BIDDER Terms & Conditions of Sale
1. All articles are sold ?AS IS, WHERE IS? and with no warranties or guarantees of any type either expressed or implied by VICARI AUCTION COMPANY, the Auction Company (hereinafter called ?VAC?). Any warranties made by the Seller/Owner must be in writing on an instrument separate from the Purchase Invoice & Bill of Sale and signed by both the Bidder/Buyer and Seller/Owner. In no event shall VAC, the auctioneer or any employee, agent or associate of VAC be responsible or liable for any such warranties, guarantees or the genuineness or description of any article offered for sale. VAC offers NO warranty of any sort for any vehicle consigned to a VAC Auction. Bidder/Buyer agrees that its purchase of a vehicle shall be based relying entirely upon Bidder/Buyer?s own examination thereof. Bidder/Buyer acknowledges that all sales are final and ?AS IS, WHERE IS? without warranty of vehicle history, condition, title, options, specifications, fitness for a particular purpose, and/or merchantability. Bidder/Buyer accepts full responsibility and sole liability for the vehicle purchases as of the fall of the hammer and agrees to reimburse VAC and/or the Seller/Owner for any expenses resulting from moving, storing, and otherwise handling such vehicle and assumes full responsibility and sole liability with respect to such vehicle prior to release thereof to Bidder/Buyer and removal by Bidder/Buyer from the auction premises. 2. All statements printed in catalogs, ads, brochures, signs, vehicle cards, and on the Vicari Auction website, as well as verbal statements made by the auctioneer or staff or announcements made on the date of sale, have come from the Seller/Owner, and VAC has not independently verified same. VAC assumes no responsibility or liability for representations made by any Seller/Owner and shall have no obligation to verify or authenticate such statements or claims. Any announcements made on sale day supersede printed information in the catalogs, ads, website, brochures, signs and vehicle cards. BIDDER/BUYER ACKNOWLEDGES BY SIGNING THE APPROPRIATE FORMS PROVIDED, THAT HE/SHE/IT WILL NOT HOLD VAC RESPONSIBLE FOR ANY REPRESENTATIONS FOR STATEMENTS MADE BY ANYONE BEFORE, DURING OR AFTER THE SALE, ABOUT THE VEHICLES BEING SOLD. 3. Payment of funds due from Bidder/Buyer from any other transaction may, at VAC?s discretion, be withheld from Bidder/Buyer and applied to other purchase(s) made by Bidder/Buyer. All payments must be made with good funds which are defined as cash, or any participating credit providing by a firm authorized by VAC, or personal/company, or cashier?s check backed by an irrevocable bank letter of guarantee stating the amount to be honored by the bank. Drafts are not acceptable. Execution of this Bidder Agreement shall constitute written permission for VAC to obtain a credit report on Bidder/Buyer. No article can be removed from the premises before making settlement/payment. Title for any titled article purchased may be withheld until Bidder/Buyer?s funds clear the Seller/Owner?s or VAC bank account. All cash payment of $10,000 or more will be reported to the Federal Government subject to applicable (Form 8300) law. Online bidders: Invoices paid by credit card will incur a 3% processing fee passed on to customers. If invoices are not paid within 72 hours, credit card on file will be charged for the invoice amount plus the credit card processing fee. 4. Unless agreed otherwise in writing by Bidder/Buyer and VAC, all articles shall be removed from the sale area by the Bidder/Buyer at Bidder/Buyer?s expense immediately following the sale, and if not so removed within 24 hours of the date of sale of the item, VAC may remove the article with all costs of moving and storage to be paid by the Bidder/Buyer. Bidder/Buyer agrees that VAC has no liability for loss or damage to items left with VAC at any place of auction and that Bidder/Buyer shall maintain insurance to cover any items purchased at the sale. 5. Failure of Bidder/Buyer to complete transaction: If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Bidder/Buyer, in addition to other remedies available by law to VAC and/or the Seller/Owner (including the right to hold the Bidder/Buyer liable for the bid price), VAC and/or the Seller/Owner, at its option, may do either of the following: (1) Cancel the sale and retain as liquidated damages all payments made by Bidder/Buyer, or (2) resell the article on five (5) days written notice to the Bidder/Buyer at a private or public sale for the account of and at the risk of the Bidder/Buyer, and in any such event the Bidder/Buyer shall be liable for any deficiency plus all costs for such reselling, including moving and storage and the entry fees and commissions for both the first and second sale and all reasonable attorney fees and court costs incurred. 6. All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced, or otherwise published are incorporated herein by reference. 7. If any check given in payment is dishonored for any reason, including but not limited to, insufficient funds, stop payment or the like, Bidder/Buyer agrees, whether such check is signed by Bidder/Buyer as maker or endorser, that if such check is placed in the hands of an attorney for collection, to pay all reasonable attorney?s fees incurred, together with all court costs and associated expenses in the event suit is instituted. 8. Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. When an article is sold with reserve, the auctioneer may bid on the Seller/Owner?s behalf in an amount not to exceed the reserve price. Any ?All in Bids? must be approved by VAC prior to close of bidding on Lot. 9. Bidder/Buyer hereby irrevocably agrees to assents to the jurisdiction of the courts of the Parish of Jefferson and the State of Louisiana in any claim or complaint or lawsuit against VAC or any of its employees or independent contractors. If Bidder/Buyer sues VAC and does not prevail, Bidder/Buyer will reimburse VAC for all reasonable legal fees and expenses connected with such suit. Bidder/Buyer hereby agrees that the laws of the State of Louisiana will govern and control in any lawsuits or court actions that Bidder/Buyer or anyone else may institute against VAC. 10. Bidder/Buyer shall pay all city and state sales, use and other taxes assessed, due to or resulting from the Bidder/Buyer?s purchase. Bidder/Buyer also agrees to pay the Buyer?s Premium and any other applicable fees. 11. This instrument together with the Bidder?s Registration Card, Clerk Ticket, Consignment Information, Selling Agreement, Purchase Invoice, Bill of Sale, and any document signed by either party at the conclusion of the sale comprise the entire agreement of the parties and shall be binding on them and their respective heirs, personal representatives, and assigns. The instrument shall not be modified except in writing, signed by an officer of VAC in the auction block or the auction office. The above instruments constitute an agreement between the Buyer, Seller/Owner and VAC and shall be interpreted in accordance with the laws of the State of Louisiana. 12. Payment for vehicle is to be immediate and made directly by Buyer to VAC. VAC will pay the Seller/Owner within 15 working days of the end of Auction or funds being confirmed whichever is longer. Bidder/Seller acknowledges that all vehicles sales that occur require a commission being paid to VAC. 8% for vehicle lots will apply to final hammer price. All collectible lots require a 15% commission be paid. These amounts can be adjusted at the discretion of VAC. Phone bidders will incur an additional 4% to the final purchase price. Online bidders will incur an additional 3% to the final purchase price. 13. Bidder/Buyer agrees that if purchasing a vehicle with a non-conforming VIN, that Bidder/Buyer will assume all responsibility in getting a physical/state inspection. VAC will also not assume any responsibility for obtaining a title for a vehicle with a foreign title. 14. Make checks payable to Vicari Auction Company
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