Special Terms
1. CCCA shall have no liability for loss, theft or damage of any type to the vehicle, its contents, or components at any time and that CCCA is not a bailee of such vehicle. Buyer further agrees to save CCCA, its agents and its employees harmless from any claims for personal injury and property loss or damage arising out of this transaction. Buyer shall obtain their own insurance. CCCA provides no such insurance and is not an insurer of any vehicle or other article offered for sale.
2. CCCA expressly disclaims any and all implied warranties, including warranties of marketability of fitness for any purpose(s). Buyer represents that the amounts of money bid on or for any lot(s) are based solely on Buyers own independent investigations and inspections of that lot or those lots in which the Buyer becomes the winning bidder. As an inducement to this agreement; (A) Buyer has made his/her own examination of a lot before bidding on said lot, and (B) Buyer assumes all risk of any non-conformities of or in any lot. Buyer acknowledges and agrees that he/she has not relied upon any knowledge CCCA may or may not have regarding the lot, the seller, any written or oral representations made by CCCA, including and without limitations to, representations as to make, model, serial number, identification numbers, originality, age, condition, equipment, whether original, reproduction, authentic, owner history, fitness for use, or the manufacture or restoration process, materials or components of any lot. ( C ) All Statements regarding consignments listed on CCCA'S Website, printed in CCCA catalogs, brochures, sales lists, signs, car cards as well as any and all verbal statements made by CCCA staff, the Auctioneer, ring men, or advertising have come directly from the Consignor/Seller and are in no way represented by CCCA as true or accurate. Any announcements made on the day of the auction take precedence over the aforementioned but do not alter in any way the basic terms and conditions of the sale. All statements are expressions of opinion or for ease of identification only and are not to be relied upon by Buyer as representations of fact. As a condition of Buyers participation in the Auction, Buyer represents that he/she will conduct any and all inspections and examinations necessary to satisfy him/herself of all material facts before placing any bid on a lot or lots consigned at the auction.
3. A "BUYERS PREMIMUM” OF ELEVEN (11) PERCENT OF THE FINAL HAMMER PRICE, IS PAYABLE BY THE BUYER OF ALL VEHICLE LOTS. Transactions may be subject to State and Local Sales Tax. Titles on purchased vehicles will be processed within twenty (20) days commencing and contingent upon confirmed payment in full and proof of cleared funds in CCCA'S Bank Account. Buyer will be required to pay any title fees levied by any State Authority, unless CCCA receives satisfactory proof of exemption, (to be determined in CCCA'S sole discretion) there are no refunds once CCCA has paid Tax and License fees. Buyer acknowledges and agrees that if Buyer, or any related entity or person acquires, within sixty (60) days of the end of the Auction Date, any lot consigned to the CCCA Auction, that for any reason, is not sold at the Auction, the Buyer jointly and severally, with the Seller, is liable for the immediate payment of a commission in the amount of Twelve (12) percent of the final recorded bid price of the vehicle on the block at the Auction. Buyer acknowledges and agrees that the Bidder registration paid to participate in the Auction is not included in or deducted from the total price of the purchased vehicle.
4. All payments shall be made by the Buyer by the end of the Auction. Payments shall be made directly to CCCA as seller’s agent. Payment of any funds due and payable to Buyer resulting from other transactions occurring at the Auction will be withheld from Buyer and applied to purchases made by Buyer. All payments must be made in the form of Cashier’s Check; Certified Funds, or Bank Wire Transfer. Dealers may use a business check provided they have completed the necessary Dealer registration forms to CCCA'S satisfaction. If Buyer defaults this part of these terms and conditions of sale and succeeds in entering a winning bid in excess of his/her credit limit, Buyer warrants and agrees that he shall remain fully liable to CCCA and the Seller for full purchase price plus all fees and commissions due, and that Buyer will pay CCCA in full for the lot by the end of the sale day. Should the Buyer default upon payment of the purchase price in any manor or form, or reason, The Buyer agrees to pay CCCA the full sum of the Buyer’s Premium and the Sellers Commission, without relief. Buyer agrees Buyer also agrees to pay any and all costs including Attorney’s fees, court costs, storage and transportation fees, and any and all other costs incurred as a result of the Buyers default. This provision is in addition to Buyers financial responsibilities to CCCA and the Seller. Buyers must remove, at buyers expense, all lots purchased by Buyer by 5PM, the 16th of October, 2011, the end of the Auction. Should Buyer or Seller, for any reason whatsoever, fail to remove any or all of their vehicles, or merchandise from the Auction location, CCCA shall have them removed, and the Buyer/Seller shall be liable for any and all expense incurred, by CCCA for their removal and storage.
5. In the event of Buyers Default on any of the Terms and Conditions of the Sale, including but not limited to, returned checks, stop payments of any kind, or failure in any way to consummate the sale , CCCA may , at its sole discretion: (A) demand specific performance and hold Buyer liable for the bid price including Buyers Premium, and (B) resell any lot by public or private sale for Buyers account and risk, after 10 days written notice to Buyers last known address, and hold Buyer liable for any and all damages, including all fees, costs, transportation costs, storage fees, advertising, Attorney fees and any difference between the Buyers final bid price and the actual re sale price of the vehicle. Or ( C ) Void the sale to Buyer and retain any and all monies paid to CCCA including any deposits as liquidated damages. This contract "Terms and Conditions", and any legal action or dispute arising from, based on or related to its subject matter, shall be governed by the state of Florida. Buyer agrees that the state and federal courts located in Hillsborough County, Florida shall have exclusive jurisdiction over any legal action or proceeding seeking to enforce the provisions of this agreement, or based on any right arising out of this agreement or its contents, and hereby waive any rights to ask for court ordered mediation, and Buyer further waives any objection to venue laid therein.
6. These terms and conditions along with any contracts for consigning or biding which may be delivered to Buyer or Seller represent the entire agreement between the Buyer, Seller and CCCA, pertaining to the subject matter described herein.
7. This agreement and any and all obligations, rights, claims or causes of action arising from it or its content, may not be assigned to or acquired by any other person or entity without CCCA'S prior written approval or authorization.
8. If any portion of these terms and conditions are held to be illegal, or unenforceable due to any present or future law, the remaining provisions of this agreement will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from this agreement. In lieu of such illegal or otherwise un enforceable provision(s), there will be added automatically as part of this agreement, a legal, valid and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and this Agreement shall be deemed reformed accordingly.
9. All purchases under one bidder number shall be considered one transaction regardless of methods of payment. Subject to federal law, all cash transactions in excess of $10,000 will be reported to the federal government.