Thank you for supporting the 'Naomi for Haiti' campaign to raise funds for the White Ribbon Alliance to provide critical healthcare to mothers and daughters in Haiti.
The auction for the special edition 'Naomi for Haiti' Lotus Evoras has now closed. Results will be announced at the Lotus press conference held at the Geneva Motor Show on Tuesday 2 March at 8:45am local time (7:45am GMT).
In these Additional Terms and Conditions, Seller shall mean Lotus Cars Limited; Buyer shall mean a Winner of the auction; Car shall mean one of 5 Lotus cars manufactured as a Special Edition under the description "Naomi for Haiti"; Auction shall mean the auction conducted on the Naomi for Haiti website for the auctioning of the 5 Cars.
The Seller and the Buyer shall be governed by the provisions of INCOTERMS 2000, as amended, with regard to the trade terms such as EX FACTORY, FOB, FAS, FCA, CFR, CIF used herein unless otherwise provided for herein.
2.1 Acceptance by the Seller at the end of the Auction of a bid made by the Buyer in compliance with the Auction requirements forms a binding contract between the Seller and the Buyer for the purchase of one of the Cars sold in the Auction at the highest bid placed by the Winner (the "Purchase Price") on the terms and conditions set out in the Summary of the Auction Terms and Conditions published on the website and upon these Additional Terms and Conditions as set out herein. In the event of any conflict the Summary of the Auction Terms and Conditions shall prevail.
2.2 The Buyer has no right to withdraw from the contract once his/her bid has been accepted by the Seller.
3.1 Payment in full of the Purchase Price by the Buyer shall be made by bank transfer within 14 days of the date of the confirmatory letter and in any event prior to the Buyer's collection of the Car. Payment shall be made in cleared funds in Pounds Sterling by bank transfer to the bank identified in the confirmatory letter. Payment is only made when received by the Seller.
3.2 If payment for the Car is not effected by the Buyer in accordance with clause 3.1 the Seller may cancel the sale of the Car at any time thereafter without prejudice to the right of the Seller to recover any damages incurred therefore and/or to enforce any rights or remedies it may have. In the event that the sale is cancelled in accordance with the terms of this clause the Buyer shall have no right to purchase the Car or any entitlement to any loss or damage of any sort other than the return of any moneys actually paid to the Seller.
3.3 Upon receipt of payment for the Car from the Buyer the Seller shall notify the Buyer of the date that the Car is ready for collection from the Seller's Premises.
3.4 All charges including bank charges, collection charges, import duties, taxes, type approval costs, homologation cost, stamp duties and like charges shall be for the account of the Buyer, regardless of being charged within or outside the United Kingdom.
3.5 The Buyer shall obtain at its own risk and expense any import license or other official authorisation and carry out, where applicable, all customs formalities for the import of the car and its transit through any country.
4.1 The Seller will endeavour to make the Car available for collection from the Seller's Premises within 14 weeks of the Buyer notifying the Seller as to the required configuration of the Car as set out under Clause 6 below. If the Car is being delivered to a Lotus authorised dealership it will be delivered to the dealership on the next scheduled delivery to that dealership after the Seller notified the Buyer that the Car is available for collection.
4.2 Risk of damage or loss of the car shall pass to the Buyer at the time of delivery, namely collection of the Car from the Seller's Premises at Potash Lane, Hethel, Norwich, Norfolk NR14 8EZ, United Kingdom (being when the car has been loaded on the Buyer's transport or from the first movement of the car if the loading is carried out by the Buyer's agent or when the car has been loaded on Lotus carrier's transport if the car is being delivered to a Lotus dealership) in accordance with this Agreement.
4.3 Property in the Car shall pass to the buyer at the time of delivery, namely when the Buyer collects the Car from the Seller's Premises or it is loaded on Lotus carrier's transport if the car is being delivered to a Lotus dealership.
4.4 The Buyer must collect the Car within 4 weeks of being notified that the Car is available for collection or, if the Car is being delivered to a Lotus dealership, within 4 weeks of being notified that the Car has arrived at the dealership.
4.5 In the event that the Buyer fails to collect the Car within the period provided for in clause 4.4, the Seller (or the authorised dealer on the Seller's behalf) will arrange for the car to be stored for a period of up to 3 months or such longer period as may be agreed in writing between the Buyer and the Seller. The Buyer will be responsible for paying storage charges and all costs incurred in moving the Car to such storage facilities. The Seller shall be entitled to refuse to deliver the Car to the Buyer if such charges and costs are not paid by the Buyer prior to collection. If the Buyer fails to collect the Car within 3 months (or such longer period as may be agreed in writing) of it being placed into storage the Seller may sell the Car, without reserve, by private treaty or by auction as agent for the Buyer and apply any monies received and due to the Buyer in satisfaction of any sums due to the Seller under this Agreement.
4.6 However, the Car is collected the Seller will provide to the Buyer a Certificate of Conformity, Form V5 and any other documentation required to register the vehicle depending on the territory. If the Car is to be driven from the Seller's premises this documentation will be provided in advance to enable the Buyer to first register, tax and insure the Car.
The Seller is under no obligation to provide insurance for the Car after the Car has left the Seller's premises or from the first movement of the Car if loading is carried out by the Buyer's agent. Should the Buyer choose not to insure the consignment then this is at its own risk and will in no such way affect the Seller's liability or ability to receive full payment for the Car. The Seller retains the right to refuse to allow the Seller to drive the Car from the Seller's premises unless the Buyer can prove to the Seller's satisfaction that the car has been taxed and insured for use on UK roads.
6.1 The Seller makes no warranty of fitness or suitability of the Car for any particular purpose or special circumstance nor any warranty concerning defects in the Car.
6.2 The Car will be configured, at the Buyer's option, as either a right hand drive or left hand drive car. The Buyer must inform the Seller of its choice of configuration within 14 days of the payment in full of the Purchase Price. In the absence of any election by the buyer with the specified period, the choice of configuration will be at the Seller's option.
6.3 The Buyer hereby acknowledges and agrees that if the Car is configured as a right hand drive car it will be compliant with current UK and EU regulations and if configured as a left hand drive car it will be compliant with current EU and USA regulations. The Seller does not undertake to make the Car compliant with any other regulations.
6.4 The Seller agrees to provide to the Buyer its standard UK Warranty if the car is configured as a right hand drive car or either its standard EU or standard USA Warranty, at the Buyer's option, if the car is configured as a left hand drive car.
6.5 This clause does not affect your statutory rights under English law.
The Seller shall not be responsible to the Buyer for any incidental, consequential or special damages. The Seller's total liability for any and all claims by the Buyer or anyone claiming through the Buyer shall in no event exceed the Purchase Price of the Car or such lesser sum as may have actually been paid by the Buyer to the Seller.
8.1 The Buyer must, at its own risk and expense: (i) obtain any import license or other necessary regulatory authorisation required for the car sale and use in any country or territory other than the UK; and (ii) carry out, where applicable, all customs formalities for the import of the Car into any country or territory other than the UK.
8.2 The Buyer must, at its own risk and expense, carry out any modifications required to meet homologation and type approval requirements for any Territory into which the Car is imported or used.
8.3 The Buyer shall ensure that the Car shall comply at all times with the homologation and other regulations and requirements in any country or territory in which the Car is used.
8.4 The Buyer shall indemnify the Seller and keep the Seller indemnified at all times from and against all costs, expenses, liabilities, damages, claims, demands, proceedings, direct, indirect or consequential losses (including without limitation professional fees, loss of profit, depletion of goodwill, costs and enforcement) which the Seller suffers or incurs as a consequence of the Buyer's (including the Buyer's personnel and any of their agents) negligence, willful act or breach of any of the terms of this Agreement.
The Buyer shall implement a procedure that enables the Car to be located whilst in the possession of the Buyer and once the Car has been sold on to a third party by the Buyer in order to assist the Seller in the event of a recall. In addition, the Buyer undertakes promptly to effect all campaign recall work in respect of any Car as prescribed from time to time by the Seller and in accordance with the instructions issued by the Seller.
In the event the performance by the Seller of its obligations hereunder is prevented by force majeure, directly or indirectly affecting the activities of the Seller or any other person, firm or corporation connected with the sale, manufacture, supply or delivery of the Car, including but not limited to, act of God, flood, typhoon, earthquake, tidal wave, landslide, fire, plague, epidemic, quarantine restriction, perils of the sea, war or serious threat of the same, act of terrorism, civil commotion, blockade, arrest or restraint of government, rulers or people, requisition of vessel/carrier or aircraft, strike, lockout, sabotage, other labour dispute, explosion, accident or breakdown in whole or in part of machinery, plant, transportation or loading facility, governmental request, guidance, order or regulation, unavailability of transportation or loading facility, curtailment, shortage or failure in the supply of fuel, water, electric current, other public utility, or raw material including crude oil, petroleum or petroleum material or petroleum products, bankruptcy or insolvency of the manufacturer or supplier of the Car, boycotting of United Kingdom goods, substantial change of the present international monetary system, or any other causes or circumstances whatsoever beyond the reasonable control of the Seller, then, the Seller shall not be liable for loss or damage or failure or delay in performing its obligations under this Agreement and may, at its option, extend the time of shipment or delivery of the Car or cancel unconditionally and without liability the unfulfilled portion of this Agreement to the extent so affected.
No claim or right of the Seller under this Agreement shall be deemed to be waived or renounced in whole or in part unless the waiver or renunciation of such claim, or right is acknowledged and confirmed in writing by the Seller.
The Buyer may not assign the benefit or the burden of this Agreement.
This Agreement shall be governed by and construed in all respects in accordance with the laws of England and Wales.
The Buyer and the Seller agree that any dispute arising out of or in any way connected with these terms and conditions or the auction or any contract of sale concluded between Lotus and any individual winner (including as to its existence validity or termination) shall be referred to and finally resolved by arbitration in English before one arbitrator under the LCIA Rules, which Rules are deemed to be incorporated by reference. The seat of arbitration shall be London.
The Seller reserves the right to make any alteration in the design or specification of the Car without prior notification to the Buyer and without incurring any liability to the Buyer consequent upon any such discontinuance or variation.
The Clauses, Sub?Clauses and Sub?Sub?Clauses of this Agreement shall be severable and the illegality, invalidity or unenforceability of any Clause, Sub?Clause or Sub?Sub?Clause shall not affect the operation of any other part of this Agreement.
A person who is not a party of this Agreement shall have no right under the Contracts (Rights or Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
No variation of the terms hereof shall have legal effect unless in writing and signed by both parties.
18.1 Any matter which either party is required to notify to the other must be given in writing and addressed to the parties as follows:
To the Seller at:
Lotus Cars Limited
Potash Lane,
Hethel,
Norwich,
Norfolk NR14 8EZ,
United Kingdom
Marked for the attention of the Company Secretary.
To the Buyer at:
The address provided on the bidding form submitted by the Buyer in respect of the bid accepted by Lotus
18.2 Notices must be sent by courier or by first class pre-paid recorded delivery (and by airmail if sent to or from outside the UK) and will be deemed to have been received not later than 3 days after sending unless the contrary is proved.
The Headings, of this Agreement are for convenience only and do not form part of the terms hereof and shall not affect its construction.