*****PLEASE READ CAREFULLY****** By registering to participate in the auction, bidder expressly acknowledges that he/she has read and understands the terms and conditions of sale and agrees to be bound thereby. Call our office at (954) 252-2887 if you have any questions regarding our terms.

Classic Cars Auction (For the Estate of Frederick C. Shay)

1. REGISTRATION DEPOSIT: $100.00 REFUNDABLE CREDIT CARD or CERTIFIED FUNDS AUTHORIZATION DEPOSIT and account validation is required to bid at this auction. Bidder’s information must be current, complete and accurate and must include full name, email address, phone number and mailing address. Must be 18+ years of age to participate. The deposit is refundable in the event that you do not have any successful winning bids. 2. BUYER’S PREMIUM (BP): A 13% Buyer’s Premium/Internet Premium will apply to all lots whether bidding on-line or in-person. For example, if an item sells for $1,000.00, an additional $130.00 (13%) will be added as the Buyer’s Premium. Please bid accordingly. 3. SALES TAX: Moecker Auctions, Inc., does not collect sales taxes on motor vehicles (automobile, motorcycle, truck, trailer, semi-trailer, truck tractor and semi-trailer combination, or any other vehicle with a title associated with it). It is the buyer’s responsibility to transfer title into their own name and pay all taxes and fees through DMV. 4. INSPECTION/PREVIEW PERIOD: Inspection is prior to the auction commencing. The inspection period is available on Thursday, December 12 from 10AM to 4PM and Saturday, December 14 from 9AM to 12PM by appointment only. To schedule an appointment, simply click on the button “SCHEDULE AN INSPECTION” on our website and choose a time slot. Attendance will be limited. No walk-ins allowed. All bidders are urged to inspect the property prior to placing a bid. The failure to inspect the property shall not constitute cause for bid retraction or cancellation of the sale. We will offer additional inspections subject to staff availability. 5. CONDITION: The sale of property is “AS IS, WHERE IS”, with no warranty or guarantee expressed or implied, subject to higher/better offers and seller’s approval. The descriptions and images of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions, inventories, counts, images nor any oral or written statements made by the owner (or his agents or officers) or the Auctioneer (or his agents or officers) concerning any item shall be construed as a guarantee or warranty, either expressed or implied. The bidder shall be the sole judge of value, condition, age, genuineness, authenticity, defectiveness, or any other determinative factor. Moecker Auctions, Inc., will not be responsible for any errors or omissions in the description. If you have questions, ask before bidding. Do not bid on items if you are uncertain of condition or what is being sold. Again, we strongly recommended and encourage you to attend the inspection/preview period. Sale shall be free and clear of liens or encumbrances. This is not an absolute auction; all high bids must be confirmed by the Seller. No refunds or exchanges are allowed on any winning bids. In the event that the auction or lot(s) are rejected in any manner, deposits will be refunded within 24 business hours after the termination of the auction. 6. AUCTION DATE: Saturday, December 14 at 10AM EST. Auction commences at 12:00 p.m. 7. ONLINE BIDDING: All on-line bids must be submitted using the online bidding platform. Bidder is responsible for confirming their bids for accuracy. Bidder understands and agrees to be held liable for any bid made using their account, even if a bid is made in error. Moecker Auctions, Inc. has no obligation to undo bidding errors reported to Moecker Auctions, Inc. or to the 3rd party auction platform. Bidders will receive outbid notifications via email up until the last day of the auction, after which time you must log in to the bidding site to confirm your bids. Moecker Auctions, Inc. provides internet bidding as a service to the bidder using a 3rd party bidding platform (Proxibid.com). Under no circumstances shall bidder hold Moecker Auctions, Inc. liable for system failures resulting in bids not being properly submitted. 8. COMPETITIVE BIDDING: The Auctioneer will also be accepting bids from, on-site bidders, telephone, email, or absentee bidding. Neither Moecker Auctions, Inc. nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. 9. TITLE TRANSFER: Upon the fall of the Auctioneer’s hammer/lot closing, title of the offered lot will pass to the highest bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and at such time buyer assumes full risk and responsibility for the lot, agrees to pay the bid amount, plus all fees applicable whether online, in person, by email, by phone or through an employee or agent. This deposit amount is non-refundable if purchaser invoice(s) are unpaid. Bidder retraction or a change to a bid after an item has been sold, regardless if the lot has been paid in full or pending payment is prohibited. The Auctioneer reserves the right to reject any bid at any time at his sole discretion to protect the integrity of the auction. Any person who bids in bad faith or disrupts the auction will be restricted from bidding. 10. MOTOR VEHICLE PURCHASE: Buyer is responsible for, (a) transferring title into their name or their company name as listed on the invoice (b) all registration fees and sales tax to be paid directly to Department of Motor Vehicles (DMV) within 30 days of invoice date. NOTE: The “buyer’s premium” is considered by DMV as part of the purchase price and is subject to state sales tax. A motor vehicle title will be provided to the buyer during the removal period. 11. BUYER INVOICES: Invoices will be emailed within one hour after the conclusion of the auction. If you have any questions regarding your invoice, please contact our office at (954) 252-2887 or email Eulalia Rodriguez at erodriguez@moeckerauctions.com 12. PAYMENTS: The winning bidder is required to immediately submit a 10% good faith deposit of the total hammer price achieved at the auction for their lot(s) via Zelle, wire transfer, cashier’s check, or cash. If the winning bidder is unable to fulfil the deposit requirements, the auctioneer will immediately sell the lot to the next highest bidder subject to their immediate submission of the 10% good faith deposit. The good faith deposit will be deducted from the invoice and the remaining balance will be due no later than Tuesday, December 17, by 4PM. All sales are final! No Returns, No Refunds, No Exchanges and No Chargebacks. 13. ACCEPTED FORMS OF PAYMENT: We do not accept Company Checks or Personal Checks. Net amount of wire must equal total of invoice. Information to complete an IRS 8300 form will be required to report payments of $10,000 or greater (made in cash or cash equivalent) as determined by the IRS. Please note processing times may vary up to 24 hours following invoicing. If you prefer to make a CASH, CERTIFIED FUNDS, ZELLE or WIRE TRANSFER OF FUNDS payment, you MUST contact the auction company via email erodriguez@moeckerauctions.com immediately after receiving an invoice. For Zelle payments: please use the following primary account email address to initiate a payment: erodriguez@moeckerauctions.com 14. PICK-UP/REMOVAL: It is the buyer’s responsibility to pick up or arrange to have items picked up by the designated scheduled timeframe and must supply their own handling equipment, trucking and personnel. Buyers are responsible for physically handling their items including packing, dismantling, disassembling and transporting items. Items that are not removed by the allotted time will be subject to storage fees per lot, per day at a rate of $50.00 per day. Moecker Auctions, Inc. may recommend shippers as a convenience to buyers but assumes no responsibility for their actions. If items need to be shipped, the buyer is responsible for hiring a company to load and remove their items from the auction site. Buyer must contact shipper for estimates and make shipping arrangements directly with company. The buyer is responsible for all shipping and handling costs. Removal is at the expense, risk and liability of the buyer. ANYONE PICKING UP MERCHANDISE ON BUYER’S BEHALF MUST PRESENT A COPY OF PAID INVOICE. MOVERS AND SHIPPING COMPANIES MUST PROVIDE A BILL OF SALE OR SHIPPING SLIP. 15. CLAIMS: In no event shall Moecker Auctions, Inc., liability to buyer exceed the purchase price actually paid for an individual item or lot. A buyer’s claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit, liability of buyer to any third party, personal injury, or any other direct, indirect, incidental or consequential damages. Buyer further acknowledges that each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned upon another transaction. Buyer hereby holds Moecker Auctions, Inc. harmless from: (a.) the acts or omission of any party who provided any items to Moecker Auctions, Inc. for sale, (b.) the acts or omission of the owner or seller of the auction site or the site where the auctioned items are stored, (c.) any claims buyer may have against Moecker Auctions, Inc. Auctioneer’s client(s) or any former owner of the property being sold, (d.) buyer’s failure in any way to properly inspect items and/or fulfill its obligations per the terms and conditions of the sale. The buyer acknowledges that it is purchasing under the AS-IS, WHERE-IS terms of the auction and that Buyer shall waive all rights of charge-back based on any claims of misrepresentation, non-delivery or non-performance. Claims or adjustments will NOT be allowed after item/lot has been removed from the premises or after the posted removal date, whether or not the property has been removed. 16. PICK-UP/REMOVAL LOCATION: 1885 Marina Mile Blvd., Suite 103, Fort Lauderdale, FL 33315. 17. RIGHT TO WITHDRAWAL/CANCELLATION: Moecker Auctions, Inc. reserves the right to withdraw from sale any of the items listed in the catalog/brochure before, during, or after the auction without liability. In addition, Moecker Auctions, Inc. reserves the right to cancel the sale at any time for any given reason. 18. DISPUTES: The Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the auctioneer reserves the right to re-open the bidding whether in person or online. The auctioneers’ designation of a buyer shall be final. 19. HOLD HARMLESS: Purchaser, purchaser’s agent(s) including hired vehicle transport companies and/or riggers, does hereby indemnify and hold harmless the Moecker Auctions, Inc., auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. 20. NON-DELIVERY RESPONSIBILITY: Moecker Auctions, Inc., and seller shall have no liability to the buyer of any lot for non-delivery of any purchased item(s). Moecker Auctions, Inc., shall not, in any event, be liable for non-delivery of property, storage or removal fees or costs, to buyer of any lot, other than for the return to the buyer of the deposit or sum paid on said lot, should the buyer be entitled thereto. 21. UNPAID INVOICES: ZERO TOLERANCE POLICY FOR BUYERS WHO DO NOT PAY THEIR INVOICE WITHIN TIME ALLOWED. In the event the purchaser fails to pay for the entire purchase within the time set forth by the auctioneer and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit as part of its damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be due to the auctioneer by the defaulting purchaser together with all charges, fees, and expenses including reasonable attorney fees incurred by such resale and enforcement of the obligation hereunder. Unpaid invoices will be reported to the 3rd party auction platform and bidding privileges will be globally revoked. 22. COLLUSION: Practices that eliminate competition, such as collusive bidding (fictitious bidding during the auction for the purpose of misleading or stimulating other persons who are bidding in good faith) may warrant criminal, civil, or administrative action against the participant(s). 23. EXPORTATION: The buyer of any and all purchased equipment at this auction understands that if their intention is to export any equipment from this sale, they will be responsible for confirming and following all of the US government guidelines pertaining to the legal exportation of any equipment to that country, the buyer will be referred to as the exporter. The exporter will be responsible for any export licensing, export declaration fees and preparation of any documents needed to ship overseas. Moecker Auctions, Inc. will not be responsible for any item purchased that cannot be legally exported. 24. GOOD STANDING: All bidders must meet Auctioneer’s qualifications to bid. Any bidder who is not in good standing with Moecker Auctions, Inc. at any time prior to, during or even after the close of auction will be disqualified at Moecker Auction’s sole discretion and will not be awarded lots. Moecker Auctions, Inc. reserves the right to exclude any person from registering at this auction and/or future auctions. 25. LEGAL AND BINDING: A bid is a legal and binding contract. It is a promise to pay for goods purchased. By registering to participate in the auction, the bidder expressly acknowledges that he/she has read and understands the terms and conditions of sale and agrees to be bound thereby. ALL ANNOUNCEMENTS MADE ON AUCTION DAY SHALL TAKE PRECEDENCE OVER PREVIOUSLY DISTRIBUTED INFORMATION. Moecker Auctions, Inc., has the right to make changes to the terms of sale without further notice.