General Conditions

1.  Jaguar Automobilia Collector Distant Auction is referred to throughout as JACDA.

2.  These Terms and Conditions will form the basis of the contracts between JACDA and Buyers and between JACDA and Vendors. They must be read in conjunction with the Guidance Notes listed elsewhere on this website and in the auction catalogue.

3.  All transactions to which these conditions apply and all matters connected therewith shall be governed by English law.

4.  Delivery of goods for sale or entry of a bid shall be deemed unconditional acceptance of these conditions.

5.  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.

6.  Estimates are statements of opinion only. No estimates made anywhere by JACDA whether in writing or orally may be regarded as a prediction of the actual selling price.

7.  Catalogue and web-site illustrations are solely for guidance and are not intended to define condition.

8.  The copyright in all written matter and illustrations in the catalogue and on the website shall remain the absolute property of JACDA.

9. Lots subject to VAT on the hammer price will be indicated by a hash (#) after the lot number in the catalogue. VAT may not be chargeable if such lots are delivered outside the EU.

 

Buyers’ Conditions

1.  No person shall be entitled to bid at a sale other than on a JACDA bidding form as printed in the sale catalogue or as downloaded from the JAC website, or through the website or as sent by e-mail. All bids will be acknowledged and that acknowledgement will constitute acceptance of the bid(s).  Photocopies of printed bidding forms are acceptable. Bids will not be accepted by phone or fax.

2.  The highest bidder on a Lot when the auction closes will be the buyer and that bid will form the hammer price for the Lot irrespective of any lower bids. If only one bid is received at or above a reserve price the hammer price will be that bid. What you bid is what you pay.

3.  A buyer’s premium of 20%, plus VAT on the premium at the prevailing UK rate, is payable on the hammer price of each lot bought. VAT may not be payable of lots are to be delivered outside the EU

4.  The Buyer agrees to pay JACDA’s expenses and buyer’s commission at the rates shown in these Conditions and the Guidance Notes. These costs will be added to the hammer price.

5.  Ownership of a lot shall not pass to the buyer until payment of the total amount due has been made in full to JACDA.

6.  Insurance in transit shall be at the buyer’s discretion. If the buyer gives no instructions for the purchases to be insured then JACDA shall not be in any way liable for any damage to or loss or destruction of the item or items however caused.

7.  Full payment must be made to JACDA not later than 14 days after receipt of the invoice. Methods of payment are in the Guidance Notes.

8.  If payment in full is not received within the stipulated time then JACDA shall be entitled to: 1. Retain that lot and all other lots sold to that buyer at the same or any other sale. 2. Rescind the sale of that lot and all other lots sold to that buyer at any auction conducted by JACDA. 3. Reject any bid from that buyer at any future sale. 4.  In the event of part-payment, sell any items that are unpaid for, deduct all costs and refund the remaining proceeds, if any.

 

Vendors’ Conditions

1.  The vendor warrants to JACDA 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.

2.  The vendor also warrants that he/she has provided JACDA with all information the vendor has concerning the provenance of the property

3.  All items for sale shall be sent to JACDA for inspection prior to cataloguing.

4.  All items will be insured at the vendor’s expense whilst on JACDA premises. The charge will be £1 per £100 subject to a minimum charge of £1. If unsold – the value will be the reserve price or the lower estimate if there is no reserve. If sold the value will be the hammer price plus commission.

5.  Insurance in transit will be at the vendor’s discretion.  If the vendor decides that their items should not be insured in transit to JACDA premises then JACDA shall not be in any way held liable for any damage to or loss or destruction of the items in transit however caused.

6.  Reserves will be agreed in writing between JACDA and the vendor. If no reserve has been placed on a lot JACDA shall in no way be held liable should the lot be sold at a price below any estimated selling price shown in the catalogue.

7.  A vendor’s premium of 20% plus VAT on the premium at the prevailing UK rate is payable on the hammer price of each lot sold.

8.  The vendor gives JACDA 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 JACDA shall remain the absolute property of JACDA.

9.  Where a vendor cancels instructions for the sale of a lot after it has been catalogued JACDA 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. If the cancellation is received after the auction has launched, the fee is increased to 20%, plus expenses.

10. 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 JACDA to re-offer the lot for sale. A flat fee of £2 per lot will be charged on unsold lots.

11. If, within 30 days after the sale has closed, the vendor fails to give instructions for the disposal of an unsold lot JACDA shall have the absolute right to sell the lot by auction or private treaty sale and deduct from the proceeds any sums owing to JACDA.

12.  The vendor agrees to pay JACDA’s expenses and vendor’s commission at the rates shown in these Conditions and the Guidance Notes and authorises JACDA to deduct these sums from the hammer price.

13.  JACDA shall pay the net sale proceeds to the vendor not later than 10 days after the invoiced funds have been received by JACDA from the buyer in full. If the sale proceeds have not been received within 30 days from the invoice date, JACDA will contact the vendor and seek instructions.