shall be jointly liable with the principal by these Conditions.
iii. No person shall be entitled to bid at the Auction without first having completed and delivered to Fine Car Company Ltd a bidder's registration form.
21. ABSENTEE BIDS
Whilst the interests of prospective Buyers are best served by attendance at the Auction, Fine Car Company Ltd will, if so instructed, execute bids on behalf of prospective bidders, buying it as cheaply as possible in line with reserves or other bids. Fine Car Company Ltd, its agents or employees shall not be responsible for any defaults beyond Fine Car Company Ltd' control relating to telephone, fax or other absentee bids including without limitation any telecommunications fault or failure.
22. SALE
i. 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. Fine Car Company Ltd is not a party to the contract of sale and has no liability for any act or default by the Seller or the Buyer.
ii. The Buyer shall:-
a) Immediately upon a Lot is sold, give to Fine Car Company Ltd their name and address and, if so requested, proof of identity if they has not already done so; and
b) Pay to Fine Car Company Ltd as agent for the Seller the Purchase Price in accordance with Condition 20.1 unless credit terms have been agreed with Fine Car Company Ltd in writing before the Auction.
iii. Full payment for all Lots must be made to Fine Car Company Ltd by means of bank transfer or telegraphic transfer only in pounds sterling or the currency in which the sale was conducted.
iv. No Lot may be collected until the Purchase Price has been received by Fine Car Company Ltd and payments by a Buyer to Fine Car Company Ltd may be applied by Fine Car Company Ltd towards any sums due from that Buyer to Fine Car Company Ltd on any account whatsoever notwithstanding any directions to the contrary by the Buyer or their agent whether express or implied.
v. The ownership of the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by Fine Car Company Ltd.
vi. Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and ownership will not pass to the Buyer before payment of the Purchase Price in full and Fine Car Company Ltd will not be responsible for any damage to or the loss or destruction of the Lot or any injury, loss or damage caused by the Lot unless caused by the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd. The Buyer will compensate Fine Car Company Ltd in full in respect of all claims and proceedings brought against Fine Car Company Ltd in respect of any loss or damage to the Lot or injury, loss or damage caused by it not arising from the negligence of or other breach of duty by Fine Car Company Ltd, its employees or agents in the ordinary course of their duties to Fine Car Company Ltd
23. PAYMENT OF SALE PROCEEDS
i. Unless otherwise agreed in writing by both Fine Car Company Ltd and the Seller, the Buyer shall pay Fine Car Company Ltd forthwith and, in any event, no later than 2 days from the Auction the Purchase Price.
ii. Fine Car Company Ltd shall pay the Net Sale Proceeds to the Seller not later than 14 days after the Auction, or within five working days after receiving cleared funds from the Buyer, whichever shall be the later. Fine Car Company Ltd shall be under no liability as a result of or arising out of any delay or failure by the Buyer in making payment.
iii. Unless an alternative method of payment has been agreed by Fine Car Company Ltd in writing, payment of the Net Sale Proceeds shall be paid to Fine Car Company Ltd by Bacs, credit, or cash (up to the value of 10,000 Euros, dependent on the exchange rate to GBP).
iv. Fine Car Company Ltd may in its discretion withhold remittance of the Net Sale Proceeds to the Seller until such time as the Seller has deposited with Fine Car Company Ltd the V5 registration document in the case of a UK registered vehicle or, in the case of an unregistered, or non-UK registered vehicle, the appropriate documents of title (ownership) relevant and appropriate to the country of registration of the vehicle, and any other documentation relating to the vehicle in the Seller's possession or control which they agreed with Fine Car Company Ltd to supply. Transfer can be done online using the following url: https://www.gov.uk/sold-bought-vehicle.
23. VALUE ADDED TAX
(i) The Seller will be responsible for accounting for any Value Added Tax on the Sale of a Lot.
(ii) The Seller must state to the Auctioneers whether he is registered for Value Added Tax and if registered his Value Added Tax registration number and whether he operates under a flat rate scheme or any Value Added Tax Margin Scheme. If he is not registered for Value Added Tax the Seller hereby confirms that he has instructed the Auctioneers to arrange on his behalf the auction or sale of the Lots he has entered.
(iii) The Auctioneers will not account to the Seller for any Value Added Tax without the information required by Clause 23(ii).
(iv) Where the Seller does not advise the Auctioneers of the appropriate rate of or status for VAT of a Lot the Auctioneer will apply the rate or status that appears appropriate from the information available to them and will not accept liability for any errors.
25. BUYER'S DEFAULT
i. In the event that the Purchase Price is not duly paid in accordance with Condition 20.1, Fine Car Company Ltd may hold the Buyer in default and shall as against the Buyer (a "Defaulting Buyer") have the following rights, in addition to those set out below:
a) As agent for the Seller, to charge interest at a rate not exceeding 5% per annum above the Bank of England base rate on so much of the Purchase Price as remains due and unpaid;
b) To retain any Lot sold to the same Buyer at the same or any other Auction and to release it only after payment of the total amount due;
c) To reject or disregard any bid or bids made by or on behalf of the Defaulting Buyer at any future auction or to require payment of a deposit before any future bid made by or on behalf of that Buyer;
d) 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 on any property of the Defaulting Buyer which is in Fine Car Company Ltd' possession for any purpose.
e) If the Buyer continues to fail to make payment of the Purchase Price in full within 14 days of it falling due, Fine Car Company Ltd may (if so instructed by the Seller, or acting of its own motion) without prejudice to any other rights it may have, exercise one or more of the following additional remedies:
f) To institute proceedings against the Buyer in its own name, or in the name of the Seller for damages or specific performance for breach of the sale contract;
i. To institute proceedings against the Buyer in its own name in respect of the Buyer's Premium and any other sums that the Buyer shall be liable to pay Fine Car Company Ltd;
g) To cancel the sale of that or any other Lot sold to the Defaulting Buyer at the same or any other auction notwithstanding the total amount due in respect of such other Lot shall have been paid;
i. To re-sell the Lot or cause it to be resold by public auction or private sale.
ii. If the Buyer fails or refuses to pay the Purchase Price in full within 35 days of the Auction, Fine Car Company Ltd will notify the Seller who may instruct Fine Car Company Ltd as to the appropriate course of action, including but not limited to one or more of the courses of action set out below. Such notice will draw attention to the 14 day limit for the provision of instruction Fine Car Company Ltd shall if instructed take reasonable steps to assist the Seller but Fine Car Company Ltd shall be under no obligation to institute proceedings in its own name or personally incur any cost or expense.
iii. In the absence of any written instructions from the Seller to Fine Car Company Ltd within 14 days of Fine Car Company Ltd' notice to the Seller then Fine Car Company Ltd shall in its sole discretion be entitled to do any of the following in its capacity as the Seller's agent and with the Seller's full authority:-
h) To agree terms for the payment of the Purchase Price with the Buyer;
i) To remove, store and insure the Lot at the expense of the Buyer;
j) To settle claims and/or proceedings made by or against the Buyer on such terms as Fine Car Company Ltd shall at its absolute discretion think fit;
k) To take such steps as Fine Car Company Ltd shall at its absolute discretion consider necessary to collect the monies due from the Buyer;
l) Where appropriate to rescind and/or terminate the sale and in its sole discretion:
m) Return the Lot to the Seller, and distribute any monies received to the Buyer in accordance with Conditions 25
n) Offer the Lot for re-sale, by Auction or private treaty, with or without Reserve;
o) Purchase the Lot itself at the Hammer Price or such other price as may be agreed with the Seller, in which case property in the Lot shall pass to Fine Car Company Ltd and Fine Car Company Ltd shall remit the Hammer Price to the Seller within fourteen days of its election less any sums payable under this agreement;
p) To appoint a solicitor and/or other agent to pursue any of the courses of action referred to above and the Seller authorises Fine Car Company Ltd to take any of the courses referred to in this agreement, including the issue and prosecution of proceedings on the Seller's behalf and in the Seller's name.
q) in the event that the sale contract for the Lot is rescinded because of the Buyer's default aforesaid, whether as a result of the Seller's instruction or Fine Car Company Ltd' action taken under the agreement the Seller shall nonetheless (and without prejudice to any claim that they may have against the Buyer) be liable to pay Fine Car Company Ltd the following sums
i. Legal or other costs on an indemnity basis reasonably incurred by Fine Car Company Ltd in connection with such steps; and
ii. Expenses
iii. The Seller's Commission, by way of remuneration for the services performed by Fine Car Company Ltd down to the date of rescission, and not by way of penalty or liquidated damages. r) Any monies recovered by and paid to Fine Car Company Ltd in consequence of Fine Car Company Ltd taking one or more of the steps referred to in this agreement against a Defaulting Buyer, or any of the Purchase Price as shall have been paid by the Defaulting Buyer, shall be applied to the payment of:-
i. Legal or other costs reasonably incurred by Fine Car Company Ltd in connection with such steps; and then
ii. Expenses; and then
iii. The Seller's Commission, by way of remuneration for the services performed by Fine Car Company Ltd down to the date of recovery, and not by way of penalty or liquidated damages.
iv. Any balance remaining shall be apportioned pro rata as between the Buyer's Premium, and any payable sums to the Seller; and then
v. Any balance thereafter to the Buyer.
s) In the event that any monies recovered do not cover the sums set out at Conditions 25 any such shortfall shall be made good by the Seller to Fine Car Company Ltd on demand
26. REMOVAL OF PURCHASES
i. The Buyer shall, at their own expense, remove the Lot purchased not later than the day and time specified by Fine Car Company LTD but not before payment in full to Fine Car Company Ltd of the Purchase Price whether in respect of this or any other Lot.
ii. The Buyer shall be responsible for all removals, storage, insurance and other charges on any Lot not taken away at the day and time specified in this agreement.
iii. If the Lot is not collected by the Buyer within 3 days of the Auction, whether or not the Purchase Price has been paid, and whether or not the Buyer is consequently entitled to collect the Lot, Fine Car Company Ltd shall remove, store (either at Fine Car Company Ltd' 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.
iv. If the Buyer fails to collect the Lot within 14 days of the Auction, Fine Car Company Ltd shall notify the Seller who shall at their sole discretion elect to:
a) Cancel the sale of the Lot and take back possession of the Lot; or
b) Re-sell the Lot or cause it to be re-sold by public auction or private sale; or
c) Continue to remove, store and insure the Lot at their expense, but subject to being entitled to recoupment of such expenses from the Buyer, and subject to being entitled to elect (a) or ( b) at any time thereafter.
v. In the event that the sale contract is canceled, or the Lot is re-sold, in accordance with this agreement, the same provisions shall apply as under Condition 26 above, "Buyer's Default", as regards any of the Purchase Price paid to the date of that cancellation or re-sale.
27. RESPONSIBILITY FOR LOTS PURCHASED
i. Subject to the Seller' s compliance with Condition 6 it shall be the responsibility of the Buyer to ensure that any Motor Vehicle purchased at Auction complies with the appropriate statute or regulation for driving, using or transporting it and for ensuring that any necessary test certificate is in force. In no case shall Fine Car Company Ltd be liable for any breach by the Seller of Condition 6 or by the Buyer of this Condition 27
ii. Subject to the Seller' s compliance with Condition 6 the Buyer shall be responsible for obtaining any export license that may be required in connection with the Lot. In no case shall Fine Car Company Ltd be liable for any breach by the Seller of Condition 6 or by the Buyer of this Condition 27
28. RESCISSION FOR SELLER'S DEFAULT
i. Should the Buyer become entitled to rescind the sale contract and/or reject the Lot and/or refuse to pay the Purchase Price as a result of any breach by the Seller of these Conditions, including in particular any breach of the warranties set out in Condition 6, the Seller shall be liable to pay the following:
a) Any legal or other costs reasonably incurred by Fine Car Company Ltd, on an indemnity basis; and
b) Expenses;
c) The Seller 's Commission;
d) The Buyer's Premium.
ii. Fine Car Company Ltd shall be entitled to retain the Lot until such sums as are payable under Condition 28 are paid in full by the Seller.
29. LIMITATION OF LIABILITY
i. Save as is expressly provided for in these Conditions, none of Fine Car Company Ltd, the Seller or the Buyer shall be liable for any loss of profit, loss of revenue, loss of use, business or interruption, loss of reputation, credit or goodwill, or any indirect or consequential damages whatsoever.
ii. Without prejudice to Condition 29 Fine Car Company Ltd shall not be liable to pay to any other a sum greater than the reserve value of the Lot as defined in Condition 17;
30. FORCE MAJEURE
i. Should there be any event or occurrence outside the reasonable control of Fine Car Company Ltd, whether foreseeable (or foreseen) or not, which in the reasonable opinion of Fine Car Company Ltd shall prevent, hinder or impede the Auction, its conduct, or the sale of the Lot at Auction, Fine Car Company Ltd may in its sole discretion cancel the Auction or remove the Lot from the Auction, in which case it shall as soon as reasonably possible notify the Seller of its decision accordingly.
ii. Upon receipt of Fine Car Company Ltd' notice as set out in Condition 30, the Seller may by notice in writing to Fine Car Company Ltd elect to:
a) Re-enter the Lot into the next auction to be conducted by Fine Car Company Ltd in respect of which the Lot is a suitable lot (as judged by Fine Car Company Ltd in their reasonable opinion); or
b) Instruct Fine Car Company Ltd to sell the Lot by private treaty within 14 days of such Seller's notice, as though the Lot was an unsold lot at Auction for the purposes of Condition 18; or
c) Cancel this contract without any payment or penalty, save that where the Auction catalogue had been printed prior to cancellation, Fine Car Company Ltd shall be entitled to retain any cataloguing fee paid by the Seller.
iii. In the event that the Seller does not make any election in writing under Condition 30 within 14 days of receipt of Fine Car Company Ltd' notice, the right of election shall irrevocably pass to Fine Car Company Ltd who may elect for one of the three courses of action set out in Condition 30. In case Fine Car Company Ltd elects to sell the Lot by private treaty, the 14 day sale period shall in this case run from the date of Fine Car Company Ltd' election.
iv. Any sale of the Lot under this Condition 30, whether at subsequent auction or by way of private treaty, shall be in accordance with these Conditions.
31. MISCELLANEOUS
i. The benefit and burden of the Conditions may not be assigned by the Seller or the Buyer without Fine Car Company Ltd' prior agreement in writing.
ii. If any Condition or any part of any Condition shall be held to be unenforceable or invalid that Condition shall be severed, and such unenforceability or invalidity shall not affect the enforceability and validity of the remaining conditions or the remainder of the relevant condition.
iii. These Conditions constitute the entire agreement between the parties and supersede all previous drafts, agreements, arrangements, understandings and conventions between them, whether written or oral, relating to the subject matter of this contract.
iv. These Conditions may not be altered or varied unless with Fine Car Company Ltd consent in writing.
v. The Buyer and the Seller both acknowledge and warrant that in entering into this contract (and in the case of the Buyer, in bidding for any Lot) they do not rely and have not relied on any representations made by or on behalf of Fine Car Company Ltd, save where such representations have been confirmed or set out in writing signed by a partner of Fine Car Company Ltd.
vi. No waiver of any rights arising under these Conditions shall be effective unless in writing. Any such waiver shall not be considered as a waiver of any subsequent breach, whether of the same or any other provision
vii. This contract is made for the benefit of Fine Car Company Ltd, the Seller, and the Buyer, and save where the Buyer acts as agent for a named principal in accordance with Condition 20, 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.
viii. The headings and numbering used in the Conditions are for convenience only and shall not affect their interpretation.
ix. In the event of any of the terms above being in compatible one with another, the term most beneficial to Fine Car Company Ltd shall prevail.