Desmond J. Smail Aston Martin Sale

1. For all purposes of a sale the Auctioneers (Hammer Down Automobilia Auctions Ltd) shall be deemed to be the agent of both the Seller and the Purchaser and they shall not be considered responsible for any default on the part of either the Seller or Purchaser. 2. Warranty of Title The vendor warrants to Hammer Down Automobilia and the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the goods free from any third party claims. The vendor warrants to Hammer Down Automobilia and its agents and the buyer against any loss or damage suffered by either in consequence of any breach of the above on the part of the vendor. 3. Bidding The highest bidder for each lot shall be the Purchaser of it. No one is entitled to retract a bid. The Auctioneers reserve the right of refusing any bid without giving any reason and of altering, adding to, dividing, consolidating or withdrawing any lot or lots for sale. 5. Online Bidding Hammer Down Automobilia offer an online bidding service via Live Auctioneers. In completing the bidder registration and providing your credit card details and unless alternative arrangements are agreed with Hammer Down Automobilia you authorise Hammer Down Automobilia if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via Live Auctioneers, and confirm that you are authorised to provide these credit card details to Hammer Down Automobilia through Live Auctioneers and agree that Hammer Down Automobilia are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale. 6. Risk All lots shall be the sole risk of the Purchaser from the fall of the hammer. The Purchaser shall take all lots in the condition in which he finds them. It is the responsibility of all intending Purchasers to satisfy themselves by inspection or otherwise as to the authenticity in the authorship, date, age, period, condition or quality of any lot. 7. Liability Neither the Seller of any lot nor the Auctioneers make or give nor has any person in the employment of the Auctioneers any authority to make or give any representation or warranty in relation to any lot and any implied conditions or warranties are excluded. All statements contained in the Catalogue as to the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot are statements of opinion only and are not to be taken as or implying statements or representations of fact. Lots are sold subject to all faults and errors in description or otherwise. 8. Indemnity The vendor shall duly indemnify Hammer Down Automobilia against any claim in connection with any goods sold by Hammer Down Automobilia on the vendor's behalf. 9. Payment The Purchaser shall pay the Hammer Price together with a premium of 24% of this Price. Payment is accepted by Visa, Mastercard and American Express. Payment is also accepted by most debit cards with no surcharge. 10. Delivery Auction lots are located either in Monterey CA, U.S or in Marlborough, U.K, and will be indicated as such in the each lot's description. Lots located in each location will be packaged securely and dispatched by insured courier. Shipping costs will be paid by the Purchaser. Items can also be collected in person by prior arrangement with Hammer Down auctions. Lots will only be released once payment in full has been received from the Purchaser. 11. Jurisdiction These Conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts