An incredibly detailed restoration by the very best to create this superb example.
- The Heritage Certificate confirms that this left-hand drive, XK150S was finished in Carmen Red on 8/07/1958 and fitted with a manual gearbox with overdrive
- It was duly despatched to Jaguar Cars, New York and spent most of its life in the US before returning to the UK in 2015
- It’s 1 of only 844 LHD ‘S’ Roadsters and dates from the first 3 months of production
- Consequently, it retains all of the rare early features such as the centre-mounted heater and nearside-bulkhead-located chassis plate
- When our vendor began the restoration of 873 UYN his intention was to return it to exactly (100%) as it left Browns Lane
- It would be unfair to try and precis the details of this amazing restoration so please check our website
- The results are simply spectacular. Is there a better left-hand drive 150S in the World? We have our doubts
Progressive development of the sensational XK120 and XK140, the XK150 retained the same basic chassis, 3.4-litre engine and four-speed Moss transmission of its predecessors but, partly due to the growing U.S. demand for more comfortable and refined sports cars, benefited from an entirely new body providing increased interior space and improved visibility courtesy of a single-piece wrap-around windscreen. A higher front wing line and broader radiator grille were other obvious differences but the new model's main talking point was its Dunlop disc brakes; at last the XK had stopping power to match its prodigious straight-line speed. Introduced in the spring of 1957, the XK150 was available at first only in Fixed and Drophead Coupé forms, the open roadster version not appearing until the following year. At 190bhp, the engine's maximum power output was identical to that of the XK140, so performance was little changed, but ‘Special Equipment' and 'S' versions offered 210 and 250bhp respectively, the latter delivering an astonishing 0-60mph time of 7.3 seconds and a top speed of 136mph. This improvement in performance resulted from the adoption of a Weslake-developed, straight-port cylinder head, high-compression pistons, triple 2” SU carburettors and twin electric fuel pumps. Overdrive and a Borg-Warner automatic gearbox were the transmission options, the latter becoming an increasingly popular choice, whilst a Thornton ‘Power-Lok’ limited-slip differential was available for the 150S. Steel wheels remained the standard fitting although XK150s so equipped are a great rarity as most were sold in SE (Special Equipment) form with centre-lock wire wheels. The much-admired chromed Jaguar Mascot was made available as an optional extra on an XK for the first time.
This, simply remarkable, Jaguar XK150S began life on the 8th of July 1958 finished in Carmen Red with red leather and a black soft top. The Heritage Certificate confirms it was a left-hand drive, manual/overdrive gearbox car that had been built for the US market and was duly dispatched there on August the 28th that year arriving at Jaguar Cars, New York a couple of weeks later prior to being delivered to its first proud owner. Cars from the United States tend to have very little history and that’s certainly the case here but we do have a letter from its last American owner and a record of its earlier long-term ownership in Oklahoma from the State Licensing Authority.
The Jaguar returned to the UK in 2015 to begin the next chapter of its long life and was purchased by our vendor as a restoration project. He had a clear idea of what he was trying to achieve and the car fitted the criteria as it was a very solid ‘S’ Roadster that had spent its life in a dry US state allowing it to retain the vast majority of its original and rust-free sheet metal and chassis. It’s one of only 844 LHD ‘S’ Roadsters built, and dates from the first three months of production, bearing the early ‘S’ chassis-prefix, whilst being only a dozen or so of cars away from the change (confusingly) to a ‘T’ chassis-prefix. Consequently, it retains all of the rare early features such as the centre-mounted heater and nearside-bulkhead-located chassis plate.
Whilst upgrades to classic Jaguars are common these days and generally advantageous (early E-Type brakes), our vendor intended to return 873 UYN to exactly as it rolled out of Browns Lane in July 1958, not approximately but non-negotiably, ‘exactly’ as it left the factory. This attention to detail could be regarded as obsessive but it’s probably more polite to regard it as ‘fastidious’.
In his own words;
“The Jaguar underwent a total nut and bolt restoration with every single detail scrutinised to be absolutely correct and original, spending hours on refurbing, honing, and tuning many of its original parts, whilst also sourcing better original parts due both to authenticity and the quality of fit comparative to many reproduction items.
Examples of the lengths undertaken include sourcing the correct pumpkin orange cylinder head paint, spending 120 hours alone to obtain a chassis finish as perfect as the body finish, with every interior material replicating the correct original shade, texture and contour, whilst every nut, bolt, and washer has been orientated to match and line up. Fitting up the vehicle employed a selection process of ranking and rejecting each individual component and sub-component until an optimum fitting and functioning condition was eventually reached.
This has ensured that the ‘S’ has been painstakingly hand-crafted to Concours standard throughout with over 2,800 hours invested across British Midlands XK marque specialists including Suffolk & Turley (trim), DT Classics (panel work), MRC (body and chassis paintwork), and Paul Burden of Corley Ash Garage (fitting out and shakedown). The original complete engine was fully stripped, with every component overhauled or replaced, then perfectly painted and plated, re-assembled, and tested by David Williams, formerly of Rob Beere Racing and Jaguar Classic Works. David also rebuilt the close-ratio transmission, and the overdrive unit was fully reconditioned by Overdrive Spares. The ‘Power-Lok’ limited-slip differential was checked and overhauled with new bearings. Significantly, Martin Collins of MRC also painted the earlier Concours-winning XK150 Drophead that sold for a record of over £420,000 in 2015.
Martin appointed Paul Burden of Status Cars to finally re-assemble the XK at their premises at Corley Ash Garage. Paul has been rebuilding and restoring classic Jaguars for over 50 years and had a number of significant, Concours-winning cars to his name. The final process took two and a half years, extensively photo recorded, and the spectacular result is plain to see. Unlike many Concours examples, however, this ‘S’ drives and performs equally as well as it looks due to the fastidious level of build carried out over five years.”
As mentioned before, our vendor insisted on every aspect of the specification being precisely as the Roadster left Browns Lane without any upgrades or enhancements that weren’t fitted from new. He often delayed the build to double-check detail and had parts of the build forensically repeated
The Classic At Silverstone 2021 - Classic Cars, Motorcycles and automobilia
Full payment must be received before any item is available to be released. We need to be clear of the venue by 3pm on Monday 2nd August. All vehicles must be collected between 9am and 3pm on Monday 2nd August. Alternatively we can arrange transport for you with our shipping partners.
Our flagship sale will take place at The Wing, Silverstone Circuit (NN12 8TN) on Friday 30th July, Saturday 31st July and Sunday 1st August, bringing a superb selection of classic and collector cars, motorcycles and automobilia to the market. Viewing is available at The Wing, SIlverstone Circuit from 9am on Friday 30th July and bidding will be available in person, by phone, online or via commission. The auction is part of The Classic at Silverstone event and tickets will need to be purchased if you intend to come along to the sale.
Friday 30th July - 2pm Motorcycles lots 201-262
Saturday 1st August - 11am Automobilia lots 301-369, 2pm Classic Cars lots 401-465
Sunday 2nd August - 11am Automobilia lots 501-567, 2pm Classic Cars lots 601-663
Buyers premium is payable on the hammer price as follows: Automobilia 20% plus VAT, Number plates 10% plus VAT, Motor vehicles 12.5% plus VAT
Internet surcharge 1% plus VAT on the hammer price
To complete your online bidder registration and comply with money laundering regulations you will need to provide one form of ID (such as a driving licence or passport) to our secure portal via the following link, bank details are not required for bidder registration. Information provided is fully encrypted and used only for ID verification purposes complying will all current GDPR legislation.
Once this is received a member of our team will approve you to bid in the auction.
All vehicles must be collected on Monday 2nd August between 9am and 3pm. Any vehicles not collected will be taken to our stoarge partners secure facility at the buyers expense (£150 plus VAT for motor cars and £110 plus VAT for motorcycles).
Terms & Conditions
Silverstone Auctions Live Online Auction Terms & Conditions February 2021
The following Terms (“Terms”) together with such other terms, conditions and notices as may be set out in any relevant catalogue apply to all sales by Silverstone Auctions Limited (“SA”) at auction or within 14 days after the auction.
No alteration to the Terms will be binding unless accepted by SA in writing. The Terms may be amended by SA provided it is reasonable for it do so by the posting of notices prior to or during the sale. Nothing in the Terms shall affect the statutory rights of a consumer.
Additional information applicable to the Auction may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed via the online portal. Buyers should be alert to the possibility of changes.
SA acts solely for and in the interests of the Seller. SA’s duty is to sell the Lot at the highest price obtainable at the Auction to a Buyer. SA does not act for Buyers in this role and does not give advice to Buyers. When SA or its employees make statements about a Lot it is doing so as agent for the Seller of the Lot. Buyers who are themselves not expert in the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them. This may include inspecting the Lot where available.
1. In these Terms:
1.1 “Auction” means the auction sale in respect of which a Lot is consigned for sale.
1.2 “Auctioneer” means the representative of SA conducting the Auction or their agent nominated to do so.
1.3 “Automobilia” means any memorabilia including but not limited to trophies, badges, programmes, models, prints and other collectables.
1.4 “Buyer” means the only person whose bid is accepted by SA to conclude the contract for the purchase of a Lot.
1.5 “Buyer’s Premium” means the amount payable by the Buyer to SA, calculated by reference to the hammer price and payable in addition to it.
1.6 “Catalogue” the catalogue relating to the relevant Auction includes any webpage advertisement, brochure, estimate, price list or other publication relating to one or more Lots.
1.7 “Contract” means the agreement between the Buyer and the Seller on the successful bid of the Buyer on which the Lot is sold to them.
1.8 “Cataloguing Fee” means the sum of £250 (plus VAT at 20%) per motorcar, £50 (plus VAT at 20%) per motorcycle and £25 (plus VAT at 20%) per Automobilia item and Number Plate, payable by the Seller for each Lot entered into the Auction.
1.9 “Expenses” in relation to the sale of any Lot means SA’s charges and expenses payable by the Seller in addition to the Seller’s Commission including insurance, storage, illustrations, auction Entry Fee, cleaning costs, photography costs, catalogue costs, special advertising, packing and freight of that Lot and any VAT thereon.
1.10 “Hammer Price” means the price in pounds sterling at which a Lot is sold by the Auctioneer to the Buyer.
1.11 “Lot” means any item(s) consigned to SA with the view to its or their sale at Auction.
1.12 “Motor Vehicle” means any car or motorbike included or proposed to be included in a sale of motor vehicles together with spares, tools, documentation etc. stated as being part of the Lot.
1.13 “Purchase Price” means the Hammer Price together with the Buyer’s Premium and any additional charges due plus VAT.
1.14 “Reserve” means the minimum Hammer Price agreed between SA and the Seller at which a Lot may be sold.
1.15 “Sale Proceeds” means the net amount due to the Seller being the Hammer Price less the Seller’s Commission and VAT, Expenses and any other amount due to SA from the Seller.
1.16 “Seller” means the person who offers the Lot for sale, whether as agent or principal.
1.17 “Seller’s Commission” shall have the meaning given in clause 10.
1.18 “VAT” means Value Added Tax applicable at the prevailing rate at the date of the transaction (currently 20%).
1.19 “Working Day” means any day (other than a Saturday and Sunday) at which clearing banks in the city of London are open for the transaction of normal sterling banking business.
SA sells as agent for the Seller (except where SA is selling as principal, which SA will disclose in the Catalogue or otherwise in the Auction). The Contract for the sale of a Lot is between the Seller and the Buyer. SA shall not be liable for any act or default by the Seller (except where selling as principal) or the Buyer.
3.1 SA has the right as its sole discretion to refuse any bid, to divide any Lot, to combine two or more Lots, to withdraw any Lot and, in the case of dispute, to put any Lot up for Auction again.
3.2 If SA is notified about the Seller’s alleged breach of any of the Terms before it has remitted the Sale Proceeds to the Seller, it may at its sole discretion withhold payment until that dispute is resolved. SA may, however, deduct any sums that are due to it from the sum held.
3.3 Automobilia lots will be subject to an auctioneers 10% discretion on the reserve unless SA are notified in writing by the seller otherwise.
4. LOSS OR INJURY
SA shall be under no liability for any injury, damage or loss sustained by any person while on SA’s premises (including any premises where a sale may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by SA, its employees or agents in the ordinary course of their duties to SA.
5.1 The Catalogue contains details about each Lot. The description contained in the Catalogue, which may be online, is given on behalf of the Seller, from information supplied by the Seller for which SA is not responsible. Mileage is correct at time of cataloguing.
5.2 Photographs, Illustrations and diagrams contained in the Catalogue are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Lot.
5.3 It is for any potential bidder to satisfy themselves as to each and every aspect of a Lot, including its originality, authorship, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price), via the information provided online or in any Catalogue. No description of a lot carries with it an implication that it is fit for any particular purpose.
5.4 Each Lot is sold by its respective Seller to the Buyer. Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections.
5.5 The actual condition of a Lot may not be as good as its outward appearance suggests. In particular parts may have been replaced or renewed and those parts may not be original or of “Satisfactory Quality’. The inside of a Lot may not be visible where, for example, it is covered by upholstery or material, and may not be original or may be damaged, have been damaged or poorly repaired. Given the age of some Lots, no assumption should be made with regard to any aspect of its condition.
5.6 Any person who physically interferes with, scratches or damages the Lot in any way (before or after the Auction) will be held liable for the loss so caused.
5.7 The Seller is responsible for delivering the Lot in a presentable condition. If additional cleaning is required, it will be charged for by SA to the Seller as an Expense.
5.8 If a Lot is not sold at Auction, SA will for the next 14 days be entitled exclusively to negotiate a sale of the Lot on terms agreed with the Seller and as Seller’s agent, and if successful will be entitled to charge the Seller’s Commission and Expenses.
5.9 The Seller gives SA the full and absolute right to photograph, video and illustrate any Lot consigned for sale, and to use such photographs, videos and illustrations as are provided by the Seller at any time at its absolute discretion (whether or not in connection with the Auction), with indemnity against copyright infringement.
5.10 The copyright in all written matter and illustrations relating to Lots shall remain at all times the absolute property of SA, and any person wishing to use such materials, or any part of them, may only do so with the prior written consent of SA.
5.11 Lots market with an Asterix (*) are either owned or partly owned by SA or an employee of SA.
6. ALTERATIONS AND ESTIMATES
6.1 Estimates and descriptions may be amended at SA’s discretion from time to time by notice given orally or in writing before or during an Auction.
6.2 The Lot will be available to view either via the information provided online, or if the government advice on the current Covid-19 lockdown allows, via an appointment only service at a central location. Any potential bidders must form their own opinion in relation to the Lot.
6.3 SA gives no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given, whether written or oral and whether or not contained in any Catalogue, as to the estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at SA’s sole discretion and should not be relied upon as an indication of the actual selling price.
6.4 SA shall not be liable to the Seller for any error or misstatement in or omission from the description of any lot in any Catalogue where SA has:
6.4.1 been provided with such description by the Seller or any person on his behalf; or
6.4.2 provided the Seller with a copy of such description prior to publication of the Catalogue and neither the Seller nor any person on his behalf has notified SA in writing within a reasonable time before the Auction of any error or misstatement in or omission from the description.
6.5 SA has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
7. WARRANTY BY THE SELLER
7.1 The Seller warrants to the Buyer and to SA that:
7.1.1 The Seller is the owner of the Lot or is properly authorised to sell the Lot by the owner, and is able to sell the Lot with full title guarantee free from all encumbrances and third party claims and in particular that there is no outstanding finance affecting the Lot or any taxes due. If the Lot is subject to finance the amount outstanding must be confirmed prior to consignment and sale.
7.1.2 The description of the Lot in the Catalogue is to the best of the Seller’s knowledge accurate and not misleading. The Seller has notified (or will before the Auction notify) SA in writing of any material alterations to the Lot of which the Seller is aware and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Lot and has provided SA with all such information in the Seller’s possession or control. SA shall be under no obligation to investigate any concerns expressed by third parties.
7.1.3 The Seller shall compensate SA and the Buyer in full for all losses, expenses and other costs which are caused by the Seller’s breach of any obligation of the Seller under the Terms.
7.1.4 The Seller has complied with all the requirements, legal or otherwise, relating to any import or export of the Lot and all taxes and duties in respect of the Lot have been settled, unless stated to the contrary in the catalogue description.
8. VEHICLE REGISTRATION NUMBERS
8.1 If the Seller wishes to sell the Motor Vehicle but to retain the right to the registration number of the Motor Vehicle it is the Seller’s Responsibility to notify SA in writing.
8.2 It shall be the Seller’s responsibility to complete the retention documentation prior to sale and offer the Motor Vehicle with a new V5c and allocated registration from the DVLA prior to the Motor Vehicle being sold at the Auction whether or not SA volunteers its services to effect that, and no liability shall attach to SA in respect to any act or omission as a result.
9. BIDDING AND RESERVES
9.1 In order to bid in the auction potential buyers must register for either a telephone or commission bid by completing the relevant forms and ID requirements or register via an online bidding portal. The name and address in which you register will be the name and address on your invoice, if successful, and cannot be amended once issued.
9.2 SA will not accept bids from any person who has not registered via the online bidding portal or completed the telephone and commission forms. Buyers are directed to the requirements in place regarding registration before the registration process can be completed.
9.2.1 SA reserves the right to decline to register bidders and decline to accept their bids if they have been so registered.
9.2.2 Buyers should ensure they have the necessary funds available to pay before bidding.
9.3 The Auction will be conducted in line with the online bidding portal and telephone and commission bidding rules in place at the time.
9.4 A Contract of sale is made between the Seller and the Buyer on the acceptance of a bid by the fall of the Auctioneer’s hammer. SA is not a party to the Contract. The Buyer will be liable to pay the Purchase Price which is the Hammer Price plus the Buyers Premium and any applicable VAT. At the same time the Seller will be liable to pay to SA the Seller’s Commission plus any applicable VAT on the Lot at the rate as set out in clause 10 below.
9.5 The Seller may place a Reserve on any Lot when he consigns it to the Auction, and once placed it may not be changed without the written consent of SA. All Lots will be sold without Reserve unless a Reserve has been agreed by SA in writing.
9.6 Where a Reserve has been agreed, only SA at its absolute discretion may bid on behalf of the Seller.
9.7 If no Reserve has been placed on a Lot, SA shall in no way be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue.
9.8 SA may sell a Lot below the Reserve agreed with the Seller, provided that SA accounts to the Seller for the same Sale Proceeds as the Seller would have received had the Lot been sold at that Reserve.
10. COMMISSION AND EXPENSES
10.1 SA shall be entitled to deduct from the Hammer Price and retain an amount equal to 5% of the Hammer Price for Motor Cars, 10% for Motor Cycles, 15% for Automobilia and Lifestyle goods and 10% for Number Plates, or such other sum agreed by SA in writing ("Seller's Commission") plus VAT together with Expenses and any other sums due from the Seller to SA.
10.2 The Seller acknowledges SA's right to retain the Buyer's Premium payable by the Buyer.
11.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer as soon as the Lot is sold to the Buyer. The Lot is sold when the highest bid is accepted either via the online bidding platform or telephone and commission bidding . It is therefore the responsibility of the Seller to insure the Lot before the Lot is sold and the responsibility of the Buyer to insure the Lot after the Lot is sold.
11.2 SA will not be responsible for any damage to or the loss or destruction of a Lot unless caused by the negligence of or other breach of duty by SA, its employees or agents in the ordinary course of their duties to SA and the Seller shall compensate SA in full in respect of all other claims and proceedings brought against SA in respect of any loss or damage to or destruction of the Lot.
11.3 SA will not be liable for any injury, loss or damage caused by any Lot or by the Seller’s negligence, or that of the Seller’s employees or agents in the ordinary course of their duties to SA. The Seller shall compensate SA in full in respect of all claims and proceedings brought against SA in respect of injury, loss or damage caused by any Lot or by the Seller’s negligence or breach of any obligation under the Terms.
12. PAYMENT OF SALE PROCEEDS
12.1 Subject to SA’s right of retention under Clause 3.2 and other provisions of this Clause 12, SA shall pay the Sale Proceeds to the Seller not later than 14 Working Days after the Auction provided that the Purchase Price has been received in full by SA and the Lot has been delivered to SA or the Buyer. Unless an alternative method of payment has been agreed by SA in writing, payment shall be made by telegraphic transfer. In the event of an unsettled hire purchase, finance agreement or any other charge or lien affecting the Lot SA reserves the right to settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance forthwith.
12.2 If the Purchase Price has not been received in full by SA within the time specified in clause 12.1 SA will pay the Sale Proceeds to the Seller within seven Working Days from when the Purchase Price is received in cleared funds from the Buyer.
12.3 In respect of road registered Motor Vehicles, SA reserves the right not to remit the Sale Proceeds to the Seller unless the Seller has deposited with SA the registration document of the Motor Vehicle, and any other documents relating to the Motor Vehicle in the Seller’s possession or control which he agreed with SA to supply.
12.4 If the Buyer fails to pay the Purchase Price within 28 days of the Auction, SA will notify the Seller who may instruct SA as to the appropriate course of action. SA may endeavour to assist the Seller but SA shall be under no obligation to do so, and shall not be under any obligation to institute proceedings in its own name.
12.5 In the absence of any written instructions from the Seller to SA within 7 days of SA having notified the Seller under clause 12.4 SA shall be entitled to take any of the actions set out in clause 19.:
12.6 Any monies recovered by and paid to SA in consequences of SA taking one or more of the steps referred to in clause 19 shall be applied to the payment of:
12.6.1 legal or other costs incurred by SA in connection with such steps;.
12.7.1 the Buyer’s Premium and the Seller’s Commission on the sale of the Lot;
12.7.2 any balance remaining shall be paid to SA to the Seller (or, if appropriate, the Buyer). If there shall be a shortfall any such shortfall shall be made good by the Seller to SA on demand.
12.7.3 If within 7 days after receipt of the notice referred to in clause 12.5 the Seller informs SA that he wishes re-delivery of the Lot, he shall be entitled to do so but only upon prior payment of all Expenses and all legal and other costs reasonably incurred by SA so as to keep SA fully compensated.
13.1. The Seller may by notice in writing to SA withdraw the Lot from the Auction. In the event of such withdrawal, the Seller shall within 14 days of withdrawal pay SA the sums set out in this Condition 13. All such sums shall be payable to SA as remuneration for the services performed by SA down to the date of withdrawal, and not by way of penalty or liquidated damages.
13.2 In all cases of withdrawal, the Seller shall be liable to pay SA 15% of the mid estimate value of the Lot, notwithstanding that commission of a lesser, or no, amount had previously been agreed, to reflect the time, effort, loss of publicity and buyer's premium suffered by SA. In the event of a Lot having no reserve and therefore no estimate the Seller shall be liable to pay SA 10% of the auctioneer’s reasonable estimate. The fee shall be subject in each case to VAT and Expenses.
13.3.In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at his own expense within two working days after the date of withdrawal provided that the Seller may not collect the Lot unless and until any withdrawal fee payable under Conditions 13.1 and 13.2 shall have been paid in full.
14. REMOVAL AND STORAGE
14 At least 7 working days prior to the Auction the Seller shall deliver the Lot to a central location at their own expense. Any motor vehicles not collected by 5pm on Monday 7th June will be taken to our transport partners storage facility in Northampton at a cost of £150 plus VAT. Storage will be charged at £10 plus VAT per day from Tuesday 8th June onwards.
15. THE BUYER
15.1 The Buyer shall be the highest bidder at the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at his/her absolute discretion. Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by SA that a bidder acts as agent on behalf of the named principal, and that its principal has agreed to and/or is bound by these Conditions; in which case he shall be jointly liable with the principal under these Conditions.
16. BUYER’S PREMIUM
16.1 The Buyer shall pay the Buyer’s Premium to SA at the following rates: Motor Vehicles 12.5% plus VAT, Automobilia and Lifestyle items 20% plus VAT and Number Plates 10% plus VAT. The Buyer acknowledges that SA may also receive the Seller’s Commission due to SA under Clause 10.
16.2 VAT may also be payable on the hammer price of a Lot. Any lots will be clearly marked as such in the catalogue description as follows:
† VAT on hammer price and buyers premium at the prevailing rate
Ω VAT on imported items on the hammer price and buyers premium at the prevailing rate*
● VAT on imported items at a rate of 5% on the hammer price and the prevailing rate on the buyers premium*
○ VAT on imported items on the hammer price and buyers premium at the prevailing rate, plus 10% duty on the hammer price*
Note - * This import VAT is not payable by buyers exporting to the EU. However, import VAT will be due in the country you are exporting to.
All other Lots will be sold using the Auctioneers Margin Scheme (VAT Notice 718/2). VAT will not be charged on the hammer price. The VAT on the buyers premium will not be split out on the invoice and cannot be reclaimed by UK VAT registered businesses or individuals. Purchases being exported to the EU within 3 months of the auction date will be zero rated purchases . It is the Buyers responsibility to provide evidence of export within the time specified. Failure to do so will result in the VAT becoming payable to SA immediately.
16.3 Further duties and VAT may be applicable on exporting Lots from the UK. It is the responsibility of the Buyer to settle these charges.
17.1 Once a lot is sold, the Purchase Price shall become immediately payable to SA.
17.2 Full payment for all Lots must be made to SA by 5:00pm the next Working Day. Payment should be made by bank transfer and can only be accepted in GBP. Payment by card can only be made in person (subject to Government Guidelines at the time of collection) up to £20,000 by debit card and £5,000 by credit card.
17.3 No Lot may be collected until the Purchase Price has been received by SA and payments by a Buyer to SA may be applied by SA towards any such sums due from that Buyer to SA on any account whatsoever notwithstanding any directions to the contrary by the Buyer or his agent whether express or implied.
17.4 Title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by SA.
17.5 Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and title will not pass to the Buyer before payment of the Purchase Price.17.6 The Buyer shall, at his own expense, remove the Lot purchased but not before payment in full to SA of the Purchase Price whether in respect of this or any other Lot. The Buyer must collect the vehicle or arrange for its delivery in accordance with the terms in clause 14.
17.7 Cash payments cannot be accepted.
17.8 It is the Buyers responsibility to comply with all export and import regulations relating to the Lot and to settle any applicable taxes and duties.
18. RESPONSIBILITY FOR PURCHASED LOTS
18.1 The Buyer will be responsible for loss or damage to a Lot they have purchased from when the Lot is sold to them. Neither SA nor its employees or agents shall be responsible for any loss or damage unless caused by the negligence of SA, its employees or agents in the ordinary course of their duties to SA if and in so far as the Lot is in SA’s custody or under its control.
18.2 The Buyer shall be responsible for all removals, insurance, storage and other charges on any Lot from the point at which the Lot is sold in accordance with clause 14 above.
18.3 DVLA will be notified of the change of keeper as soon as possible following collection of the Lot in accordance with clause 17 above.
18.3.1 Where imported Lots are subject to a NOVA declaration being completed SA will instruct the import agent to do this on the Buyers behalf, once full payment is received, and will provide the buyer with the NOVA reference number. These lots will be clearly marked in the Lot description.
18.4 Automobilia, watches & lifestyle Lots will be sent to the buyer at the buyer’s expense.
19. NON-PAYMENT OR FAILURE TO COLLECT
19.1 If the Purchase Price is not paid in full, SA as the agent of the Seller, shall in its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following remedies:-
19.1.1 to store (either at SA’s premises or elsewhere) and insure the Lot at the expense of the Buyer;
19.1.2 to charge interest at a daily rate equal to 4% pa over Barclays Bank’s Base Rate on so much of the total amount due as remains unpaid after the date of and time referred to in clause 17.2;
19.1.3 to retain that or any Lot sold to the same Buyer at the same or any other auction of SA and to release it only after payment of the total amount due;
19.1.4 to apply any money due or to become due to the defaulting Buyer in or towards settlement of the total amount due and to exercise a charge or lien on any property of the Buyer which is in SA’s possession for any purpose.
19.1.5 take such steps as SA shall at its absolute discretion consider necessary to collect the monies due from the Buyer, and to agree terms for the payment of the Purchase Price;
19.1.6 to rescind the sale and refund any monies to the Buyer, or to rescind the sale to the Buyer and to purchase the Lot itself. If it does so, property in the Lot shall pass to SA on its election and SA shall remit the Purchase Price to the Seller within 14 Working Days of its election less the Seller’s Commission, Expenses and sums due to SA which would have been payable had the contract not been rescinded;
19.1.7 to appoint a solicitor and/or other agent to pursue any of the courses of action referred to in this clause 19, and the Seller hereby authorises SA to take any of the courses referred to in this clause, including the issue and prosecution of proceedings on the Seller’s behalf, and to settle claims and/or proceedings made by or against the Buyer on such terms as the Seller shall instruct, or in the absence of instructions on such terms as SA shall at its absolute discretion think fit. The Buyer shall be liable for all the costs incurred in any proceedings, negotiations or ADR (Alternative Dispute Resolution) including any shortfall in cost between those expended by SA or the Seller and those awarded by any Court or Tribunal.
19.2 If the Buyer fails to make payment within 14 days after the date and time referred to in clause 17.2, SA shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to re-sell the Lot or cause it to be resold by public auction or private sale, and, if this results in a lower price being obtained, the defaulting Buyer shall then pay to SA any deficiency, together with re-sale costs and any costs incurred in connection with the Buyer’s failure to make payment and any surplus shall belong to the Seller.
19.3 If the Lot is not taken away on the date and time referred to in clause 17, whether or not the Purchase Price has been paid, SA shall remove, store (either at SA’s premises or elsewhere) and insure the Lot at the expense of the Buyer and only release the Lot after payment of the total amount due.
20. LIABILITY OF SA AND THE SELLER
20.1 Buyers are solely responsible for ensuring that Motor Vehicles are safe for use, roadworthy (if a road going car) and comply with all relevant laws and regulations in force in all relevant jurisdictions and for ensuring that any necessary test certificates are in force. It is the responsibility of the Buyer to carry out such inspection as he thinks necessary in line with clauses 5 and 6 above.
20.2 In bidding for any Lot, the Buyer acknowledges that he does not rely on any representation made to him by SA, its employees or agents.
20.3 This contract is made for the benefit of SA, the Seller, and the Buyer, and save where the Buyer acts as agent for a named principal in accordance with Condition 15.1, is not intended to benefit or be enforceable by anyone else. For the avoidance of doubt, any rights otherwise arising under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
21. GOVERNING LAW
Any transactions to which the Terms apply shall be governed by English Law and the Courts of England shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms apply.
22.1 Any notices shall be deemed to have been received:-
22.1.1 if hand-delivered, at the time of delivery;
22.1.2 if sent by mail, two days after the date of posting.
22.2 In proving service by delivery:-
22.2.1 by hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;
22.2.2 by post, it shall be necessary only to prove that the notice was contained in a pre-paid envelope which was duly addressed and posted first class.
23. DATA PROTECTION
23.1 All information provided to SA will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction.
23.2 SA reserves the right to pass on information when required by legislation, government authorities or the courts.
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