The Online Only Auction is scheduled to take place in the month of October 2020 and will follow a timed-auction format. Price Upon Request. 8.1. Applicable expenses;13.3.3. 12.2. Bidders who exercises 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.28.4. **Please note that if this Option is chosen, the Bidder will be required to provide the RM Car Specialist with their bidding instructions either via email or text message. Purchase Price and applicable taxes;13.3.2. RM reserves the right to reject any bid. Transportation: The Consignor will be responsible for paying any and all expenses associated with transporting the Lot(s) to either RMS’ United Kingdom, Belgium, Germany or Netherlands storage facility. If the Consignor wishes to sell the Lot(s) but retain the rights to the registration number of the Lot(s), it is the Consignor’s responsibility to notify RMS in writing.36.2. Sold High Bid: {{item.CurrentBid}} You're high bidder 6.14. 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.24. Government/court actions, orders, injunctions, regulations, laws, or non-compliance with applicable rules, regulations, or laws to hold the auction that necessitate a cancellation.16. Bidding throughout the sale was a result of 35% new bidders representing no less than 38 countries. To place a bid the Bidder must follow the instructions and processes on the auction platform.6.6. Dec 9, 2020. If you wish to ask any questions regarding the use of your personal information, to request a full accounting of what personal information is on file with RM, or to unsubscribe to any services or purge your personal information from RM’s systems, please email privacy@rmsothebys.com.24. Please ensure that you read and understand these Bidders’ Conditions of Business (“Conditions of Business”) prior to bidding on a motor car or any other lot (“Lot(s)”) at this or any other RM Auctions, Inc. (“RMA”) or RM Sotheby’s (“RMS”) auction (RMA and RMS together are “RM”). If the RM Removal Deadline is not met, the Buyer will be charged a daily storage fee of either (i) €25.00 plus VAT per Lot(s) in Europe or (ii) £20.00 plus VAT per Lot(s) in the United Kingdom until the Lot(s) is removed.19.3. RMS Receiving Lot(s) in Trust: Any consigned Lot(s) is delivered to RMS in trust under the exact terms set forth in these Conditions. As the Consignor’s Lot(s) could be shipped to a location where below-freezing temperatures are a possibility, it is the Consignor’s responsibility to ensure that, within the last 6 months, they have winterized their Lot(s) for shipping in freezing temperatures. Where applicable, RM may take a deposit from the Buyer equal to the amount of VAT due, which will be refunded upon receiving satisfactory evidence that the motor car has been transported to and registered in another EU country. Bid update and other notification functionality may not occur in real time. The Conditions of Business displayed on RMS’ website; and1.4.4. RM is not responsible for any errors or omissions in connection with the calling/displaying/accepting of bids.6.13. Although RM endeavors to provide a safe, secure, and functioning auction, RM cannot guarantee the continuous operation of or access to the auction or a Bidder’s ability to connect and navigate the auction. 8.3.1.1. To the fullest extent permitted by applicable law, Consignor/RM disclaims any and all representations and warranties with regard to the Inspection Report and the Buyer will hold Consignor/RM harmless from any claims, demands, losses, expenses, damages, costs, actions, and liabilities, including without limitation to court costs and attorney fees, of whatever kind or nature that may or may not occur, whether known or unknown, on the account of or arising out of all matters related to the Inspection Report.3. 17. Personally tailored emails from RM Sotheby's are just a few clicks away. 13.2. Further, the Consignor acknowledges that RMS will collect a standard Buyers’ Premium from the Buyer of the Lot(s) in question, based on the Hammer Price on the Lot(s). Following the $85 million achieved for a monumental Francis Bacon triptych that led Sotheby’s marquee contemporary auction on June 29, the house has unveiled another masterwork by the British artist coming up for sale in London … The Consignor acknowledges that RMS will not be liable for any errors or omissions in descriptions of a Lot(s), and these descriptions make no guarantees, representations, or warranties whatsoever to the Consignor with respect to a Lot(s), its attribution, legal title, condition, value, or other characteristics.19. 18.1.2. CONSIGNORS’ CONDITIONS OF BUSINESS1. Online Only Auction is “As Available” and “As Is.”: 23.1. At the Close of Lot, you are now the legal owner of the applicable Lot(s) and are responsible for payment in full. If the sale is cancelled/rescinded due to non-payment, RM will not be liable to the Bidder for any losses or damages resulting from the cancellation/rescission. The auctioneer has absolute and sole discretion in the case of error or dispute with respect to bidding and, whether during or after the sale, to determine the successful Bidder, to re-open the bidding, to cancel the sale, or to re-offer and re-sell the Lot(s) in dispute. The global leader in the collector car industry. 5.3.1. Courtesy Sotheby’s. The purchase price shall consist of the following:7.1. the Hammer Price (defined below) of the Lot(s), and7.2. Consignors agree that they are making use of the Online Only Auction at their own risk and that the Online Only Auction is being provided to the Consignors on an “AS AVAILABLE” and “AS IS” basis. {{item.PreSaleEstimate}} Dez 2020. Material issues regarding the provenance, merchantability, or authenticity of the Lot(s) that cannot be reasonably cured; 16.7. No Legal or Tax Advice. Dec 10, 2020. Although RMS endeavors to provide a safe, secure, and functioning Online Only Auction, RMS cannot guarantee the continuous operation of or access to the Online Only Auction or a Bidder’s ability to connect and navigate the Online Only Auction.23.3. European and British Art - Online Auction. 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. 12. Any Inspection Report does not relieve the Buyer of the Lot(s) from his/her/its obligations outlined in clause 4 of these Conditions of Business. As auctioneer, RM acts as the agent for the relevant consignor of the Lot(s) (“Consignor”), and a sale contract is made directly between the Consignor and the winning Bidder (the “Buyer”).1.3.1. Please send all concerns to legal@rmsothebys.com. Dec 9, 2020. The Bidder is responsible for all risk of loss or damage and insurance immediately upon purchase of the Lot(s).6.12. Introduction.1.1. Lot(s) Description:11.1. Withdrawn Lot(s):22.1. 9.2. Sotheby’s Restaurant is a vibrant and contemporary restaurant set in the heart of Sotheby's Bond Street auction house. askART: Art auction results + records, artwork prices, appraisers, signatures and artist biographies. Exclusivity: 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 Online Only Auction.7.1. 6. 5.2. 28.3. The reserve does not include commissions to RM. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. RM Online Only auctions will have the following Buyers’ Premium:8.4.1. Removal of Purchased Lot(s). If the Buyer of a Lot(s) resides outside the United States, RM will use its best efforts to assist with the transfer of ownership; however, it is the responsibility of the Buyer to transfer ownership in compliance with their jurisdictional rules and regulations. 5. These Conditions;1.4.2. Payment is due in full on or before 5:00 p.m. EST of the next business day (“Payment Deadline”), and payment is to be made to RM. The Consignor is required to review and approve any and all descriptions within 3 business days of receiving the description from RM.11.3. 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 Online Only Auction estimate for the Lot(s), 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 RM. All purchased Lot(s) must be removed by the Buyer from the location in which they resided during the auction by noon on 10 November 2020 (“RM Removal Deadline”).19.2. 6. If the Bidder’s cash deposit and/or credit card payment does not cover the Purchase Price plus applicable taxes, in addition to other remedies available by law, RM reserves the right to impose, from the Payment Deadline until the full Purchase Price plus applicable taxes has been made by the Buyer, a late charge of (1) the European Prime Rate + 4.00% for up to the first 60 calendar days after the Payment Deadline and (2) the European Prime Rate + 8.00% thereafter until the full Purchase Price plus applicable taxes has been made by the Buyer on the: 13.3.1. Any terrorist event, pandemic, war, as well as any “guideline” or “recommendation” by government (local, state/province, federal/national) and/or accredited health organizations (including the World Health Organization) which despite reasonable efforts restricts RM from holding the auction.15.2. _____________Bidders’ InitialsIf any dispute arises after the sale wherein an RM Car Specialist bid on behalf of a Bidder during the Online Only Auction, the Bidder acknowledges that RM will not be held responsible for any errors or omissions in connection with the calling/displaying/accepting of bids.________________________________ Date____________________________________Signature of Bidder. Auction Results. The Consignor authorizes RMS, at RMS’ sole discretion, to impose on any Buyer, and retain for RMS’ account, a late charge if payment is not made in accordance with the Contractual Obligations.11. If, however, in violation of the foregoing, the Consignor (or his or her agent) bids on his/her/their Lot(s) and becomes the successful Bidder, the expenses, Inspection Report Fee, repair expenses, and Buyers’ Premium on the Hammer Price shall be payable by the Consignor. Legal Action. As part of the Online Only Auction sale process for each Lot(s) consigned, an RMS representative will perform an inspection and produce an Inspection Report to be made available to prospective bidders along with the relevant description of the Lot(s) as the case may be (“Inspection Report”). Except as otherwise expressly provided herein, these Conditions of Business shall not be modified, except in writing. 12.4. Payment. {{item.OfferedWithoutReserve}} 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. As auctioneer, RMS acts as agent for the Consignor, and a sales contract is made directly between the Consignor and the Buyer.1.5.1. Judgment on the award may be entered in any court having jurisdiction. If the Consignor does not pay in accordance with this clause, his/her/their Lot(s) may be sold without reserve.27. Personally tailored emails from RM Sotheby's are just a few clicks away. Terms of Service apply. If the Bidder does not satisfy and/or meet the Bidder Registration Requirements, RM, at its sole discretion, may not allow the Bidder to register to bid at the auction.6.5. Cancellation/Rescission of Auction. 5.4. Auctions. {{item.StillForSaleAskingPrice}} The Consignor will be given an option to either (i) fix the issue at the quoted price with RMS recapping this quoted price from the Consignor’s proceeds of sale, provided there is reasonably sufficient time to fix such issue, OR (ii) leave the Lot(s) as is and market the Lot(s) with the issues disclosed. Eileen Kinsella, October 21, 2020 Helena Newman at Sotheby's on … 2.3. The Buyer is responsible to pay all applicable, and any and all other taxes due for which the Buyer does not qualify as exempt, subject to RM verification; proof of exemption is the Buyer’s responsibility. As used in these Conditions, a “sale” occurs between the Consignor and the Buyer when the hammer or equivalent device or mechanism drops on the Hammer Price or when the time expires on a time-based online auction or when the auctioneer awards the Lot(s) to the highest Bidder, provided the Consignor is able to receive at least the net reserve price, defined as reserve price minus Sellers’ Commission as agreed in the Consignment Agreement package.6.3. If you wish to ask any questions regarding the use of your personal information, request a full accounting of what personal information is on file with RMS, unsubscribe to any services, or purge your personal information from RMS’ systems, please email privacy@rmsothebys.com.33. If at the end of the auction, you are awarded the final bid on a Lot, ownership automatically changes hands at the close of the Lot ("Close of Lot”). As an accommodation to the Consignor, RMS agrees to act as an intermediary between the Consignor and the Buyer by accepting the purchase price from the Buyer, transferring the Lot(s) to the Buyer, and delivering the amounts due to the Consignor under these Conditions. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Sotheby’s London Auction of African Art Moves Online, as U.K. Issues Covid-19 Lockdown. In the event of a final Hammer Price above US$250,000.00 on all motor car lots, RMS will receive a Buyers’ Premium of 12% on the first US$250,000.00 and will receive a Buyers’ Premium of 10% on the Hammer Price above US$250,000.00.8.2.3. RM will on behalf of the relevant Consignor review concerns raised by the Buyer for 20 business days from the date of the auction regarding the Lot(s) description; meaning, any written statements (in any and all mediums) made by RM that accurately repeat the information supplied by the Consignor as to the originality, character, features, condition, correctness, authenticity, or history of the Lot(s); after which time, all sales are considered “As Is” and “Where Is” as outlined in clause 4 below.