Lot # : 132 - 2019 Can-Am Ryker 3-Wheel Motorcycle

1. DEFINITIONS: The term "Seller" refers to the United States Marshals Service. The term "Auction Company" refers to RBEX Inc dba Apple Towing Co./Apple Auctioneering Co. in proud partnership with Jonathan Melnick Auctioneers. The term "Authorized Agent" refers to RBEX Inc. dba Apple Towing Co./Apple Auctioneering Co.'s prime contractors, sub-contractors, and other authorized parties. The terms "High Bidder" and "Buyer" refer to the successful high bidder at the Auction. The term "Bidder" refers to any bidder at the Auction. The term "Auction" refers to the Seller's auction event presented by the Auction Company. The term "Property" refers to the assets (vehicles, vessels, and merchandise) to be bid on at the Auction and sold to the High Bidder. The term "Contract" refers to the agreement between Buyer and Seller concerning the purchase of the Property. 2. GENERAL INFORMATION: The placement of a successful bid at the Seller's Auction establishes a legally binding contract between the successful High Bidder (Buyer) and the Seller. The Auction Company's Auctioneer's announcement of the high bid amount and the bidder's number, or by placing an online bid, establishes the Contract, which may be subject to final acceptance by the Seller. This Contract is bound by these Terms and Conditions and special terms and conditions published by the Auction Company for the specific Auction and other Federal regulations governing contracts for purchasing the Seller's Property. The successful bidder is legally bound to pay for the Property awarded by their bid. The Auction Company is acting as the Seller's agent for selling the Seller's Property. 3. ELIGIBILITY OF BIDDER: (a) Our services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the preceding, our services are not available to individuals under the age of 18 or to temporarily or indefinitely suspended members. (b) Eligibility of Bidder: The Bidder warrants that they are not: (i) Under 18 years of age; (ii) An employee of any department or agency of the Federal Government prohibited by the regulations of that agency from purchasing property sold hereunder; (iii) An agent or immediate member of the household of the employee in (ii) above; (iv) The contractor, subcontractor or vendor, their agent or employee who has access to information concerning the property to be sold at Seller's auctions that is not generally available to the public; (v) Presently debarred or declared ineligible for the award of contracts by any Federal agency per 41 CFR 101-45.6; (vi) Or the party or representing the party(s) from whom the property was seized and forfeited. 4. PROHIBITED BIDDER: (a) Bidder acknowledges that certain persons are prohibited from purchasing assets from Seller and that under certain circumstances, Seller will not sell assets to specific individuals or affiliates. The Auction Company's subcontractor may not act as an agent for a third party in purchasing Seller property in their custody or control. For breach of any of these warranties, the Seller may terminate these Terms and Conditions and the Contract without liability and pursue any other sanctions provided by law. (b) USMS Prohibited Parties: The following persons shall be prohibited from purchasing property through the U.S. Department of Justice Asset Forfeiture Program and are also, therefore, barred from placing bids to buy such property: (i) Defendants in Criminal Cases: The defendant from whom the property to be sold was forfeited. (ii) DOJ Employees and USMS Contractors: DOJ Employees who have not received a waiver from their agency pursuant to 5 C.F.R. § 3801.104(a) and USMS contractors who have not received a waiver. (iii) Civil Forfeiture Actions/Administrative Forfeiture: Any person whose conduct gave rise to a civil or administrative forfeiture of the property to be sold. (iv) Insider Knowledge: Any person who, by virtue of their association with the DOJ AFP, has acquired material, non-public information about the property to be sold. (v) Law Enforcement: Federal, state, and local law enforcement officers who perform duties associated with the seizure and forfeiture of property in conjunction with DOJ. 5. REGISTRATION: (a) CREATING A BIDDER ACCOUNT: In the menu bar, create an account by clicking "New Bidder." The username and password created will be utilized for all future online auctions. The information provided by the Bidder when setting up the online account will be the information automatically assigned to the title work. (b) ACCOUNT INFORMATION: Bidder must provide true, accurate, current, and complete information and maintain and promptly update the registration data to keep it true, accurate, current, and complete. If the Bidder wants to title their purchases in a business name, the business name and address must be utilized. If the Bidder is registering as a business entity, the Bidder represents that they have the authority to bind the entity to these Terms & Conditions. Should the Bidder decide to title their purchases in their person's name, their account information will need to be updated to reflect the desired change before the auction closing. This also applies to a change of address or business. This is the responsibility of the Bidder. Suppose the Bidder provides any untrue, inaccurate, not current, or incomplete information, or the Auction Company has reasonable grounds to suspect such information is false, inaccurate, or incomplete. In that case, the Auction Company has the right to suspend or terminate the account and refuse any or all current or future participation. Falsifying bidder registration information is prohibited and will result in the revocation of bidding privileges. (c) ACCOUNT RESPONSIBILITY: Buyer is responsible for all transactions on its account, including, without limitation, all bids placed by authorized bidders and bids submitted through the Auction Company's bidding platform. Accounts cannot be transferred. In the event of unauthorized use of Buyer's login information, Buyer is responsible for all bids. (d) VALIDATION: Upon initial registration, Bidder may be required to input a credit card number, but it will only be used to verify Bidder's identity. There will be no additional registration fees. Any discrepancies between the Bidder's credit card information and their Bidder account information may prohibit participation. (e) APPROVAL TO BID: Seller and Auction Company reserves the right to accept or deny bidders for any reason or no reason, with or without notice. (f) BIDDER ACCOUNT CANCELLATION: The Auction Company reserves the right to suspend or revoke the Buyer's bidding privileges for any reason or no reason, with or without notice. 6. BID DEPOSIT: No bid deposit is required. 7. PREVIEW AND INSPECTION: (a) GENERAL INFORMATION: Bidders are urged to inspect the Property before bidding. Failure to inspect shall not constitute cause for cancellation of the sale. At their discretion, the seller and Auction Company may provide photographs of the Property as a courtesy to Bidders. Bidders are warned against bidding on any lot(s) based solely on the sample displayed or based on photographs. Seller and Auction Company make no warranty with these samples or photographs. (b) DATES & TIMES: Property is available for inspection only at places and times specified by the Seller and Auction Company and notated in the auction listing. Preview before or after the authorized date/time is not available. (c) REQUIREMENTS: Before access into the venue, a copy of each attendant's valid Driver's License will be obtained and retained. Passports and Identification Cards are acceptable. (d) PREVIEW POLICY & STANDARDS: (i) Bidders ARE authorized to 1) Take photos and videos of the assets in the preview. Staff will start the assets periodically. (ii) Bidders ARE NOT authorized to 1) Drive or put the vehicle into gear. 2) Excessively turn the volume up on the stereo system. 3) Enter the preview area with any large bags. 4) Enter the preview area with any electronic equipment to diagnose or test the vehicle's computer system. 5) Tamper with any fuses or components that would make the vehicle appear less valuable to other attendants. 6) Take photos of non-forfeited assets or of the storage facility. (iii) Authorized Agents ARE NOT permitted to 1) allow access on any other date/time specified for the posted auction. 2) Discuss their opinion on the condition of the vehicle. 3) Provide specific details on engine types, specifications, or modifications. It is up to the attendant to make their determination. 4) Provide their opinion on the vehicle's value or what they believe it will sell for at auction. It is up to the attendant to make their determination. 8. ITEMS ADDED OR DELETED FROM THE SALE: Seller and Auction Company reserve the right to add or delete Property to or from the Auction at any time. 9. "AS-IS, WHERE-IS": (a) DESCRIPTIONS: These assets are auctioned off AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, CONDITION OR ANY OTHER SPECIFICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. DESCRIPTIONS OF VEHICLES, WRITTEN, PUBLISHED, OR ORAL, ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. No allowance, refund, or set aside will be made for any incorrectness, error in cataloging, imperfection, defect, or damage. In addition, any statement that a vehicle starts means that the vehicle was started (with or without assistance) upon arrival during an initial inspection by an Authorized Agent. It is not a warranty or representation that the vehicle will start or run at any time thereafter or is roadworthy. (b) INSPECTION & DUE DILIGENCE: It is the sole responsibility of the Buyer to ascertain, confirm, research, inspect, and investigate any Property offered before placing a bid. The buyer expressly agrees not to base a bid or otherwise rely on any information provided by the Auction Company or any Authorized Agent. Information on conditions is limited and subject to change without notice. Bidders may obtain additional information by attending the live previews and visually inspecting the items. It is the buyer's responsibility to have thoroughly inspected the property and to have satisfied them as to its condition and value and to bid based solely on that judgment. (c) TITLE REMARKS: Some vehicles may have branded titles or odometer discrepancies. When known, branded titles and odometer discrepancies are announced, included in the description, or noted on the car. The absence of mention of branded titles or odometer discrepancies or remarks does not constitute any warranty or guarantee. (d) ACCIDENT HISTORY: Some vehicles may have an accident history. The buyer is responsible for gathering and examining all available information about the vehicle's history and conducting a thorough review before bidding. (e) THIRD PARTY INFORMATION: Seller and Auction Company do not certify the accuracy of the information presented by any third-party company that assists in the sale. They will not be responsible for any error or omission made on their behalf. 10. TECHNICAL BIDDING DETAILS: (a) ONLINE BIDS ARE FIXED / FLAT BIDDING: The bid amount type is set to FIXED/FLAT BIDDING. Bidders specify a fixed amount they are willing to pay, which remains constant until another bidder places a higher bid. The highest online bid will be the opening bid during the live auction. If no additional bids are placed during the live sale, the Property is awarded to the highest online bidder. (b) PENDING BIDS: Pending Bids are bids placed that are not immediately accepted or put into effect by the Auction Company. Typical reasons for pending bids are as follows: (i) FIRST-TIME BIDDER: New accounts or first-time bidders that have never participated in our auctions will be thoroughly analyzed and vetted (See 5. REGISTRATION (b) ACCOUNT INFORMATION). Please note that vetting may take up to 24 hours. Late registrations on the morning of the auction may not be accepted. DO NOT WAIT UNTIL THE AUCTION IS CLOSING TO REGISTER. (ii) BIDDER REPUTATION: The Auction Company is part of a nationwide network of auctioneers that use the Hibid bidding platform. Hibid has developed a rating system for Bidders to protect auctioneers. Bidders accrue points placing bids and registering for auctions. Any time an auctioneer permanently declines a Bidder, the bidder loses 20 points. If a bidder has a negative score, they may not be able to bid with other auctioneers on the Hibid platform. 11. RESERVE: (a) CONSIDERATION OF BIDS: This Auction is conducted with Reserve. The Seller reserves the right to approve the final transfer of Property to the successful High Bidder, even after the Auction lot closes. If the minimum reserve price is not achieved, the Seller may withdraw the goods at any time. In addition, the Seller and the Auction Company retain the right to reject any bids for any reason, make counter offers, or accept backup offers at their sole discretion. (b) DISCLOSURE OF MINIMUMS: Neither the Seller nor the Auction Company will disclose the reserve amounts. Please note that there will not be a "Reserve Met" or "Reserve Not Met" disclosure during the Auction. 12. AUCTION END AND BID APPROVALS: (a) PROCESS: At the close of the sale, all Bidders will be emailed their bid results, and the totals will be forwarded to the Seller for final approval. Once the Auction Company receives approval from the Seller, the Bidder will receive an email notification that the bid has been approved or denied. Payment instructions will be given at that time. Each vehicle is considered a separate purchase. (b) AUTHORITY: Seller and Auction Company reserves the right to (i) declare an item sold, (ii) postpone or cancel the Auction, (iii) extend the bidding time for this Auction (which may re-open bidding on closed items, if any), (iv) waive any technical defects in bids and, (v) re-list the Property for auction at another date and time. The decision of the Seller and Auction Company on this matter shall be final. Bidder acknowledges that by registering in any auction held by Auction Company, Bidder accepts the Terms and Conditions of this disclaimer. 13. PAYMENT: (a) DEADLINE: All items must be paid for in full within forty-eight (48) hours (i.e., two business days) from the bid approval email. NO EXTENSIONS FOR FINAL PAYMENT WILL BE MADE FOR ANY REASON. (b) ACCEPTABLE PAYMENT METHODS: Acceptable forms of payment are by method of a bank wire transfer or cashier's check with overnight delivery made payable to Apple Towing Co., 8511 S. Sam Houston Pkwy E., 2nd Floor, Houston, TX 77075; ATTN Kristina Cortez. Account information for bank wire transfers will be provided in the approval email. The wire transfer must include the buyer's name and reference the lots purchased. Title work will be processed the following business day of the bank wire posting to the account. Cash will be accepted onsite upon the close of the live auction on Friday, 10/13/2023, until 3 PM. (c) UNACCEPTABLE PAYMENT METHODS: No personal, business, or privately issued checks, bank letters, credit/debit cards, money orders, or letters of credit will be accepted. A High Bidder should not attempt to finance any purchase through a bank or credit union, nor will the Auction Company negotiate with any lender. A Bidder must have the funds available before placing all bids. The successful registered Bidder must make payment. Payment received by parties other than the successful registered Bidder will not be accepted. (d) DEFAULT/NON-PAYMENT: The failure to make the required deposit or final payments and comply with the timeframes specified in the sales catalog/brochure for removal of the Property shall be deemed forfeiture of any rights, title, and interest the High Bidder may have acquired. The title of such Property shall revert to the Seller without further notice to the High Bidder and will result in the forfeiture of any monies paid. The transaction shall be null and void as to the High Bidder. The Property will be processed for resale at the next available Auction. If a High Bidder does not pay within the specified time frame, backs out, submits a check containing insufficient funds, or issues a "stop payment," that High Bidder will be banned from all future Auction Company's auctions. 14. ADDITIONAL TAXES AND FEES: (a) BUYER'S PREMIUM: There is no Buyer's Premium. (b) SALES TAX: No tax will be collected by the Auction Company on any lot located outside of Arizona. Notice on Arizona lots only: The Auction Company must collect the state, county, and city sales tax from Arizona residents depending on asset location unless an Arizona Resale Certificate (Arizona Form 5000A) is provided during checkout. Out-of-state buyers must provide a copy of their ID and complete an ADOR Form 5011 (which will be provided) in lieu of tax. (c) APPLICABLE TAXES AND FEES: All Buyers are responsible for paying all applicable taxes or fees imposed by any city, county, tribe, state, country, or political subdivision. 15. NO REFUNDS; ALL PURCHASES FINAL: Auction Company does not make refunds, adjustments, or returns. All purchases are final. All refund requests should be submitted directly to the Seller. 16. PAPERWORK PROCESSING: (a) PROCESS: Once the funds are received, the title work will be executed utilizing the High Bidder's registration information and sent via email to have all copies signed by the High Bidder. Once fully completed, the Property Release document will be emailed to the High Bidder. The releasing agent's name and contact information will be presented on the Property Release document. Originals will be mailed to the High Bidder. (b) TITLE DOCUMENTS: (i) VEHICLE TITLE: Purchasers will receive a government Standard Form 97 (Certificate to Obtain Title), which they will take to their local Department of Motor Vehicles to transfer ownership WITH THE EXCEPTION OF LOT 108 AND 120 (THOSE ASSETS ARE INTERLOCUTORY SALES AND WILL RECEIVE A BILL OF SALE ONLY). Once processed by the state, the SF-97 supersedes the prior title directly into the purchaser's name. The state then mails the new title to the purchaser. Please note: these assets will remain in the defendant's name in which they were seized until the SF-97s are processed with the state. For this reason, the original SF-97 must be processed with the DMV immediately upon receipt. (c) ADDITIONAL DOCUMENTS: In addition to the title, the High Bidder will be required to execute a Buyer's Guide ("As-Is, Where-Is") and a copy of the Terms and Conditions. 17. RELEASE AND REMOVAL: (a) GENERAL INFORMATION: Removal of the Property is by appointment only and should be made by the Buyer with the storage facility only after the Buyer has received the necessary Property Release document. All Property in a lot must be released to the original High Bidder at once-no partial release of any lots. Removal is at the High Bidder's expense, liability, and risk. Please do not make flight arrangements or schedule pickups in advance until your authorization via email to do so has been received. (b) DEADLINE: It is the sole responsibility of the Buyer to remove the purchased Property by the Removal Date. Removal of the Property must be completed on or before the 7th business day (for domestic Property) and the 60th calendar day (for export only Property) after the sale date, or the Buyer will be in default of the terms of sale and the Seller will resell the Property. Said Property shall revert and repossess to the Seller, without further notice to the Buyer, and will result in any monies paid by the Buyer to be forfeited, and the transaction shall be null and void as to the Buyer. Storage arrangement for the Property after the Removal Date is solely between the Buyer and the storage vendor and must be agreed upon in writing (signed and dated) before the Removal deadline. (c) DOCUMENTS REQUIRED FOR RELEASE: (i) PROPERTY RELEASE: A physical hard copy of the Property Release document is required to pick up the Buyer's Property. (ii) IDENTIFICATION: Buyer must present a photo I.D. at the time of the Property's release. (iii) RELEASE AUTHORIZATION: If the Buyer chooses to send an agent to pick up the Property on their behalf, the Buyer must correctly complete the release authorization section located at the bottom of the property release document identifying the agent to act on their behalf, as well as provide the agent with a copy of Buyer's photo I.D. The agent will also be required to provide a copy of their identification. These documents may be emailed directly to the storage facility in advance. 18. SHIPPING: It is the High Bidder's responsibility to arrange the shipping of the Property. The Auction Company will not ship any Property. The High Bidder is responsible for removing the Property purchased by the Removal Date and arranging for its shipping. Removal of the Property is at the High Bidder's expense, liability, and risk. 19. CONTRABAND NOTICE: The buyer shall secure the vehicle and immediately notify the Auction Company (who shall, in turn, inform the Seller) if any illegal controlled substances, contraband, or hidden compartments in seized and forfeited vehicle(s) purchased from the Seller are discovered. 20. COLLUSION: Practices that eliminate competition, such as collusive bidding, may warrant criminal, civil, or administrative action against the participant and may be referred to the Seller. 21. TECHNICAL ASSISTANCE: To serve you best, please direct all questions via email to sales@appletowing.com or call 713-600-7797. Auction Company accepts no responsibility for loss of connectivity, technical difficulties, or other circumstances beyond our control. 22. DISCLAIMER DUE TO TECHNICAL DIFFICULTIES AND INTERNET ISSUES: Auction Company has made every reasonable effort to facilitate online bidding. However, technical difficulties and internet issues may arise that affect the Auction Company's website, bidding platform, computer, server, or the Bidder's computer, personal device, or software, which is beyond the control of the Auction Company. By registering, Bidder acknowledges that the Auction Company is not responsible for technical difficulties or internet issues associated with a bid and that, if technical problems interfere with or prevent a bid, it may be necessary to withdraw items from bidding due to technical errors or uncontrollable circumstances. Further, in the event of the occurrence of a technical difficulty during an Auction, the Auction Company, in its sole discretion, reserves the right to (i) declare a Property sold, (ii) postpone or cancel the Auction, (iii) extend the bidding time for the Auction (which may re-open bidding on closed items, if any) and (iv) re-list the Property for auction at another date and time. The decision of the Auction Company on this matter shall be final. Bidder acknowledges that by registering in any auction held by Auction Company, Bidder accepts the terms and conditions of this disclaimer. 23. LIMITATION OF SELLER'S LIABILITY: Under any provisions of the Terms and Conditions and the Contract, the Seller's liability to Bidder, if established and proven, shall not exceed Bidder's (whole or partial) payment made to Seller for the Property's purchase price set at the Auction. The liquidated damages specified herein are not penalties but a reasonable cost estimate: (i) to Seller due to pulling the Property from the Auction if required, and (ii) to Bidder concerning the lost transaction. In no event shall the Seller be liable to Bidder for any other actual, punitive, speculative, or consequential damages, nor shall Bidder be entitled to bring a claim to enforce specific performance of the Terms and Conditions and the Contract. 24. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS: It is the High Bidder's responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances, and regulations about the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use, or disposal of the Property listed in the sales catalog. The High Bidder or user of this Property is not excused from violating such laws or regulations either because the Seller is a party to this sale or has had any interest in the Property at any time. 25. RECALLS: The vehicles being auctioned may be subject to open recall notices. The Buyer is responsible for checking for and acting upon any applicable recall notices. Certain parts subject to those recalls may still be present on the Property. The Buyer assumes full responsibility for identifying such recalls and will refrain from re-using or selling any part subject to such safety recalls. Failure to mention or absence of notice does not imply that a vehicle does not have an open safety recall and does not constitute any warranty, guarantee, or refund. Recalls and other vehicle safety information is available at the National Highway Traffic Safety Administration website, www.nhtsa.gov/recalls. 26. EMISSIONS DISCLAIMER: All emissions/ smog-related repairs are the sole responsibility of the Buyer. The Seller does not accept responsibility for the failure of any vehicle sold or the failure of a car to meet safety standards or emissions control equipment regulations as set by any Federal, State, or local agency. The Auction Company does not warrant or represent that these vehicles meet or can be modified to meet local emissions and safety requirements. It is the express responsibility of the Buyer to comply with any safety or emission control equipment requirements before using any vehicle purchased. The seller may provide the Buyer with a passing smog certification as a courtesy. Please note the expiration on the smog certificate. If the Buyer is provided a passing smog certification, it does not imply or guarantee that the vehicle will pass a future emissions test. Purchases are "As-Is, Where-Is." 27. FALSE ADVERTISING AND UNFAIR OR DECEPTIVE ACTIONS: Using false or misleading advertisements or other unfair or deceptive practices in commerce is unlawful. In conveying or disposing of any Property purchased from the Seller, the Auction Company exercises caution in preparing advertisements to ensure that it does not violate applicable state, Federal, or foreign government laws. 28. RIGHT TO REFUSE: The Auction Company prides itself and its employees on being part of a highly professional organization, and it conducts business at all its facilities, not just based on the above Terms and Conditions, but as a professional entity. During the Auction, which includes but is not limited to preview day, exchange of information on an asset, and release/pick up of the Product(s) sold to the High Bidder, the High Bidder or its representative(s) may not engage in any non-business or unprofessional conduct that may be inconsistent with the Seller or Auction Company's business practices. This conduct could include, but is not limited to, disrespect of an employee or use of unprofessional and abusive language, verbal or otherwise. If such behavior is reported to the Auction Company's management, the Auction Company has the right to ban that individual from future auctions at any of the Auction Company's facilities. 29. DISPUTES: The High Bidder agrees that in any dispute between the Seller and the High Bidder, or between competing Bidders, arising in connection with any sale of a Property at the Auction, the Auction Company's Auctioneer shall have the right, but not the obligation, to settle such dispute, and the High Bidder shall abide by the decision of the Auctioneer. The Auctioneer's decision shall be final concerning such matter. All questions or disputes regarding the High Bidder, lot identity, price, or quantity must be resolved immediately upon selling said lot. No changes or adjustments will be made at any later time. The High Bidder further agrees to indemnify the Auction Company and Seller for all liabilities, damages, costs, and expenses, including attorney's fees incurred in connection with any such dispute or connection with any claim, litigation, controversy, conflict, or proceeding arising from any purchase of a Property by the High Bidder or from any subsequent sale of such Property to any third party. All requests for refunds or adjustments by High Bidder should be submitted to the Auction Company. The record of the sale of a property, kept by the Auction Company's Auctioneer and Sale Clerk, will be taken as final in the event of any dispute. The Auction Company reserves the right to videotape all live auctions. Any dispute the Auction Company cannot resolve may be directed to the Seller. Any dispute the Contractor cannot settle may be directed to: Contracting Officer, U.S. Customs and Border Protection, Office of Procurement, Suite 1310 1300 Pennsylvania Avenue NW, Washington, D.C. 20229. 30. GOVERNING LAW: The validity, construction, enforcement, interpretation, and performance of these Terms and Conditions and Contract shall be governed by the laws of the United States of America, and to the extent that state law would apply under applicable federal law, the state in which the auction is conducted (The State of Maryland governs this agreement and venue is proper in the City of Baltimore County). 31. SEVERABILITY: If any portion of these Terms & Conditions is deemed unlawful, void, or unenforceable, that portion will be deemed severable. It will not affect the validity or enforceability of the remaining provisions. 32. LICENSING AND REGULATION: RBEX Inc. dba Apple Towing Co. | Apple Auctioneering Co. auction conducted in proud partnership with Jonathan Melnick Auctioneers (licensed and bonded in the City of Baltimore County); Auctioneer Kevin C. Scully TX#16772, GA#AU003885, FL#AU4328, IL#441.002154, KY#RP3804, MA#3332, MN#2716029, WA#3132, WI#2714-52; Auctioneer Joshua M. Scully TX#18183, FL#AU5198, IL#441.002530, NC#10519, SC#4814; Auctioneer Mike Guinn TX#16777. Direct unresolved complaints to the Texas Department of Licensing and Regulation, P.O. BOX 12157, Austin, TX 78711; 800-803-9202; www.tdlr.texas.gov. In California: Complying with the State of California Civil Code Section 1812.600, the following Bond is filed with the California Secretary of State: Auctioneer Kevin C. Scully, Apple Auctioneering Co.; Bond #64713023; Disclaimer: The Auction is being conducted in compliance with Sec. 2328 of Commercial Code, Sec. 535 of the Penal Code, and the provisions of the California Civil Code.