Garth Richards Estate Premium Automobilia Collection
Cylinder is good, restored in Gilmore colors with reproduction globe and decals, comes hose and nozzle, 26" x 107" x 16".
Abbreviated Terms
- 15% Buyer's Premium
- Nevada State sales tax applies.
- We reserve the right to take up to a 25% deposit of the purchase upon award of the high bid.
- Shipping at buyer's cost is available through third party shipping companies
- All items must be paid for by 4pm on Monday, September 19, 2022.
- Items must be removed by September 30, 2022.
BIDDER TERMS AND CONDITIONS
These Bidder Terms and Conditions apply to Auctions of the Garth Richards Collection of classic and collectible vehicles and automobilia conducted by Trucks & Auto Auctions Washington LLC ("TAAW") and Silver Collector Car Auctions, Inc. ("SCCA") (collectively, the "Auctioneers," and, Individually, and "Auctioneer") commissioned by Randal S. Kuckenmeister (“Trustee”) as the Trustee of the Garth S. and Joan M. Richards 1980 Family Trust (“Trust”). These Bidder Terms and Conditions constitute a legal, valid, binding, and enforceable contract between Auctioneers and YOU. Together with any written purchase and sale agreement between YOU and the Trustee of any Lot, these Bidder Terms and Conditions form the basis for the contract of sale between YOU and the Trustee if YOU are the Winning Bidder on any Lot.
1. Auctions Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional Terms and Conditions Posted by Auctioneers, and Announcements Made at the Time of each Auction, and Applicable Law; Acceptance of Bidder Terms and Conditions. Each Auction is conducted under and in accordance with these Bidder Terms and Conditions, any and all other Terms and Conditions posted by Auctioneers (whether at the Auction Site or online), any announcements or corrections made by Auctioneers at the time of each Auction, and applicable law. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO REVIEW THESE BIDDER TERMS AND CONDITIONS, THAT YOU HAVE READ THESE BIDDER TERMS AND CONDITIONS, THAT YOU UNDERSTAND THESE BIDDER TERMS AND CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE BIDDER TERMS AND CONDITIONS. YOUR participation in the Auctions, or any of them, whether at the Auction Site, online, telephonically, or though any other means (including Absentee Bid), is further evidence of YOUR agreement to be bound by, and to abide by, all Bidder Terms and Conditions.
2. Auctions Conducted in the State of Nevada. The Auction is conducted in the State of Nevada. All Lots are offered for sale in the State of Nevada, and will be sold and delivered in the State of Nevada. Notwithstanding YOUR physical location, these Bidder Terms and Conditions are entered into in the State of Nevada, all bids and payments are received in the State of Nevada, and all contracts between Trustee and Buyer are formed and entered into in the State of Nevada. Unless otherwise agreed, all Lots will be delivered in the State of Nevada.
3. Definitions. The following definitions apply to these Bidder Terms and Conditions for each auction conducted by Auctioneers:
"Absentee Bid" means a bid submitted to Auctioneers by an Absentee Bidder for the execution during the Auctions under terms established by Auctioneers.
"Absentee Bidder" means a person or entity that submits an Absentee Bid. An Absentee Bidder may or may not be physically present at the Auction Site during the Auctions.
"Absolute Auction" or "Absolute" means that property is sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. This type of auction is also known as an auction "Without Reserve." Provided that a bid is received within a reasonable time after bidding opens on a Lot, the Lot will be sold to the highest bidder regardless of the final bid amount. A Lot exposed for sale at Absolute Auction may only be withdrawn by Auctioneers if a bid is not received within a reasonable time after bidding opens on the Lot. (See, also, Without Reserve).
"Assets" means The Garth Richards Collection of classic and collectible vehicles and automobilia identified with more particularity on an inventory attached to this Agreement.
"Auction" means an auction conducted by Auctioneers under this Agreement.
"Auction Site" means the physical location where the Auctions are conducted, and/or where the Assets are located, and/or where inspections may be made, and/or where pick-up occurs.
"Bidder" means any person or entity (and the agents or representatives of any such person or entity) that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction(s) (including, without being limited to, inspection and/or pick-up), regardless of whether such person or entity tenders a bid.
"Bidder Account" the online account identified to a Bidder by Auctioneers or by an Online Auction Platform Provider on Bidder's Registration. (See, also, Bidder Number).
"Bidder Number" means the number or other identifier issued by Auctioneers to a Bidder for the purposes of identifying bids to such Bidder. (See, also, Bidder Account).
"Bidder Registration" means the registration of a Bidder to participate at the Auction(s) (either online, or onsite, or both), including the information provided by a Bidder, and the Bidder's to be bound by Auctioneers' Bidder terms and Conditions.
"Bidder Terms and Conditions" means Auctioneers' Bidder Terms and Conditions.
"Buyer" means the Winning Bidder on a Lot.
"Buyer's Premium" is a non-refundable administrative fee calculated as a percentage of the Hammer Price that is payable by the Buyer of each Lot to Auctioneers for Auctioneers' own account. The Buyer's Premium is earned by Auctioneers, and becomes Auctioneers' property, at the Fall of the Hammer. The Buyer's Premium is not included in Trustee's proceeds from the Auctions.
"Commission" means the amount payable by or on behalf of Trustee to Auctioneers for Auctioneers' services.
"Contract Price" means an amount equal to the Hammer Price plus the Buyer's Premium. Any sales tax or similar such taxes or fees will be based on the Contract Price.
"Delivery" means the transfer of possession a Lot to the Buyer. Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during the Auctions or at such other address as indicated on Auctioneers' website(s). Delivery does not mean that Auctioneers will move or relocate any Lot from its physical location during an Auction, or as indicated on Auctioneers' website(s), to any other location directed by the Buyer. Unless otherwise expressly agreed in writing, Auctioneers will not move or relocate any Lot(s) on behalf of the Buyer.
"Fall of the Hammer" means the point, after bids have been received, at which Auctioneers declares a Lot "sold" to the Bidder acknowledged by Auctioneers as having made the Winning Bid. During an online auction, the Fall of the Hammer may occur electronically at the end of timed (or extended) bidding.
"Hammer Price" means the High Bid amount recognized by Auctioneers with the Fall of the Hammer.
"High Estimate" means an amount that Auctioneers anticipate that a Lot may bring at the high end of a spectrum of possible bids. The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
"Lot" means each individual item or grouping of items exposed for sale at one time by Auctioneers.
"Low Estimate" means an amount that Auctioneers anticipate that a Lot may bring at the low end of a spectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
"Online Auction Platform" means the hardware and software utilized to conduct the Auctions online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.
"Online Auction Platform Provider" means the provider of an Online Auction Platform and related services.
"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which online bids may be tendered.
"Private Sale" means an event in which any Asset is sold by Trustee, or on Trustee's behalf, other than at the Auctions (including a sale at an auction conducted by a person or entity other than Auctioneers).
"Private Sale Price" means the greater of (i) the fair market purchase price of any Asset paid, or agreed to, at a Private Sale, or (ii) a valuation agreed to by Auctioneers and Trustee.
"Registration Deposit" means, if required by Auctioneers, the deposit made by a Bidder in order to register for the Auctions. Auctioneers may require that the Registration Deposit be made in certified funds or in such other form as determined by Auctioneers in Auctioneers' discretion.
"Reserve" or "With Reserve" means that property may be withdrawn by Auctioneers and/or bids may be rejected by Auctioneers prior to the Fall of the Hammer. While Lots exposed for sale With Reserve may be subject to a Reserve Price, a Reserve Price is not necessary for a Reserve Auction
"Reserve Price" means the minimum price that a Trustee willing to accept for a specific Lot. If a Lot is subject to a Reserve Price, the Lot will not be sold unless the Reserve Price is met or waived.
“Trust” means the Garth S. and Joan M. Richards 1980 Family Trust.
“Trustee” means Randal S. Kuckenmeister, the Trustee of the Garth S. and Joan M. Richards 1980 Family Trust.
"Winning Bid" means the highest bid received and accepted by Auctioneers.
"Winning Bidder" means the Bidder who is recognized by Auctioneers as having made the Winning Bid.
"Withdrawn," "Withdrawal," or "Withdraw" refers to the circumstance in which a Lot is removed or withdrawn from the Auctions, or in which it is determined that such Lot will not be offered or sold at the Auctions.
"Without Reserve" means that property is sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. This type of auction is also known as an "Absolute Auction" Provided that a bid is received within a reasonable time after bidding opens on a Lot, the Lot will be sold to the highest bidder regardless of the final bid amount. A Lot exposed for sale at Absolute Auction may only be withdrawn by Auctioneers if a bid is not received within a reasonable time after bidding opens on the Lot. (See, also, Absolute).
4. Bidder Registration; Bidder Qualification. YOU are required to register to bid, and YOU must provide a valid credit card in order to be approved for bidding. Auctioneers may make a nominal charge or place a temporary hold against YOUR credit card for verification purposes, and may charge YOUR credit card for YOUR purchases. Auctioneers may establish such other Bidder Registration requirements and Bidder qualifications as Auctioneers determine to be reasonably necessary or appropriate. YOU must provide such information (including identifying information and qualifications) as requested by Auctioneers. Auctioneers may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may suspend or revoke the bidding privileges of any Bidder at any time. By registering to bid, YOU represent to Auctioneers that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract. Each entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids are made by or on behalf of an entity, the entity and any individual making the bid will be jointly and severally liable on account of the bid. YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted at the Auction Site or on Auctioneers’ website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneers. Auctioneers may, in Auctioneers’ sole and absolute discretion, receive bids from a person or entity that has not registered to bid and/or has not satisfied all requirements for Bidder Registration, and, by bidding, such person or entity will be bound by these Bidder Terms and Conditions, any and all other terms and conditions published by Auctioneers (including those posted at the Auction Site or on Auctioneers’ website(s), or otherwise), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneers. BIDDER QUALIFICATION PROVISIONS ARE INTENDED FOR THE BENEFIT OF AUCTIONEERS AND Trustee, AND CREATE NO RIGHTS OR INTERESTS IN ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS. AUCTIONEERS AND/OR Trustee MAY (BUT WILL NOT BE REQUIRED TO) WAIVE ANY BIDDER QUALIFICATION REQUIREMENTS, EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS.
5. Access to Auction Site and/or Online Auction Platform; Assumption of Risk; Limitation of Liability. YOU assume all risks in connection with YOUR participation, or attempted participation, in the Auction, including, without being limited to, risks arising from or associated with: (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneers; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by Auctioneers’ gross negligence or intentional misconduct. YOU further agree that neither YOU nor any person accompanying YOU to, or otherwise visiting, the Auction Site will attempt to operate or activate any machinery or equipment at the Auction Site without Auctioneers’ express consent; and, that, YOU will assume all liability for property damage and/or personal injury caused by YOU or YOUR representatives, employees, independent contractors, or agents. YOU acknowledge and agree that the Auction Site may be a potentially dangerous place that requires YOU to be diligent, alert, and aware at all times. Flammable, noxious, corrosive, pressurized and otherwise hazardous substances may be present at the Auction Site. Machinery, equipment, and vehicles may be operated at the Auction Site, and electrical circuits may be live at the Auction Site. YOU enter the Auction Site at YOUR own risk with notice of the condition and activities that will be, or have been, conducted at the Auction Site; and YOU assume such risks with respect to YOURSELF and anyone, including any minor children, accompanying YOU or visiting the Auction Site on YOUR behalf. YOUR representatives, employees, independent contractors, or agents also assume such risks. No person will have any claim against Auctioneers and/or Trustee, or their respective agents or employees, for any injuries sustained or for damages to or loss of property that may occur at the Auction Site. Neither Auctioneers nor Trustee will be liable for any damages of any type or nature sustained or claimed by YOU or by any other person or entity in connection with, or in any way related to, the Auction. YOU waive any and all claims and/or causes of against Auctioneers arising in connection with, or in any way related to (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneers; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by Auctioneers’ gross negligence or intentional misconduct.
6. Nature of the Auction. The Auctions will be Without Reserve.
7. Bid Increments. Bid increments, after the commencement of bidding, are established and controlled by Auctioneers, and may be adjusted or modified in Auctioneers’ sole and absolute discretion.
8. Absentee Bids; Remote Bidding. In Auctioneers’ discretion, Auctioneers may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advanced in accordance with Auctioneers’ policies and procedures. Auctioneers will make reasonable efforts to execute Absentee Bids, but Auctioneers will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that a Lot may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach the such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneers to accept a bid that is less than a full bidding increment, Auctioneers have the sole and absolute discretion to acknowledge or reject such bid. An Absentee Bidder may request that Auctioneer advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneers are agents of the Trustee only, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneers and any Absentee Bidder.
9. Buyer's Premium. Each Lot is subject to a Buyer's Premium that will be calculated as a percentage of the Hammer Price and paid by the Winning Bidder in addition to the Hammer Price. The Buyer’s premium will be equal to ten percent (10%) of the Hammer Price for each vehicle and fifteen percent (15%) of the Hammer Price for all other Lots. Auctioneers’ determination of the Buyer’s Premium applicable to any Lot(s) will be final and conclusive. If YOU have any doubt about the Buyer’s Premium applicable to any Lot(s) it is YOUR responsibility to confirm the applicable Buyer’s Premium prior to bidding. As announced by Auctioneers, the Buyer’s Premium may be adjusted to account for credit card processing fees and/or check verification fees, and the Buyer’s Premium may be reduced, either globally or on a case-by-case basis, at Auctioneers’ discretion. The Buyer’s Premium is earned at the Fall of the Hammer and will not be refunded by Auctioneers. The Buyer's Premium will be added to the Hammer Price to determine the final Contract Price for tax purposes. If YOU are the Winning Bidder on any Lot(s) and YOU default on YOUR obligations as set forth in these Bidder Terms and Conditions, or otherwise, there will be no set-off or reduction in the Buyer's Premium even if a Lot is resold. Because the Buyer's Premium is earned with the Fall of the Hammer, Auctioneers have no obligation to mitigate damages with respect to the Buyer's Premium, and YOU acknowledge and agree that mitigation of damages is not possible.
10. Online Auction. In addition to all other terms and conditions set forth in these Bidder Terms and Conditions, the following terms and conditions apply if the Auction is conducted, in whole or in part, online:
10.1. Posted Times. Unless stated otherwise, all posted or listed times are intended to reference the local time zone at the Auction Site. Posted closing times and time displays are approximate. Auctioneers reserve the right, in Auctioneers’ sole and absolute discretion, to close early, extend, reset, or reopen the Auction (including bidding on any Lot(s)).
10.2. Online Bidding; Maximum Bids. Online bids may be submitted as a single advancing bid on a Lot, or as a maximum bid on a Lot, and bidding will advance competitively to the next available increment. If YOU submit a single advancing bid on a Lot and YOUR bid is equal to or less than the maximum bid previously submitted by another Bidder on the same Lot, YOU will be outbid. If YOU submit a maximum bid on a Lot and a maximum bid has previously been submitted by another Bidder on the same Lot, bidding will advance to the next highest bid increment after which either YOUR maximum bid or the previously submitted maximum bid has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. If YOUR bid is shown as the current high bid on a Lot and another Bidder submits a bid (either as a single bid or as a maximum bid), bidding will advance to the next highest bid increment after which either YOUR maximum bid or the maximum bid of the competing Bidder has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount.
10.3. Technology Disruptions. YOU acknowledge and agree that the Auction is conducted electronically and relies on hardware and software that may malfunction without warning. Auctioneers will not be responsible for, and will suffer no liability for, technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform(s), (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) otherwise. Auctioneers may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
10.4. Failures by Online Auction Platform Provider and Its Affiliates or Contractors. Under no circumstances will Auctioneers be liable for any failure of the Online Auction Platform Provider(s) to perform, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider(s) to perform regardless of whether such obligations are owing, directly or indirectly, to Auctioneers, to YOU, to Trustee, or otherwise.
10.5. Automatic Extension Feature and Rolling Close of the Bidding. Any Online Bidding Period may include an automatic extension feature. This means that if a bid is entered within a set time period approaching the end of the established Online Bidding Period on a Lot, the Online Bidding Period for the Lot will be automatically extended for an additional period of time in increments established by Auctioneers, and such extensions will continue until there is a set period of time that lapses during which no advancing online bid is received, after which bidding on the Lot will close.
10.6. Disclaimer. THE ONLINE AUCTION PLATFORM(S) AND AUCTIONEERS’ WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AUCTIONEERS MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, (i) THAT THE ONLINE AUCTION PLATFORM(S) OR ANY RELATED WEBSITE OR TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE, (ii) AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE ONLINE AUCTION PLATFORM OR ANY RELATED WEBSITE OR TECHNOLOGY, OR (iii) AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENT NATURE OF THE ONLINE AUCTION PLATFORM OR ANY RELATED WEBSITE TECHNOLOGY. IF YOU ARE DISSATISFIED WITH THE AUCTION, OR THE NATURE, CHARACTER, OR FUNCTIONALITY OF TECHNOLOGY ASSOCIATED WITH THE AUCTION, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR PARTICIPATION IN THE AUCTION. AUCTIONEERS RESERVE THE RIGHT TO TERMINATE YOUR BIDDER REGISTRATION, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE AUCTION, TO IMPOSE LIMITS ON CERTAIN FEATURES OF THE ONLINE AUCTION PLATFORM, AND/OR LIMIT, RESTRICT, OR TERMINATE YOUR ACCESS TO AUCTIONEERS’ WEBSITE OR TO THE AUCTION WITHOUT NOTICE.
10.7. Restrictions on Use. YOU agree that YOU will not use any robot, spider, other automatic device, or manual process to monitor or copy the Online Auction Platform(s), Auctioneers’ website, any technology associated with the Auction, and/or any content associated with the Auction. YOU agree that YOU will not use any device, software or routine to interfere with, or to attempt to interfere with, the proper functioning of the Online Auction Platform(s), Auctioneers’ website, any technology associated with the Auction, or any activity being conducted in connection with the Auction. YOU agree that YOU will not take any action that imposes an unreasonable or disproportionately large load on the Online Auction Platform(s) and/or Auctioneers’ website and/or online infrastructure. YOU agree that YOU will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Online Auction Platform(s) and/or Auctioneers’ website. Access and use of any Online Auction Platform is subject to any and all terms and conditions of the Online Auction Platform Provider(s).
10.8. Security of Bidder Account. YOU are responsible for monitoring and maintaining the security of YOUR Bidder Account information. If, at any time, YOU know or suspect that YOUR Bidder Account has been hacked, cloned, compromised, or improperly accessed, YOU must notify Auctioneers, in writing, immediately, and YOU will not be responsible for bids tendered through YOUR Bidder Account after such notice is received by Auctioneers.
11. No Bid Retraction. YOU may not retract a bid that has been acknowledged by Auctioneers or that has been submitted online. YOU acknowledge and agree that Auctioneers are acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneers to accept YOUR Bidder Registration and for YOU to bid at the Auction, YOU agree not to withdraw or to attempt to withdraw any bid tendered by YOU or on YOUR behalf.
12. Responsibility for Bids. YOU are responsible for all bids made using YOUR Bidder Number or YOUR Bidder Account, and if YOU tender a bid that is determined by Auctioneers to be the Winning Bid, or if a Winning Bid is submitted from YOUR computer, or YOUR device, or from YOUR Bidder Account, YOU will be the Buyer. If YOUR Bidder Number is lost, stolen, or misappropriated, or if YOUR Bidder Account has been hacked or compromised YOU should notify Auctioneers immediately. YOU will be liable for all bids tendered using YOUR Bidder Number or Bidder Account prior to giving Auctioneers notice that YOUR Bidder Number was lost, stolen, or misappropriated or that YOUR Bidder Account was hacked or compromised.
13. Conduct of the Auction. Auctioneers will regulate all matters relating to the conduct of the Auctions and Auctioneers' decisions will be final and binding. Auctioneers will have control over bidding, and may establish, modify, or amend bid increments; provided, however, that, because the Auctions are Without Reserve, Auctioneers will not establish any required opening bids. Auctioneers will resolve any and all bid disputes, and if (i) a bid is made while the Hammer is Falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) after the Fall of the Hammer or other termination of the bidding Auctioneers are made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, or (iii) after the Fall of the Hammer or other termination of the bidding Auctioneers are made aware that bid calling Auctioneer and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneers may, in Auctioneers' sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the last bid recognized prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. The determination of whether to reopen the bidding is within Auctioneers’ sole and absolute discretion, and Auctioneers are not required to reopen the bidding. Auctioneers will suffer no liability on account of Auctioneers’ determination to reopen the bidding or not. Auctioneers reserve the right, for any reason, in Auctioneers’ sole discretion, to terminate, change or suspend the sale of any Lot or any aspect of any Auction sale. Advertised times for bidding on particular Lots are estimates provided for convenience only, and Auctioneers will have no liability with respect to any Lot(s) sold before or after an advertised time.
14. Winning Bidders Subject to Certification by Auctioneers. The final determination of the Winning Bidder will be made by Auctioneers. Any notification to an online Bidder by email or electronic message (whether generated manually or automatically) is subject to certification by Auctioneers. Any dispute regarding the identity of the Winning Bidder on a Lot will be resolved by Auctioneers, and Auctioneers may reopen the Bidding. Auctioneers’ determination of the Winning Bidder on any Lot will be final and conclusive.
17. Withdrawal of Lot(s) by Auctioneers. Auctioneers have the right to withdraw any Lot(s) from the Auction(s) prior to Auctioneers’ recognition of an initial bid on such Lot(s).
18. Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid for any Lot will be the Buyer of such Lot.
19. Contract of Sale. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction(s) regardless of the Contract Price, and these Bidder Terms and Conditions, together with Auctioneers’ clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into and made a part of the contract between each Buyer and Trustee.
20. All Property Sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS.” EACH LOT IS BEING EXPOSED FOR SALE, AND WILL BE SOLD, IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. UNLESS EXPRESSLY STATED OTHERWISE, PROPERTY THAT IS EXPOSED FOR SALE IN ITS “AS IS" CONDITION HAS NOT BEEN MODIFIED, ALTERED, INSPECTED, OR TESTED BY AUCTIONEERS. NEITHER AUCTIONEERS NOR Trustee MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH LOT. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEERS, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEERS OR Trustee. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, AND HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTEE MADE BY AUCTIONEERS, OR Trustee, OR ANYONE ACTING AS AGENT OF Trustee, ORALLY OR IN WRITING, ABOUT ANY LOT. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF A PRE-AUCTION INSPECTION IS NOT AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING WITHOUT A PRE-AUCTION INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES BY AUCTIONEERS OR Trustee, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED WITH YOUR PURCHASE OF THE LOT(S) WITHOUT A PRE-AUCTION INSPECTION. THIS “AS IS” DISCLAIMER APPLIES PRE-AUCTION, POST-AUCTION, AND DURING THE AUCTION.
21. Inspection; Photographs and Images; Due Diligence. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that YOU have not relied on any statement, representation, warranty, or guarantee made by Auctioneers, or by Trustee, or by anyone acting as agent or representative of Trustee; provided, however, that if a pre-auction inspection is not available due to social distancing restrictions or otherwise, YOU acknowledge and agree that (i) YOU are knowingly and willing bidding without a pre-auction inspection, (ii) YOU are not relying on any representations or warranties by Auctioneers or Trustee, and (iii) YOU are assuming any and all risks associated with YOUR purchase of the Lot(s) without a pre-auction inspection. YOU, further, acknowledge and agree that any photographs or other images of Lot(s) are adequate for YOUR purposes. YOU, further, acknowledge and agree that YOU have had a full and fair opportunity to ask questions and to conduct any and all due diligence that YOU deem to be necessary or appropriate, and that the responses YOU have received, if any, are adequate for YOUR purposes.
22. Description of Lots. UNLESS OTHERWISE EXPRESSLY STATED OTHERWISE IN WRITING, ANY DESCRIPTION OF A LOT IS BASED SOLELY ON VISUAL IMPRESSION, AND IS GIVEN SOLELY FOR IDENTIFICATION PURPOSES, AND DOES NOT CREATE ANY WARRANTY, EXPRESSED OR IMPLIED, OR REPRESENTATION BY AUCTIONEERS OR Trustee.
23. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
24. Limitation of Liability. Auctioneers are not responsible for any actions of Trustee or others, including Bidders or Buyers, taken before, during, and after the Auction. Auctioneers will not be held liable for typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, at the Auction Site, or otherwise related to the Auction.
25. Announcements. Subject to the limitation set forth in these Bidder Terms and Conditions, all terms and conditions and other announcements made by Auctioneers on the day of the Auction are binding and take precedence over any advertisements or listings.
26. Auctioneers’ Records Conclusive. Absent clerical errors, Auctioneers’ records will be final and conclusive.
27. Title; Certificates of Title. If YOU are certified as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract Price; however, title and ownership of the Lot will not pass from the Trustee to YOU until payment is made and clears. Trustee will deliver good and marketable title to Lot(s) purchase by YOU, free and clear of any and all liens and encumbrances. Notwithstanding the foregoing, if a certificate of title for any vehicle is unavailable, or cannot be obtained by Auctioneers or Trustee through reasonable efforts, the affected vehicle will be sold pursuant to a a bill of sale only, or under bonded title, at Auctioneers’ discretion. It is YOUR responsibility to confirm that the evidence of title for any vehicle on which YOU tender a bid is acceptable to YOU; and, by bidding, YOU are confirming that the evidence of title for each vehicle on which YOU tender a bid is acceptable to YOU. YOU WILL NOT, UNDER ANY CIRCUMSTANCES HAVE THE ABILITY TO CANCEL A PURSCHASE AND SALE TRANSACTION BASED ON THE INABILITY, INPRACTICABILITY, OR OTHER FAILURE OF AUCTIONEERS OR TRUSTEE TO DELIVER A CERTIFICATE OF TITLE.
28. Payment. Except as otherwise provided on Auctioneers’ website, or by announcement, or agreement,
(i) If YOU are physically present at the Auction Site, all Lots on which YOU are the Winning Bidder must be paid for at the Auction Site at or prior to the close of the Auction, and before any Lot purchased by YOU is removed from the Auction Site. Payment at the Auction Site may by in cash, credit card (subject to transaction fee), wire transfer, or by approved check.
(ii) If YOU are a remote or online Bidder, not physically present at the Auction Site, all Lots on which YOU are the Winning Bidder must be paid for in-full within __________ (___) hours after the close of the Auction, and before any Lots purchased by YOU is removed from the Auction Site. Online purchases must be paid by credit card, certified funds, or by wire transfer; provided, however, that online purchases in excess of ____________________ Dollars ($__________) must be paid by wire transfer unless other arrangements acceptable to Auctioneers are made.
29. Failure to Pay. If YOU fail to pay for YOUR purchase(s) within time provided, YOU will be deemed to have abandoned any interest in the Lot(s), but YOU will remain liable for payment of the Contract Price. Unpaid Lot(s) may be retained by Trustee, resold at a subsequent auction, or otherwise disposed of. If unpaid Lot(s) are sold at a subsequent auction, YOU will be liable for any shortfall or deficiency on the resale of the Lot(s), the Buyer’s Premium, and the costs incurred in connection with reselling the Lot(s). Under no circumstances will YOU be entitled to any surplus from the resale of any unpaid Lot(s). Auctioneers and/or Trustee may, at any time, commence a lawsuit against YOU for the Contract Price of any unpaid Lot(s) and/or for any deficiency realized on the resale of such Lot(s). Subject to applicable law, beginning __________ (___) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of _______________ Dollars ($__________) per Lot per day will accrue, and Auctioneers will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges. In addition to the foregoing, if YOU fail to pay for any Lot(s) with respect to which YOU are the Winning Bidder, YOU may be banned from any and all future auctions conducted by Auctioneers, and YOUR failure to make payment may be reflected on YOUR profile with the Online Auction Platform Provider(s) of otherwise truthfully disclosed to other auctioneers via social media, or otherwise.
30. Possession, and Risk of Loss. Possession and risk of Loss will pass, as follows:
(i) If YOU are physically present at the Auction Site and YOU are the Winning Bidder on a Lot, possession and risk of loss will pass to YOU with the Fall of the Hammer, even if YOU have not yet paid for the Lot, and YOU will be solely responsible for safeguarding and protecting all such Lots.
(ii) If YOU are a remote or online Bidder, not physically present at the Auction Site, possession and risk of loss will pass to YOU when the Lot(s) on which YOU are the Winning Bidder are (i) picked-up at the Auction Site by YOU or on YOUR behalf, or (ii) delivered to a carrier (whether USPS, UPS, FedEx, or other) at the Auction Site or at the carrier’s location in the State of Nevada.
31. Calculation of Sales Tax; Sales Tax Disputes. Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer’s Premium. If (i) YOU believe that YOUR purchase is subject to a sales tax exemption that is not recognized by Auctioneers, or (ii) YOU believe that the Buyer’s Premium portion of the Contract Price should not be subject to sales tax, or (iii) YOU otherwise dispute the sales tax, YOU should address YOUR dispute to the appropriate taxing authority and seek a refund from the appropriate taxing authority to the extent that the same may be available to YOU.
32. Delivery; Sales Tax. Unless otherwise agreed in writing, all Lots purchased by YOU will be delivered to YOU at the physical location of such Lot(s) at the close of the Auction which will be either (i) the Auction Site, (ii) such other location inside the State of Nevada as indicated in the specific Auction listing, or (iii) as otherwise designated by Auctioneers. Neither Auctioneers nor Trustee have any obligation to move or relocate any Lot(s) to YOUR location or to a location designated by YOU. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases at the point of sale within the State of Nevada, and to arrange for shipment of YOUR property to a location designated by YOU. Unless an exemption applies, all purchases are subject to sales tax in the jurisdiction where delivery occurs as set forth in the specific Auction listing and these Bidder Terms and Conditions. Unless Auctioneer has expressly agreed in writing for Lots to be delivered to YOU at another location, sales tax will be collected at the point of sale as set forth in the specific Auction listing and these Bidder Terms and Conditions and will be remitted to the applicable taxing authorities. The foregoing notwithstanding, if another jurisdiction or taxing authority (including, without being limited to, the jurisdiction in which YOU reside, conduct business, or will maintain the Lot(s) purchased by YOU) requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible for payment of an amount equal to such tax. If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and Auctioneers will cooperate in efforts to obtain a refund of such tax and its remittance to the proper taxing authority. The foregoing notwithstanding, if Auctioneers determine that it is necessary to collect and remit sales tax, use tax, or other similar tax, to any taxing authority other than taxing authorities in the State of Nevada, YOU will be responsible for all such taxes.
33. Pick-up and Removal; Shipping; Insurance. YOU are responsible for pick-up and removal of Lot(s) purchased by YOU. Pick-up and removal dates and times will be as posted or announced by Auctioneers. Unless otherwise agreed, YOU are solely responsibly for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU. Disassembly and removal must be done in a workmanlike manner, and YOU will indemnify and hold harmless both Auctioneers and Trustee(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of Auctioneers and Trustee(s). YOU are solely responsible for ensuring that all Lots are properly packaged, secured, and protected before removal from the Auction Site, and that any vehicles and/or equipment that will be operated on roadways are properly licensed and insured with all required safety features being operable. Unless otherwise agreed in writing, any Lots shipped to YOU will be via a shipment contract free on board at the Auction Site in Carson City, Nevada, and possession and risk of loss will pass to YOU at the point of shipment in Carson City, Nevada. YOU are responsible for insuring all Lots purchased by YOU. As of the time payment is made, YOU are responsible for safeguarding and protecting each Lot purchased by YOU. Removal of any and all Lots purchased by YOU will be at YOUR expense, risk, and liability. YOU must notify Auctioneers in writing, and in advance, if any other person, including, without being limited to, YOUR employees, agents, or representatives, will pick-up YOUR purchases. If any Lot is not available for pick-up by YOU, or on YOUR behalf, during the period provided for pick-up by Auctioneers, the Contract Price will be returned to YOU; provided, however, that, if the unavailability of the Lot(s) results, in whole or in part, from YOUR acts or omissions, no refund will be provided. The date by which YOUR purchases must be removed from the Auction Site is posted on an auction-by-auction basis, on the specific Auction listing. After the final removal date, a per Lot storage fee will accrue on a daily basis. It is YOUR responsibility to completely remove all Lot(s) purchased by YOU, and should any Lot (or part thereof) be abandoned, YOU will be liable for all costs and expenses for removal and disposal.
34. Failure Pick-up or Arrange for the Delivery; Abandoned Property; Storage. If YOU are certified as the Winning Bidder on one or more Lots, and, after paying the Contract Price for such Lot(s), YOU fail to pick-up or remove such Lot(s) within __________ (___) days after the Auction, YOU will be deemed to have abandoned such Lot(s), and any interest therein, to Auctioneers, and YOU will give up any and all rights with respect to such Lot(s). Lots that have been abandoned to Auctioneers may be retained by Auctioneers, sold at a subsequent auction, or otherwise disposed of. YOU will not be entitled to any proceeds from the sale of any abandoned Lot(s). Subject to applicable law, beginning __________ (___) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of _______________ Dollars ($__________) per Lot will accrue on a daily basis, and Auctioneers will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges.
35. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of $__________. In addition to the foregoing, Auctioneers will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.
36. No Stop Payment Orders or Credit Card Chargebacks. YOU agree that YOU will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and YOU acknowledge and agree that on Auctioneers’ presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneers. If, in violation of these Bidder Terms and Conditions, YOU issue a stop payment order or initiate a credit card chargeback, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneers and/or Trustee in challenging the stop payment order or credit card chargeback and/or in collecting payment. YOU acknowledge and agree that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number or Bidder Account to YOU, and is being made as an inducement for Auctioneers to accept YOUR Bidder Registration, to issue a Bidder Number or Bidder Account to YOU, and to permit YOU to bid at the Auction. YOU acknowledge and agree that Auctioneers are relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting YOUR Bidder Registration and in permitting YOU to bid at the Auction.
37. Claims. After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf (including, without being limited to shipped Lots) and/or after the date posted by Auctioneers (regardless of whether the Lot has been removed from the Auction Site), no claims, returns, adjustments, or rescissions will be allowed for any reason, including, without being limited to, any alleged failure of a Lot to correspond with any standard and/or expectation.
38. Buyer Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. Unless expressly provided otherwise in these Bidder Terms and Conditions, to the extent that YOU may be entitled to damages or remedies, the sole and exclusive remedy available to YOU is a return of the Hammer Price actually paid. Under no circumstances will Auctioneers or the Trustee be liable for incidental or consequential damages, including, without being limited to, lost profits or reduced productivity. YOU acknowledge and agree that YOU are not entitled to specific performance or other equitable relief. THE INABILITY, IMPRACTICABILITY, OR OTHER FAILURE OF AUCTIONEER OR TRUSTEE TO DELIVER A CERTIFICATE OF TITLE FOR ANY VEHICLE WILL NOT CONSTITUTE A BREACH BY AUCTIONEER OR TRUSTEE, PROVIDED THAT A BILL OF SALE OR, IN AUCTIONEERS’ DISCRETION, A BONDED TITLE IS PROVIDED.
39. Trustee Remedies. If YOU breach YOUR obligations under these Terms and Conditions or under a sale contract with the Trustee of any Lot(s), the Lot(s) may be resold and YOU will be responsible for any and all damages, including any deficiency or reduction in the Contract Price, along with incidental damages.
40. Indemnification. YOU agree to indemnify and hold Auctioneers and Trustee harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Without limiting the generality of the foregoing sentence, YOU accept responsibility for, and agree to indemnify, defend and hold harmless Trustee and Auctioneers, and each of them, and their respective employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, attorneys, and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with YOUR participation in the Auction, including, without being limited to, personal injuries, property damage, or financial loss, incurred by YOU or any other person or entity at the including, without being limited to, access to or use of any Online Auction Platform, access to or presence at the Auction Site, and/or removal, transport, use, or subsequent sale of any Lot(s).
41. Private Sale. YOU agree not to enter into, or to agree to enter into, a Private Sale for the purchase of any Property included, or scheduled to be included in, the Auction, prior to or during the Auction. If YOU purchase any Property included in, or scheduled to be included in, the Auction in a Private Sale prior to, or during, or within ten (10) days after the Auction, Auctioneers will be entitled to receive an amount equal to Auctioneers’ full Commission and Buyer’s Premium, and YOU and Trustee will be jointly and severally responsible for the payment of such amount.
42. Relationship of the Parties. Auctioneers are acting solely as Trustee’s agent. Auctioneers are not YOUR agent, and doe not represent YOU. Unless expressly stated otherwise in writing, Auctioneers are providing services as an independent contractor for Trustee only, and is not responsible for statements made by other parties.
43. Mailing List. Auctioneers may use Bidder Registration information to notify previously registered Bidders (by email or otherwise) about future Auctions and events. YOU may opt out of receiving such notifications by providing written notice to Auctioneers.
44. Audio and Video Recording; Photographs. The Auction Site may be subject to security surveillance, including video, audio, and photographic recording. Video, audio, and photographic recording may also be taken by Auctioneers and used on Auctioneers’ website, or, otherwise, in advertising and/or for other commercial purposes. As a condition to, and in consideration of, YOUR presence at the Auction Site, YOU acknowledge and agree that such video, audio, and photographic recordings may be made, and that YOU may be included on such video, audio, and photographic recordings, and YOU consent to the same. YOU further agree that Auctioneers may use any such images or recordings in advertising and/or for other commercial purposes on a royalty-free basis with no further consideration or remuneration to YOU.
45. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the State of Nevada, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Carson City, Nevada, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. YOU irrevocably and unconditionally (i) agree that any claim, suit or cause of action relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for in and for Carson City, Nevada; (ii) consent to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waive any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waive any objection to the bringing of such claim, suit, or cause of action in such courts on the grounds inconvenience. YOU WAIVE THE RIGHT TO A JURY TRIAL.
46. Attorneys’ Fees. YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneers and/or Trustee will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.
47. Acceptance of Bidder Terms and Conditions. YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Bidder Terms and Conditions, and that YOU have read these Bidder Terms and Conditions, YOU understand these Bidder Terms and Conditions, and YOU accept and agree to be bound by these Bidder Terms and Conditions.
48. Waiver. CERTAIN PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS ARE FOR THE EXCLUSIVE BENEFIT OF AUCTIONEERS AND/OR TRUSTEE. SUCH PROVISIONS, INCLUDING, WITHOUT BEING LIMITED TO, BIDDER REGISTRATION AND QUALIFICATION REQUIREMENTS, PAYMENT TERMS, REMOVAL AND DELIVERY TERMS, AND INSPECTION TERMS, DO NOT CREATE, AND WILL NOT BE DEEMED TO CREATE, ANY BENEFITS OR RIGHTS IN FAVOR OF ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS, AND MAY NOT BE ENFORCED BY ANY OTHER PERSONS. EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS, AUCTIONEERS AND/OR TRUSTEE MAY (BUT WILL NOT BE REQUIRED TO) WAIVE ANY PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS THAT ARE INTENDED FOR THE BENEFIT OF AUCTIONEERS AND/OR TRUSTEE.
49. COVID-19. YOU understand that there are risks associated with being in the proximity of others during to the COVID-19 virus pandemic, and YOU understand the COVID-19 virus’s highly contagious nature. YOU voluntarily agree to release, indemnify, defend and hold harmless, Auctioneers, Trustee, and their respective agents and employees, from any and all liabilities, claims, losses, causes of action or expense of any kind related, in any way, to bodily injury or infection associated with the COVID-19 virus as a result of YOUR presence at the Auction Site. YOU, further, acknowledge and agree that YOU are accepting those risks for YOURSELF and for any participant(s) who may accompany YOU to the Auction Site, or who may handle Property from the Auction Site. YOU further acknowledge and agree that YOU are familiar with local, state and federal guidelines and executive orders related to the COVID-19 virus and social distancing, and that YOU are participating in the Auction of YOUR own free will.