Lot # : 794 - Vintage Spearhead 1981 Bunny Rabbit

TERMS AND CONDITIONS These Auction and "Buy it Now" Terms and Conditions (hereinafter the "Agreement " or "Terms") constitute a legally binding agreement between you (either an individual or an entity) and Silver Creek Auctions, LLC, its affiliate(s) and subsidiaries (hereinafter collectively referred to as "SCA") regarding the use of its websites - www.silvercreek-auctions.com and www.silvercreekauctions.hibid.com (Hereinafter the "Site" or "Sites"), its auction services, and "Buy it Now" retail services. By utilizing the SCA Site (s) and/or Services (defined below), you understand, acknowledge and agree that you are legally bound by the terms and conditions set forth herein (and as hereafter amended): 1. ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE CSA SITES AND/OR SERVICES (DEFINED BELOW), PLACING AN AUCTION BID, SELECTING A "BUY IT NOW" OPTION, OR OTHERWISE PARTICIPATING IN A SCA AUCTION OR SALE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT - AND SPECIFICALLY THE DISPUTE RESOLUTION, ARBITRATION AND REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS. 2. DEFINITIONS. a. "Auction" means an online auction where remote users can bid either through absentee bids or real time bids on Products being auctioned via SCA's Sites. b. "Bidder" or "Buyer" means an individual, artificial entity, or auction house registered as a Bidder with SCA for purposes of utilizing SCA's Buyer Services to bid on (via Auction) or otherwise purchase (via "Buy it Now" listing) Product(s) for sale through SCA's Sites. If an artificial entity places a bid or selects the "Buy it Now" option, the person executing the bid on behalf of the artificial entity agrees to, and hereby does, personally guarantee payment of such bid. The terms Bidder and Buyer shall be used interchangeably regardless of whether a Bidder is successful in an Auction. c. "Bidder Terms" means the Bidder Terms & Conditions entered by and between Bidder and SCA for purposes of governing over a Bidder's access to, and use of, SCA's Services as a Bidder. d. "Buy it Now" means an online sale, other than by auction, for products which may be purchased through SCA's Sites by selecting the "Buy it Now" option. e. "Product(s)" means any items listed for Auction or "Buy it Now" sale on one or more SCA Site(s) through use of SCA's Services. f. "Seller" means an individual, artificial entity, or auction house registered as a Seller with SCA for purposes of utilizing SCA's Seller Services to list Product(s) for sale through SCA's Sites. SCA may also serve as a Seller when listing its own product(s) for sale through SCA's Sites. g. "Seller Terms" means the Seller Terms & Conditions entered by and between a Seller and SCA for purposes of governing over a Seller's access to, and use of, SCA's Services as a Seller. h. "Services" means the online Auction and/or "Buy it Now" listing services provided by SCA to Sellers, Bidders and prospective Sellers and Bidders through the Sites which serve as a conduit for listing Products and means for offers and acceptance to be exchanged in relation to the Auction/sale of Product(s). 3. SCA SERVICES. You acknowledge and agree that SCA provides online Auction and "Buy it Now" Services for Sellers and Bidders through its Sites which serve as conduits for offers and acceptance to be exchanged in relation to the Auction or "Buy it Now" sale of Products posted on one or more SCA Sites (the Services). You further acknowledge and agree that: (i) SCA is not a certified Auction House and therefore does not always conduct the Live Auctions; (ii) When not acting as the Seller, SCA is solely a passive conduit to facilitate the Auctions and communication between the Bidders and Sellers; (iii) When not acting as the Seller, SCA has no control over the Bidders, Sellers, or the accuracy of descriptions for the Product(s) being offered by the Seller; and (iv) SCA reserves the right in its sole discretion to change some or all of its Services at any time. 4. PRODUCT DESCRIPTIONS. The SCA Site enables individuals, artificial entities and professional auctioneers to list Products for Auction and/or "Buy it Now" sales. Those are the persons or entities who prepare the Product descriptions which appear on the Sites, not SCA (unless listing its own Products for auction), and it is those individuals or entities who are solely responsible for the accuracy of the descriptions and for all contractual and other warranties made, if any, with respect to the Products sold. You understand, acknowledge and agree that SCA is not and shall not be held responsible or liable to you for any of the Product description/information posted on the SCA Site's Auction or "Buy it Now" listing(s). While written descriptions are utilized in Product listings, the ultimate determination of the qualities of an Auction or "Buy it Now" Product are determined by examination of the posted Product photographs. 5. SELLERS AND SELLER SERVICES. The Seller's Terms & Conditions entered by and between SCA and Product Sellers govern a Seller's access to, and use of, SCA's Services as a Seller, whether it be via SCA Auction or "Buy it Now" listing. Sellers must be pre - approved by SCA prior to participating in any Auction or "Buy it Now" listing and must maintain a current Seller account with SCA. A Seller must disclose certain account registration information to SCA prior utilizing SCA's Sites and Services. Said Seller information includes, but is not limited to, any information a Seller provides to SCA during the registration process, in any public message area or through any email feature. Sellers hereby represent and warrant that his/her/its Seller Information: (a) is true and accurate; and (b) does not contain any viruses, trojan horses, worms, timebombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. Because Sellers utilizing SCA's Services and Sites may enter into binding legal agreements to sell Products being auctioned, SCA's Services are not available to minors. 6. BIDDERS AND BIDDER SERVICES. The Bidders Terms & Conditions entered by and between SCA and Bidders govern a Bidder's access to, and use of, SCA's Services as a Bidder/Buyer, whether it be via SCA Auction or "Buy it Now" listing. Bidders must be pre -approved by SCA prior to participating in any Auction or "Buy it Now" listing and must maintain a current Bidder account with SCA. A Bidder must disclose certain account registration information to SCA prior utilizing SCA's Sites and Services. Said Bidder information includes, but is not limited to, any information a Bidder provides to SCA during the registration process, in any public message area or through any email feature. Bidders hereby represent and warrant that his/her/its Bidder Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which m ay dam age, detrimentally interfere with, intercept, or expropriate any system, data or personal information. By providing such information, Bidders expressly agree to the terms as set forth herein (and as hereafter amended). Because Bidders utilizing SCA's Services and Sites may enter into legally binding agreements to purchase Products being auctioned, SCA's Services are not available to minors. Sellers may have different standards for approving individual auction participants, and you may be required to apply for and obtain written approval to participate in a specific auction. In such circumstances, approved Bidders will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. SCA and each Seller reserves the right to refuse to approve any individual or entity applying to participate in any auction or "Buy it Now" listing as a Bidder. 7. AUCTION BIDS AND "BUY IT NOW" SALES. By placing a successful bid, or selecting the "Buy it Now" option on a Product listing, you are entering into a binding agreement between yourself and the Seller. Bids for a particular Product are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. If you bid an amount between increments, SCA will automatically round your bid up to the nearest increment. Once accepted, bids may not be retracted or canceled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for a Product do not apply to subsequent offerings of identical or similar Products. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by email. Reserve bid amounts are displayed at the discretion of the Seller. If you are the winning Bidder and do not pay your invoice or make plans to pay for your invoice within seven (7) days of the sale date, you will be charged a restocking fee of fifteen percent (15%) of your invoice total. Additionally, you will be banned from all future SCA Auctions and "Buy it Now" listings as a Bidder or Siller. SCA is not liable for any errors made while operating the technology used to host or bid on online auctions. 8. "AS IS '' / WHERE IS SALE. ALL PRODUCTS ARE SOLD "AS IS'', WHERE IS. Descriptions are given to Products, but Bidders expressly agree that they are not relying on such description, but instead will base all decisions to bid based exclusively on Bidder's examination of the listing's Product photographs. 9. PAYMENT. The following provisions govern procedures for the purchase of Products and related payment terms. Please note that all invoices issued over a two (2) day or four (4) day sale will be combined. a. PAYMENT DEADLINE. Payment for Products shall be immediately due and payable upon the conclusion of said Products' Auction or "Buy it Now" listing and presentment of an invoice. SCA reserves the right to void an invoice if payment in full is not received within seven (7) days after Auction close. In cases of nonpayment, SCA's election to void a sale does not relieve the successful Bidder from their obligation to pay SCA its fees (seller's and buyer's premium) on the Product listing and any other damages pertaining to Bidder's failure to tender payment. Alternatively, SCA at its sole option, may charge Bidder a twenty percent (20%) fee based on the Product's purchase price. In either case, SCA may offset the amount of its claim against any monies owing to the Bidder or secure its claim against any of the Bidder's property held by SCA. c. BUYER'S PREMIUM. All bids are subject to a Buyer's Premium which is in addition to the successfully placed bid. For currency, coins, tokens, notes and precious metals, the Buyer's Premium shall be fifteen percent (15%) flat fee. SCA's Buyer's Premium is subject to change and may increase from time to time without further notice at SCA's sole discretion. d. UNPAID BALANCE AND DISHONORED PAYMENTS. If any Auction or "Buy it Now" invoice submitted by SCA to Bidder is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will be a three percent (3%) late fee on the invoice amount. If SCA refers to any invoice to an attorney or third-party for collection, Bidder agrees to pay SCA's reasonable attorney's fees, court costs, and other collection costs incurred by SCA. In the event the Bidder fails to pay any amounts due, Bidder authorizes SCA to charge the Bidder's credit card on file with SCA in the amount required to pay the invoice in full (plus the applicable surcharge) or sell the Product(s) securing the invoice to any underbidders in the Auction that the Product(s) appeared, or at subsequent private or public sale, or relist the Product(s) in a future Auction or "Buy it Now" listing by SCA. A defaulting Bidder agrees to pay for the reasonable costs for resale (including, but not limited to, a 15% seller's commission, if consigned to an Auction conducted by SCA). The defaulting Bidder is liable to pay any difference between the total original invoice for the Product(s) if sold at a private sale or the subsequent ham m er price of the Product(s) less the 15% seller's commissions, if sold at SCA's Auction. Product title shall not pass to Bidder until all invoices are paid in full. SCA shall have a lien against the merchandise purchased by Bidder to secure payment of all outstanding invoices. SCA is further granted a lien and the right to retain possession of any other property of Bidder then held by SCA to secure payment of any invoice or any other amounts due to SCA from Bidder. If the Bidder receives any Product, Bidder agrees to hold such item in trust until SCA is paid in full. Any SCA foreclosure auction venue is deemed a reasonably commercial sale. In addition, with respect to payment of invoices, Bidder waives all rights to offset he/she/it might otherwise have against SCA and the consignor of the Product(s) included in the invoice. If Bidder owes SCA on any account, SCA shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in its possession. In the event the Bidder's payment is dishonored upon presentment, Bidder shall pay the maximum statutory processing fee set by applicable Texas state law. e. TAXES, DUTIES, AND CUSTOMS. Purchased Products may be subject to taxes, duties, customs and/or fees imposed by various domestic and/or foreign taxing authorities or governments. Bidder is solely responsible for payment of all such taxes, duties, customs and/or fees prior to delivery unless alternative arrangements are made in writing and pre -approved by SCA. Notice of compliance with Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the purchase of Product(s) made from protected species or wildlife. Any Product(s) made of or incorporating endangered or protected species or wildlife may have import and/or export restrictions established by CITIES in various countries and domestically. Plant and animal properties included, but are not limited to, items made of (or including) Brazilian rosewood, ivory, whalebone, turtle shell, coral, crocodile, alligator, lizard, or other wildlife. These items may not be available to ship internationally or, in some cases, domestically. Domestic bans and restrictions exist in these states: (1) California state law prohibits the importation of any product containing python skin into the State of California, (2) Fossil Ivory is currently banned or restricted in 5 U.S. States: New York, New Jersey, California, Hawaii, and New Mexico. By placing an Auction bid or selecting a "Buy it Now" option, the Bidder acknowledges that he/she/it is aware of any and all restrictions in their country or place of residence and takes responsibility for: (1) obtaining all information on such restricted item s for both export and import; (2) obtaining all such licenses and/or perm its. Delay, failure, or inability to obtain any such license or perm does not relieve the buyer of time payment or afford them the capacity to void their purchase or payment. Lots and Products containing potentially regulated wildlife material are noted in the description as a convenience to SCA's Bidders/Sellers. SCA does not accept liability for errors or failure to mark lots of Products containing protected, endangered, or otherwise regulated species. SCA is not liable for any loss caused by or resulting from: (1) seizure or destruction under quarantine or Custom s regulation or confiscation by order of any government or public authority, or risks of contraband or illegal transportation of trade; or (2) breaking of items. 10. PRODUCT SHIPPING & HANDLING / IN-PERSON PICK UP. By submitting a bid or selecting a "Buy it Now" purchase, the Seller and Bidder agree to SCA's shipping and handling policy and other charges, whether known or unknown to the bidder at the time of bid. SCA does not personally transport or deliver Products unless in-person pick up at a secure location (not SCA's office) is pre -arranged by Bidder with SCA. Unless otherwise noted, SCA shall coordinate shipping of Products to successful Bidders through reputable third-party shipping service providers such as the United States Postal Service (USPS), United Parcel Service of America, Inc. (UPS), FedEx Corporate Services, Inc. (FedEx), Deutsche Post AG (DHL), or the like. SCA does not guarantee delivery of purchased Products by a specified date, or at all, due to reliance upon third-party shipping companies. While SCA implements commercially reasonable efforts to initiate shipping with third-party shippers within seventy-two (72) business hours of full and final payment, Bidder agrees that neither delivery of an item after the date desired or expected by Bidder, or loss of an item by a third-party delivery service, gives rise to grounds for a partial or complete refund or a credit card chargeback. Bidders understand, acknowledge and agree that once SCA turns over a purchased Product to a third-party shipper, Bidders' sole recourse for any alleged lost or delayed Product shall be directly through the third-party shipper and its applicable insurance policy. Shipping & Handling fees shall be included in the successful Bidder's Product invoice. Shipping & Handling fees are subject to change. All deliveries are subject to SCA's receipt and clearance of good funds. 11. NO GUARANTEES OR WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY PRODUCT/LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY PRODUCT/LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, SCA IS SELLING ONLY THAT RIGHT OR TITLE TO THE PRODUCT/LOT THAT THE SELLER OR CONSIGNOR MAY HAVE AS OF THE AUCTION OR "BUY IT NOW" SALE DATE. IF A PRODUCT/LOT IS BEING AUCTIONED OR SOLD THROUGH A "BUY IT NOW" SALE ON A CONSIGNMENT BASIS, SCA DISCLAIMS AND MAKES NO WARRANTY OF TITLE AS SUCH PRODUCTS PURCHASED PASS DIRECTLY FROM THE SELLER/CONSIGNER TO SUCCESSFUL BIDDER. ALL PRODUCTS/LOTS ARE SOLD "AS IS", WHERE IS, AND WITH ALL FAULTS. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED IS MADE WITH RESPECT TO ANY DESCRIPTION, GRADE, OR PURPORTED VALUE CONTAINED IN ANY AUCTION OR "BUY IT NOW" LISTING. BIDDERS AND SELLERS AGREE THAT SCA IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE SCA SITE. BIDDER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AND PROVENANCE OF A PRODUCT/LOT. SCA DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF THE PRODUCT DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE PRODUCTS ARE CORRECT OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. SCA HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE SCA SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SAID INFORMATION OR ITS ACCURACY. YOU AGREE YOU DO NOT RELY ON ANY WRITTEN DESCRIPTIONS BUT WILL ONLY BID BASED ON EXAMINATION OF THE PRODUCT/LOT PHOTOGRAPHS POSTED IN CONNECTION WITH THE AUTION OR "BUY IT NOW" LISTING. You hereby acknowledge that the SCA Sites, the data entered on the Sites, and/or the Seller's auction or "Buy it Now" information may contain errors or inaccuracies. You understand, acknowledge and agree that the numismatic and precious metals markets are speculative, unregulated and volatile, and that coin, currency and precious metal value may rise or fall over time. SCA DOES NOT GUARANTEE OR REPRESENT THAT ANY BIDDER BUYER PRODUCTS FOR INVESTMENT PURPOSES WILL BE ABLE TO SELL SAID PRODUCTS FOR A PROFIT IN THE FUTURE. You further understand, acknowledge and agree that neither SCA, nor its owners, members, employees, affiliates, agents, representatives, third-party providers, or consignors warrant that Auctions or "Buy it Now" listings will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events. 12. CREDIT CARD CHARGEBACKS PROHIBITED. The "Limited Returns" provision set forth herein below provides the limited availability and procedure for facilitating Product returns in specific situations. Absent the express eligibility and strict adherence to the procedures for facilitating a return, Bidders shall not be entitled to return Product(s), partial or full refunds, wire recalls, stop payments on checks or credit/debit cards, or the initiation of a chargeback claim with a Bidder's credit/debit card provider. BIDDER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THERE EXIST NO LEGAL BASIS FOR INITIATING A CHARGEBACK CLAIM FOR ANY PURCHASED PRODUCT, AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. In the event a Bidder does not receive a purchased Product within thirty (30) days of payment, or the Bidder takes issue with a Product's grading or condition, Bidder's only recourse shall be against the third-party shipping company's insurance and/or the appropriate grading service. 13. LIMITED RETURNS. The following terms shall govern the limited return policy available to some Bidders for certain Product(s) under limited circumstances. a. No certified Product(s) may be returned because of possible differences of opinion with respect to the grade offered by any third-party organization, dealer or service. No guarantee of grade is offered for non-certified Product(s) sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Bidders will solely rely upon the posted photographs of the Product/Lot, and not the written description. b. Under extremely limited circumstances (e.g. gross cataloging error), a successful Bidder may request SCA to evaluate voiding a sale, if and only if: (i) such request is made in writing detailing the alleged gross error and submitted to SCA (at info@silvercreek-auctions.com) within three (3) days of receipt of the Product(s); (ii) submission of the Product(s) to SCA are pre -approved by an authorized SCA representative. (645 Red Oak Rd, Stockbridge, GA 30281) in writing of such request within three (3) days of the Bidder's receipt of the Product(s). Any Product that is to be evaluated must be in SCA's office (645 Red Oak Rd, Stockbridge, GA 30281) within thirty (30) days after the conclusion of the Product(s) auction. Grading or method of manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of Product(s). AT THE CONCLUSION OF THE AFOREMENTIONED THIRTY (30) DAY PERIOD, NO PRODUCTS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. IT IS WITHIN SCA'S SOLE DISCRETION TO DETERMINE WHETHER THE ALLEGED ERROR QUALIFIES FOR A PARTIAL, COMPLETE, OR NO REFUND (SUBJECT TO A 35% RESTOCKING FEE SET FORTH HEREIN). Returned Products must be housed intact in their unaltered original holders or packaging. Late remittance of payment for purchases may be considered just cause to revoke all return privileges. c. THREE (3) DAY RETURN POLICY. All item lots paid for within seven (7) days of the auction or "Buy it Now" sale are sold with three (3) day return privileges unless otherwise noted in the description as "Sold As Is / No Return". You may return Product(s) under the following limited conditions: (i) within three (3) days of receipt of the Product(s), you must first notify SCA by email (at info@silvercreek-auctions.com) and telephone (678-698-5294), obtain written pre -approval via email, and immediately ship the return Product(s) in their original condition, fully insured, and house d in their original holder or packaging, to the attention of "Silver Creek Auction Company, LLC - RETURNS, 645 Red Oak Rd, Stockbridge, GA 30281." Said return Product(s) must be in SCA's possession, custody and control within thirty (30) days after the conclusion of the Product(s) auction or such return privileges are revoked without further notice and the late Product will be shipped back to the Bidder a t his/her/its sole expense. A non-negotiable restocking fee of thirty-five percent (35%) of the purchase price ($10.00 per Product/lot minimum ) will be deducted from the refund for each returned Product (or billed directly to the Bidder). Postage and handling, customs, and other fees are not refunded. After the three - day period (from Bidder's receipt), no Product(s) may be returned for any reason. Late remittance for purchases revokes these return privileges. d . Bidders who have inspected the Product(s) in-person prior to an auction or "Buy it Now" purchase, or bid through an agent, will not be granted any return privileges, except for reasons of authenticity. h . Since SCA cannot examine encapsulated items, they are sold "AS IS" without SCA's grading opinion, and may not be returned for any reason. SCA shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated Product. In any such instance, Bidder's remedy, if any, shall be solely against the service certifying the Product. i. Due to changing grading standards over time, differing interpretations, and to possible mishandling of Products by subsequent owners, SCA reserves the right to grade items differently than shown on certificates from any grading service that accompany the Product, but shall have no obligation to do so. SCA also reserves the right to grade Product(s) differently than the grades shown in a prior catalog should such items be reconsigned to any future auction or "Buy it Now" sale, but shall have no obligation to do so. j. Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a Product is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the Product could come back with a different grade assigned. k. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some Products there may be no active market at all at certain points in time. l. All non-certified items are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and therefore the description rendered by SCA or any third-party grading service may not agree with the opinion of others (including trained experts), and the same expert may not grade the same item with the same grade at two different times. SCA may, but is not obligated to, describe non-certified numismatic items, in SCA's opinion, to its then current interpretation of the American Numismatic Association's standards as of the date the catalog was prepared. There is no guarantee or warranty expressed or implied that the grading standards utilized by SCA, if any, will meet the standards of any grading service at any time in the future. m. Storage of purchased coins, tokens and currency: Bidders understand and acknowledge that certain types of plastic may react with a coin, token or currency's surface or transfer plasticizer to notes and may cause damage. You understand, acknowledge and agree that you shall exercise caution to avoid the use of storage materials that are not inert. 14. RESTOCKING FEE. All Products which qualify for return and are returned in strict conformity with the notice and physical return requirements set forth herein, shall be subject to mandatory restocking fee equal to thirty-five percent (35%) of the Product's Auction or "Buy it Now" purchase price. 15. WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. In consideration of participation in SCA Auctions or "Buy it Now " listings, you, for yourself, your heirs, agents, successors, and assigns, generally and specifically waive and release, and forever discharge SCA, and its owners, members, managers, officers, employees, agents, attorneys, and representatives, and their respective successors and assigns, from any and all claims, rights, demands, causes of action, arbitrations, lawsuits, or other legal proceedings, of whatever kind or nature, including, but not limited to claims base dup on SCA's alleged negligence, whether in law or equity, tort or otherwise, whether known or unknown, suspected or unsuspected, which you may assert with respect and/or arising out of, or in connection with any challenge to the title to or authenticity of any Product purchased, the sale itself, any Product/lot bid upon or consigned, the Auction, or the "Buy it Now " listing, except where such Claim expressly authorized in this Agreement . It is your intention that is waiver and release shall be effective as a bar to each and every Claim that may arise here under or be related to the services, Auction, "Buy it Now" listing, the Sites, and/or the Product (s), and you hereby knowingly and voluntarily waive any and all purported rights and benefits otherwise conferred upon you by statute or common law. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF SCA SERVICES AND THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCA, ITS OWNERS, MEMBERTS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SCA SERVICES AND/ OR SITES, OR NEGLIGENCE OF SCA OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHT TO A JURY TRIAL IS WAIVED. 16. DISPUTE RESOLUTION, ARBITRATION AND REMEDIES. In consideration of the privilege to participate in SCA Auctions and sell or purchase Products through an Auction or "Buy it Now" listing, you accept the terms set forth in this Agreement and specifically agree to the dispute resolution provisions provided herein. a . Exclusive Dispute Resolution Process: All Claim s, disputes, or controversies arising out of, in connection with, and/or relating to: (i) your use of the Sites, (ii) participation in an Auction or "Buy it Now" listing, (iii) purchase or sale of a Product, (iv) any interpretation of the Terms or any amendments thereto, (v) any description of any Product/lot or condition report, (vi) any damage to any Product, (vii) any alleged verbal modification of any Term or condition report or description, and/or (viii) any purported settlement whether asserted in contract, tort, under federal or state statute or regulation, or any claim made by you concerning a Product or your participation in an Auction or "Buy it Now" sale involving a warranty or representation of a consignor, other person, or entity, including SCA (collectively a "Claim ") shall be exclusively heard by, and the claimant (or respondent) and SCA each consent to the Claim being adjudicated through confidential, binding arbitration before a single arbitrator administered by and conducted under the rules of the American Arbitration Association (AAA). The locale for all such arbitration shall be in Stockbridge, Henry County, Georgia. The arbitrator's award may be enforced in any court of competent jurisdiction within Dallas, Dallas County, Texas. In the event a Claim must be litigated after an arbitration dem and is filed with the AAA (including actions to compel arbitration, construe this Agreement, actions in aid of arbitration, or otherwise), such litigation shall be exclusively in the courts of Henry County, State of Georgia, and if necessary, the corresponding appellate courts. YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. b . Fees, Costs and Interest: Each party shall pay one -half of any anticipated arbitration fees to initiate the process. The prevailing party (a party that is awarded substantial and material relief on its liability and damage claim based on damages sought versus awarded or the successful defense of a Claim based on damages sought versus awarded) may be awarded reasonable attorney's fees, costs and applicable pre - and post-award interest by an arbitrator and/or subsequent court of competent jurisdiction. c. Remedies: Any Claim must be brought within two (2) years of the alleged breach, default, or misrepresentation or the Claim is waived. SCA's maximum liability shall be limited to any commission and fees SCA earned on that Product. SCA in no event shall be responsible for consequential, incidental, compensatory, or any other damages arising or claimed to be arising from the Auction or "Buy it Now" sale. Exemplary and punitive damages are not recoverable and are waived. In the event SCA cannot deliver a Product or it is subsequently established that the Product lacks title, or other transfer or condition issue is claimed, in such cases the sole remedy shall be limited at most to rescission of the sale and refund of the amount paid by Bidder; in no case shall SCA's maximum liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. In the event of an attribution error, SCA may, at its sole discretion, correct the error on the interne t/Site, or, if discovered at a later date, refund Bidder's purchase price without further obligation. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return. d . These Terms provide specific remedies for occurrences in the Auction or "Buy it Now" listing and delivery process. Where such remedies are afforded, they shall be interpreted strictly. You agree that any Claim shall utilize such remedies. In the event you make a Claim in excess of those remedies provided in these Terms, you agree that in no case whatsoever shall SCA's maximum liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. e . Failure to participate in the arbitration is a default and material breach of this Agreement. f. SCA reserves the right to initiate a lawsuit, instead of arbitration, for any unpaid amounts due from Bidder to SCA, and the parties agree. SCA is entitled to the additional recovery of attorney's fees, interest and costs in such matter. 17.GOVERNING LAW AND VENUE. This Agreement, the Bidder Terms & Conditions, the Seller Terms & Conditions, and any Claim shall be determined and construed in accordance with Georgia state law. Any and all Claims submitted to arbitration and subsequent litigation shall be exclusively heard by a single arbitrator (or subsequently by a court of competent jurisdiction) in Stockbridge, Henry County, Georgia where all obligations under this Agreement are performed. 18.NOTICES. Except as explicitly stated otherwise, notices to you shall be given by email to the email address provided by you to SCA during the Seller/Bidder registration process. Notices to SCA shall be given by email to info@silvercreek-auctions.com or by certified mail, return receipt requested (or other mail service providing delivery confirmation) to SILVER CREEK AUCTION COMPANY, LLC at 645 Red Oak Rd, Stockbridge, GA 30281. Emailed notices shall be deemed given twenty-four (24) hours after the notice email is sent, unless the sending party is notified that the email address is invalid within twenty-four (24) hours of being sent. It is your sole responsibility to keep SCA apprised, in writing, of your current email address at all times. 19. MISCELLANEOUS. a. TERMINATION. Without limiting any other remedies, SCA reserves the right to terminate your use of SCA Services, with or without cause, at its sole discretion. b. NO ASSIGNMENT. You shall not assign or transfer this Agreement, or any of its rights and obligations hereunder without SCA's prior written consent. c. NO AGENCY. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and SCA. d. USE AND OWNERSHIP OF DATA, IMAGES, AND TEXT. SCA owns all right, title and interest in and to all Auction and "Buy it Now" data, including images, videos, text, and all intellectual property rights therein and thereto. Seller expressly agrees that all data provided by a Seller to SCA for purposes of listing Seller's Product(s) for Auction or "Buy it Now" listing through consignment, may be utilized by SCA for purposes of marketing, promotion, and advertising SCA and/or Services, Sites, Auctions, and "Buy it Now" listings. By accepting these Terms, you further consent to being contacted by SCA in the future via phone and email. In conformity with "do-not-call" regulations promulgated by federal and/or state regulatory agencies, your utilization of SCA's Services and/or Sites and/or participation in a SCA Auction or "Buy it Now" sale, is affirmative consent to being contacted at the phone number and email address provided in your Seller or Bidder registration application and this consent shall remain in effect until it is revoked in writing. SCA may from time to time contact you concerning sale, purchase and/or auction opportunities available through SCA and its affiliates. e. AUCTION DATES AND TIMES. Auction dates and times are set by the Seller and are subject to change without notice. f. CONTACT INFORMATION. Should you have any questions concerning this Agreement, or if you desire to contact SCA for any reason, please email at info@silvercreek-auctions.com or call SCA at (678)698-5294.