Westport, CT, United States
DoneSat, Dec 7, 2013 6:30 PM UTC
Winter Classic Cars Auction
A fine selection of Packard, Mercedes, Jaguar, Chrysler classic motorcars offered at our Westport CT location.
Auction & Auctioneer Information
Friday, December 6, 2013 10:00am ? 4:00pm
Saturday, December 7, 2013 10:00am ? 12:00pm
Saturday, December 7, 2013 10:00am ? 12:00pm
Terms & Conditions
General Conditions Saturday, December 7, 2013 Conditions of Sale Kindly read the following Conditions of Sale carefully. These Conditions of Sale, as amended by any Important Notices or any verbal announcements by the Auctioneer during the Sale, set forth the terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Dragone Auctions and any Seller of such property for whom it acts as agent. The Conditions of Sale (?General Conditions?), together with the Bidder Registration Form, the Absentee and Telephone Bidder Registration Form and Important Notices, constitute the sole and entire terms and agreement between Dragone Auctions, the Seller and the Buyer under which Dragone Auctions will offer and sell the Vehicles/property in this auction and concerning the respective parties? rights and obligations with regard to the matters addressed herein. By registering to bid or placing a bid at this auction ? whether in person, through an agent or representative, by absentee bid or by telephone bid, or by online bid, or by otherwise attending or participating in the auction, each bidder, Buyer and person so attending or participating represents, warrants and covenants to and with Dragone Auctions that such bidder or Buyer or person attending or participating has reviewed, understands and accepts and agrees to be, and is, bound by all the General Conditions. Dragone Auctions as Agent* The Vehicles and other items are offered in this auction by Dragone Auctions as agent for the Seller. In limited instances Dragone Auctions may be selling a Lot as principal. Dragone Auctions, an employee, officer, agent or representative of Dragone Auctions is not responsible or liable for any breach, omission or default by the Seller or Buyer. Dragone Auctions? Rights Dragone Auctions reserves the right, in its sole discretion, to (a) withdraw any Vehicle at any time prior to or at the auction, (b) postpone or cancel the auction of any or all of the Vehicles for any reason and/or (c) reject or refuse any bid from any party before or during the auction. Each Buyer and/or bidder agrees that Dragone Auctions shall not have any liability whatsoever to any bidder for exercise of any of the foregoing rights, or for any errors in execution or failure to execute any bid(s), regardless of circumstances or events of any kind. Property Descriptions All verbal or written descriptions of the Vehicles or Property or any additional information, including, but not limited to, descriptions in any auction related materials or catalogue, press releases, postings, advertisements, announcements, any invoice or bill of sale, and any statements or affirmations made by or on behalf of Dragone Auctions prior to or at the auction, including, without limitation, any reference to a Vehicle as being a particular make, model, or type or the rarity or uniqueness or provenance thereof, are only statements of opinion and not statements of fact and do not, and shall not under any circumstances be deemed to, create or constitute representations or warranties of any kind by Dragone Auctions or the Seller. Each bidder and Buyer hereby acknowledges and agrees that they are not entitled to rely, and they each agree not to rely, upon any of such descriptions, statements, affirmations, information or materials for any purpose, and that none of the foregoing are a part of the basis of the contract of the purchase and sale of any Vehicle nor do or shall any of the foregoing supersede or modify any of the General Conditions. Certificate of Title and Registration It is the responsibility of the Bidder?s and Buyer?s to independently investigate and examine any and all documentation pertaining to the certificate of title and registration for any Vehicle provided by the Seller and made available by Dragone Auctions prior to the auction. Dragone Auctions makes no representation or warranty with respect to any existing certificate of title or registration for any Vehicle. Dragone Auctions does not guarantee or make any representation or warranty that any or all the documentation, certificate of title or registration provided by the Seller will satisfy the requirements of any state in the United States or any Foreign government, and Dragone Auctions shall not be liable under any circumstances in regards to such documentation whether or not it is acceptable, complete or adequate. The title documentation is provided by the Seller and Dragone Auctions does not assume any responsibility or liability with regard to such title documentation or the quality or marketability of title to any Vehicle. The Buyer of a Vehicle is solely responsible for complying with all registration requirements as to such Vehicle. Inspection of Vehicles It is the responsibility of the Bidder to inspect the overall condition and all other matters pertaining to the Vehicle(s) as the Bidder deems necessary prior to bidding, including, without limitation, the title, condition, value, quality, authenticity, description (not limited to the catalogue description) and whether or not any Vehicle complies with any federal, state or other laws or regulations of any kind. It is the Bidders responsibility to identify any repairs, restoration and replacement parts needed to ascertain completeness. Dragone Auctions, an employee, officer, agent or representative of Dragone Auctions does not assume any obligation to undertake a thorough inspection of the Vehicle(s) condition, repairs, restoration and/or information, including, without limitation, any catalogue or other description or announcement or affirmation. Dragone Auctions relies upon information provided by the Seller, including but not limited to, condition, provenance and repairs. Dragone Auctions cannot undertake a level of inspection necessary to obtain or verify such information provided in the catalogue. Dragone Auctions does not assume any responsibility to determine the condition of any Vehicle and any condition report is not intended to and does not negate or modify the ?As Is/No Warranty? or any other General Conditions set forth in this catalogue. Bidders are provided the opportunity to inspect Vehicles prior to the auction and are strongly encouraged to conduct and rely upon their own independent inspection and examination of any Vehicle, and all matters relating thereto, before placing any bid. Roadworthiness/Compliance Aside from any verbal or written statement, description of any kind regarding any Vehicle, whether by or on behalf of Dragone Auctions or the Seller, including, without limitation, in the catalogue for the Auction, all Vehicles are sold ?As Is? and ONLY as collector?s items. Vehicles may not be suitable for use on the road. The Buyer of any Vehicle who intends to use the Vehicle on the road is solely responsible for determining roadworthiness and for complying with all applicable regulations regarding title, registration, insurance, emission control and safety equipment. The Buyer assumes all risk of whether any such Vehicle will or does comply, and neither Dragone Auctions nor Seller shall have any liability or responsibility of any kind for failure to comply or lack of roadworthiness by any Vehicle. No Warranty ?As Is? All sales are final and are sold ?As Is?. Bidders and Buyers are strongly encouraged to inspect and examine any Vehicle(s) of interest, as to the condition of the Vehicle(s) and any other matters pertaining to the Vehicle(s) prior to bidding. Aside from any catalogue descriptions, auction announcements, advertisements, affirmations, press releases, and/or any written or verbal statements on behalf of Dragone Auctions and or the seller, whenever and however made, including, without limitation, in the catalogue, bill of sale, title documents, invoice or other writing, all sales are made without any representations or warranties of any kind. No catalogue description, auction announcement, written or verbal information, description, posting, reference, advertisement, press release, statement (verbal or written) by or on behalf of Dragone Auctions and/or Seller, whenever and however made, is intended to be, or shall be deemed to be or deemed to create, a representation or warranty or assumption of any liability by Dragone Auctions or Seller. Neither Dragone Auctions nor the Seller makes any representation or warranty of any kind, express or implied, as to title with regard to any Vehicle. Further, regardless of any announcement, statement, affirmation or description (whether verbal or written), neither Dragone Auctions nor the Seller makes any representation or warranty of any kind, express or implied, as to merchantability, fitness for a particular purpose, correctness, accuracy or adequacy of any description (including without limitation, the catalogue description), performance, roadworthiness, condition, authenticity, quality, provenance, title, rarity or historical relevance with regard to any Vehicle or whether or not any Vehicle complies with any federal or state laws, regulations or ordinances of any kind, nor does Dragone Auctions or the seller accept or assume any liability or responsibility for any of the foregoing. Dragone Auctions and the Seller hereby expressly disclaim any and all representations and warranties, including any express or implied warranties, including, without limitation, any representations or warranties relating to title, warranty for a particular purpose, merchantability, quality, value, estimates, accuracy of information or description and any warranty of condition of the Vehicle (including as to any condition report). Neither Dragone Auction, nor the seller, shall have any liability or responsibility for any errors, omissions and/or inaccuracies in any description, announcement, postings, statements, documents or materials, including, without limitation, in the catalogue, regardless when made. Each bidder and Buyer acknowledges and agrees that they are not entitled to rely and they each agree not to rely, upon any of such oral or written descriptions, statements, announcements, information or materials of any kind for any purpose. Each bidder and Buyer expressly acknowledges and agrees, that in no event shall Dragone Auctions or any director, officer, employee, agent or representative of Dragone Auctions be liable for any special, indirect, compensatory, incidental, consequential or punitive damages of any kind arising in connection with or relating in any way to the auction, any Vehicle(s), the General Conditions or any act or omission or fault of Dragone Auctions or any of its directors, officers, employees, agents or representatives, including, without limitation, any lost profit, lost appreciation, or loss of investment or lost opportunity, each and all of which are hereby expressly waived. Bidder Registration No person shall be entitled to bid at the auction without first having completed and delivered the Bidder Registration Form. Each bidder is personally responsible for any use of the paddle provided to such respective bidder for purposes of identification. Each bidder agrees that he or she is personally liable under the General Conditions for the full Purchase Price, if the paddle is used in bidding on any Vehicle(s) or non-motor vehicle property. By participating in the auction and/or bidding, each bidder and Buyer is expressly representing and warranting to Dragone Auctions that they are complying with all applicable laws and the General Conditions. Absentee and Telephone Bidding Dragone Auctions will accept absentee and telephone bids from qualified registered bidders who have executed the Absentee/Telephone Bidder Form in this catalogue and who have read, understood, and agreed to the terms and conditions of this auction. All bid amounts must be submitted in U.S. currency. A twelve percent (12%) deposit of each of the maximum bid(s) requested will be required and must accompany the Absentee/Telephone Bidder Form. Please make sure to check with Dragone Auctions after you have sent in your form and deposits to ensure that all of your paper work is in order and you have been accepted to bid at this auction. Should you have a change in plans on auction day, or as in all auctions, some Vehicles may not arrive on time, or at all, please make sure that Dragone Auctions has a daytime telephone number in case we need to speak with you before and on the auction day. A Dragone Auctions representative will be assigned to assist you before and during the auction day. This representative will call you before your item is on the auction block. A Dragone Auctions representative will execute the bid at the lowest possible price, taking into account the reserve and other bids. The auction company is not responsible for omissions, errors, or late-arriving bids. In the event that your bid(s) is unsuccessful, your deposits will be returned. Should your bid(s) be successful, these deposits will become a non-refundable deposit until payment of the balance has been received. Payment by credit card is not an available option for Vehicles, except as a deposit until full payment arrives. Neither Dragone Auctions nor any of its employees, directors, officers, agents or representatives shall have any liability or responsibility of any kind if Dragone Auctions elects or is unable to provide absentee or telephone bidding or for any failure to execute such bids for any reason, whatsoever, including, without limitation, electronic or telecommunication failure, or for any errors or omissions in connection therewith, and the bidder accepts and assumes all responsibility and liability for any errors or omissions relating thereto for failure to execute (including timely execution thereof) any bid regardless of reason, neglect or fault. Dragone Auctions? employees, officers, agents or representatives may be recorded, and by participating or bidding at the auction by phone the bidder expressly consents to all such recordings. The Buyer The Buyer shall be the highest bidder acknowledged by the auctioneer and accepted by Dragone Auctions, subject to the reserve, if any, and the terms of these Conditions of Sale. All Lots are subject to a twelve (12%) percent Buyer?s premium for on-site, absentee/telephone Bidders ONLY and a fifteen (15%) percent Buyer?s premium will be charged to Online Bidders. The fall of the Auctioneer?s hammer marks the acceptance of the Buyer?s bid and a contract of purchase and sale is made between the Buyer and Seller. Any dispute regarding the same shall be settled by the Auctioneer in his or her sole and absolute discretion. Immediately following the fall of the hammer, the Buyer shall be required to execute a Confirmation of Purchase, which confirms Buyer?s purchase of the Vehicle or non-motor vehicle property as announced by the Auctioneer. Every Bidder shall be deemed to act as a principal, unless prior to the commencement of the auction there is a written acceptance by Dragone Auctions of a Bidder Registration Form completed and signed by the principal, which clearly states that the authorized bidding agent is acting on behalf of the named principal. No person shall be entitled to bid at the auction, unless they have complied with the requirements of the General Conditions, including, without limitation, registering in advance with Dragone Auctions by completing all such registration forms and any other documents required and providing financial and other information as Dragone Auctions, in its discretion, may request or require. All sales are final. Bidding Disputes/Auctioneer?s Discretion The Auctioneer, in his/her sole discretion, has the right to refuse any bid, to divide any Lot or to combine two or more Lots. The Auctioneer also has the right to split or advance bidding in increments of his/her choice, regardless of any increment parameters set forth in this catalogue or otherwise. The Auctioneer has the sole discretion, in the case of any dispute, to continue bidding, refuse a bid, cancel a bid, determine the successful bidder or reopen bidding. In any dispute, Dragone Auctions records, whether audio, visual or written are conclusive. Once made, a bidder may not retract or rescind any bid. Noncompliance of Buyer/Remedies If the Buyer or a bidder fails to comply with any of the General Conditions, including, without limitation, a Buyer or bidder fails to pay the full Purchase Price and/or remove a Vehicle when and as required by these Conditions of Sale, the Buyer or bidder, as the case may be, shall be in breach and default of the General Conditions, and shall be liable to Dragone Auctions, and each bidder and Buyer agree that Dragone Auctions shall be entitled to recover from such Buyer or bidder, as the case may be, any and all damages, costs, expenses, fees (including attorneys? fees) and other amounts suffered and/or incurred by Dragone Auctions as a result of such failure to comply (including, without limitation, any such damages, costs, expenses, fees and other amounts suffered or incurred as a result of suit(s) by the Seller or other third parties). Further, in such event of a failure to comply, Dragone Auctions may, in its sole discretion, at any time and from time to time, in addition to all other available remedies under the General Conditions, at law and otherwise, and without any notice to such Buyer or bidder, take any one or more of the following actions to the fullest extent allowed by law (a) hold the defaulting Buyer or bidder, as the case may be, liable for the Purchase Price and all damages, costs and expenses suffered or incurred by Dragone Auctions as a result of such default and failure to comply, including, but not limited to, initiating legal action against the Buyer or bidder, including, without limitation, an action for specific performance; (b) cancel or rescind the sale; (c) resell the Vehicle(s) with or without reserve privately or at public auction and the Buyer or bidder shall be liable for any deficiency between the Purchase Price (plus all damages, costs, expense, fees (including attorneys? fees) incurred by Dragone Auctions as a result of noncompliance and all commissions, premiums and fees applicable to such resales) and the price received upon the resale; (d) remove or arrange for the removal and storage of the Vehicle(s) at the sole risk and cost of such defaulting Buyer or bidder; (e) offset any sums due from Dragone Auctions to the Buyer or bidder against the Purchase Price and all other amounts due and owing by the Buyer and bidder under the General Conditions; (f) repossess the Vehicle(s) for which the Purchase Price or any portion thereof is unpaid, and resell such Vehicle(s) and apply the sale proceeds against amounts owed by such Buyer or bidder under the General Conditions; and/or (g) take any other action that Dragone Auctions in its sole discretion deems necessary or desirable, including any combination of the foregoing remedies. If Buyer or bidder has purchased more than one Vehicle and Dragone Auctions receives less in payment than the total due for all Vehicles purchased, Dragone Auctions shall, in its sole discretion, apply the funds received toward payment of whichever Vehicle(s) it determines, regardless of what the Buyer or bidder may or may not direct. Each Buyer and bidder by registering to bid or by placing a bid at the auction hereby agree to grant Dragone Auctions and Dragone Auctions shall be deemed to have a first priority security interest in, and Dragone Auctions may retain as collateral security for such Buyer?s or bidder?s obligations to Dragone Auctions, any Vehicle(s) and any other property in Dragone Auctions possession owned by such Buyer or bidder and any and all proceeds (including proceeds as defined under the Uniform Commercial Code in effect in Connecticut), including insurance proceeds, of any of the foregoing. Dragone Auctions shall have all the rights and remedies provided to a secured party under the UCC and shall be entitled to file one or more financing statements as Dragone Auctions may desire, with regard to any and all such Vehicles and other property, and shall be entitled to sell any such property in Dragone Auctions possession and apply against the Purchase Price and other amounts due and owing by the Buyer or bidder the proceeds from such sale. If Buyer or bidder defaults and Dragone Auctions elects, which it may do in its discretion, to pay the seller a portion of the net proceeds due Seller with regard to the sale of the Vehicle, Dragone Auctions shall have all the rights and remedies of Seller against the Buyer or bidder, including, without limitation, the right to pursue the Buyer or bidder for all such amounts and any and all other amounts, damages, costs, fees and expenses as may be available under the General Conditions, at law, in equity or otherwise. Estimates Estimates (which do not include the Buyer?s premium or any taxes) for the Vehicles printed in this catalogue are only opinions, are prepared well in advance of the auction, are subject to change and may be amended either orally or in writing prior to or at the auction. Estimates should not be relied upon, and each bidder and Buyer hereby agrees not to rely upon any estimate, as fact or as guarantee or prediction of the actual selling price or value of a Vehicle. Dragone Auctions shall not have any liability with regard to any estimates under any circumstances. Reserves Unless otherwise specified in the catalogue or announced at the auction, the Vehicles will be offered, subject to a reserve, which is the minimum amount that the seller is willing to accept with regard to the respective Vehicle. Reserves are confidential and will not exceed the low presale estimate. Dragone Auctions may act to protect the reserve by bidding through the auctioneer, who may open bidding below the reserve by placing a bid on behalf of the seller, place bids on behalf of the seller up to the reserve amount, place bids in response to other bidders or if the opening bid is below the reserve can elect to withdraw the Vehicle from bidding. The Auctioneer shall not be obligated to specifically identify bids placed on behalf of the seller to protect the reserve nor will he or she place a bid on behalf of the seller at or above the reserve. Sellers may not bid on Vehicles they have consigned to Dragone Auctions. Payment The Purchase Price to be paid by the Buyer is, and the Buyer acknowledges that he or she is responsible for, and agrees to timely pay, the sum of the final bid price (the highest bid acknowledged and accepted by the Auctioneer), plus the Buyer?s premium of 12% of the final bid price for on-site and telephone bidders or 15% for absentee and online bidders, plus the applicable state and local sales and/or use tax and license fees, plus any and all costs and expenses incurred on behalf of the Buyer and/or as a result of the Buyer?s failure to timely and fully comply with the General Conditions, including, but not limited to, removal, transport and storage costs for the Vehicle and taxes therein, plus all other amounts due and owing pursuant to the General Conditions (collectively, the ?Purchase Price?). Payment of the full Purchase Price is due to Dragone Auctions on or before 5:00pm eastern time at the auction location on Wednesday, June 5, 2013. Dragone Auctions reserves the right to impose a late charge of up to a maximum of 18% per annum (or the maximum rate permitted by law, if less than 18%) on any portion of the Purchase Price if the Buyer does not make timely payment of the Purchase Price when due under these Conditions of Sale. All payments must be made by wire transfer, certified bank check, cashier?s check or with prior approval of Dragone Auctions? financial department, personal or company check. Unless otherwise agreed to by Dragone Auctions in writing, Dragone Auctions will not accept payment of any portion of the Purchase Price from any party other than the Buyer, title to a Vehicle does not pass to the Buyer, and the Vehicle will not be released to the Buyer, until good and cleared funds in the amount of the full Purchase Price are received by Dragone Auctions in accordance with the General Conditions. Collection, Removal and Storage Buyer must comply with all of the General Conditions, including, but not limited to, Dragone Auctions shall have received payment in full, in good cleared funds, of the Purchase Price, and all Vehicles must be removed from the auction site at Buyer?s risk and expense, by 5:00pm eastern time on Thursday, December 12, 2013. If not removed timely by Buyer, in addition to any and all other remedies and rights Dragone Auctions may have, Dragone Auctions shall have the right (but not the obligation) to remove any Vehicle at Buyer?s sole risk and expense and store it, at Buyer?s expense, including, without limitation, removal, storage, transportation and handling expenses and costs and applicable taxes, at a third-party warehouse, and Buyer hereby grants Dragone Auctions an irrevocable power of attorney to remove and store such Vehicle(s) at Buyer?s expense. Except in Dragone Auctions sole discretion, no Vehicle(s) shall be released to Buyer until Dragone Auctions has received payment in full, in good cleared funds, of the Purchase Price for the Vehicle(s), and Buyer has fully complied with the General Conditions. Export Permits The Buyer is responsible for determining whether or not an export permit is required to export a Vehicle and for obtaining and paying the costs of any permits or licenses necessary to export any Vehicle from the United States and/or import it into any other country, and for the payment of any import duty that may be levied by the country of import. Dragone Auctions makes no representation or warranty of any kind with regard to whether or not any Vehicle can be exported or imported or the issuance of an export or import permit for any Vehicle. Copyright Dragone Auctions shall own the copyright in all photographs, illustrations and written descriptions of the Vehicles created by or for Dragone Auctions including, without limitation, Dragone Auctions shall have the right to use, publish, display and reproduce any and all of the foregoing for any purpose and in any media at its discretion at any time in any manner whether before and/or after the auction. No bidder or Buyer shall have any right, title or interest to any of the foregoing. Each bidder and Buyer agrees they will not use, reproduce or publish, for any purpose, any such photographs, illustrations or written descriptions created by or for Dragone Auctions. Release By attending the auction, each attendee grants all necessary rights to Dragone Auctions and agrees that Dragone Auctions has permission and license to use his or her likeness for television, video, still photography and/or any other visual/audio recording, display, transmission, broadcast and/or publication for any and all purposes (including, without limitation, advertising and marketing) at any time or times, including, without limitation concurrent with and/or subsequent to the auction, waives all rights or claims (including, without limitation, residual rights and rights of privacy and publicity) that might arise from use of the attendee/bidder?s image, voice, picture or likeness for any purpose, including, without limitation, common law or by statute, and agrees that admission onto the auction site constitutes full and express acceptance of the above terms and conditions. Jurisdiction The auction, the General Conditions and the relationship and rights and obligations of the parties shall be governed solely and exclusively by the laws of the state of Connecticut, without regard to such state?s choice of law rules and regardless of where the bidder or Buyer is located or received any auction materials. Each bidder and Buyer agree that any dispute (including any claim, counterclaim or other action) arising with regard or relating to any of the General Conditions, the auction or any Vehicle shall be brought and adjudicated only in a Court House in the State of Connecticut located within in any District in the State of Connecticut, to the exclusion of all other venues and jurisdictions, and each bidder and Buyer, by registering to bid at or participating in the auction (whether in person, through an agent or representative, by absentee bid, telephone bid or online bid), and any person attending the auction hereby agrees to and does submit and consent to exclusive jurisdiction in such courts and herby agrees to and does submit and consent to personal jurisdiction of any and all such courts in Connecticut. Binding of Successors The General Conditions shall be binding on each attendee or participant, as the case may be, in the auction, and each bidder and Buyer and Dragone Auctions, and their respective agents, heirs, executors, legal representatives, successors and assigns. Limitation of Damages Each attendee at the auction and each bidder and Buyer by attending or participating in the auction whether in person, through an agent or representative, by telephone bid, absentee bid or online bid agrees that (a) any claims relating to the auction, sale of a Vehicle or the General Conditions must be first presented directly to Dragone Auctions before filing a legal action, and (b) Dragone Auctions shall not have any liability to any attendee, bidder, Buyer or other party for injury or damage of any kind resulting from or relating to the negligence of Dragone Auctions or any of its directors, officers, employees, agents or representatives, active or otherwise, or relating in any way to any Vehicle(s) or the auction or any act or omission of any of the foregoing, unless Dragone Auctions or its employees, officers, directors, agents or representatives are grossly negligent and Dragone Auctions? sole liability and damages, and each attendee?s, bidder?s, Buyer?s and other party?s sole and exclusive remedy, if any, at law, under the General Conditions and otherwise and arising out of or directly or indirectly relating in any way to the auction, any Vehicle(s) (including, but not limited to, any inability to deliver possession of a Vehicle to the Buyer), the General Conditions or otherwise, are in all events and circumstances limited exclusively to and shall not exceed an amount equal to the Buyer?s premium paid by such Buyer to Dragone Auctions with regard to such respective Vehicle, if any, or admittance or registration fees, if any, paid to Dragone Auctions by the respective Buyer, attendee or bidder to attend and/or bid at the auction, as the case may be. The amounts payable by any attendee, bidder or Buyer are not sufficient to warrant Dragone Auctions assuming any risk of damages of any kind, including, but not limited to, consequential damages to the bidder, attendee or Buyer as a result of or relating to any negligence, breach or failure to perform by Dragone Auctions or any of its directors, officers, employees, agents or representatives be liable for, and each attendee, bidder and Buyer hereby expressly, knowingly and intentionally waives and agrees they shall not seek any special indirect, punitive, consequential or incidental damages of any kind arising out of or directly or indirectly relating in any way to the auction or any Vehicles(s), including without limitation any lost profit, appreciation, loss of opportunity or loss of investment, regardless of the acts or omissions or fault of Dragone Auctions or any of its directors, officers, employees, agents or representatives. Attorneys? Fees If Dragone Auctions engages counsel to assist it to enforce any part of the General Conditions, with regard to any bidder, attendee, Buyer or other party, such bidder, attendee, Buyer or other party, as the case may be, shall be responsible for all reasonable fees (including, without limitation, attorneys? fees), costs and all expenses incurred by Dragone Auctions (including, without limitation, costs and all expenses related to evaluating, analyzing, assessing, enforcing, preparing for and conducting litigation of any kind or nature), whether or not legal proceedings are commenced. If proceedings are initiated with regard or relating in any way to or arising out of the General Conditions, any Vehicle, and/or the auction, the prevailing party shall recover its reasonable attorneys? fees, costs and expenses; provided, however, and notwithstanding the foregoing, if a bidder, attendee, Buyer or other party fails to first present any claim directly to Dragone Auctions and allow for a reasonable opportunity and period to mediate (and participate in such mediation of) such claim before initiating legal action against Dragone Auctions or any of its officers, directors, employees, agents or representatives, then such bidder, attendee, Buyer or other party as the case may be, shall not be entitled to recover on any such claim any attorneys? fees, whether or not such bidder, attendee, Buyer or other party prevails on such claim. Miscellaneous Headings are for ease of reference only and may not be used to interpret the substance of the section to which they apply. If any term, provision, condition or covenant of the General Conditions or its application to any party or circumstance shall be held, to any extent, invalid or unenforceable, the remainder of the General Conditions, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. In the event of a conflict between these Conditions of Sale and any other document constituting a part of the General Conditions, the Conditions of Sale shall prevail, unless the other conflicting provision is stricter against the Buyer or bidder.
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