13 Barn Find Classic Cars & Machinery

TERMS & CONDITIONS: Please be sure that you read and understand the ?Terms and Conditions? before bidding. Your bid is a legal and binding agreement as to the terms set forth in these "Terms & Conditions" by Appraisal & Estate Sale Specialists, Inc., hereafter known as A.E.S.S. This auction is being held live in Riverside, California in conjunction with the online auction site, LiveAuctioneers.com. ***NOTICE.....Exact address will be posted in auction lots on June 1st. Bidders MUST register BEFORE auction begins. Bidders will need to submit, in person, a bank letter, on bank letterhead, for verification of funds before registration. If you bid and win through LiveAuctioneers, you must pay through LiveAuctioneers. Onsite bidders, we will only accept credit card payments up to $3,000.00. Remaining balances can be paid for by other forms of payment. If your total is greater than $3,000, then we ONLY accept cash, money order, cashiers check or bank wire transfers. We will provide you with our account information, when needed, for wire transfers. All funds including cashiers checks, money orders and bank wire transfers must clear our bank before any auction items or motor vehicles will be released. 1. All items are sold "AS IS" and "WHERE IS" and all sales are final when the hammer falls, no exceptions. It is the sole responsibility of the prospective buyer to inspect the item before purchase. Any condition statement, grading opinion, or test, reports, are a subjective judgement given and as a courtesy only and are not a guarantee of condition, authenticity, or restoration, or make and model. . Buyers are to determine condition, age, genuineness, authenticity, materials, quality, value, or any other determinant factors, regardless if the buyer bids on the internet or in person and regardless if the bidder has inspected in person or not. No warranties or representation of any type whatsoever are made by A.E.S.S. The consignor(s) and A.E.S.S. disclaim all warranties expressed or implied as to condition, originality, or authenticity, year, age. serial number, engine mileage, engine hours, restorations, options, age on any and all lots. A.E.S.S. accepts no responsibility for the condition of any items offered or any information given is a curiosity only. Buyer accepts and assumes all responsibility for purchase decision and all risk, regardless if the item was seen in person by the buyer or not. 2. Your bid is an agreement as to the terms set forth in these "Terms & Conditions" by A.E.S.S. Buyer releases Appraisal & Estate Sale Specialists, Inc., hereafter known as A.E.S.S., of any responsibility now and forever. The buyer assumes all risks of valuations concerning any and all purchases. A.E.S.S. does not and will not imply any warranty. No charge backs of any kind will be allowed. A.E.S.S. will not be responsible for errors and omissions of any kind and there are no refunds or returns. Any and all verbal announcements supersede the written catalog at auction time. In addition, if changes are to be made they will be announced by the auctioneer. All bidders are bound by any changes that either the auctioneer or auction house makes. 3. It is the responsibility of the buyer to arrange for shipping and transport arrangements and removal once the item has been fully paid for and all funds have cleared the bank. 4. A.E.S.S. reserves the right to have your funds verified before bidding on any item(s). The buyer's premium is 12% online and will be added to the final hammer price. 5. Payment is required for each vehicle and or items purchased. The Buyer?s Premium is calculated and added to the hammer price. As the buyer you are also solely responsible for any sales tax, use tax, Value-added tax or any other fees or taxes related to your purchase. The Bidder is responsible to pay all city, state, or other taxes. Bidders and or Buyer is solely responsible for any applicable duty on any motor cars or any other lot. International bidders must pay any and all import duties and taxes or fees, etc that are due upon the import of the motor car, or any other lots to it final destination. Payment is due immediately. Purchase price for non vehicles are as follow, hammer price added on top Buyer Premium, then sales tax. 6. All payments are made ONLY in United States dollars. Invoices will be sent through LiveAuctioneers.com on Sunday June 3, 2018 after the auction ends. Payment must be received by A.E.S.S within 24 hours after receiving the invoice at the end of auction. Winning bidder/ buyer shall not take possession of the lot until all amounts, including the hammer price, buyer's premium, and applicable taxes due to A.E.S.S. have been paid for in ful and verified funds. Payment is due immediately. Winning buyers who have not paid for their lot(s) of motor vehicles and or other items within three days at the end of the auction or by Wednesday June 6th, 2018, the winning buyer will forfeits all rights to purchase any and all winning items and lots then and forever. No charge backs will be accepted as buyer has agreed that they have assumed all valuation risk. A.E.S.S reserves the right to require payment in full, including buyer's premium and sales tax before releasing any lot to the successful purchaser. ALL Wire transfers will include an extra $25.00 fee under $2,000.00 7. A.E.S.S reserves the right to require payment in full and funds verified and cleared before releasing any lot(s) to the successful purchaser or the shipping agent of the purchaser. We must have written permission from buyer to release any lot (s) to a third party. A.E.S.S. will not pack or ship or move any of the lots. A.E.S.S. is not responsible for any acts of omission or error by a third party carriers, arranging for packing and shipping is solely the winning bidder responsibility and the risk of packing, handling, and shipping is solely on the winning bidder. 8. All winning lots will be picked up from the auction location in Riverside, California. A.E.S.S. will not be responsible for and shall have no liability for any damage to property left on its premises. All cars must be removed by June 10th, 2018. 9. Bidders must be 21 years of age to register to bid at this auction. 10. The record of sale is kept by A.E.S.S., if a dispute arises, the record of sale kept by A.E.S.S. will govern. 11. Onsite auction bidders must register with a $200.00 dollar refundable deposit, which we be refunded after the auction on Sunday June 3rd, 2018 if no winning bid is placed. Bidder(s) will also need a bank letter on bank letterhead for funds verification. 12. Buyers who are picking up vehicles must make an appointment for pickup. Buyers making shipping arrangements should use this Riverside, California address as the shipping/ pick up address. Items must be picked up or shipped out by June 10, 2018. Bidder(s) will also need a bank letter on bank letterhead for funds verification. Items not pick up/shipped out after 7 days are subjects to storage and removal fees. If the motor car(s) are not removed by June 10, 2018 a removal fee of $750.00 (Seven hundred and fifty dollars) dollars will be charged for each lot and a storage fee of $50.00 for each lot for each day in storage. Note that the buyer must carry insurance on all lots purchased, immediately upon the fall of the hammer. A.E.S.S. has the right to hold items that have been paid for in full, but have been in storage, until storage fee has been paid for. We will not be responsible for any loss or damage of merchandise left onsite or during the removal and storage of item any and all lots. A.E.S.S reserves the right to either, at A.E.S.S. discretion, claim item(s) or sell in a future auction, under the buyer's name, at 40% commission, with no minimums, no reserves. Note that the buyer must carry insurance on all lot(s) and motor vehicles purchased, immediately. Buyer forfeits all rights to the item(s) if not picked up, or shipped out, within 10 business days of auction end, regardless if the item or items or motor vehicle(s) have been fully or partially paid for. Failure to pay all balances due from the winning bidder within 3 days of auction close forfeits all rights to purchase any and all items from then to forever. 13. Auctioneer and or A.E.S.S. reserves the right, at his/her sole discretion, to accept or decline any bid, to accept or decline any challenge to any bid or bidding increment, to refuse any bid received, to open the bidding of a lot at any level deemed appropriate by the Auctioneer and to determine the prevailing bid. ALL auctioneers and auction house decisions will be deemed final. Auctioneer also reserves the right to pass on an item if it does not meet the reserve price. Bidding that exceeds $100,000.00 U.S. dollars, the auctioneer has the right to choose bidding increments as auctioneer sees fit. 14. A.E.S.S. will not be held responsible for any failures, including use and or failure of the internet, bids or bidding, its staff, or anything the causes failures. Under no circumstance will A.E.S.S. be held responsible for failure of internet connections, sites, internet bidding, or missed bids from internet failures or any other technology issues, or any A.E.S.S. staff issues, or any issues. Internet bidders do agree to these terms by participating in this auction. A.E.S.S. will not be held responsible for any technology or internet issue that cause bid disruption, missed bids, or bidding failures. Bidder acknowledges that A.E.S.S. is providing internet bidding as a courtesy only and internet bidders understand that this courtesy service may not function properly. If there is a tie between an internet bid and a floor bid, the floor bid takes precedence.The auctioneer and auction house has absolute and sole discretion on the case of error of dispute or for any reason whether during or after the sale to determine the successful bidder, to re-open the sale, to reopen the bidding at any point, to cancel the sale, or to re-offer and re-sell the motor cars. 15. Any and all measurements, test results, weights, color in photographs or descriptions, condition reports, in catalog are approximate and are meant as guidelines ONLY and are given as a courtesy only and are not a guarantee. A.E.S.S. will not be held responsible for any errors. 16. A.E.S.S. reserves the right to withdraw items at any point, including during the auction and items that have current bids on them. 17. By submitting a bid, in person, via phone, absentee, internet, or through an agent, that bidder agrees that he or she has thoroughly read the Terms and Conditions Agreement by A.E.S.S. and adheres to and agrees to the terms and condition of this sale, whether or not buyer has physically signed a copy of the T & C's. By bidding at an A.E.S.S. auction you are agreeing to and are bound by these terms. By bidding on items, buyer personally and unconditionally guarantees payment. 18. Auctioneer may pass on an item to protect the consignor. Consignors are not allowed to bid on items. There may be a reserve of any items. When a motor cars is is sold with reserve, auctioneer may bid on the consignor?s behalf not to exceed the amount of the reserve. 19. A.E.S.S. reserves the right to reject any bid from any source. 20.. If you are awarded the final auction hammer price and auction house has verified final bid, ownership changes hands at the drop of the gavel. You own the vehicle and or any of lot(s) are are responsible for payment in full. No Bidder may retract any bid during or after the sale for any and all reasons. We are not responsible for any damage or loss that occurs after the fall of hammer. Bidder is responsible for all risk of loss or damage and insurance immediately upon purchase of the motor car or motor cars or any other lots. It is the winning bidders expense and responsibility to remove motor vehicles and any and all lots, immediately after the verified funds have been received. 21. Auction participants will hereby indemnify and hold harmless the auctioneer, auction house, and seller from any and all damage claims or liabilities from any injuries to persons or property of any type, whatsoever, caused during the sale or during the removal of items purchased. Buyers are to remove purchased items at their own risk. Buyer must check and ensure that they have collected all lots and all items of a lot. This responsibility falls solely on the buyer. 22 A.E.S.S. has complete right, at our complete discretion, to refuse admission to the auction event, or refuse any bids. A.E.S.S. will use all reasonable Efforts to to avoid cancellation and rescission. However, A.E.S.S. has the sole discretion to cancel/rescind an auction of the sale of a motor cars or any any other lots. A.E.S.S will not be liable to the bidders for any losses or damages resulting from cancellation and or recession, for any and all reasons. 23. Buyer must complete registration before bidding. All prospective buyers must sign and complete a bidder registration form before bidding on any items. By bidding online your bid states that you agree to these terms. All decisions made by the auctioneer are deemed final. 24. If any lot is stolen and cannot be delivered to purchaser, A.E.S.S. will not be held liable or responsible. 25. Online bidding is a privilege and can be revoked and suspended at any time, for any bidder, for any reason. 26. Each lot in this catalog is offered for sale and is subject to the terms set forth, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements to this Catalog or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. No other communications by any member of the Auction House is intended to be binding, and such communications are made for informational purposes only. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet, or other absentee bid. 27. Catalog photos are not to scale. A.E.S.S. retains ALL rights to all photography and all other intellectual property. Catalog may not necessarily be correct in color due to the restraints of digital photography, exposures, monitors and electronic transmission. Buyer is encouraged to inspect and ask questions on items before bidding. 28. Lots will be sold to the highest bidder as determined by the sole judgement of the auction house and auctioneer. Auctioneer has the right to settle any disputes and reopen the bidding if the auctioneer deems necessary. Auctioneers have sole discretion to regulate the bidding, bidders, and increments. All decision made by the auctioneer and A.E.S.S. will be determined as final. You agree the by bidding through Liveauctioneers that the internet is not fully reiable bidding source , and you may not be the winner bidder even if it shows that you are the winning bidder on Liveauctioneers.com. Bidding maybe reopen at the auctioneers and auctions houses sole discretion due to internet lag time, or any and all reason determined solely by the auction house. If there is a tie between the Liveauctioneers bid and floor bid, floor bid takes precedence. We highly encourage internet bidders to leave a realistic absentee bid. A.E.S.S can reopen the bidding during the auction, at A.E.S.S. sole discretion even if the auctioneer has announced sold. 29. Auctioneers does not offer any warranties of/on/or authenticity. "NO" payments will be accepted by credit card over the phone. 30. If paying by cashier's check, A.E.S.S. will take cashiers check and or money order to the bank to verify before release of vehicles. . All moneys must clear bank before an lot, item(s), or motor vehicles are released by A.E.S.S. All payments must be in cash or certified funds. A.E.S.S. will not release motor cars until the winning bidder has meet all of the contractual obligations, and has paid the full hammer price plus buyer premium. 31. A.E.S.S. does not guarantee the working condition of any mechanical items including items with motors, motor vehicles. watches, lamps, clocks, musical instruments, motor vehicles, machines, or any device that has an electrical or mechanical moving nature. Nor do we guarantee any repairs. Buyer is advised to check for themselves the condition of these items. If you place a bid on LiveAuctioneers, that bid is a binding contract and you will be held responsible for your purchase. 32. These terms and conditions shall be governed by the Laws of the State of California. The exclusive venue for resolving any disputes arising from or related to these terms and conditions shall be in Orange County, in the State of California. If any action, suit or other proceedings is instituted that is related to, or arises from, these terms and conditions, the prevailing Party shall recover all of such Party's costs and attorney's fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions there from. 33. If your total is greater than $3,000.00 and you are not paying through LiveAuctioneers payment system, then we "ONLY" accept cash in person or bank wire transfers. We will provide you with our account information when needed. 34. Bidder releases, waives, and discharges A.E.S.S. for any and all claims arising out of, involving, or associated with a Lot description. Bidder shall reimburse A.E.S.S. for any costs and/or expenses (including, but not limited to, reasonable attorneys? fees) that A.E.S.S. incurs in defending any bidder?s claim arising out of, involving, or associated with a Lot description. 35. In the event of bidder?s default, including, but not exclusive to non-payment, A.E.S.S. may A) hold bidder liable for the Lot?s purchase price and sue for specific performance; B) cancel the sale and retain bidder?s payment as liquidated damages; C) resell the Lot without reserve at a future A.E.S.S. auction or by private sale, with, or without advance notice to bidder, with bidder remaining liable for any deficiency in resale price, D) purchase the Lot at the amount of Bidder?s bid; E) take any other lawful action to protect A.E.S.S. interest; or F) charge bidder?s credit card for any amount due A.E.S.S. and/or consignor. Bidder is liable for any and all costs and expenses arising from bidder?s default, including, but not limited to freight, storage, auction entry fees, commissions, reasonable attorneys? fees, court costs, and expenses. In addition to and complementary with the foregoing, A.E.S.S. shall be afforded the right to offset all costs and expenses arising from bidder?s default from any deposit which bidder may make in connection with an auction event. 36. This is the agreement in full and no edits will be made. You, as a bidder, agree that you have read and understand these ?Terms & Conditions? prior to bidding. The winning bidder then becomes the winning buyer who is also bound by these terms and conditions. THANK YOU and GOOD LUCK!!