91 Livres & Manuscrits • 26 février 2025 GENERAL TERMS AND CONDITIONS OF SALE SAS AGUTTES (“AGUTTES”) is an operator of voluntary public auctions, registered with the “Conseil des maisons de vente” and governed by Articles L.321-4 et seq. of the French Commercial Code. In this capacity AGUTTES acts under a sales mandate as the seller’s authorised representative who contracts with the successful bidder. The present General Terms and Conditions of Sale (“GTCS”) govern the relationship between AGUTTES and bidders for public auctions and private sales organised by AGUTTES. AGUTTES may modify the GTCS in writing and/or orally prior to the sale. These modifications will be mentioned in the minutes of the sale. I- THE PROPERTY OFFERED FOR SALE Description of lots: The information provided in the auction catalogues engages the civil liability of AGUTTES and its experts, subject to the provisions mentioned below. Only indications in the French language are binding on AGUTTES to the exclusion of any translations, which are free. They may be subject to modifications or corrections until the moment of the auction in writing or orally. These modifications shall be recorded in the report of the auction, which will have probative force. No other guarantee is given by AGUTTES, it being recalled that only the seller is bound by the warranty for hidden defects and the legal warranty of conformity. A certificate of authenticity of the lot will only be available if mentioned in the description of the lot. The dimensions, weights and other information of the lots are given as an indication with a reasonable margin of error. Restorations carried out as a precautionary measure, without altering the age and style characteristics, and which do not modify the specific nature of the lot, will not be mentioned in the description. The absence of any indication of restoration, accident or incident in the catalogue or condition reports shall in no way imply that the lot is free from any past, present or repaired defect. Conversely, the mention of any defect does not imply the absence of other defects. Special mentions appearing in the auction catalogue have the following meanings: + Lots forming part of a judicial sale following a court order entail the following buyer’s fees: 14.40% including all taxes; ° Lots, in which AGUTTES or one of its partners has financial interests; * Lots under temporary importation: subject to a 5.5% fee for works of art, collectibles and antiques (20% for wines and spirits, jewellery and multiples), to be borne by the buyer in addition to the selling costs and the auction price, unless the buyer resides outside the EU; ¤ Goods sold under the general VAT regime (for the total); # Lots visible only by appointment; ~ Lots made from materials derived from animal species. Import restrictions may apply; = Deposit will be required for the lot. Condition of lots: The lots are sold in the condition in which they are found at the time of sale with their imperfections and defects. As the lots are second-hand goods, no guarantee can be given as to their condition. References to the condition of a lot in the catalogue or condition report may not be considered as an exhaustive description of the condition of said lot. Descriptions may not under any circumstances replace the personal examination of the lot as indicated below. Condition reports will be sent upon request but for indicative purposes only. Preview of the lots: Potential bidders are required to personally examine the lots and documents available prior to the auction at a private appointment or at the public preview in order to verify the condition of the lots. Buyers are advised to be accompanied by an expert in the sector concerned by the auction. Reproduction of lots: Not all defects and imperfections of the lots are visible in the photographs of the lots reproduced in the catalogues, online or in any other communication medium. Photographs may not provide an entirely faithful image of the actual condition of a lot and may differ from what would be perceived by a direct observer (size, colour, etc.). Estimates: Estimates are based on the state of technical knowledge on the day of the estimate, the quality of the lot, its provenance, its condition and the market conditions on the day of the estimate. They are provided for information purposes only and cannot be considered as a guarantee that the lot will be sold at the estimated price. II- THE AUCTION Registration for the auction Important: the normal and priority method for bidding is to be present in the auction room. As a service, other methods are possible that require prior registration: • By telephone: AGUTTES accepts, free of charge, to receive bids by telephone only for bidders who come forward before 6 p.m., on the last business day before the auction. The potential bidder must have received a prior confirmation email from AGUTTES to be called. • By purchase order: Any person previously registered and wishing to bid will have the option to request the registration of purchase orders with AGUTTES on their behalf. The order must have been communicated in writing before 6 p.m. on the last business day before the auction, and the bidder must have received a confirmation email from AGUTTES. No unlimited order will be accepted. If AGUTTES receives multiple purchase orders for identical bidding amounts, the oldest order will be preferred. • Online via Live platforms: An option for online bidding is available on platforms allowing remote participation in auctions electronically, upon prior registration. Purchasers using Live platforms are informed that the fees charged by these platforms will be at their exclusive expense. Participation in the auctions by telephone, internet or order is carried out at the bidder’s own risk and peril. AGUTTES cannot be held liable in the event of non-participation of the auction bidder for any reason whatsoever, particularly in the event of malfunction or default of any kind (lack of response from the bidder, error, interruption or omission in the reception of bids). Any malfunction or interruption of the telephone or live service will not prevent the auctioneer from continuing the auction, at his discretion. Procedure for identifying bidders: AGUTTES reserves the right to ask any potential bidder to prove their identity and for a legal entity, to provide a Kbis extract less than three months old and its bank details, it being specified that only the legal representative of the company or any duly authorised person may bid on its behalf. In the event of non-compliance with the identification procedures, AGUTTES reserves the right to refuse auction registration. All lots sold will be invoiced in the name and address of the purchaser. No subsequent modification may be made. The bidder is deemed to act in his own name and will be solely responsible for the bids made unless duly registered beforehand that he is acting as an official agent of a third party in accordance with the conditions indicated below. Any false information shall incur the liability of the successful bidder. Deposit: For certain sales or duly identified lots, AGUTTES reserves the right to request potential bidders to pay a deposit of a specified amount before the auction, as well as any other guarantees and/or bank references deemed necessary. In this case, clients must contact AGUTTES no later than three business days before the auction. Deposits are to be made in euros by bank transfer or credit card at: https://www.aguttes.com/depot-caution. If the bidder does not make any purchase during the auction, AGUTTES will reimburse the security deposit, without interest (subject to any right of set-off), within a maximum of 14 business days after the auction. AGUTTES shall not be liable for losses incurred due to fluctuations in exchange rates or bank charges relating to these transfers. Mandate by a third party: The bidder with a mandate must inform AGUTTES of its existence during the identification and registration procedure and produce a copy of the mandate and any other documents requested by AGUTTES. In such a case, the bidder and the principal shall be jointly and severally liable. Conduct of the auction: The auctioneer conducts the auction in a discretionary manner, ensuring the freedom and equality among all bidders, while respecting the established practices and customs of the profession. The auctioneer ensures the policing of the auction, which allows him to refuse bids or to withdraw a lot without having to justify it.
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