1935 Pierce-Arrow Model 836-A

GENERAL BIDDER RULES 1. BIDDERS are required to register and give full identification prior to bidding and are required to use the number issued to them when identifying themselves as the successful bidder. Invoicing and titling on purchases will be processed according to the contact information provided on the Bidder's Registration form. Only the registered bidder can sign as purchaser on the contract. Funding can be provided by another party as long as all contact information is provided and approved by CCAG. 2. Deposit Requirements: A $2500 deposit is required before bidding. If you win an item, this deposit will be returned following confirmation of payment. Payment is expected within 48 hours from close of auction. - If you ARE NOT the winning bidder on any lot, your deposit is released Sunday at the end of the sale. - If you ARE the winning bidder on any lot, your deposit will be released upon receipt of the full final amount due to Classic Car Auction Group. If payment is not made in full by 5pm the Tuesday following the auction, your deposit will be kept as a non-paying bidder fee. 3. Billings Public Auto Auction, d.b.a. Classic Car Auction Group, herein referred to as CCAG, is merely performing an auction service and is responsible only for the warranties and guarantees set forth herein. 4. When the final bid is accepted and the auctioneer announces "SOLD", the final and highest bidder is the purchaser. In all cases of disputed bids, the Run Number shall be resold, but the auctioneer will use his judgment as to the good faith of all claims and his decision is final. 5. Purchaser agrees to accept ownership of merchandise/property when the auctioneer announces "SOLD" and he/she willingly assumes all responsibility and liability for said merchandise/property at that time and without exception. 6. Purchaser's Agreement: PURCHASER agrees to purchase the Run Number for purchase price of last accepted bid plus applicable buyer's fees; that upon making settlement NO stop payment of funds will be honored; and any stop payment order of check or giving a check which is returned marked "insufficient funds" shall be deemed by the parties to be prima facie evidence of Fraud existing at the time the transaction was consummated and shall be construed by the parties as an intent to defraud in order to consummate the transaction. 7. All transactions are to abide by the Laws and Rules of Uniform Code of the state of Montana. 8. ALL bids are to be per run# unless otherwise mentioned by the Auctioneer. 9. BIDDERS are required to register and give full identification prior to bidding and are required to use the number issued to them when identifying themselves as the successful bidder. Invoicing and titling on purchases will be processed according to the contact information provided on the Bidder's Registration form. Only the registered bidder can sign as purchaser on the contract. Funding can be provided by another party as long as all contact information is provided and approved by CCAG. 10. All items are offered for sale by Run Number under both reserve and no-reserve status. The auctioneer will accept bids from the bidders present in the room, absentee bidders, or absentee bidders who leave written bids in advance of the auction. The auctioneer has the right to place a bid for the consigner up to the reserve amount. Further the consignor has the right to "lift" the reserve price whereupon it will be sold to the last highest bidder when the auctioneer announces "SOLD". When the reserve has been lifted, the auctioneer will duly announce it. 11. The seller will afford every opportunity to view all lots prior to sale. However the purchaser must understand that he/she is buying property entirely upon his/her own or his/her agent's personal examination, inspection and opinion. All lots are sold "AS IS, WHERE IS," with all faults and defects. Any guarantees written or implied as to the authenticity, originality, or condition of any lot are not the guarantee of the CCAG, and should be determined by the purchaser's own inspection and discretion. The vehicle and information presented at the time of auction is final and supersedes any previous representations. The information provided is deemed reliable, but is not guaranteed. 12. Should any dispute arise after the sale, the auctioneer's records shall be conclusive in all respects. 13. CCAG is not responsible for lost, stolen or damaged properties. Purchased Run Numbers must be removed from the auction site by the days end of the auction. If not claimed, the CCAG has the right to remedy, move and store at owner's expense. 14. CCAG is not responsible for any and all liabilities. 15. CCAG is entitled to any and all fees or commissions on any run number sold, due to or presented at an auction event immediately after said event and payment in full must be made before any removal of any purchased vehicle. 16. CCAG shall be entitled to any Attorney's Fees incurred in the enforcement of this contract or the enforcement of Sell/Buy Agreement. 17. Upon being awarded high bid, purchaser is responsible to pay the final accepted bid price plus any applicable buyer's premiums. Non-payment will deem purchaser liable for any losses incurred in the resale of said lots to include, but not inclusive of freight, storage, deliverance in received value or auction fees. 18. Purchaser authorizes, without further notice, CCAG to recover any deficiencies due to seller and/or CCAG and to charge purchaser's credit card for said amount(s). 19. If the purchaser fails to comply with any of these General Rules and Terms, CCAG may, in addition to asserting all remedies available by law including the right to hold such defaulting purchaser liable for the purchase price (i) cancel the sale, retaining as liquidated damages any payment made by the purchaser, (ii) resell the property without reserve at public auction or privately on seven days notice to the purchaser or (iii) take such action that we deem necessary or appropriate. If CCAG resells the property, the original defaulting purchaser shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including warehousing, the expense of both sales, responsible attorney's fees, commission, incidental damage and all charges due hereunder. In the event that such purchaser pays a portion of the purchase price for any or all vehicles purchased, CCAG shall apply the payment received to such vehicles that CCAG, in our sole discretion, deems appropriate. Any purchaser who fails to comply with these General Rules and Terms will be deemed to have granted CCAG a security interest in, and CCAG may retain as collateral security for such buyer's obligation to CCAG any property in CCAG's possession owned by such a purchaser. CCAG shall have benefit of all rights of a secured party under the Uniform Commercial Code adopted in the state where the auction is held. 20. Any litigation brought forward by bidder/purchaser will be against seller. CCAG is merely performing an auction service, and does not own the property. Upon litigation, bidder/purchaser will not be entitled recovery of fees earned by CCAG duly performing its service. 21. Choice of Law and Venue - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Montana without giving effect of any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Montana. The bidder/purchaser irrevocably submits to the jurisdiction of the State of Utah over any dispute arising out of, or relating in any way, to this Agreement or to the transaction(s) to which it relates. The bidder/purchaser irrevocably agrees that all claims shall be heard and determined in such Court. The bidder/purchaser irrevocably waives, to the fullest extent permitted by law, any objection or defense which he, she, or it may now have, or come to have, regarding the inconvenience of this forum.