Memorabilia Online Part 2

PLEASE NOTE: The items in this sale are based in Switzerland. Archival imagery used within this sale comes from Girardo&Co with full rights obtained for internet usage. Due to conversions from US dollars some estimates may fluctuate when displayed in alternative currencies. Bidder Information PAYMENT Payment is due by 17:00 UK time on the next business day following the auction. Credit card payments are accepted for purchases up to CHF 5’000. For purchases exceeding CHF 5’000, payment must be made by bank transfer. ADDITIONAL FEES Buyer’s Premium for Automobilia / Memorabilia is at a rate of 30% (including applicable taxes). The amount due is the final bid amount of each lot and the Buyer’s Premium. Buyers are responsible for any local taxes or duty on any lots purchased. International bidders are responsible for any applicable import duties. SHIPPING AND INSURANCE Lots can be collected by appointment only (from the St Gallen area of Switzerland) between the dates of 13-27 November 2024, subject to cleared payment. Shipping of items is available through FedEx, subject to cleared payment following acceptance of our official shipping estimate. At additional cost, FedEx can provide ‘Declared Value’ coverage, alternatively buyers can arrange their own insurance coverage. Alternatively, buyers can arrange by appointment their own third-party courier to collect their purchases. A packing fee will be applicable. 1. Conditions of Sale. By registering to bid or placing a bid on any item consigned to auction (collectively, a “Lot”) with Broad Arrow Auctions LLC and its affiliated companies (herein referred to as “BA”), whether you do so directly, through an agent, or through anyone else that obtains control of your bidding credentials or bid paddle (collectively, “Bidder”), Bidder agrees to the following conditions of sale — together with any conditions of sale posted in the auction room, auction catalog, or online through www.broadarrowauctions.com at the time of your bid, and including any Lot notices or addenda (whether published in a catalog, on-site at an auction, online at www.broadarrowauctions.com, or announced before the sale of a Lot) (collectively, the “Conditions”). Bidder agrees the Conditions are binding upon Bidder’s agents, heirs, executors, legal representatives, successors, and assigns. No person may bid at a BA auction without first registering with BA and providing an acceptable form of government-issued identification and evidence of adequate financial capability, and BA may accept, reject, or condition such registration in any way at its sole discretion. BA reserves the right to request additional information that supports identity and/or financial capability from any Bidder for purposes of registering to bid or placing a bid on any Lot. 2. BA Acts as Consignor’s Agent. All Lots are offered at auction by BA as the agent for the Lot’s seller (“Consignor”) and not on behalf of BA directly, unless otherwise disclosed. At the conclusion of the auction of each Lot, a sales contract is formed directly between Consignor and the winning Bidder of the Lot (if any). BA is not a party to that sales contract, and BA shall have no liability or responsibility for any breach or default by Consignor. Occasionally, BA may have a legal, beneficial, or financial interest in a Lot, which will be disclosed (e.g., through auction catalog symbols within a Lot description). 3. Reserve Prices and Estimates on Lots. A Consignor may offer a Lot subject to a “Reserve” (i.e., the minimum sale proceeds acceptable to Consignor before Consignor’s applicable commissions or expenses). As is common practice in auctions, all Lots are offered subject to a Reserve unless otherwise disclosed and a Reserve is confidential with the Consignor and not disclosed to the public. A Consignor may lower (but not increase) the Reserve at any time. BA may at its sole discretion sell any Lot below its Reserve. The amount of the Reserve will always be an amount lower than or equal to any published low estimate of the Lot. Any published estimates of a Lot are illustrative and subjective opinions on expected Hammer Price prepared in advance of a BA auction, and Bidder agrees not to rely upon any Lot estimates as an indication of the Lot’s value. Lot estimates are subject to change and may be amended either orally or in writing before or at a BA auction, and BA shall have no liability regarding any Lot estimates under any circumstances. 4. Role of Auctioneer. The auction of the Lot will be conducted by BA’s on-site or online representative (“Auctioneer”), who will solicit and accept bids aided by other personnel as determined by BA. BA and its auctioneer will have sole and absolute discretion with regard to the Lot as to: (a) whether to accept or reject bids in any amount; (b) whether and in what amount to place bids on behalf of Consignor up to and including the Lot’s Reserve, if the Lot is offered subject to a Reserve; (c) the conduct of the auction (including bid increments, use of a bid display or currency converter, whether to restart the auction of the Lot in whole or in part for any reason, whether to withdraw the Lot from auction for any reason or cancel the auction, and settling any disputes regarding bidding on the Lot); (d) recognition of any sale to Bidder at the auction or whether the Lot has instead been “passed” for sale at the end of its auction; and (e) whether to rescind or terminate the sale of any Lot if BA determines in its sole discretion that it cannot complete the transaction for any reason, in which case BA shall refund any payment by Bidder that has not yet been transferred to Consignor as well as any Buyer’s Premium paid to BA in full satisfaction of BA’s obligations, and Bidder shall have no further remedy of any kind against BA notwithstanding anything to the contrary in the Conditions. Bidder agrees that BA shall have no liability whatsoever to Bidder or any other party for the exercise of any of the foregoing rights, or for any errors in the execution or failure to execute any bid in any medium, including bids submitted online, over the phone, or via absentee bid, regardless of any circumstances. 5. Use of Bid Display or Currency Converter. For the avoidance of doubt, the bid price stated by the Auctioneer is the prevailing and binding bid price. BA may use a bid display or currency converter, which is provided solely for bidder convenience, may not reflect real-time bids or currency conversions, and should not be relied upon by any bidder. Errors, inaccuracies, and time delays may occur in the operation of a bid display or currency converter. Neither BA nor its agents shall be responsible for any errors or omissions in any bid display or currency converter. 6. Sales Proceeds and Buyer’s Premium. Where Bidder is the winning bidder of the Lot, Bidder is responsible for promptly paying to BA the following “Sales Proceeds”: (a) the last accepted auction bid once the Lot has cleared its Reserve, if any (the “Hammer Price”); (b) the applicable “Buyer’s Premium” based on the Hammer Price of the Lot; and (c) all applicable taxes and duties, expenses, and other disclosed fees. Unless otherwise modified in writing by BA for a particular auction or Lot, BA’s standard Buyer’s Premium is: (i) if the Lot is a motor car, then the sum of twelve percent (12%) of the first $250,000 of the Hammer Price and ten percent (10%) of the amount by which the Hammer Price exceeds $250,000; and (ii) if the Lot is not a motor car (including but not limited to memorabilia, automotive parts or accessories, motorcycles, boats and watercraft, trailers and machinery, books, photographs, posters, art, jewelry, and furnishings), then twenty-five percent (25%) of the Hammer Price. 7. Payment Method and Deadline. Unless prior arrangements have been agreed to by BA, Sales Proceeds are due in full to BA by the winning Bidder by 5pm ET the first business day following the auction (the “Payment Deadline”). All payments must be made in U.S. funds by wire transfer, certified bank check, cashier’s check, or with prior approval of BA’s finance department, personal or company check. For non-motor car purchases only, Bidder authorizes any credit card on file with BA to be charged for Sales Proceeds up to and including $5,000. Purchases by credit card shall be subject to a service fee of 3.49% of the portion of the Sales Proceeds charged to a credit card. At BA’s discretion, the sale of the Lot may be invoiced to any Bidder by BA (whereby all Sales Proceeds will be received by BA), or implemented and documented directly between Consignor and the Bidder (with some or all of the Hammer Price paid by the Bidder to Consignor, and the remainder of the Sales Proceeds separately invoiced and paid to BA). 8. Non-Payment by Bidder. Bidder agrees that in the event of any non-payment by Bidder of the full Sales Proceeds by the Payment Deadline, BA shall be entitled to in its sole discretion exercise one or more of the following remedies, without notice to Bidder and in addition to any other remedies BA may have available at law or in equity: (a) remove and store the Lot at the risk, cost, and expense of Bidder and enforce payment against Bidder of the full Sales Proceeds and all other Lot storage fees, late charges, and costs of collection (including attorney’s fees), including by seeking either damages or specific performance; (b) cancel the sale of the Lot or any other Lot to Bidder, and return the Lot to Consignor or sell the Lot to another person, whether by auction or private sale, with or without Reserve, and hold Bidder liable for the (i) applicable Buyer’s Premium based on the original Hammer Price of the Lot and (ii) payment of any deficiency in the Sales Proceeds upon resale plus all costs and expenses of resale, attorney’s fees, late charges, and any incidental damages; (c) charge Bidder interest on the unpaid Sales Proceeds from the Payment Deadline in the amount of one and one-half percent (1.5%) per month, or the maximum amount allowed by law, whichever is less; (d) offset any sums due from BA to Bidder against the outstanding Sales Proceeds, or retain or sell any proceeds or property of Bidder in BA’s possession or control and apply the net sale proceeds from such sale against the outstanding Sales Proceeds; (e) repossess any Lot from Bidder for which the Sales Proceeds are overdue and resell such Lot; or (f) reveal Bidder’s identity and contact information to Consignor for Consignor to exercise any available remedies. 9. Non-Removal by Bidder. Unless prior arrangements have been agreed to by BA, the Lot must be removed by the Payment Deadline. Bidder agrees that if the Lot is not removed by the Payment Deadline, then BA shall have the right (but not the obligation) to remove and store any Lot at Bidder’s sole risk and expense at a daily rate of $50 (and Bidder authorizes BA to charge such expenses to any valid credit card or account of Bidder on file), and Bidder shall be responsible for all costs of removal, storage, transportation, and handling, at a storage location of BA’s choice. Bidder hereby grants BA an irrevocable power of attorney to remove and store such Lot at Bidder’s expense. Except in BA’s sole discretion, no Lot shall be released to Bidder until the Sales Proceeds have been fully paid and Bidder has fully complied with the Conditions. 10. Bidder Representations and Warranties. By participating in a BA auction and/or bidding, Bidder represents and warrants that: (a) Bidder is complying with and agrees to comply with all applicable laws, rules and regulations, and the Conditions; (b) neither Bidder nor any guest of Bidder (including any entity that owns either in whole or in part or other third person where Bidder is the agent of a principal) is subject to restrictions on trade, including embargoes or sanctions under the laws of the United States, European Union, Scotland, England and Wales, Switzerland, or other applicable jurisdictions, Bidder’s purchase of and payment for a Lot are not connected with any criminal activity (including money laundering, tax evasion or terrorist financing), and Bidder is neither under investigation for nor has been charged with or convicted of such criminal activity; (c) Bidder has the financial ability and intention to pay the Sales Proceeds for any Lot on which Bidder bids, and Bidder is acting as a principal when bidding unless BA expressly agrees in writing before Bidder places a bid that Bidder acts as an agent for another disclosed principal; (d) Bidder and any guest of bidder attending or participating in a BA auction agrees to comply with all applicable policies and procedures BA may communicate, including any posted signage or notices; (e) Bidder is responsible for any damage to a Lot by Bidder and any guest of bidder, whether negligently or intentionally, and Bidder agrees to be liable for all resulting damage and loss and shall pay or reimburse BA (and its principal or agent, as the case may be) in full to compensate for any such damage; (f) any bid made by Bidder is binding and irrevocable, and Bidder may not change or rescind any bid once made; (g) Bidder is solely responsible for Bidder’s own diligence before bidding on any Lot and Bidder is solely relying upon Bidder’s own inspection of the Lot, and BA makes no representations or warranties regarding the Lot (including whether any Lot satisfies any emissions standards, can be exported to any jurisdiction, or otherwise regarding the mechanical or cosmetic quality or condition, history, authenticity, originality, title, registration, safety or roadworthiness of any Lot); (h) Bidder has not relied on any BA description, inspection, or condition report of the Lot, Bidder shall not be entitled to rely on any oral statement made by anyone regarding the Lot, including by BA or any of its agents, and Bidder shall hold BA harmless for any oral or written statements in any medium made by BA that accurately repeat the Lot information supplied by Consignor or any description approved by Consignor; and (i) BA shall not be liable for any loss, damage, or injury sustained by any Bidder and any guest of Bidder while attending a BA auction or on BA’s premises (including the premises where an auction, pre-auction preview, inspection or test drive of any Lot may be conducted), except where such loss, damage, or injury is caused by the sole negligence or intentional act of BA, its agents, or employees. 11. ALL LOTS ARE SOLD AS IS, WHERE IS, AND BA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. ALL LOT SALES ARE “AS IS, WHERE IS” AND “WITH ALL FAULTS” AND NEITHER BA NOR CONSIGNOR MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER REGARDING ANY LOT. BIDDERS ARE STRONGLY ENCOURAGED AND SOLELY RESPONSIBLE FOR INDEPENDENTLY INSPECTING ANY LOTS BEFORE BIDDING, AND BIDDERS MUST SATISFY THEMSELVES AS TO THE CONDITION OF THE LOTS AND ALL MATTERS REGARDING LOTS BEFORE BIDDING, INCLUDING HISTORY, AUTHENTICITY, ORIGINALITY, ANY NECESSARY OR DESIRED REPAIRS, RESTORATION, OR MISSING PARTS AND ACCESSORIES, AND APPLICABLE DUTIES AND TAXES. BA AND CONSIGNOR HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES RELATING TO THE CONDITION, HISTORY, AUTHENTICITY, OR ORIGINALITY OF A LOT, TITLE OR REGISTRABILITY OF A LOT, ROADWORTHINESS OR MERCHANTABLE QUALITY OF A LOT, OR THAT A LOT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO STATEMENT OR INFORMATION SET FORTH IN ANY CATALOG OR LOT DESCRIPTION, NOR ANY ESTIMATES, INVOICE, BILL OF SALE, TITLE DOCUMENT, CONDITION REPORT, NOTICE, ADVERTISEMENT, OR ANY OTHER WRITING OR ANY ORAL STATEMENT REGARDING A LOT SHALL BE DEEMED TO CREATE ANY WARRANTY OR REPRESENTATION ABOUT A LOT. 12. Transfer of Ownership and Risk. The Lot shall remain Consignor’s property until BA or the Auctioneer has announced the sale of the Lot, at which point ownership rights to the Lot and all risk of loss of the Lot will transfer from Consignor to a Bidder. The Bidder is then responsible for and assumes all risk of loss or damage to the Lot. BA, and its employees, officers, directors, and agents, shall not be liable for any loss or damage to any Lot at any time, and Bidder shall look solely to its own insurance for any theft, loss, or damage to the Lot during Bidder’s ownership. 13. TRANSFER OF TITLE, EXPORT, AND REGISTRATION. Unless BA manages title reassignment or registration of a Lot on Bidder’s behalf, Bidder is responsible for obtaining necessary title, ownership, and registration documentation for the Lot, and BA makes no representations or warranties regarding title, ownership, or registration (except that Consignor has represented to BA that Consignor has the authority to sell such Lot). Notwithstanding, BA can provide reasonable assistance in coordinating the transfer of certain title or ownership (where applicable) to Bidder at Bidder’s expense. Certain Lots may be sold with a “Title in Transit” such as where Lot titles have liens, Lots are sold subject to non-U.S. registration documents, or Lot titles are not yet in BA’s possession. Title in Transit means that Bidders should expect longer lead times for receiving title (where applicable), which may exceed 30 days following the auction, depending on processing times at various Departments of Motor Vehicles in applicable states or other third parties. Unless prior arrangements have been agreed to by BA, Bidder is responsible for registering a motor car at its final destination promptly upon receipt of a title. Bidder shall also be solely responsible, including the payment of any costs or fees, for timely obtaining any necessary licenses or permits to export a Lot out of the United States and/or to import a Lot into a foreign jurisdiction. Bidder is responsible for paying all federal, state, city, and any and all other taxes due, unless exempt by law. Bidder is responsible for supplying any proof of exemption, which is subject to BA’s verification. In any jurisdiction where BA is not a registered motor vehicle dealer or where BA does not collect sales tax and registration fees on registrable vehicles, or in the event BA fails to collect such taxes or fees for any reason, Bidder shall be solely responsible for the payment of any sales or use taxes arising from the sale and delivery of any Lot. BIDDER HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BA AGAINST ANY CLAIMS, DAMAGES, LOSSES, OR ASSESSMENTS BY ANY COUNTRY, STATE, COUNTY, CITY, OR OTHER GOVERNMENTAL AGENCY FOR ANY FAILURE TO REGISTER A MOTOR CAR LOT, FOR ANY UNPAID SALES OR USE TAXES, AND FOR ANY UNPAID DOCUMENTATION AND LICENSING FEES (INCLUDING ANY INTEREST AND PENALTIES THAT MAY ACCRUE OR BE ASSESSED THEREON) ARISING FROM OR RELATED TO THE SALE OF A LOT TO BIDDER. 14. Post-Sale Lot Issues. If Bidder promptly raises a claim regarding a Lot after purchase before BA has paid Consignor the Hammer Price, BA in its sole discretion may retain some or all of the Hammer Price and attempt to broker a solution among Consignor and Bidder. In such event, and if BA in its sole discretion deems Bidder’s claims valid, then BA may cancel or rescind the sale of the Lot and reimburse Bidder any portion of the Hammer Price still in BA’s possession. PLEASE READ THIS SECTION 15 CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES. 15.1. GOVERNING LAW AND BINDING ARBITRATION. The Conditions and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to the Conditions or a Lot, or the negotiation, execution or performance of the Conditions (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with the Conditions), shall be governed by and enforced in accordance with the laws of (a) the State of Michigan (in cases where Bidder is not a resident of the state where the Lot is auctioned) or (b) the state where the Lot is auctioned (in cases where Bidder is a resident of the state where the Lot is auctioned), without regard to choice of law principles. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE CONDITIONS, A LOT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THE CONDITIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THE CONDITIONS SHALL EXCLUSIVELY BE SUBJECT TO ARBITRATION. THE PARTIES SHALL PROCEED TO ARBITRATION NEAR DETROIT, MICHIGAN, OR ANOTHER MUTUALLY AGREEABLE VENUE, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES UNDER ITS EXPEDITED PROCEDURES (AVAILABLE AT WWW.ADR.ORG/RULES). FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $25,000 OR LESS, THE AAA, BIDDER, AND BA MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that either Party brings action against the other, arising from or relating to the Conditions or a Lot, the prevailing Party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals. 15.2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, BIDDER AGREES BA’S MAXIMUM LIABILITY RELATED TO THE CONDITIONS OR A LOT IS EQUAL TO THE GREATER OF (A) THE AMOUNT OF BUYER’S PREMIUM THAT BIDDER ACTUALLY PAID TO BA (IF ANY), AND (B) THE ADMISSION OR REGISTRATION FEES BIDDER PAID (IF ANY) OR THAT WERE APPLICABLE TO ATTEND THE BA AUCTION OF THE LOT OR BID ON THE LOT. BIDDER HEREBY EXPRESSLY AND KNOWINGLY WAIVES AND AGREES NOT TO SEEK ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE CONDITIONS OR ANY LOT, INCLUDING ANY LOST PROFITS, REGARDLESS OF THE ACTS OR OMISSIONS OR FAULT OF BA. 15.3. WAIVER OF JURY AND CLASS ACTION RIGHTS. THE PARTIES AGREE THAT BY ENTERING INTO THIS AGREEMENT, THEY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH OF THEIR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. 16. Entire AND CONTINUING Agreement. The Conditions constitute the entire agreement between BA and Bidder and except as stated herein, contain all of the representations, conditions, and warranties between them with respect to any purchased Lot and their relationship. For the avoidance of doubt, these Conditions shall govern the Parties at any future BA auctions and by bidding at any future such auction, Bidder re-affirms their consent to be governed by these Conditions. The Conditions may only be modified or superseded in a writing signed by BA’s duly authorized representatives. 17. Construction and Severability. If any term of the Conditions is invalid or unenforceable, that term shall be deemed modified or deleted, but only to the extent necessary to comply with the statute, regulation, ordinance, order, or rule, and the remaining provisions of the Conditions shall remain in full force and effect. The Parties agree that any rule of law providing that ambiguities shall be construed against the drafting party, shall be of no force or effect. Time is of the essence for Bidder’s performance of the Conditions. 18. Notice. Any notice to be given by any Party may be given by Federal Express, UPS, USPS, or similar registered courier with copies sent via email to Bidder’s email on file and to BA at BALegal@hagerty.com. 19. Client Confidentiality and Anti-Money Laundering. BA shall not be required to disclose the identity of any Consignor to Bidder without a court order or except in accordance with government regulations. Bidder acknowledges BA may use information provided by Bidder for identity verification using third-party service providers for KYC (Know Your Client) and AML (Anti-Money Laundering) compliance. Bidder agrees to provide all information and assistance reasonably requested by BA to comply with KYC/AML processes, laws, and regulations. 20. Privacy Policy. Bidder consents to BA and its partners storing and using Bidder’s personal information in accordance with BA’s privacy policy, located on www.broadarrowauctions.com. If Bidder has questions regarding the use of personal information, or wishes to unsubscribe to any services, please email privacy@hagerty.com. 21. Copyright Policy. BA owns or licenses the copyright in all photographs, videos, and descriptions of any Lots created by or for BA, and BA in its sole discretion shall have the right to use, reproduce, and publish any of them for any purpose in any media at any time. Bidder shall have no right, title or interest to any of the foregoing in the event of buying a Lot, and Bidder agrees not to use, reproduce, or publish such copyrighted materials without BA’s prior written consent. 22. Likeness. Bidder and any guest of Bidder grant all necessary rights to BA and agree BA has permission and license to use their likeness for video, photography, and any other recording, display, broadcast, or publication for any and all purposes (including advertising and marketing purposes) at any time. Bidder and any guest of Bidder waive all rights or claims (including rights of privacy and publicity) that might arise from such use under any applicable law. 23. No Tax or Legal Advice. Bidder is solely responsible for ensuring its own tax compliance with all amounts due under the Conditions. Bidder authorizes BA to collect any taxes, duties, VAT, or any other applicable tax on Bidder’s behalf, where required by law. BA has not provided Bidder with any tax or legal advice in connection with the Conditions, and Bidder has had an opportunity to consult its own tax or legal advisors regarding the Conditions. For the avoidance of doubt, BA makes no representations regarding Bidder’s ability to claim any tax exemption in connection with any purchase of any Lot, including any Lot with proceeds designated for charity in whole or in part. 24. EU Consumer Protection Rights for Certain Online-Only Auctions. For certain online-only auctions, if (a) Bidder is a “consumer” (i.e., acting for purposes that are mainly outside its trade, business, craft, or profession) who habitually resides in the European Union or United Kingdom and (b) Consignor is a “business” or “trader” (i.e., acting for purposes relating to its trade, business, craft, or profession, whether personally or through another person), then the Bidder may have the right to cancel the online purchase of goods (the “Consumer Cancellation Right”) under certain countries’ laws during the period of fourteen (14) calendar days after the Bidder or their designated agent acquires physical possession of the Lot. If such a Bidder exercises the Consumer Cancellation Right, BA will notify Consignor and cancel the sale of the Lot. A Bidder who exercises the Consumer Cancellation Right is responsible for any and all expenses associated with the Lot, including transportation, storage, insurance, duty, and taxes. If a Bidder exercises the Consumer Cancellation Right, such Bidder bears all risk of loss, and is therefore advised to insure the Lot until Consignor retakes possession. BA reserves the right to make the reasonable determination as to whether a Consignor meets the definition of a business or trader under this section. 25. CALIFORNIA CAR BUYER’S BILL OF RIGHTS. Pursuant to California law, BA offers any Bidder who buys a used motor car at a California auction for less than $40,000 the option to purchase a two-day cancellation option agreement, which is subject to statutory conditions and exceptions. Please note there is no cooling-off period unless Bidder purchases such an agreement. ADDENDUM – TERMS AND CONDITIONS APPLICABLE TO UK AND EUROPEAN AUCTIONS FOR AUCTIONS OF ANY LOTS LOCATED IN THE UNITED KINGDOM, EUROPE, OR SWITZERLAND, THE FOLLOWING TERMS SHALL GOVERN AND SUPERSEDE THE TERMS AND CONDITIONS ABOVE. Section 1. The reference to “Broad Arrow Auctions LLC” shall be deleted and replaced with “Broad Arrow Group UK Limited”. Section 6. Section 6 shall be deleted in its entirety and replaced with the following: Where Bidder is the winning bidder of the Lot, Bidder is responsible for promptly paying to BA the following “Sales Proceeds”: (a) the last accepted auction bid once the Lot has cleared its Reserve, if any (the “Hammer Price”); (b) the applicable “Buyer’s Premium” based on the Hammer Price of the Lot; and (c) all applicable taxes and duties, expenses, and other disclosed fees. Unless otherwise modified in writing by BA for a particular auction or Lot, BA’s standard Buyer’s Premium is: (i) if the Lot is a motor car, then the sum of fifteen percent (15%) (plus VAT on the Buyer’s Premium) of the first £200,000, €200,000, or ₣200,000 of the Hammer Price and twelve and one-half percent (12.5%) (plus VAT on the Buyer’s Premium) of the amount by which the Hammer Price exceeds £200,000, €200,000, or ₣200,000; and (ii) if the Lot is not a motor car (including but not limited to memorabilia, automotive parts or accessories, motorcycles, boats and watercraft, trailers and machinery, books, photographs, posters, art, jewelry, and furnishings), then twenty-five percent (25%) (inclusive of VAT on the Buyer’s Premium) of the Hammer Price. Section 7. Section 7 shall be deleted in its entirety and replaced with the following: Unless prior arrangements have been agreed to by BA, Sales Proceeds are due in full to BA by the winning Bidder by 5pm BST the first business day following the auction (the “Payment Deadline”). All payments must be made in British Pound Sterling (GBP), Euros, or Swiss Francs—in the local currency where the applicable Lot is located—with funds payable by wire transfer. For non-motor car purchases only, Bidder authorizes any credit card on file with BA to be charged for Sales Proceeds up to and including £5,000 (for Lots sold in GBP), €5,000, (for Lots sold in Euro), ₣5,000 (for Lots sold in CHF). Purchases by corporate card shall be subject to a service fee of up to 3.49% of the portion of the Sales Proceeds charged to a corporate card. At BA’s discretion, the sale of the Lot may be invoiced to any Bidder by BA (whereby all Sales Proceeds will be received by BA), or implemented and documented directly between Consignor and the Bidder (with some or all of the Hammer Price paid by the Bidder to Consignor, and the remainder of the Sales Proceeds separately invoiced and paid to BA). Section 9. Section 9 shall be deleted in its entirety and replaced with the following: Unless prior arrangements have been agreed to by BA, the Lot must be removed by the Payment Deadline. Bidder agrees that if the Lot is not removed by the Payment Deadline, then BA shall have the right (but not the obligation) to remove and store any Lot at Bidder’s sole risk and expense at a daily rate of £50, €50 or ₣50 plus VAT until the Lot is removed (and Bidder authorizes BA to charge such expenses to any valid credit card or account of Bidder on file), and Bidder shall be responsible for all costs of removal, storage, transportation, and handling, at a storage location of BA’s choice. Bidder hereby grants BA an irrevocable power of attorney to remove and store such Lot at Bidder’s expense. Except in BA’s sole discretion, no Lot shall be released to Bidder until the Sales Proceeds have been fully paid and Bidder has fully complied with the Conditions. Section 13. Section 13 shall be amended by the addition of the following to the end of the section: BA will use its reasonable efforts to assist with the transfer of ownership; however, it is the responsibility of Bidder to transfer ownership in compliance with their jurisdictional rules and regulations. Some Lots may have entered the country or jurisdiction where the Auction is held (e.g., the United Kingdom, the European Union or Switzerland) and will be sold on a temporary import bond, which must be discharged by the Buyer either by directly re-exporting the Lot or by paying the relevant customs duty, import VAT and other applicable fees to permanently import the Lot into that country or jurisdiction. Any Lot subject to temporary import restrictions cannot be released from BA’s custody without the completion of customs procedures and receipt of full payment. Customs charges will be assessed based on the Lot’s value and according to the circumstances of each sale and may be payable either to BA and/or directly to the relevant tax authority. The Buyer is solely responsible for payment of these charges. Section 15.1. Section 15.1 shall be deleted in its entirety and replaced with the following: The Conditions and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to the Conditions or a Lot, or the negotiation, execution or performance of the Conditions (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with the Conditions), shall be governed, construed, and enforced in accordance with the laws of England, without regard to choice of law principles. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE CONDITIONS, A LOT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THE CONDITIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THE CONDITIONS and whether the claims asserted are arbitrable, SHALL EXCLUSIVELY BE SUBJECT TO ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED IN ACCORDANCE WITH THE JAMS INTERNATIONAL ARBITRATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PLACE OF ARBITRATION WILL BE LONDON, ENGLAND. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS WILL BE ENGLISH. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS £25,000, €25,000 OR ₣25,000 OR LESS, JAMS, BIDDER, AND BA MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that either Party brings action against the other, arising from or relating to the Conditions or a Lot, the prevailing Party, as determined by the arbitrator or court, shall be entitled to recover its reasonable lawyers’ fees and costs, including through appeals.

If you have not contacted Broad Arrow Group to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.