Harley-Davidson Arcade Game

MECUM AUCTIONS GENERAL BIDDER RULES REGISTRATIONS 1. For purposes of these General Bidder Rules the following terms are defined as a matter of convenience: a. “Mecum” means Mecum Auction Inc. and its affiliates, successors, agents/employees, assigns, shareholders, directors and officers. b. “Lot” means any item identified and made available for sale at an auction event hosted by Mecum in whole or in part. c. “Bidder” means a person or entity bidding upon any Lot at any auction event Mecum hosts in whole or in part. d. “Consignor” means a person or entity consigning a Lot for auction. 2. Before bidding on any Lot, Bidder is exclusively responsible for becoming familiar with the auction process. 3. Mecum is merely performing an auction service and is not responsible for any Lot’s description in any medium, even if the representation is made in a medium owned by, maintained by, or associated with Mecum. 4. Bidder is required to register in accordance with Mecum’s policies and procedures, which may be amended from time to time. Bidder must use the badge and number issued by Mecum as a condition of auction participation. Invoicing and titling will be performed pursuant to the information on Bidder’s completed registration form, unless Bidder expressly requests otherwise. Bidder registration fees are non-refundable. 5. Lost, stolen, or misplaced bidder badges will be reprinted by Mecum at no additional cost. Alternatively, new bidder numbers may be issued for an additional registration fee. In all matters involving lost, stolen, or misplaced bidder badges, Bidder assumes all liability for any and all bids, purchases, and/or actions by any individual bearing Bidder’s original name, number, or badge. 6. Bidder agrees to abide by these General Bidder Rules for the entirety of Bidder’s membership period. In the event the General Bidder Rules are revised, Mecum will provide notice of the revisions to Bidder prior to the first auction event at which the revised Rules are implemented. PURCHASES 7. All Lots offered are sold “AS IS, WHERE IS.” Mecum makes no representation and extends no warranty, express or implied, respecting any Lot’s condition, genuineness, value, and/or quality. Mecum is not responsible for any defect in any Lot. MECUM HAS NOT INDEPENDENTLY INSPECTED OR TESTED THE LOT AND HAS NO KNOWLEDGE OF THE LOT’S HISTORY OR CONDITION. Bidder has the duty, right, and opportunity to inspect any Lot prior to bidding, and Bidder’s participation in the auction of any lot is exclusively premised upon the Bidder’s own determinations. Winning Bidders shall accept their Lot(s) with all faults, including, but not limited to, qualitative conditions, defects or imperfections (whether structural, mechanical, cosmetic, latent, obvious, whether mentioned or unmentioned in the Lot description). 8. Bidder releases, waives, and discharges Mecum for any and all claims arising out of, involving, or associated with a Lot description. Bidder shall reimburse Mecum for any costs and/or expenses (including, but not limited to, reasonable attorneys’ fees) that Mecum incurs in defending any Bidder’s claim arising out of, involving, or associated with a Lot description. 9. Bidder accepts Lot ownership at the gavel fall and immediately assumes all responsibility and liability for the purchased Lot. 10. Mecum will deliver Lot titles within 30 days following auction event completion, contingent upon Bidder’s payment. Bidder understands and agrees that title processing delays can occur for causes outside of Mecum’s control. Bidder shall make no claim for damages associated with delays in title processing. Mecum is not responsible for damages incurred as a result of any delay in title processing. 11. All Lots are offered for individual sale by their unique Lot number, unless otherwise noted. The auctioneer will accept bids from on-site Bidders and absentee Bidders. The auctioneer has the right to place a bid for the Consignor up to the Lot’s reserve. 12. In matters where the winning bid cannot be determined with certainty, the auction process may be repeated for that Lot. The auctioneer will use reasonable judgment in evaluating Bidders’ claims of auction confusion. However, the auctioneer’s determination(s) in these circumstances are both final and non-appealable. 13. Mecum is not liable for lost, stolen, or damaged Lots, and Bidder shall make no claim against Mecum for such loss, theft, or damage, unless the loss, theft, or damage is directly caused by Mecum’s actions or omissions. 14. Lots must be removed from the auction location within 24 hours of the auction event’s conclusion. At Bidder’s sole expense, Mecum may arrange for the transport and storage of unclaimed Lots. Lots which remain unclaimed 30 days following the auction event shall be deemed abandoned. 15. Lots that fail to meet the reserve price shall be presented for sale in The Bid Goes On® process. Lots sold via The Bid Goes On ® process are subject to the same terms as Lots sold on the auction block. PAYMENT 16. If bidding on-site, Bidder will pay for the Lot (including applicable commission, taxes, and fees) within one hour of placing the winning bid. Telephone/Internet Bidders will be permitted to make payment within one (1) day following the auction’s conclusion. Bidder is prohibited from suspending or deferring payment. Any stop payment order on a purchased Lot, or any payment check drawn upon an account with insufficient funds, shall serve as conclusive, irrefutable proof that Bidder intended to commit fraud at the auction. 17. All purchased Lots are subject to applicable state and local taxes, which Bidder agrees to pay in effecting the Lot’s purchase. 18. All balances which remain unpaid seven days after the Lot’s purchase date will be subject to interest charges at a rate of twelve percent (12%), with interest compounded daily and calculated retroactively to the date of purchase. 19. In the event of Bidder’s default, including, but not exclusive to non-payment, Mecum may 1) hold Bidder liable for the Lot’s purchase price and sue for specific performance; 2) cancel the sale and retain Bidder’s payment as liquidated damages; 3) resell the Lot without reserve at a future Mecum auction or by private sale, with, or without advance notice to Bidder, with Bidder remaining liable for any deficiency in resale price, 4) purchase the Lot at the amount of Bidder’s bid; 5) take any other lawful action to protect Mecum’s interest; or 6) charge Bidder’s credit card for any amount due Mecum and/or Consignor. Bidder is liable for all costs and expenses arising from Bidder’s default, including, but not limited to freight, storage, auction entry fees, commissions, reasonable attorneys’ fees, court costs, and expenses. In addition to and complementary with the foregoing, Mecum shall be afforded the right to offset all costs and expenses arising from Bidder’s default from any deposit which Bidder may make in connection with an auction event. GENERAL 20. Additional information is available for lots bearing “matching numbers” by visiting Mecum.com, or from Mecum, upon request. 21. Bidder’s participation at an auction event constitutes knowledge of, and consent to, the General Bidder Rules, even absent Bidder’s signature. 22. Bidder agrees that the auction event(s) may be televised (live or on tape-delay), and broadcast to a national or international audience, including, but not limited to, live broadcasts on NBC Sports Network and its affiliates. By attending the event, Bidder and those attending as Bidder’s Guests (“Guests”) consent to Mecum using Bidder’s and any Guest’s image, voice, and likeness throughout the universe, in any and all media, in perpetuity. Bidder shall inform Guests of this provision as Bidder deems necessary. 23. If any provision, clause, or part of these Rules, or the application thereof under certain circumstances, is held invalid, the remainder of these Rules shall remain in full force and effect. 24. The Bidder, having had opportunity to consult counsel, irrevocably waives any right to trial by jury in any proceeding arising out of or relating to the auction Lots. 25. These General Bidder Rules shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice or conflict of law provision or rule that would apply the laws of any other jurisdiction. Bidder irrevocably submits to the jurisdiction of the State of Wisconsin, Circuit Court of Walworth County, for any dispute arising out of, relating to in any way, concerning the auction Lots and irrevocably agrees that all such claims shall be there entertained. Bidder irrevocably waives any objection or defense founded on the forum’s inconvenience. 26. Acceptance of these General Bidder Rules permits Mecum to have future contact with the Bidder. In compliance with any regulations established by federal, state or local authorities, Bidder’s participation is an affirmative consent or “opt-in” to Mecum’s future contact. This consent shall be effective until revoked by Bidder in writing. TELEPHONE/INTERNET BIDDING DISCLAIMERS 27. Mecum’s telephone and/or internet bidding features, functions, content, products, and capabilities are available on an “as is” and “as available” basis, without any express or implied representation or warranty of any kind. Mecum makes no guarantee or assurance that Mecum’s telephone and/or internet bidding services will operate without interruption or that all services, products, features, functions, content, or operations will be available or perform at any particular time(s). Without limiting the generality of the foregoing, Mecum is not responsible for 1) malicious code, delays, inaccuracies, errors, omissions, or mistakes in the Bidder’s use of Mecum’s telephone and/or internet bidding services or any sites linked to Mecum’s telephone and/or internet services; 2) any interruption of telephone signal to the Auction event and/or cessation of transmission to or from our website or to or from our site by any third party; or 3) defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of others. Bidder assumes the entire risk of using Mecum’s telephone and/or internet bidding services, along with its associated features and functions. 28. Bidder agrees that Mecum is not liable for any loss or damage incurred in connection with or arising from use of Mecum’s telephone and/or internet bidding services. 29. Bidder acknowledges 1) the limitations of Mecum’s telephone and/or internet bidding services and some messages; 2) that transmissions may not be timely processed [or not at all] and 3) that some services, features, or functions may be restricted or delayed. Bidder affirms that Mecum assumes no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or postings, or for any failure or delay there associated. 30. Mecum reserves the right to record all conversations between Mecum and Telephone and Internet Absentee Bidders. By initialing this page, Bidder understands he/she is allowing the recording and giving his/her consent to it. 31. Mecum.com is controlled and offered by Mecum from its facilities in the United States of America. Mecum makes no representations that this site is available for use in other locations.