General Conditions
Jaguar Automobilia Collector Postal Auction is referred to throughout as JACPA.
These Conditions must be read in conjunction with the Guidance notes.
All transactions to which these conditions apply and all matters connected therewith shall be governed by English law.
Delivery of goods for sale or entry of a bid shall be deemed an unconditional acceptance of these conditions.
Catalogue descriptions are statements of opinion only. Many lots will be of an age or nature which precludes their being in pristine condition. Catalogue descriptions may indicate certain damage or imperfections. The absence of such an indication does not imply freedom from defects, nor does reference to certain defects imply the absence of others.
Estimates are statements of opinion only. No estimates made anywhere by JACPA whether in writing or orally may be regarded as a prediction of the actual selling price.
Catalogue and web-based illustrations are solely for guidance and are not to be relied upon to define condition.
The copyright in all written matter and illustrations relating to lots shall remain at all times the absolute property of JACPA.
Lots subject to VAT on the hammer price are indicated by a star (*) after the lot number in the catalogue. VAT might not be chargeable if such lots are delivered outside the EU.
Buyer's Conditions
No person shall be entitled to bid at a sale other than on a JACPA bidding form as printed in the sale catalogue or as downloaded from the JAC website. Photocopies are acceptable.
The highest bidder will be the buyer.
The hammer price will be one step above the underbidder's bid. Hammer price steps will be as stated in the Guidance notes. If only one bid is received above the reserve price the hammer price will be that bid.
A buyer's premium of 15%, plus VAT on the premium at the prevailing UK rate, is payable on the hammer price of each lot bought.
Ownership of a lot shall not pass to the buyer until payment of the total amount due has been made in full to JACPA.
Insurance in transit will be at the buyer's discretion. If the buyer instructs that the items should not be insured then JACPA shall not be in any way liable for any damage to or loss or destruction of the items however caused.
Full payment must be made to JACPA not later than 14 days after receipt of the invoice. Methods of payment are as stated in the Guidance notes.
If payment in full is not received within the stipulated time then JACPA shall be entitled to:
- Retain that lot and all other lots sold to that buyer at the same or any other sale
- Rescind the sale of that lot and all other lots sold to that buyer at any auction conducted by JACPA.
- To reject any bid from that buyer at any future sale.
- Consult the vendor or vendors and seek disposal instructions for the lot or lots.
Vendor's Conditions
The vendor warrants to JACPA that the vendor is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer possession and good and marketable title to the property free of any third party claims.
The vendor also warrants that the vendor has provided JACPA with all information the vendor has concerning the provenance of the property
All items for sale shall be sent to JACPA for inspection prior to cataloguing.
Insurance in transit will be at the vendor's discretion. All items will be insured at the vendor's expense whilst on JACPA premises. The charge for both forms of cover will be £1 per £100 subject to a minimum charge of £1. Lots will be valued as follows:
- If unsold - the reserve price or the lower estimate if there is no reserve.
- If sold - the hammer price
If the vendor instructs that the items should not be insured in transit then JACPA shall not be in any way held liable for any damage to or loss or destruction of the items however caused.
Reserves will be agreed in writing between JACPA and the vendor. If no reserve has been placed on a lot JACPA shall in no way be held liable should the lot be purchased at a price below any estimated selling price of the lot shown in the catalogue.
The vendor gives JACPA the right and full discretion to photograph any lot offered for sale and to reproduce such photographs plus any supplied by the vendor at any time. The copyright of all photographs taken by or on behalf of JACPA shall be the absolute property of JACPA.
Where a vendor cancels instructions for the sale of a lot after it has been catalogued then JACPA shall be entitled to a fee of 10% of the reserve price or of the lower estimate if there is no reserve, plus VAT and expenses e.g. cataloguing, photography, insurance and return carriage costs.
It is the responsibility of the vendor to confirm whether or not a lot has been sold. If a lot is unsold the vendor shall either arrange for the lot to be returned at their own expense or instruct JACPA to re-offer the lot for sale through JACPA or privately. A flat fee of £2 per lot will be charged on unsold lots.
If, within 28 days after the sale has closed the vendor fails to give instructions for the disposal of an unsold lot JACPA shall have the right to sell the lot by auction or private sale and deduct from the proceeds any sums owing to JACPA.
The vendor agrees to pay JACPA's expenses and vendor's commission at the rates shown in these Conditions and the Guidance notes and authorises JACPA to deduct these sums from the hammer price.
JACPA shall pay the sale proceeds to the vendor not later than 10 days after the purchase price has been received in full by JACPA. If the sale proceeds have not been received within a reasonable time JACPA will contact the vendor and seek instructions.
