Automobile Dealer & Repairer Magazine, May 1912

METHOD OF PAYMENT: Certified or cashier’s check, bank money order, personal or company check accompanied by an irrevocable Bank letter of credit presented on bank stationary, addressed to: The Stanley Museum, 40 School Street, P.O. Box 77, Kingfield, Maine 04947. Please fax letters to: (207) 265-4700. Letters must be received by Thursday, August 21, 2008 at 5PM. Complete payment must be received by Monday, August 25, 2008. Your item purchased will not be released until collected U.S. funds are received. Any banking arrangements including necessary wire transfers can be made through Camden National Bank, Depot Street, Kingfield, Maine 04947, 207-265-2181, ext. 4401 or 4403. Wire transfer fees will be the responsibility of the Buyer. BUYER’S PREMIUM: 13% In addition to the final bid price, a 13% Buyer’s Premium will be added to the final bid for each item purchased. The Final Bid, plus the Buyer’s Premium, plus any applicable Sales Tax will equate the total purchase price for that vehicle. This premium directly benefits the museum programs. Bidding and acknowledgment will be by bid number only. Please register with the Clerk. Once you become a winning bidder, risk of loss and title passes according to the Uniform Commercial Code (UCC) and you are responsible for your own merchandise. Auctioneer and seller are not responsible for lost, stolen or damaged items. No purchases may be transferred from one bidder to another; neither prior to nor after payment has been made. RISK OF LOSS: Buyer is responsible for all risk of loss or damage immediately upon purchase of the vehicle or item, and Buyers should make their own insurance arrangements prior to attending the auction. Keenan Auction Company and seller provides no such insurance and is not an insurer of any vehicle or other article offered for sale. SALES TAX: 5% Maine sales tax on all items. Dealers or exempt agencies must provide us with a copy of their annual resale certificate at time of registration. Out-of-state residents must complete a ST-MV-33 “Affidavit of Exemption For Immediate Removal” form from the Maine Revenue Service at time of settlement and prior to removing vehicle to their state. REMOVAL OF MERCHANDISE: Items may be removed after complete payment has been made. DISCLAIMER: While descriptions are believed to be correct, the Auctioneer and the Seller make no warranties or guarantees, expressed or implied as to the genuineness, authenticity of, or defects in any lot, and will not be held responsible for advertising discrepancies or inaccuracies. Purchaser acknowledges that purchaser has had the opportunity to inspect the lots and that everything is sold on an "AS IS", "WHERE IS" basis except as expressly made in writing. No warranties are made as to the merchantability of any item or their fitness for any purpose. Auctioneer and Seller do not guarantee the accuracy or completeness of the information contained in this catalog. Purchasers should verify and inspect desired items prior to bidding. All statements printed in the auction catalogues, ads, brochures, signs and car cards as well as verbal statements made by the auctioneer or staff, have come from the owners and are accepted as reliable. Auctioneer assumes no responsibility or liability for representations made by Sellers and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogues, ads, brochures, signs and car cards. The Auctioneer and seller are providing internet bidding as a service to bidder. Bidder acknowledges and understands that this service may not function correctly the day of the auction. Under no circumstances shall bidder have any kind of claim against the auctioneer or anyone else if the internet service fails to work correctly before or during the live auction. The auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24-hours before the auction begins. The auctioneer reserves the right to withdraw or re-catalog items in this auction. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages and claims of any type whatsoever, caused during the sale or arising out of the sale, or by the removal of the items purchased. The Auctioneer reserves the right to bid and to reject any and all bids including any bid, which is only a fractional advance over the preceding bid. The Auctioneer reserves the right to group one or more lots into one or more selling lots and to add to or delete from lots at Auctioneer's sole discretion. BREACH: Because the Vehicle subject to this agreement is unique, breach of this agreement is not fully remedied by monetary damages. Therefore, in addition to all rights and remedies available in law or equity, Seller and auctioneer shall have the following rights and remedies: (i) The right to an order for specific performance requiring Bidder to pay the Final Settlement Figure and take possession of the Vehicle; (ii) The right to resell, at public or private auction, any Vehicle upon fifteen (15) days written notice to Bidder and hold Bidder liable for the difference between the amount received at public or private auction and the Final Settlement Figure, plus all costs of storage and removal of the Vehicle, and all costs and expenses of sale; (iii) The right to sue for damages in the amount of the difference between the Final Settlement Figure and the fair market value of the Vehicle; and (iv) The right to rescind the sale and retain as liquidated damages any amount paid to Keenan Auction Company by Bidder. Bidder shall be limited to an action for damages against the owner of the Vehicle, without right of rescission, upon the auctioneer's call of "Sold" and Buyer shall not be permitted to maintain any action for consequential damages. In addition, Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the Terms and Conditions of Sale, including without limitation reasonable attorney's fees. If any check given in payment is dishonored for any reason (including but not limited to insufficient funds, stop payment or the like), Buyer agrees, whether such check is signed by Buyer as maker or endorser, that if such check is placed in the hands of an attorney for collection, to pay all reasonable attorney fees incurred, together with all court costs and associated expenses in the event suit is instituted. PLEASE NOTE: You have signed a written binding contract agreeing to the Terms and Conditions of Sale, and understand that any bid you make falls under the Maine Auction Law, Title II, Section 2-328 of the Uniform Commercial Code, and the Statute of Frauds. Maine auctions are under the jurisdiction of the State of Maine Department of Professional and Financial Regulations, Board of Licensure of Auctioneers, 35 State House Station, Augusta, Maine 04330.