5-18-2024 Bidder Package

TERMS AND CONDITIONS OF SALE - Continued

9. The BIDDER has had the opportunity to consult legal counsel and irrevocably waives any right to a trial by jury in any proceeding relating to a dispute about this agreement or the Auction. 10. The OWNER/CONSIGNOR may place a reserve on any of his/her LOTs, which is the minimum hammer price the owner is prepared to accept. That reserve amount is kept confidential by the AUCTIONEER. 11. The AUCTIONEER has the right to execute bids on behalf of the OWNER/CONSIGNOR up to the amount of the reserve. 12. The BID CALLER has the sole discretion to determine the final high BIDDER, and can in his sole discretion open the bidding, close the bidding, exclude BIDDERs, recognize late BIDDERs, reopen closed bidding, and reopen bidding between tie BIDDERs. BIDDERs have the opportunity, where available, to bid in person, absentee, by proxy, by telephone, or through online bidding platform(s). Any notice of successful bidding or being outbid via online platform(s) or by any party other than the BID CALLER and Management for the AUCTIONEER does not constitute official notice. Official notice of award and whether or not a sale has taken place will only be given in the form of an invoice from the AUCTIONEER. AUCTIONEER has the right and sole discretion to amend or correct any invoice that is sent to a BIDDER. 13. AUCTIONEER’s internet bidding and telephone bidding features are offered where available and when available. AUCTIONEER does not guarantee that these features or services will operate correctly or without interruption. AUCTIONEER is not responsible for delays, inaccuracies, errors, omissions, or mistakes by the BIDDER’s use of these services or by the AUCTIONEER’s performance of these services. BIDDER agrees that AUCTIONEER is not liable for BIDDER’s inability to access these services nor liable for any loss or damage incurred by BIDDER by using these services. Where telephone bidding is available, BIDDER consents to allowing AUCTIONEER to record the call. 14. AUCTIONEER is not liable for damaged, stolen, or lost LOTs and BIDDER waives his right to claim damages against AUCTIONEER for any associated loss. 15. AUCTIONEER is not liable for matching number errors. 16. LOTs that fail to meet the reserve price will be offered for sale by the AUCTIONEER after the LOT is removed from the auction block. Any LOTs sold by AUCTIONEER are subject to the same terms as LOTs sold on the auction block. 17. Once a LOT is called sold by the BID CALLER, the high BIDDER accepts responsibility to pay for said LOT and assumes all responsibility and liability for the LOT as though the sale was complete. 18. BUYER agrees to pay for the LOT including BUYER’s premium, taxes, and fees immediately following the auction. 19. AUCTIONEER will make every effort to deliver titles within 30 days of Auction. AUCTIONEER accepts no responsibility for delays outside its control. AUCTIONEER is not responsible for damages incurred by BUYER as a result of any title processing delay. 20. Any unpaid balance owed by BUYER, not paid within three banking days from Auction Day, is subject to interest charges at a rate of the greater of 2% per month or the maximum rate allowed by law, prorated daily beginning from the calendar day following the auction. 21. AUCTIONEER has a right to the following remedies in the event BIDDER defaults, including nonpayment or any breach of this agreement: A. Purchase the LOT at the BIDDER’s bid amount. B. Resell the LOT at Absolute Auction or by private sale without notice to BIDDER and hold BIDDER liable for any deficiency in the resale price. C. Cancel the sale and retain BIDDERs deposit and/or payment as liquidated damages. D. Charge BIDDER’s credit card for any amounts due to AUCTIONEER and/or CONSIGNOR. E. Take legal action against BIDDER to seek specific performance or take any other legal action to protect the interest of the AUCTIONEER and CONSIGNOR.

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