Henderson Auctions Collector Motor Series Buyer and Seller Information

1. Entry/Marketing fees are non-refundable and do not apply to commission. Marketing includes International Online Bidding with unlimited photos and video, Publication print ads (Tier 1/Premium Auction Package Listing including www.classicmotorsforsale.com, Hemmings, Old Cars, classics.autotrader.com, etc.), Social Media Advertising, Web banners and auction listings on related sites (ClassicCars.com, hemmings.com), global digital target marketing, person to person marketing at car shows, car auctions, association meetings, etc...), newspapers, signs (Lamar bill board signs, brochure and flier listings). 2. AUCTIONEER will charge the successful bidder a buyer’s premium of 10% (Ten Percent) for automobiles, motorcycles, and scooters and 20% (Twenty Percent) for memorabilia. This fee applies to the successful bidder only, of each item. 3. OWNER and AUCTIONEER agree that all checks shall be made payable to HENDERSON AUCTIONS. AUCTIONEER will be allowed a period of 15 banking days from the sale date in which to remit to OWNER his/her portion of the proceeds from said auction. 4. AUCTIONEER shall use OWNER’S name and in his/her behalf act fully and to the same extent as OWNER could do personally, to execute all necessary deeds, bills of sale, conveyances, and other instruments to every nature necessary or convenient to the carrying out the power of sale herein granted and the transfer of title to the property herein described to the respective buyers thereof. 5. OWNER hereby agrees to sell the above-mentioned property to the highest bidder and deliver to the purchaser Bills of Sale and Titles free and clear of ALL liens and encumbrances. 6. OWNER promises and agrees that the above-described property must be delivered to Barber Vintage Motorsports Museum (6030 Barber Motorsports Parkway, Leeds, Alabama 35094) from 7:00am to 8:00pm (CST) on Wednesday, June 22nd, 2022, and from 7:00am to 8:00pm (CST) on Thursday, June 23 rd , 2022 . In the event of a failure of OWNER to deliver said property, or if OWNER shall breach this Agreement, said OWNER agrees to pay the full commission and advertising costs as provided above plus any other damages that may occur to AUCTIONEER due to breach of Agreement or failure to deliver. Commission to be based on the fair market value of said vehicle(s), as determined by the reserve price set by OWNER or value determined by third-party appraiser of AUCTIONEER’s choosing. 7. OWNER agrees that after the execution of this Agreement, and throughout the term of this Agreement, that OWNER will not sell, or cause to be sold, any of the property described in this Agreement, save and except through the AUCTIONEER. 8. AUCTIONEER shall have the right, after receiving their compensation as provided herein, to use the residual funds to first pay true liens which are shown in the exhibits attached hereto or which may be brought to their attention, and which are not listed in said exhibits. 9. There is a $50 Title fee for each titled item. 10. Neither party shall be liable to the other for any inconsequential or direct losses or costs such as loss of profit or loss of sales. 11. Title: The Auctioneer must have title at time of check-in. Lost title applications or titles-in-transit must be cleared with AUCTIONEER in advance and may or may not be accepted. Serial number must match the title and be proper. All vehicles must be able to be legally titled. Final sale confirmation may be delayed until state authorities determine that your vehicle is legal to be titled. 12. In the event of a purchaser's failure to comply with the terms of sale, we will first attempt to resell the vehicle to another buyer for the same price. Failing that, the sale may be null and void. The Auction Company and/or OWNER may agree to pursue legal action to complete the sale, this may involve sharing the risk and expense of such action. 13. Insurance coverage must be provided against all perils and loss by OWNER including damage caused by another party. OWNER shall indemnify and hold harmless Henderson Auctions and Barber Vintage Motorsports Museum from and against all liability, loss, and damage arising from acts, incident, or accident. OWNER assumes full responsibility for his own consigned assets. Insurance responsibility passes to new buyer when the auctioneer declares vehicle(s) sold. OWNER’s insurance is the only insurance covering the operation and storage of OWNER’s vehicle. OWNER agrees to allow Henderson Auctions and its agents to move OWNER’s vehicle at OWNER’s risk, including driving and parking. 14. The term of this Agreement expires sixty (60) calendar days after the date of the Auction. If the consigned assets in this Agreement are sold within the term of this Agreement (whether sold by AUCTIONEER, OWNER, or others), OWNER agrees that the sale for those assets was made possible by the marketing efforts of the AUCTIONEER and OWNER agrees to pay to the AUCTIONEER the agreed upon commission percentage plus the Buyer’s Premium percentage calculated as determined by the reserve price set by OWNER or value determined by third-party appraiser of AUCTIONEER’s choosing. 15. Vehicles must be accurately described by OWNER including items working poorly or not working, description, history and mileage and any facts that may affect the selling price. 16. All vehicles that are “frame damaged” or have titles that read “salvage”, “Rebuilt”, “Insurance Totals”, or “Branded” are required to be declared in writing on the description line of this Agreement at the time of the Agreement’s execution. Failure to do so may result in sale rejection. Sale rejection for any of these reasons will make the OWNER subject to all auction sale fees. These fees may be withheld from any funds due to OWNER from this Auction or future Auctions. 17. NON-DISCLOSURE OF THIS AGREEMENT: OWNER agrees to not share this Agreement, nor disclose the terms of this agreement with anyone who is not a party to this Agreement. OWNER acknowledges that to do so will cause significant harm to the AUCTIONEER and accordingly agrees that AUCTIONEER is entitled to monetary damages against OWNER for sad disclosure in an amount of no less than five thousand dollars ($5,000.00). 18. I do hereby authorize Henderson Auctions to act as my ATTORNEY-IN-FACT in signing my name to any and all forms necessary for a transfer of my rights, title and interest in the motor vehicle(s) described below. 19. If any terms, conditions, covenant, Agreement, or provision of the Agreement of the application thereof to any circumstance shall, to any extent, be held by a court of competent jurisdiction or by any authorized governmental authority to be invalid, void, or unenforceable, the remainder of the Agreement shall not be affected by such holding, and the remaining terms, conditions, covenants, Agreements and provisions hereof shall continue in full force and effect.

________________________________________ This Agreement, including Addendum A – Descriptions of Consigned Assets , constitutes the entire Agreement between the parties and it shall not be changed except by a written document signed by both parties.

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