The Bidder Agreement is made between SICCA and the person or entity submitting this Bidder Agreement.
1. Items being sold are sold ?AS IS ? WHERE IS? with all faults and defects, and with all errors of description. Buyer understands that any and all information concerning any Lot is provided by seller and SICCA does not examine any lot or component of any lot. Buyer hereby waives and releases SICCA from and against any claim, demand, liability or expense of any kind arising out of or related to the lot, expressly including without limitation any assertions of negligence, breach of contract or breach of warranty. Buyer agrees not to join SICCA as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to the Seller with respect to such matter. If buyer fails to comply with this provision, Buyer agrees to reimburse SICCA for all costs, expenses and fees, including attorney fees in defense of such claims.
2. A Buyers premium of 13% of final bid price is payable by the buyers of all vehicle lots and 15% to any memorabilia Lots. Buyer understands and agrees that he must pay the sum equal to 13% for any vehicle Lot or 15% for any memorabilia Lot purchased at this auction, that this fee will be automatically included in the final settlement figure, and he will be subjected to applicable taxes and license fees. Sale tax, if applicable, will be charged on the final total of hammer price plus premium.All bidder fees are non refundable and non transferrable. A Valid Method of payment must be submitted for each auction event to ensure that Buyer has current information on file. Buyer shall bring a bank letter of guarantee. Buyer agrees to pay for all Lots on the day of sale in U.S. currency, certified check or cashiers check. Personal checks may be accepted at SICCA?s discretion. There shall be no deviation from this provision without the prior written consent of SICCA. Buyer hereby authorizes SICCA to recover lost commissions or fees due to SICCA should Buyer default and charge this amount to Buyer?s American Express, Discover, Master Card or Visa to recoup such commissions or fees through any other available means of payment.
3. Upon the fall of the Auctioneer?s hammer, title of the offered Lot will be pass to the highest Bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and at such time Buyer: (i) assumes full risk and responsibility for the Lot and neither SICCA nor its agents shall not responsible for the loss of, or any damage to, any article due to theft, fire, breakage or any cause whatsoever. (ii)will sign a Contract of Sale confirming purchase of the Lo; (iii) will pay the full purchase price plus applicable commission; and (iv) will warrant and agree that he will perform the necessary steps to document the transfer of title in accordance with applicable state law within 30 days of receipt of transfer documentation from SICCA.
4. All property must be removed from SICCA?s premises by Buyer no later than 24 hours following the completion of the sale, unless otherwise specifically instructed in writing by SICCA. If Lot is not removed, a storage and/or transport fee will be applied to cover costs that SICCA may accrue.
5. Lots, titles and/or bill of sale will only be released in the case of cash purchases. In all other cases release will be made only after payment has cleared SICCA?s bank account. The title and/or bill of sale will be delivered to Buyer at the time settlement is made with Seller within 30 business days from the date of sale.
6. If Buyer(s) drive a vehicle on the auction site, all applicable Motor Vehicle Laws must be observed at all times. Buyer is responsible for providing proof of current insurance for each auction event.
7. In the event Buyer beaches these terms and conditions of sale or fails to consummate the sale for any reason, SICCA may, in addition to and not in lie of any rights available at law or in equity, and at its sole discretion: (i) compel specific performance and hold Buyer liable for the bid price and associated commissions; (ii) resell any Lot by public or private auction for Buyer?s account and risk, after 15 days? written notice to Buyer at Buyer?s last known address, and hold Buyer liable for all damages, including the difference between the bid price and resale price, SICCA?s full commission on the bid price, all costs for resale (including commissions), and consequential damages; or (iii) cancel the sale and retain all payments made by Buyer, including any advance deposits, as liquidation damages and not as penalty.
8. This agreement, and any and all rights, obligations, claims or causes of action arising from it or its subject matter, may not be assigned to or acquired by any other person or entity without SICCA?s prior written authorization.
9. By completing this Bidder Agreement, Buyer hereby acknowledges he has given Scottsdale International Classic Car Auction (SICCA) permission to use his likeness for television, internet, video screens, still photography and/or any other visual/ audio recording. Buyer hereby waives all residual rights or claims that might arise from use of his picture or likeness for any purpose at any future date. Entry into the auction site constitutes acceptance of the above terms and conditions.
10. By completing and signing this Bidders Agreement, I fully acknowledge and agree to the said terms of this Bidders Agreement.