Non-Payment by Buyer. However, RMS shall not be liable to the Consignor for payment. Furthermore, the Consignor agrees to indemnify, defend and hold RMS harmless from any claims that may be asserted with respect to any such representations. The Consignor shall indemnify RMS and hold it harmless from any damage or liability caused during such works despite exercising the appropriate diligence. If there are any remaining funds, these shall be returned to the Consignor within 30 business days of the sale. Estimates and Catalogue Descriptions. RMS shall not make any representations or warranties regarding the anticipated selling price of the motor cars or any other lots.
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Estimates shall never be predictions of the actual selling price. Odometer Statement. The Consignor shall be obliged to provide a duly executed odometer statement on or before the first day of the auction and to accept sole liability for the accuracy or inaccuracy of such statement. Reserve prices may be lowered at any time by the Consignor, either verbally or in writing, but they may not be raised. The reserve does not include commissions to RMS.
RMS has the right to sell a motor car or any other lot at a price below the agreed verbal or written reserve provided that the Consignor receives the same net proceeds as the Consignor would have received had the reserve been met. The Consignor shall be responsible for maintaining adequate property insurance on the motor car or any other lot at all times, and this insurance must be at least equal to the aggregate low pre-sale auction estimate for the motor car or any other lot.
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In any event, the insurance shall cover damage to the motor car or any other lot, and shall not be cancellable by the insurance company until after ownership and proofs of ownership have passed to the Buyer, and the Buyer has taken possession of the motor car or any other lot from RMS. The Consignor agrees that RMS and its respective affiliates and agents will not be responsible for, and the Consignor releases RMS and its respective affiliates, agents and warehouses from, any and all liability for loss of, theft of or damage to the motor car or any other lot. However, RMS shall also be entitled, in all cases, to bring an action at the place of performance of the delivery obligation or at the general place of jurisdiction of the Consignor.
Overriding statutory provisions, particularly with regard to exclusive jurisdictions, shall remain unaffected. Marketing Fee. The marketing fee shall be non-refundable and shall not be credited towards the sales commission. Bidding Restrictions. The Consignor hereby undertakes not to bid on the motor car or any other lot. If the Consignor does not pay in accordance with this clause, the relevant motor car or any other lot may be sold without reserve. Anti-Freeze Is the Responsibility of the Consignor. If the motor car or any other lot is not sold, the Consignor shall reimburse RMS for the costs accruing due to the failure to winterise the motor car or any other lot before the Consignor can re-take possession of the motor car or any other lot.
If payment has already been made, the Consignor shall reimburse the costs directly to RMS. Entire Agreement; Written Form. Only the Contract Documents shall be relevant to the legal relationship between the parties. They fully reflect all arrangements made between the parties and shall be binding upon them and their respective heirs, personal representatives and agents. Except as otherwise expressly provided herein, the Contract Documents shall not be modified, except in writing. Where required by the Contract Documents, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine and neuter, the feminine gender shall include the masculine and neuter and the neuter gender shall include the masculine and feminine.
No Legal or Tax Advice. The Consignor shall be solely responsible for their behaviour and shall have the opportunity to obtain legal or fiscal advice. Data Protection. Please do not hesitate to contact us by e-mail at privacy rmsothebys.
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Anti-Money Laundering. The Consignor agrees to provide all information and assistance reasonably requested by RMS, which is reasonably requested by RMS according to applicable laws with regard to the RMS anti-money laundering provisions as well as all applicable anti-money laundering laws and regulations. Photographs, Video Footage and Illustrations. All photographs, video footage and illustrations commissioned by RMS for motor cars or any other lots shall be the absolute property of RMS, and RMS shall have the absolute right to use the photographs, video footage and illustrations as RMS deems fit.
Vehicle Registration Number. This shall apply, in particular, with regard to the facilitation of the timely registration of the motor car. If the Consignor fails to do so, RMS shall not be liable for any loss or damage whatsoever arising out of such failure. Temporary Importation Under Bond. Fees and charges may vary from sale to sale.
In some countries, the amount of such fees and charges is determined by the value of the motor car or any other lot. Customs charges will be levied appropriately depending on each individual scenario and will be payable directly to the relevant authorities. Details regarding the relevant authorities can be obtained from RMS, where required. However, if the Consignor would like the motor car or any other lot to remain in Europe, the Consignor shall bear the responsibility and pay any and all relevant taxes.
Severability Clause. Should any provision of the Contract Documents be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a regulation that comes as close as possible to the purpose pursued by the invalid provision in economic terms, without being invalid. Erman editionthin vegetarian the ultimate cookbook. Cht des neo realismus german editionrolle der politischen pr germ. Ecumenical academic pastoral work 11 dietrich bonhoeffer works.
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View Comments 84 Post a Comment. Thank you 30 May by AL …for the blog time as guest poster for May. Good work Alisha! As always Now it is time to absquatulate. What Alisha said. It's difficult to be interesting time and time again.
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