Lot

25

1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34,

In Classic Cars - The Autumn Auction

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1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 1 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 2 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 3 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 4 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 5 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 6 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 7 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 8 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 9 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 10 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 11 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 12 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 13 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 14 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 15 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 16 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 17 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 18 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 19 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 20 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 21 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 22 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 23 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 24 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 25 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 26 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 27 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 28 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 29 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 1 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 2 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 3 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 4 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 5 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 6 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 7 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 8 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 9 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 10 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 11 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 12 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 13 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 14 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 15 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 16 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 17 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 18 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 19 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 20 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 21 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 22 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 23 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 24 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 25 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 26 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 27 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 28 of 29
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34, - Image 29 of 29
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Somerset
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34,500 miles - Rare UK delivered example in RHD specification - Continuous ownership history from new (previous keeper of over 20 years) - Extensive history file with invoices for c. £60,000 in older maintenance and restoration The 1967 Geneva Motor Show event saw the unveiling of the sensational Lamborghini Marzal concept car, which was seen as an approach to a four-seat Lamborghini and a forerunner for the distinctive Espada. Named after a matador's sword, the Espada was styled along lines similar to those of the concept Marzal but carried a 4.0 litre V12 up front, first seen in the 400GT and Islero.  Designed by Marcello Gandini at Bertone, the Espada first appeared in 1968 in Series I guise, followed in 1970 by the Series II, adding the uprated engine to Miura ‘S’ specification, ventilated disc brakes, and Miura-style knock-off wheels. The Series III of 1972 brought further enhancements, such as a new aluminium-trimmed instrument panel, Campagnolo alloy wheels, new tail lights, and a square-mesh front grille. ZF power steering and air-conditioning were also fitted as standard. The claimed performance figures were 0-60mph in 6.5 seconds, with a top speed of 155mph. Espada production ceased in 1978 after 1,217 of these imposing cars had been built. Even today there are few cars that can match the on-road presence of the Espada. Fewer than 500 examples of the Series III were built, and only 121 in right-hand drive. This rare UK delivered (RHD) Series III Espada was registered when new to Gilbey Textiles of Mile End in London on 13th September 1974, who kept the exotic GT for around a year before ownership passed to Mr. Keith Osborne of Sussex. The Espada changed hands again in 1982 to Mr. Douglas Thompson of Chessington, and then to Mr. John Roberts of Bath in 1987.  In Mr. Robert’s ownership the Espada was subject to restoration with marque expert John Hartland of Motorapide (latterly Hartland Motorsport). At this point the car was fitted with a replacement engine and gearbox of the correct type, from a Jarama GTS model which has the same 4.0 litre displacement but is rated at a higher 365 bhp. The engine was fitted with new piston rings, gaskets, main and big-end shells, the bores were honed, one camshaft re-profiled, all valves re-seated, and the carburettors adjusted. During the restoration, the bonnet, which had previously sustained some light panel damage, was replaced, and at the same time the nearside inner arch wing repaired and refinished. In 1992 Mr. Roberts sold on to a local man, Mr. Robert Kenhard, also of Bath, who passed title to Mr. Kevin Baxter of Norwich in 1994. Mr. Baxter kept the Espada for a few years until another enthusiast, Mr. Blair Thompson, acquired the car in 1997, keeping it for a further 20 years.   Throughout this time the Espada continued to be maintained by John Hartland. In 2008 the engine top-end was rebuilt at a cost of circa £11,000, which included converting the car to run on unleaded fuel. Also in the file are a number of receipts for various works including refinishing of the paintwork, reconditioned shock absorbers (plus bushes), reconditioned clutch slave cylinder, new fuel pipes plus refurbished tanks, a refurbished dashboard, new front carpets, servicing and rebuilding the carburettors. Noteworthy upgrades included new modern air conditioning and heater, new radiator core with revised radiator header tank/positioning for improved cooling, modern radiator fans, stainless steel exhaust system, stainless steel brake pistons, a modern brake servo, and a modern CD/iPod stereo system. The front seats were also re-covered and fitted with new inertia-reel front seat belts, the handbrake modified, the headlights upgraded, and also central locking and an alarm system installed. Looking through the extensive history file reveals receipts for over £60,000 in restoration and maintenance works, dating back to the late 1990s. Such was Mr. Thompson’s faith in the car that he took it on the long journey to Italy in 2013, to participate in the Grand Giro Lamborghini 50th Anniversary event. Extensively restored and improved over the years, this striking and rare RHD Espada is offered with a continuous record of ownership from new, current and older V5C registration documents, various correspondence, and both a new and and several older MoT certificates dating back to the 1990s.
1974 LAMBORGHINI ESPADA Registration Number: HYM 297N Chassis Number: 9414 Recorded Mileage: 34,500 miles - Rare UK delivered example in RHD specification - Continuous ownership history from new (previous keeper of over 20 years) - Extensive history file with invoices for c. £60,000 in older maintenance and restoration The 1967 Geneva Motor Show event saw the unveiling of the sensational Lamborghini Marzal concept car, which was seen as an approach to a four-seat Lamborghini and a forerunner for the distinctive Espada. Named after a matador's sword, the Espada was styled along lines similar to those of the concept Marzal but carried a 4.0 litre V12 up front, first seen in the 400GT and Islero.  Designed by Marcello Gandini at Bertone, the Espada first appeared in 1968 in Series I guise, followed in 1970 by the Series II, adding the uprated engine to Miura ‘S’ specification, ventilated disc brakes, and Miura-style knock-off wheels. The Series III of 1972 brought further enhancements, such as a new aluminium-trimmed instrument panel, Campagnolo alloy wheels, new tail lights, and a square-mesh front grille. ZF power steering and air-conditioning were also fitted as standard. The claimed performance figures were 0-60mph in 6.5 seconds, with a top speed of 155mph. Espada production ceased in 1978 after 1,217 of these imposing cars had been built. Even today there are few cars that can match the on-road presence of the Espada. Fewer than 500 examples of the Series III were built, and only 121 in right-hand drive. This rare UK delivered (RHD) Series III Espada was registered when new to Gilbey Textiles of Mile End in London on 13th September 1974, who kept the exotic GT for around a year before ownership passed to Mr. Keith Osborne of Sussex. The Espada changed hands again in 1982 to Mr. Douglas Thompson of Chessington, and then to Mr. John Roberts of Bath in 1987.  In Mr. Robert’s ownership the Espada was subject to restoration with marque expert John Hartland of Motorapide (latterly Hartland Motorsport). At this point the car was fitted with a replacement engine and gearbox of the correct type, from a Jarama GTS model which has the same 4.0 litre displacement but is rated at a higher 365 bhp. The engine was fitted with new piston rings, gaskets, main and big-end shells, the bores were honed, one camshaft re-profiled, all valves re-seated, and the carburettors adjusted. During the restoration, the bonnet, which had previously sustained some light panel damage, was replaced, and at the same time the nearside inner arch wing repaired and refinished. In 1992 Mr. Roberts sold on to a local man, Mr. Robert Kenhard, also of Bath, who passed title to Mr. Kevin Baxter of Norwich in 1994. Mr. Baxter kept the Espada for a few years until another enthusiast, Mr. Blair Thompson, acquired the car in 1997, keeping it for a further 20 years.   Throughout this time the Espada continued to be maintained by John Hartland. In 2008 the engine top-end was rebuilt at a cost of circa £11,000, which included converting the car to run on unleaded fuel. Also in the file are a number of receipts for various works including refinishing of the paintwork, reconditioned shock absorbers (plus bushes), reconditioned clutch slave cylinder, new fuel pipes plus refurbished tanks, a refurbished dashboard, new front carpets, servicing and rebuilding the carburettors. Noteworthy upgrades included new modern air conditioning and heater, new radiator core with revised radiator header tank/positioning for improved cooling, modern radiator fans, stainless steel exhaust system, stainless steel brake pistons, a modern brake servo, and a modern CD/iPod stereo system. The front seats were also re-covered and fitted with new inertia-reel front seat belts, the handbrake modified, the headlights upgraded, and also central locking and an alarm system installed. Looking through the extensive history file reveals receipts for over £60,000 in restoration and maintenance works, dating back to the late 1990s. Such was Mr. Thompson’s faith in the car that he took it on the long journey to Italy in 2013, to participate in the Grand Giro Lamborghini 50th Anniversary event. Extensively restored and improved over the years, this striking and rare RHD Espada is offered with a continuous record of ownership from new, current and older V5C registration documents, various correspondence, and both a new and and several older MoT certificates dating back to the 1990s.

Classic Cars - The Autumn Auction

Sale Date(s)
Venue Address
Auction Salerooms
Vicarage Street
Frome
Somerset
BA111PU
United Kingdom

Once paid for, lots can be collected from Dore and Rees by appointment.  We can recommend shippers to assist with the collection and transport of lots to you.  

Important Information

.VIEWING

Viewing for Classic Cars will be held at the Cattle Market car park, next to the
Cheese and Grain, Market Yard, Frome BA11 1BE
Friday 7 October 10am to 7pm
Saturday 8 October 9am to 2pm

AUCTION
The auction will be held at Dore & Rees Auction Salerooms, Vicarage Street, Frome BA11 1PU
Saturday 8 October at 2pm

REGISTRATION TO BID
All new bidders will be requested to provide a copy of identification (Passport/Driving Licence) and proof of address (utility bill, Council Tax bill)

BUYERS PREMIUM
Buyer's premium for all lots in this Classic Cars auction is 10% of the hammer price plus VAT

ONLINE BIDDING
Additional charges for online bidding apply

PAYMENT
Lots must be paid for in cleared funds prior to collection.

COLLECTION & STORAGE
All cars are to be collected after the auction, up to 18:00 on Saturday 8 October or by 12:00 on Monday 10 October.
Lots that cannot be collected from the viewing site by 12.00 on Monday 10 October will be taken into secure storage at the buyer’s expense.
Costs are as follows:
Transport - £150 + VAT
Storage - £14 + VAT per day for the first 14 days, £10 + VAT per day thereafter

Storage details:
Rudler Car Transportation and Storage
P.O. Box 11, Royal Wootton Bassett, Swindon, Wiltshire, SN4 7SY
Tel: +44 (0)1793 73 11 07

Terms & Conditions

Terms and Conditions of Sale - BUYER

This document acts to confirm the terms and conditions under which Dore & Rees, acting as agent, will sell Lots by auction to Buyers on behalf of Sellers. 

  1. Our Status
    1. We act as agent to sell the Lots on the Seller’s behalf by auction.
    2. You will pay the Hammer Price, with Buyer’s Premium at 25% (except Classic Car auctions Buyer's Premium of 10% of the Hammer Price) together with VAT at the prevailing rate and any applicable charges within 5 working days following the Auction in which the Lots are purchased by you.
    3. We will always treat your data with care, personal details are held securely and will not be sold. Our Privacy statement is available at www.doreandrees.com
    4. The Estimate
      1. The estimate is a guide to help you gauge how much you might have to spend to purchase the Lot.
      2. Estimates can change, they are not definitive and should not be thought of as the sale price.
      3. Estimates do not include the Buyer’s Premium or VAT at the prevailing rate and any applicable charges.
      4. Estimates may be altered by a saleroom notice or announcement by the auctioneer before the Lot is offered.
      5. Buyer’s obligations and undertakings
        1. You warrant to us and to the Seller that:

                                                    i.     you will not bid on a Lot you do not intend to pay for

                                                   ii.     you have the funds to complete the purchase at the total value of Hammer Price, Buyer’s Premium together with VAT at the prevailing rate and any applicable charges;

                                                  iii.     the funds are not connected with any criminal activity including tax evasion, and that you are neither under investigation nor have you been charged with or convicted of money laundering, terrorist activities or other crimes

                                                  iv.     if the Lot you purchased is to be removed to a country outside the UK, all duties, taxes and licences on the export of the Lot are your responsibility.

  1. If you, the Buyer, decide to exercise your right to cancel, we are entitled to account directly to the Seller for any applicable refund and we shall retain on account amounts to compensate the Seller should the Lot be damaged or tampered with by you.
  2. You will indemnify us and the Seller in full on demand against all claims, costs or expenses incurred by us or the Seller as a result of any breach by you of any of the obligations in this clause.
  3. Inspection of Lots
    1. As we act on behalf of the Seller, we are dependent on information provided by the Seller about their Lots.  We may inspect Lots and will act reasonably in taking a general view about them.  However we are normally unable to carry out detailed examinations of Lots to check their condition in the way a Buyer would do.
    2. We strongly recommend that you attend the auction viewing in person if possible.  You are responsible for your decision to bid for particular Lot.  If you bid on a Lot, including by telephone, absentee bid or online bidding, we will assume that you have carefully inspected the Lot and satisfied yourself regarding it’s condition.
    3. Please note that the Lots (in particular second hand Lots) are unlikely to be in perfect condition.  Lots are sold ‘as is’ (i.e. as you see them at the time of the auction).  Neither we nor the Seller accept any liability for the condition of second-hand Lots or for any condition issues affecting a Lot if such issues are included in the description of a Lot in the auction catalogue (or in any saleroom notice) and/or which the inspection of a Lot by the Buyer ought to have revealed.
    4. Descriptions and condition
      1. Our descriptions of the Lot will be based on

                                                    i.     Information provided to us by the Seller of the Lot (for which we are not liable); and

                                                   ii.     Our opinion (although it is likely that we will not be able to carry out a detailed inspection of each Lot).

  1. We will give you a number opportunities to view and inspect the Lots before the auction.  You (and any independent consultants acting on your behalf) must satisfy yourself about the accuracy of any description of a Lot.  We shall not be responsible for any failure by you or your consultants to properly inspect a Lot.
  2. Representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion.  We undertake that any such opinion will be honestly and reasonably held and accept liability for opinions given negligently or fraudulently.
  3. Registration, Bidding and the Buyer
    1. You are required to register to bid by 5pm on the day before the auction.  We reserve the right to impose a deadline prior to the auction by which you must register or by which we must receive an absentee bid.
    2. If you wish to bid on high value Lots, the registration deadline may be several days before the auction in order to allow us sufficient time to carry out the necessary checks.
    3. We reserve the right to require deposits at the point of Registration on high value Lots.  Deposits are refundable after the auction if you are not a successful Bidder.
    4. Lots will be invoiced to the name and address on the Registration Form.
    5. Absentee bids may be left with us in writing indicating the maximum amount to be bid against a Lot (excluding Buyer’s Premium and/or VAT and any applicable charges). We will execute absentee bids as cheaply as possible having regard to the Reserve (if any) and competing bids.  If two Bidders submit identical commission bids we may prefer the first bid received (where this can reasonably be ascertained).  Neither we nor our employees or agents will be responsible for any failure to execute your absentee bid, unless our failure to do so is unreasonable.
    6. Telephone bidding is offered on a first come first serve basis on high value lots. Neither we nor our employees or agents will be responsible for any failure to execute your telephone bid, unless our failure to do so is unreasonable.
    7. Bidding online is available via doreandrees.com and our auction partners EasyLiveAuction.com.  Please refer to EasyLiveAuction.com for their charges and terms and conditions.
    8. We reserve the right to refuse to register you if you do not provide us with all the information and documentation that we ask for at our discretion.
    9. We may bid on Lots on behalf of the Seller up to one bid below the Reserve.
    10. We may refuse to accept any bid if it is reasonable for us to do so.
    11. Bidding increments will be at our sole discretion (and in line with standard auction practice).
    12. The Bidder placing the highest bid for a Lot accepted by the Auctioneer will be the Buyer at the Hammer Price.  Any dispute about a bid will be settled at our discretion.  We may reoffer the Lot during the auction or may settle the dispute in another way.  We will act reasonably when deciding how to settle the dispute.
    13. Anti-Money Laundering Regulations
      1. We are obliged to comply with Anti-Money Laundering regulations which apply to individuals and businesses who deal in the sales, purchases and storage of works of art with a value of €10,000 (or equivalent) or more. 
      2. Buyers may be requested to provide photographic ID and proof of address documentation in advance of the Auction in which they are bidding in order to meet the requirements of the regulations.
      3. The Purchase price
        1. As Buyer, you will pay:

                                                    i.     The Hammer Price;

                                                   ii.     Buyer’s Premium of 25% of the Hammer Price (except Classic Car auctions Buyer's Premium of 10% of the Hammer Price)

                                                  iii.     Any artists resale right royalty payable on the sale of the Lot

                                                  iv.     Any VAT due

  1. VAT
    1. You are responsible for the payment of any VAT applicable on the Hammer Price and Buyer’s Premium due for a Lot.
    2. We will charge VAT at the current rate at the date of the auction.
    3. Artist’s Resale Right
      1. From mid February 2006, living artists are entitled by law to receive a resale royalty each time their work is resold by or to and art market professional.  From January 2012, the Right has been extended to include sales of works by artists who have died within the last 70 years (following the existing term of copyright).  Royalties will be payable to the families and the beneficiaries of these artists.
      2. An artwork must be resold for more than 1000 euros Hammer Price (or equivalent) to qualify for the right.  The rates applicable are calculated as a percentage of the Hammer Price and are set out on a sliding scale from 4% to 0.25%.  The charge is exclusive of VAT.  We reserve the right to pass all the cost to the Buyer of the qualifying artwork.
      3. The contract between you and the Seller
        1. The contract for the purchase of the Lot between you and the Seller will be formed when the hammer falls accepting the highest bid for the Lot at the auction.
        2. You may directly enforce any terms in the Terms and Conditions of Sale - SELLER against a Seller to the extent that you suffer damages and/or loss as a result of the Seller’s breach of the Terms and Conditions - SELLER.
        3. If you breach these Terms and Conditions – BUYER, you may be responsible for damages and/or losses suffered by a Seller or us.  If we are contacted by a Seller who wishes to bring a claim against you, we may in our discretion provide the Seller with information or assistance in relation to that claim.
        4. We normally act as an agent only and will not have any responsibility for default by you or the Seller (unless we are the Seller of the Lot)
        5. In addition to any other rights we may have to cancel a contract for sale under these Terms and Conditions – BUYER, in the event:

                                                    i.     You are in breach of your warranties in clause 3; or

                                                   ii.     We have not completed our enquiries pursuant to the Money Laundering Regulations and related legislation to our satisfaction; or

                                                  iii.     We have reason to believe that the transaction might be unlawful for any reason, or that the sale might put us under any civil or criminal liability,

we may delay the completion of the sale, delay a release of a Lot or cancel the sale of a Lot

  1. Payment
    1. Immediately following your successful bid on a Lot you will:

                                                    i.     Pay to us the Total Amount Due by one of the following methods:

  1. BACS
  2. Debit Card
  3. Credit card – up to a limit of £500 if a distance payment
  4. Cash – up to a limit of £8000 in person
  5. Title and Collection of Lots
    1. While you are bound by the contract for the purchase of the Lot from the fall of hammer on your successful bid, ownership in the Lot will not pass to you until you have paid us in full the Total Amount Due in cleared funds for that Lot;
    2. You may not claim or collect your Lot until you have paid for it and ownership has passed to you.
    3. You will (at your own expense) collect any Lots that you have purchased and paid for either:

                                                    i.     Not later than 5 working days following the day of the auction

                                                   ii.     Not later than 5 working days following the date that we have received payment of the Total Amount Due in cleared funds, if later.

  1. Storage of Lots
    1. If you do not collect the Lot within the time period set out in above, you will be responsible for any reasonable removal, storage and insurance charges in relation to the Lot.
    2. The risk of loss or damage to the Lot will pass to you when you (or your agents) take physical possession of the Lot.
    3. If you do not collect the lot that you have paid for within 90 days after the auction we may sell the Lot.  We will pay the proceeds of any such sale to you, we will deduct any storage charges or other sums that we have incurred in the storage and sale of the Lot.  We reserve the right to charge you a selling commission at our standard rates on any such resale of the Lot.
    4. Remedies for non-payment or failure to collect purchases
      1. Please do not bid on a lot if you do not intend to buy it.  If your bid is successful, these Terms and Conditions of Sale - BUYER will apply to you.  This means that you will have to carry out your obligations set out in these Terms and Conditions of Sale - BUYER. If you do not comply with these Terms and Conditions of Sale - BUYER, we may (acting on behalf of the Seller and ourselves) pursue one or more of the following measures:

                                                    i.     Take action against you for damages for breach of contract

                                                   ii.     Reverse the sale of the Lot to you and/or any other Lots sold by us to you;

                                                  iii.     Resell the Lot by auction or private treaty (in which case you will have to pay any difference between the price you should have paid for the Lot and the price we sell it for as well as the charges outlined in Clause 8. Please note that if we sell the Lot for a higher amount than your winning bid, the extra money will belong to the Seller;

                                                  iv.     Remove, store and insure the Lot at your expense;

                                                   v.     If you do not pay within 5 days of your successful bid, we may charge interest at a rate not exceeding 1.5% per month on the Total Amount Due;

                                                  vi.     Keep that Lot or any other Lot sold to you until you pay the Total Amount Due

                                                vii.     Reject or ignore bids from you or your agent at future auctions or impost conditions before we accept bids from you; and / or

                                               viii.     If we sell any Lots for you, use the money made on these Lots to repay any amount you owe us.

  1. We will act reasonably when exercising our rights under clause 7.  We will contact you before exercising these rights and try to work with you to correct any non-compliance by you with these Terms and Conditions.
  2. Forgeries
    1. A sale shall be cancelled and the Buyer shall be entitled to a refund of both the Hammer Price and the Buyer’s Premium if a Lot bought by the Buyer through our Auction is shown to our satisfaction and within 14 days of the Auction to be a forgery.
    2. Data Protection
      1. We will hold and process any personal data in relation to you in accordance with our current privacy policy, a copy of which is available on our website.
      2. Liability
        1. Save as set out in these Terms and Conditions, we exclude to the fullest extent permitted by law all warranties and conditions, whether express or implied by statue, common law or otherwise.
        2. Nothing in these Terms shall operate to exclude or limit the liability of a party in respect of death or personal injury resulting from that party’s own negligence, for fraud or for any liability that cannot be excluded or limited under applicable law.
        3. No party to these Terms shall be liable to any other contract, tort (including negligence) or otherwise for any indirect or consequential losses, or for any loss of profits, loss of good will, loss of revenue, loss of business or loss of anticipated savings.
        4. Subject to Clauses 10.b and 10.c, our liability to you shall not exceed £5,000, unless your claim relates to an item sold through an Auction in which case our liability to you shall not exceed the greater of £15,000 or the Hammer Price for the relevant Lot.
        5. We will not be responsible or liable for errors and omissions to execute bids, caused by a loss of internet connection, a breakdown or interruption of the on-line bidding system, or a breakdown or failure of any internet connection, computer or IT system.
        6. General
          1. No party shall have any liability in respect of any delay in performance or non-performance of its obligations under these Terms (other than an obligation to pay) owing to Force Majeure.  If a party is affected by Force Majeure it shall notify the other parties as soon as reasonably possible, in any event within 5 days, and shall take reasonable steps to mitigate the effect of the Force Majeure.  Subject to Clause 4.b, risk in the Lot remains with you at all times until risk passes to the Buyer.  You will indemnify us and our employees and agents, and the Buyer (where applicable) against all losses, damages, claims, costs and expenses suffered or incurred as a result of any claim in respect of the Lot or proceeds of the sale of the Lot.
          2. Every person on our premises shall be deemed to be there at their own risk and, subject to clause 9.b, shall have no claim against us in respect of accident or loss, however caused.
          3. These Terms are governed by in interpreted in accordance with the laws of England and Wales or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in conjunction with these Terms you must do so in the courts of England and Wales, unless you live in Scotland, in which case you can choose to bring proceedings there, or in Northern Ireland, in which case you can choose to bring proceedings there.
          4. Any or all part of any term of these Terms that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms will continue to govern each of our respective obligations.
          5. Any notice from you to us must be sent in writing to us at our address detailed on our website.
          6. If you elect to collect the Lot from us you will bear all associated cost, expenses and duties.

 

V1.1

 

See Full Terms And Conditions