1964 PONTIAC Bonneville Two Door

1. Bidder agrees to purchase any automobile, motorcycle, automobilia and memorabilia (referred to individually as “Item” and collectively as “Items”) for the purchase price of last bid plus bidder’s premium, as set forth in the attached Bidder’s Application attached hereto. 2. Bidder agrees to accept ownership of an Item at the fall of the gavel and Bidder willingly assumes all responsibility and liability for said Item at that time without exception. 3. Bidder agrees that upon the fall of the gavel that NO stop payment of funds will be honored and any stop payment order of a 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. 4. All transactions are governed by the laws of the State of Arizona. 5. All bids are to be per Item unless otherwise stated by the auctioneer. 6. The highest bidder is to be the buyer. In all cases of disputed bids, the Item shall be resold, but the auctioneer will use his/her judgment as to the good faith of all claims and the auctioneer’s decision is final. 7. 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 on purchases will be done according to the information on the Bidder’s Application. 8. Items are offered for sale by Lot Number. The auctioneer will accept bids from the bidders present in the room, absentee bidders by telephone, or absentee bidders who leave written bids in advance of the auction. The auctioneer may also execute bids in response to salesroom, telephone, or absentee bids. The auctioneer has the right to place a bid for seller/consignor at or above the reserve. Further the seller/consignor has the right to “lift” the reserve price whereupon it will be sold to the highest bidder at the hammer. When the reserve has been lifted, the auctioneer will duly announce it. 9. The seller/consignor will attempt to afford every opportunity to view all lots prior to sale. However the Bidder understands that he or she is buying Items entirely upon his/her own or his/her agent’s examination and opinion. All Items are sold “AS IS, WHERE IS.” Any guarantees written or implied to the authenticity, originality, or condition of any lot or Item are not the guarantee of CC, and should be relied on by the Bidder’s own inspection and discretion. 10. Should any dispute arise after the sale, the auctioneer’s records shall be conclusive in all respects. 11. CC is NOT responsible for lots, stolen, or damaged properties or Items. 12. CC is NOT liable for any and third party damages and liabilities and Bidder hereby releases and holds harmless CC from all such damages and liabilities. 13. CC may supply an area for any Items that do not reach agreeable sale prices, so as to endeavor to secure a proper buyer for the seller/consignor. This area will be staffed by CC to accept offers on such Items. Any and all Items sold in this manner will be sold by the same terms as Items sold on the auction block. 14. CC is entitled to any fee on any Item sold due to CC’s auction event up to sixty (60) days after said Event. 15. The Bidder hereby represents and warrants to CC that the information contained on the attached Bidder Application is true and correct and that the person signing on behalf of the Bidder has full legal authority and power to sign this Agreement on behalf of the Bidder and bind the Bidder to the terms and provisions of this Agreement. 16. Upon being awarded high bid, Bidder is responsible to pay the end price at the fall of the gavel plus auction fee as set forth in the Bidder Application attached hereto. Non-payment will make Bidder liable for any and all losses incurred in the resale said Item to include, but not limited to freight, storage, difference in received value, auction fees. 17. Bidder authorizes, without further notice, CC to recover any deficiencies due seller/consignor and/or CC and to charge Bidder’s credit card for said amount. 18. Bidder authorizes CC to file any federal, state and local level tax related information as may be required or desired. 19. If Bidder fails to comply with any of the terms contained herein, CC may, in addition to asserting all remedies available by law including the right to hold such defaulting Bidder liable for the purchase price (i) cancel the sale, retaining as liquidated damages any payment made by the Bidder, (ii) sell the Item without reserve at public auction or privately on seven days notice to the Bidder or (iii) take such action that CC deems necessary or appropriate. If CC resells the Item, the original defaulting Bidder 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 Bidder pays a portion of the purchase price for any or all Items purchased, CC shall apply the payment received to such Item that CC, in its sole discretion, deems appropriate. Any Bidder who fails to comply with the terms of this Agreement will be deemed to have granted CC a security interest in, and CC may retain as collateral security for such Bidder’s obligations to CC any property in CC’s possession owned by such Bidder. CC shall have benefit of all rights of a secured party under Arizona state law. 20. Any litigation brought by Bidder will be against seller/consignor. CC is merely performing an auction service, and does not own any Item. Upon litigation, Bidder will not be entitled recovery of fees earned by CC performing its service. 21. Titles on purchased Items will be processed within 21 working days contingent upon confirmed payment. 22. All purchases must be paid for by the Bidder within one (1) hour of the drop of the final gavel. 23. Each provision of this Agreement is declared to be separable from every other provision. If any provision is held invalid, such invalidity should not affect any other provision, and all other provisions shall remain in full force and effect as if the invalid provision had not been included herein. All terms or conditions not specifically covered by this Agreement shall be promulgated and enforced by CC in its sole discretion. 24. Bidder hereby irrevocably submits to the process, jurisdiction, and venue of the courts of the State of Arizona, Maricopa County, and of the United States District Court of Arizona, for purposes of suit, action or other proceedings arising out of or relating to this Agreement. 25. In the event that the Event does not take place, in whole or in part, due to any Act of God or of force nature, including without limitation, weather, fire, flood, strike, labor dispute, civil commotion, terrorist act, riot or threat of violence or similar cause beyond the control of the parties, Bidder shall not be entitled to any refund of fees paid. However, if the Event does not take place, in whole or in part, due solely to CC’s gross negligence or intentional default, then Bidder shall be entitled to a refund of the fees paid, or a pro rata portion thereof if the Event took place only in part. The decision to cancel the Event shall be left to the sole discretion of CC. 26. In the event that CC is involved in any legal action to enforce the terms and provisions of this application and Agreement, CC shall be entitled to recover all of its reasonable costs and expenses, including reasonable costs of collection and reasonable attorney’s fees. 27. This Agreement and attached Bidder Application contain the entire agreement between the parties regarding the subject matter discussed herein and may not be modified in any manner nor may any rights herein be waived except by an instrument in writing signed by the party to be charged in such modification or waiver. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns, and shall be construed in accordance and governed by the laws of the State of Arizona.