**IN PERSON BIDDING ONLY FOR THIS EVENT**
1. I agree to pay in full the bid amount, plus buyer's fee and all applicable state and local taxes, with cash or certified check, in the amount owed for any vehicle for which I sign a contract. Full payment for purchases must be received within two hours of the item being sold. Terms are cash or certified personal check. Personal checks will not be accepted unless accompanied by an irrevocable letter of guaranteed credit from the bank stating the buying limit and authorized by an officer of the bank. If wire transfer is an option by Silver Auctions, there is a $100 wire transfer fee, and vehicles are released upon receipt of the wire transfer. The Letter of Guarantee will be retained by the Auction Company at the time the bid pass is issued.
2. All bidders may be required to provide Silver Auctions with proof of means to pay for any purchases. Silver Auctions retains the right to require a cash deposit before issuing a bid pass. I authorize Silver Auctions to obtain my credit information.
3. All vehicles and any other purchases are sold "as is" and without guarantees by Silver Auctions. In no event shall the Auction Company be responsible for any guarantees.
4. All statements made by the Auctioneers and those printed in advertisements are believed to be correct. However, bidders are responsible for examining all cars and other items before bidding and do so upon their own opinion and examination.
5. The Auction Company is not responsible for the correctness of the year, genuineness of make, model, options, mileage, or any other description of the vehicles. These items are the responsibility of the owner/consignor of the vehicle. You are purchasing the lot item presented at auction.
6. All cars are offered for sale subject to a reserve price set by the seller unless otherwise stated. Where allowed by state law, the auctioneer may bid on the seller’s behalf up to the reserve price.
7. Ownership of an item passes to the bidder when the Auctioneer says "sold". At that time, the new owner assumes full responsibility for the item, including insurance. I give permission and hold harmless Silver Auctions, and its agents, to move my vehicle after the Auctioneer has announced the item “sold”.
8. Should any dispute arise regarding the bid, the auctioneer will use his or her judgment and that decision shall be final.
9. All vehicles must be removed from the premises by the purchaser, at the purchaser’s own expense, within three hours of the end of the auction. If a vehicle is not removed, the Auction Company may remove and store the vehicle at the purchaser's risk and expense.
10. All state and local taxes apply unless you can meet and prove out-of-state residency requirements and/or provide an Automobile Dealer's license and resale tax number. Out-of-state purchasers must acquire the necessary transport permits.
11. A purchaser's failure to comply with all conditions of the sale entitles Silver Auctions and/or the consignor to pursue any available remedies or legal action to hold the purchaser liable. This may include the following:
A. Canceling the sale and retaining all payments made by the purchaser as liquidated damages.
B. Re-selling the property to a new purchaser at a private or public sale, in which event the purchaser shall be liable for any
deficiency, plus any incurred attorney fees or court costs.
C. I agree to grant Silver Auctions or its agents the right of immediate repossession without notice.
12. I agree to pay a storage fee of $50.00 per day to the Auction Company for storage beyond the first banking day following the sale.
13. The Auction Company provides titles only. Licensing requirements, including emissions requirements, vehicle inspections, plate, and tabs, are the responsibility of the new buyer.
14. Titles for purchased vehicles are mailed by certified mail to the purchaser on the eleventh (11th) banking day following the close of the auction. The express mail option is available only on the twelfth (12th) banking day following the close of the auction and only if the buyer has provided a FedEx account number to Silver Auctions. Titles are not released to purchasers at the time of sale.
Due to liens and titles held in safety deposit boxes, delivery of any title may be delayed up to thirty (30) banking days before release to buyer, regardless of method of payment. The Auction Company is a licensed used motor vehicle dealer in the State of ID and will transfer title, collect the proper amount of Idaho State sales tax, procure licensing and registration, and issue appropriate drive-away permits to retail buyers residing in the State of Idaho when required by Idaho State law. Note: Vehicles announced as “Title Delay” may take up to ninety (90) days for the title to be delivered to the purchaser.
15. SPECIAL NOTE: As a Buyer of a vehicle at this specialty collector car auction, I explicitly waive my right to any implied warranty as set forth by state Law. As collector vehicles, these automobiles may not be fit for ordinary driving and may not be reasonably safe and free of defects. This includes, but is not limited to, tires, brakes, steering, motor mounts, front and/or rear drive units. I agree to personally inspect each vehicle and verify its condition as described by the consignor.
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16. “Statements about the vehicles on the description sheets are provided by the consignor, not Silver Auctions. All statements made by the seller are accepted as reliable, but must be verified by you the buyer. Silver Auctions shall have no obligation to verify the seller's statements or claims. Any dispute regarding these statements, including mileage, must be made directly between consignor and purchaser without affecting the purchaser’s responsibility to pay Silver Auctions for the purchase.”
17. “Jurisdiction/Venue - Governing Law. The Guarantor acknowledges that Silver Auctions is an Idaho Corporation with its principal place of business in Hayden, Idaho. THE PARTIES EXPRESSLY AGREE THAT THIS CONTRACT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF IDAHO, THAT THE STATE COURTS OF IDAHO SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS CONTRACT OR OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH SILVER AUCTIONS, AND THAT VENUE SHALL LIE IN THE DISTRICT COURTS OF KOOTENAI COUNTY, STATE OF IDAHO.”
18. In the event of a dispute, all transactions with Silver Auctions, Inc. may be consolidated for the purpose of resolving the dispute.
19. The auctioneer may announce special circumstances that apply to the legal status of specific vehicles. These announcements, described below, are part of the contract to purchase that specific vehicle.
May Require Bonding - Buyer will be responsible for any bonding or licensing required in their own state.
Not Street Legal - Buyer understands vehicle is only suitable for off-road use.
Note: The following vehicles are legal for use in the United States, and no special announcement will be made:
A. Vehicles with reassigned VIN tag.
B. Canadian vehicles (except in Nevada).
C. Grey market vehicles with a U.S.-issued title.
D. Non-titled Unit
20. Vehicles over 20 years old, as well as all customized and modified vehicles, are considered to have frame damage. Assume all vehicles are non-matching numbers with non-original engines, unknown or exempt mileage unless specifically described otherwise by the consignor.
21. Any vehicle announced as a tribute, clone or re-creation vehicle was not originally manufactured as the vehicle it currently appears to be.
22. Legal Relationships Between consignor and High Bidder: In the event that the party to any contract(s) concerning said vehicle believes that the terms of the contract have been breached, then all contract signatures for said vehicle agree, understand and accept that the seller and high bidder have entered into the contract with each other and accept that legal action against the offending party is the proper recourse for claims or redress.
23. If any term, condition, covenant, agreement, or provision of this contract, or the application thereof to any circumstance shall, to any extent, be held by a court of competent jurisdiction or by any other authorized governmental authority to be invalid, void, or unenforceable, the remainder of the contract shall not be affected by such holding, and the remaining terms, conditions, covenants, agreements and provisions hereof shall continue in full force and effect.
24. Buyer’s fee of 10% of the bid amount, not less than $350.00, will be charged to the buyer of each auction lot sold; except 15% of the bid amount will be the buy fee on all memorabilia.
25. A vehicle's special announcements, if applicable, will be posted in catalog, announced or on each vehicle. You agree to read these announcements prior to bidding and your signature of the High Bid Acknowledgement is confirmation that you have read the announcement and accept the information as an element in your purchase contract.