Consignor Terms & Conditions:
These terms and conditions define the agreement between the Consignor and Consignee regarding the consignment of the vehicle listed on the Consignment Contract to the auction sale described on the Consignment Contract. Consignee agrees to provide auction services, sale facility, clerks, support staff, and event advertising and promotion.
THE CONSIGNOR AGREES TO THE FOLLOWING:
1. COMMISSIONS: No Reserve: Commissions payable will be 5%. With Reserve: Commissions payable will be 7%.
2. EXCLUSIVITY: Consignor agrees to grant the Consignee exclusive right and authority to advertise and sell the vehicle to the Consignee for the duration of the auction and 48 hours post auction if not sold on the block at auction. If during this period the vehicle should be sold or an introduction should be made which results in the subsequent sale or exchange of the vehicle to any third party, Consignor agrees to make immediate payment to the consignee of the sales commissions described in the paragraph above. The Consignee may retain possession of the vehicle or title until payment is made in addition to any other legal remedies which may be available.
3. INSURANCE: The vehicle will be insured at Consignor’s expense from the time of receipt by the Consignee until it ceases to be in the Consignee’s custody, in an amount equal to the greater of the reserve, if any, and the fair market value of the vehicle.
4. ILLUSTRATION: Consignor agrees that images of the vehicle can be used in advertising and promoting the sale.
5. TITLE: Consignor warrants that he/she is the sole and only owner of the vehicle and that he/she has full right and authority to sell the vehicle including clear title and consent from any lien holders. Consignor agrees to provide the buyer with good, clear and transferable title to the vehicle and to correct at Consignor’s expense any title defects and to pay any expenses associated with providing the buyer with good, clear and transferable title according to the requirements of the State of where the buyer seeks to register the vehicle.
6. PAYMENT: Consignor agrees and consents to the sale of the vehicle according to the terms and conditions outlined herein and in the Bill of Sale, a copy of which is available upon request. Consignor authorizes the Consignee to release the vehicle to the successful buyer and agrees to rely solely upon the buyer for payment. Consignor specifically releases the Consignee from any and all legal obligation for collection costs, attorney or legal fees or any other expenses associated with the sale of the vehicle and the collection of payment. If, as a convenience to the Consignor, the Consignee should issue payment to the Consignor on behalf of the buyer, the payment can be revoked, cancelled or withheld at any time at the Consignee’s sole discretion until payment has been received from the buyer. All or a portion of the sale proceeds may be withheld by the Consignee to satisfy any debt or obligation owed by the Consignor to the Consignee with respect to this or any other agreement.
7. SETTLEMENT OF ACCOUNT: Provided that the Consignee has received payment in full from the buyer, the Consignee will, within twenty (20) business days of receipt of payment from the buyer, pay to the Consignor the net proceeds, including/ however not limited to, deduction of applicable sales commissions and any other amounts owing to the Consignee by the Consignor.
Bidder Terms & Conditions
1. ALL BIDS ARE FINAL: If you are awarded the final bid, ownership changes hands at the drop of the gavel, you are responsible for payment in full. All bids made during the sale may not be withdrawn for any reason by any bidders, in person at the auction, via phone, or online.
2. BUYER’S FEE: A buyer’s premium will be charged on all lots sold. If your bid price is accepted as the winning bid on any lot, you will be charged a buyer’s premium in addition to the accepted bid price. Buyer’s premium is 10% on all automotive lots, 20% on non-automotive lots. Proxy purchases are subject to a buyer’s premium of 13% for vehicle purchases and 23% for non-automotive purchases. Premium will be added to the purchase price. Document fee of $25, paperwork processing and postage, and sales tax, if applicable, will be charged on the final total of purchase price plus premiums.
3. TERMS OF PAYMENT: Saratoga Automobile Museum records the bidder’s number of the successful bidder upon the Auctioneer’s declaration of the sale. Payment in full is required by 5 pm, Tuesday, September 22, following the auction. All payments must be in the form of bank wire transfer, cash or certified funds unless other arrangements have been approved in advance by the Executive Director. Cash payments of $10,000.00 or higher will be reported according to U.S. Federal government requirements. Should a bidder default on payment in any manner, without limiting any recourse the Saratoga Automobile Museum may have, bidder agrees to pay the Saratoga Automobile Museum all lost auction fees (which is the maximum published rates for (a.) the seller’s fee, (b.) the buyer’s premium, and (c.) the entry fee), this amount and due and payable without relief. Bidder agrees to also pay the Saratoga Automobile Museum’s costs of collection, including attorney’s fees and costs.
4. CONDITIONS OF SALE: According to New York State regulations all vehicles must be inspected prior to the vehicle leaving the Auction site if sold to a New York State Retail purchaser. All others are responsible for inspections and verification of condition and authenticity of any vehicle purchased. Statements printed in catalogs, signs, window cards, and verbal statements made by auctioneers or auction staff are representations made by the Consignor and the Saratoga Automobile Museum has no obligation to verify or authenticate any such claims on vehicles sold, whereas, with no representations or warranties, expressed or implied. The CONSIGNOR AND THE SARATOGA AUTOMOBILE MUSEUM DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED AS TO CONDITION, ORIGINALITY, OR AUTHENTICITY, PREVIOUS USE OR OWNERSHIP, MANUFACTURING OR RESTORATION PROCESSES, YEAR OR AGE, SERIAL NUMBER, MAKE, MODEL, OPTIONS, TOOLS, OR MILEAGE OF ANY VEHICLE OR COMPONENT OF ANY VEHICLE, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. In no event shall the Saratoga Automobile Museum, the auctioneer, or any of its employees, agents, associates or affiliates be responsible or liable in any way for any warranties, guarantees, histories, or descriptions of any vehicle or article offered for sale.
5. RISK OR LOSS: The Saratoga Automobile Museum encourages bidders to self-inspect the vehicles and/or memorabilia before bidding to ensure the quality of the conditions and/or repair/restoration. Once the gavel falls and the winning bidder number is called, the risk of loss or damages passes on to the winning bidder.
Bidder’s Initial ______
6. DEALERS: All dealers must have current resale certificate for sales tax and current dealer license on file with the Saratoga Automobile Museum’s auction office.
Bidder’s Initial ______
7. VEHICLE REMOVAL: Vehicles shall be removed from the Saratoga Automobile Museum premises no later than the fourth (4th) day following the date of sale, and thereafter, the Saratoga Automobile Museum may charge a reasonable daily storage fee of up to $25 per day, should any vehicle be left on the premises.
Bidder’s Initial ______
8. VEHICLE TITLES: The amount of time for transfer of titles may vary. It is understood by all parties that vehicles that have a “Title in Transit” may take additional time to process. The Buyer shall hold the Saratoga Automobile Museum harmless arising from any governmental agency delays.
Bidder’s Initial ______
9. TRANSPORTATION OF VEHICLES: We may, from time to time in our discretion, transport or arrange via third parties to transport vehicles belonging to you at your request and/or deemed necessary or desirable by us. In such cases, we are not liable for theft, conversion, loss, injuries, damage, claims, expenses (including legal fees), suits, or demands related to such vehicles (collectively, “transportation claims”), howsoever caused and to whomever caused. Such vehicles are being transported for you and at your request, and you assume all risks associated with the transportation of your vehicles. You further acknowledge and agree that your only claim or remedy for transportation claims, if any, shall be to and against the third-party carrier, its insurer, your own insurer, or the third-party that caused the alleged damage, and not to, against, or involving the Saratoga Automobile Museum.
Bidder’s Initial ______
10. ADDITIONAL LOT ITEMS: Buyer acknowledges that the Saratoga Automobile Museum shall not be responsible for safekeeping or delivery of any of the provenance, books, build sheets, Protect-O-Plates, window stickers, or other records, awards or documents regarding the lot, and that the Seller is ultimately responsible for safekeeping of these items.
ADDITIONAL TERMS: Vehicles not marked as offered without reserve 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. All terms of sale posted on the auction premises, printed in sale brochures or forms, publicly announced, or otherwise published are incorporated herein by reference. In the event either party brings action against the other arising from or relating to this bid card or any auction held in connection herewith, 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 the provisions of this bid card. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which Saratoga County, New York is located. You are responsible for all bids made with your bidder number, whether or not made by you and whether or not authorized by you. If your bidder card is lost or stolen, immediately report to the auction office as all bids made with this bidder number will be your responsibility.