If mediation is unsuccessful, the parties shall proceed to arbitration in London, England, before one arbitrator, and all proceedings shall be conducted in English. Packing and Shipping. RM is not responsible for the acts or omissions in our packing or shipping of purchased Lot s or of other carriers or packers of purchased Lot s , whether or not recommended by RM. Packing and handling of purchased Lot s are at the entire risk of the Buyer.
Data Use. RM uses your personal information to provide services specifically tailored toward your requirements and to treat you in a personal way; to fulfill your agreements regarding the consignment and purchase of items at RM auctions, the auction, and private sales; to provide you with information on upcoming sales; to carry out analysis and market research; to undertake targeted online advertising; to send status updates and service communications; to improve our websites, products, and services; to provide payment services; and for management and administrative purposes.
Anti-Money Laundering. Entire Agreement. This document shall be binding upon the parties and their respective heirs, personal representatives, and assigns. Except as otherwise expressly provided herein, these Conditions of Business shall not be modified, except in writing. Whenever used in these Conditions of Business, as the contract requires, 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.
If there is a discrepancy, contradiction, or question of interpretation in a description for a Lot s , in print, online, or otherwise between the English version of the description and a version produced in a language other than English, the English version will supersede.
If attending the auction in person, the Bidder agrees to the following: The Bidder agrees not to hold RM or any of their affiliates, directors, officers, employees, agents, contractors, third parties, vendors, guests, or volunteers liable for any issues associated with COVID exposure.
By attending the auction, the Bidder agrees to submit to a temperature check and to wear a mask at all times. The Bidder will only be exempt from wearing a mask while eating or, if the Bidder has been diagnosed with a medical condition that prohibits the wearing of a mask.
Failure of RM to comply with the terms of this agreement may be in violation of statute, which could result in criminal or administrative sanctions, or both. If you feel RM has not complied with the terms of this agreement, please contact an investigator of the Department of Motor Vehicles. Contract Cancellation Agreement. If the Buyer exercises this contract cancellation option, RM is obligated to return any funds paid by the Buyer and cancel the sale.
If the sale is canceled, RM is under no obligation to pay the Consignor for the Lot s , and the Lot s will be deemed to have not sold. Lot s Exhaust Warning. Operating, servicing and maintaining a passenger vehicle or off-road vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service your vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing your vehicle.
For more information go to www. Lot s Under Temporary Import. A temporary import bond is used in all EU sales. Fees and charges vary from sale to sale, and for some countries, this is also determined by the value of the Lot s. Customs charges will be levied appropriately depending on each individual scenario and will be payable directly to the relevant authorities, which RM will provide the details of as and when necessary.
Should the Buyer decide for the Lot s to remain in the EU when purchased, the Buyer is responsible to pay any and all import fees for the Lot s. Consumer Protection Rights. If the Consignor is a Business defined below AND the Buyer is a consumer AND the consumer has a right of withdrawal against the Consignor on the basis of EU consumer protection laws, the Buyer has the automatic statutory right for 14 calendar days after the Close of Lot drop of hammer to rescind the sale of the Lot s.
Nothing in this clause 34 shall affect any Buyer s legal rights that shall apply against the Consignor as a result of any applicable laws. RM reserves the right to make the reasonable determination as to whether a Consignor meets the definition of Business. Bidders who exercise this right is responsible for any and all expenses associated with the Lot s including, but not limited to, transportation, duty, storage, insurance, and taxes.
If the Bidder exercises this right, they are advised to insure the Lot s until the Consignor re-takes possession of the Lot s. As Instructed. Verbal bidding instructions will not be accepted. Introduction: 1. Please ensure that you read and understand these Conditions prior to consigning a Lot s. These Conditions; 1. The Conditions of Business displayed in the auction salesroom; 1. RMS agrees to receive the Lot s in trust and agrees not to permit its use for any other purposes, other than those contained in these Conditions, without the express written consent of the Consignor.
Services: RMS agrees to act as an agent for the Consignor and to provide services, a sales facility, clerks, support staff, advertising, and promotion. In connection with the auction, RMS will have absolute discretion with regard to the Lot s as to a consulting any expert either before or after the sale, b researching the provenance, c grouping and providing descriptions as may be appropriate, d marketing and promotion of the Lot s , and e any other services required to conduct the auction of the Lot s.
Commissions: 4. The Consignor agrees and acknowledges that the credit card provided in the Specific Information of the Auction Consignment Agreement will be charged for the applicable Expenses and Fees. Proceeds to Consignor: 7.
If the Lot s is sold by RMS during the term of these Conditions, RMS will make reasonable efforts to disburse the money due to the Consignor within 21 business days after the purchase price, applicable commissions, and Expenses and Fees have been received by RMS from the Buyer, in accordance with the terms of these Conditions and no claim or Dispute has been raised by the Buyer.
Before payment of any money due to the Consignor is to be made, the Consignor agrees to provide RMS with the documents necessary to transfer the Ownership of the Lot s to the Buyer. Thereafter, the Consignor agrees to provide any cooperation that RMS, in its sole discretion, deems necessary to transfer such Ownership, Title, or registration to the Buyer.
Reserve: 8. The Reserve noted in the fillable section of the Auction Consignment Agreement is the lowest bid acceptable to the Consignor. The Reserve may be lowered at any time by the Consignor, either verbally or in writing, but it may not be raised.
RMS has the right to sell a Lot s at a price below the agreed verbal or written Reserve, provided that the Consignor receives the same net Proceeds under clause 8. Exclusivity: 9. The Consignor grants to RMS the exclusive right and authority to advertise and sell the Lot s for a period beginning with the date of these Conditions and ending 90 business days following the auction that the Lot s was offered in.
The Consignor agrees to provide RMS with a good, clear, and transferable Title to the Lot s in advance of the auction. In cases where pre-existing Titles do not exist and insurance bonds are necessary, the Consignor will be charged Title Fees on a case-by-case basis.
In order to facilitate and transfer the Title for the Lot s , the Consignor agrees to sign the Power of Attorney attached to the Auction Consignment Agreement. Non-Payment by Buyer: In the event of non-payment by the Buyer, RMS will endeavor to use reasonable efforts to enforce payment from the Buyer; however, RMS shall not be liable to the Consignor for payment.
Notwithstanding the preceding sentences, if RMS has paid any portion of the purchase price to the Consignor, but the purchase price has not been collected from the Buyer of the Lot s , the Consignor hereby agrees, simultaneously with such payment, to assign to RMS any and all rights that the Consignor may have against such Buyers to the extent of such payment, whether at law, in equity, or under the Contractual Obligations.
Lot s Description: The Consignor will provide applicable information as outlined in the Lot s Description Requirements attached to the Auction Consignment Agreement. The Consignor is required to review and approve any and all descriptions within 48 hours of receiving the description from RMS.
Lot s Operation: The Consignor authorizes RMS to perform minor work on the Lot s to facilitate the Lot s starting and driving or being presentable for Sale. Drivers: The Consignor acknowledges and grants permission for RMS and its employees and agents to drive or move the Lot s from time to time before, during, or after the Sale.
No-Sale of Lot s : If there is a no-sale, any and all fees owing, including but not limited to Title Fees, must be paid to RMS before the Lot s is released to the Consignor. If there is a no-sale, the non-sold Lot s must be removed by the Consignor from the auction site or the secure storage facility by p. Contingent upon clause If the Consignor has not removed their Lot s from the storage facility within 6 months of the auction date, RMS has the right to enter the Lot s into an auction at no reserve or to sell it via private sale for fair market value.
RMS shall have the right to exercise a charge or lien on the non-sold Lot s or any other property belonging to the Consignor in the possession of RMS if the Consignor owes RMS money, and to apply any money due or to become due to the Consignor to the outstanding money the Consignor owes to RMS.
Force majeure events, including but not limited to: Any natural disaster that, despite reasonable efforts, restricts RMS from holding the auction; Structural damage to the auction venue prior to the auction that, despite reasonable efforts, restricts RMS from holding the auction; and If the auction is cancelled for any of the reasons outlined in this clause, RMS has the right-of-first refusal to consign and sell the Lot s for up to one year from the date of cancellation.
If the Consignor has an opportunity to place the Lot s in an auction or sell via private sale, RMS has the right to meet the economic terms of the opportunity and sell on behalf of the Consignor for up to 5 business days from the Consignor providing notice.
RMS opines that the Lot s has been intentionally or materially misrepresented by the Consignor; RMS opines that physical damage to the Lot s , which cannot be sufficiently repaired prior to the auction, occurred after these Conditions was signed; RMS is served with a lawsuit or threatened with a Dispute from a third party in relation to the Lot s ; RMS faces significant reputational damages that would cause monetary damages for offering or selling the Lot s ; Material issues regarding the Title, registration, or transfer of Ownership that cannot be reasonably cured or RMS believes would expose it to claims or Disputes from a third party; Material issues regarding the provenance, merchantability, or authenticity of the Lot s that cannot be reasonably cured or RMS believes would expose it to claims or Disputes from a third party; If the Sale of the Lot s is cancelled for any of the reasons outlined in this clause, RMS has the right-of-first refusal to consign and sell the Lot s for up to one year from the date of cancellation.
Estimates: Any pre-sale estimates are intended as guides for prospective Bidders. RMS makes no representation or warranty of the anticipated selling price of a Lot s , and no estimate anywhere by RMS of the selling price of a Lot s may be relied upon as a prediction of the actual selling price. Estimates included online, in pre-mailers, in any advertisements, or elsewhere are preliminary only, and they are subject to revision by RMS from time to time at its sole discretion. Insurance: The Consignor will be responsible for maintaining adequate property insurance on the Lot s at all times, and this insurance must be at least equal to the aggregate low pre-sale auction estimate for the Lot s or such other amount agreed to between Consignor and RMS, which in each case shall include insurance for damages to the Lot s and shall not be cancellable by the insurance company until after Ownership and Title have passed to the Buyer and the Buyer has taken possession of the Lot s 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 Lot s. Withdrawn Lot s : The Consignor acknowledges that RMS has incurred and will incur significant costs preparing, advertising, marketing, and promoting the Lot s for the auction. Accordingly, to the extent permitted by applicable law, RMS excludes all expressed or implied warranties, terms, and conditions, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Bid Display: RMS may use a bid display for informational purposes only. The bids and currencies listed on the bid display are not real-time bids or conversions pegged to market rates and are not to be relied on by anyone. Legal Action: These Conditions shall be interpreted in accordance with the laws of England, without regard to choice of law principles. Any dispute, claim, or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Conditions to arbitrate shall exclusively be subject to arbitration, and shall first be subject to mediation as a condition precedent to arbitration.
If mediation is unsuccessful, the parties shall proceed to arbitration near London, England, before one arbitrator and all proceedings shall be conducted in English. Antifreeze Is the Responsibility of the Consignor: If already settled, the Consignor must pay RMS directly.
Entire Agreement: This document shall be binding upon the Parties and their respective heirs, personal representatives, and assigns. Except as otherwise expressly provided herein, these Conditions shall not be modified, except in writing. Whenever used in these Conditions, as the contract requires, 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.
The Consignor acknowledges that the Consignor has had the opportunity to consult an attorney before signing these Conditions and has signed these Conditions after having the opportunity to consult with an attorney of their own choosing.
RMS uses your personal information to provide services specifically tailored toward your requirements and to treat you in a personal way; to fulfill your agreements regarding the consignment and purchase of items at RMS auctions and private sales; to provide you with information on upcoming sales; to carry out analysis and market research; to undertake targeted online advertising; to send status updates and service communications; to improve our websites, products, and services; to provide payment services; and for management and administrative purposes.
Confidentiality of the Buyer s Identity: Unless RMS elects to do so in its sole discretion, RMS shall not be required to share or produce the name of Buyer s to the Consignor s without a court order or except in accordance with government regulation. Vehicle Registration Number If Applicable : Lot s Under Temporary Import: Customs charges will be levied appropriately depending on each individual scenario and will be payable directly to the relevant authorities, for which RMS will provide the details of as and when necessary.
If the Lot s does not sell at the auction, the Lot s must be re-exported to the country of origin, transferred to another temporary bond, or, alternatively, the Consignor must pay any and all relevant taxes if the Consignor would like the Lot s to remain in Europe.
Should the Consignor decide for the Lot s to remain in Europe when purchased, the Buyer is responsible to pay any and all import fees for the Lot s. Consumer Protection Rights: If the Consignor is a Business defined below AND the winning Bidder is a consumer AND the consumer has a right of withdrawal against the Consignor on the basis of EU consumer protection laws, the Consignor agrees that the Buyer has the automatic statutory right for 14 calendar days after the Buyer is responsible to take possession of the Lot s to rescind the Sale of the Lot s for any reason.
Nothing in this clause shall affect any Buyer s legal rights that shall apply against RMS or the Consignor as a result of any applicable laws. RMS reserves the right to make the reasonable determination as to whether a Consignor meets the definition of Business. RMS may unilaterally retain funds from the Buyer if the Consignor has breached the terms outlined in these Conditions. Enter the email address associated with your rmsothebys. Join rmsothebys.
Customize your preferences and enjoy a tailored experience when visiting us Access history files and inspection reports for your favourite cars And so much more! The international auction house said it is the highest value iteration of the biannual sale in a decade. The original patron for whom these diamond encrusted spectacles were commissioned remains unknown, but they stem from a rich period of artistic and architectural achievement during the Great Mughal emperors' reigns of the 17th century.
Getty Images. Two pairs of diamond and emerald spectacles, called Halo of Light and Gate of Paradise, respectively, are set to captivate bidders. The auction house said the artistry used to shape the diamonds was masterly. A Quran written in gold from 16th-century Persia is also available. Dazzling display of art from Islamic world and India at Sotheby's London auction The high-valued lots include gem-stoned eyewear and a gold Quran Expand Autoplay. Layla Maghribi. Getty Images Two pairs of diamond and emerald spectacles, called Halo of Light and Gate of Paradise, respectively, are set to captivate bidders.
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