CONDITIONS OF BUSINESS
1. ALL BIDS ARE FINAL AT AUCTION. At auction there is no “cooling off period.” If you are awarded the final bid, ownership changes hands at the drop of the gavel. You own the merchandise and are responsible for payment in full. No bidder may retract a bid made during the sale for any reason.
2. Payment is due in full on or before 5:00 p.m. of the next business day following the auction, and payment is to be made to AA (“payment deadline”). All payments must be in the form of cash or certified funds, unless other arrangements have been approved in advance. Cash payments will be reported according to U.S. federal government requirements. The title in a purchased lot will not pass until AA has received the full purchase price in cleared funds. AA is not obligated to release a lot to the purchaser until the title to the lot has passed, and any earlier release does not affect the passing of the title or the winning bidder’s unconditional obligation to pay the full purchase price (the purchase price is comprised of the winning bid, the buyer’s fee, and other approved costs). In the event that the winning bidder does not pay any portion of the purchase price by the payment deadline, the bidder agrees to and acknowledges the following: If AA elects to pay the consignor any portion of the sale proceeds, AA shall have all of the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Business. The bidder hereby authorizes AA to deduct the purchase price from the bidder’s cash deposit, or to charge this amount to the credit card that the bidder has provided. If the bidder’s cash deposit and/or credit card payment does not cover the purchase price, in addition to other remedies available by law, AA reserves the right to impose from the date of sale a late charge of 10 percent interest per annum on the (1) purchase price; (2) maximum published seller’s commission; (3) maximum published buyer’s fee; (4) expenses; (5) any collection costs, attorney fees, and court costs incurred to enforce payment; and (6) other damages.
3. All sales are “as is” and “where is.” The bidder is responsible for verification of condition, authenticity, and completeness of any vehicle purchased. No warranties or representations of any type whatsoever are made by AA. Statements printed in catalogues, brochures, signs, window cards, and verbal statements made by auctioneers or auction staff are representations made by the consignor, and AA has no obligation to verify or authenticate any such claims or representations. Any announcements made at the time of sale supersede any earlier printed information. Except as herein provided, all vehicles are sold as is, where is, with no representations or warranties, expressed or implied. CONSIGNOR AND AA DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO CONDITION, ORIGINALITY OR AUTHENTICITY, ORIGIN OR PROVENANCE, PREVIOUS USE OR OWNERSHIP, MANUFACTURING OR RESTORATION PROCESSES, YEAR OR AGE, SERIAL NUMBER, MAKE, MODEL, OPTIONS, TOOLS, MILEAGE OF ANY VEHICLE OR COMPONENT OF ANY VEHICLE, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
4. Condition reports provided by AA are based solely on the opinion of an AA staff member and are not and should not be relied upon as a statement of fact. Please note that although AA may provide condition reports, all sales are made “as is” and “where is” in accordance with clause three above.
5. The bidder is responsible for all risk of loss or damage immediately upon purchase of the vehicle or item.
6. Final bid price does not include buyer’s premium or applicable taxes on each lot purchased. The buyer is responsible to pay all city, state, or other taxes due for which the buyer does not qualify as exempt. Proof of exemption is the buyer’s responsibility.
7. Buyer’s premiums are as follows. A ten percent (10%) buyer’s premium will be added to the final bid of each motor car lot purchased. A fifteen percent (15%) buyer’s premium will be added to the final bid of any other lot purchased. A two percent (2%) convenience fee will be added to the buyer’s premium outlined above.
8. Vehicles not marked as “no reserve” (or similar) are subject to a reserve bid set by the consignor. When a vehicle is sold subject to such a reserve bid, the auctioneer may bid on the consignor’s behalf in an amount not to exceed the amount of the reserve bid.
9. In the event either party brings action against the other, arising from or relating to this auction, the prevailing party, as determined by the court, shall be entitled to recover its reasonable attorneys’ fees and costs. The law of the state in which the auction is held shall govern. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which the auction is located.
10. Online Services are “as is” and “as available.”
AA offers bidders the option to bid online either in conjunction with a live physical auction or as part of an online auction. Bidders may be able to bid via websites, telephone services, applications, and tools (collectively “Services”).
AA tries to keep the Services safe, secure, and functioning properly, but AA cannot guarantee the continuous operation of or access to the Services. Bid update and other notification functionality may not occur in real time. Such functionality is subject to delays beyond AA’s control.
Bidders agree that they are making use of the Services at their own risk, and that they are being provided to bidders on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, AA excludes all express or implied warranties, terms, and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, AA (including any parent, subsidiaries, affiliates, officers, directors, agents, and employees) are not liable, and bidders agree not to hold AA responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• The inability to use AA’s Services;
• Pricing, shipping, or other guidance provided by AA;
• Delays or disruptions in AA’s Services;
• Viruses or other malicious software obtained by accessing, or linking to, the Services;
• Glitches, bugs, errors, or inaccuracies of any kind in the Services;
• Damage to any hardware device from the use of any AA Service;
• The content, actions, or inactions of third parties, including items listed using AA’s Services or the destruction of allegedly fake items;
• The duration or manner in which the listings appear in search results; or
• The need to modify practices, content, or behavior or the loss of or inability to do business, as a result of changes to this User agreement or AA policies.
11. Any and all terms of sale posted on the auction premises, printed in sale brochures or forms, described in a catalogue, listed online, publicly announced, or otherwise published are incorporated herein by reference. It is the bidder’s responsibility to familiarize themselves with these terms.
12. You are responsible for all bids made with your assigned bidder number, whether or not made by you and whether or not authorized by you.
13. AA may, at AA’s sole discretion and without any obligation to do so, rescind a bid on or sale of a vehicle if AA believes the bid or sale could subject AA to liability. AA is not responsible for any damages or losses that are claimed to have resulted from the rescission of the bid or sale.
