The following Conditions of Sale, as amended by any posted notices or verbal announcements during the preview and up until the time of sale, set forth the terms and conditions on which property listed shall be offered for sale or sold through sealed bid by Orloff Estates on behalf of Bickel Fiduciary Group agent for the Robinson Trust. 1. Definitions In these Conditions of Sale 1.1 “Orloff Estates”means Orloff Estates as marketing agent for Bickel Fiduciary Group on behalf of the Robinson Trust and its affiliates. 1.2 “Sealed Bid” refers to the process by which prospective buyers will submit in writing the price at which they wish to purchase any given lot in the Sale. Note that each of the Automobiles being offered has a specific deadline for the submission and acceptance of bids. 1.3 "Buyer” means the person to whom the Lot is sold to or otherwise acknowledged as the Buyer by Orloff Estates or Bickel Fiduciary Group on behalf of the Robinson Trust 1.4 “Seller” is the Bickel Fiduciary Group on behalf of the Robinson Trust and its affiliates. 1.5 “Sale Price” means the price in U.S. dollars for which a Lot is sold to the highest bidder. 1.6 “Lot” means the property purchased by the Buyer. 1.7 “Purchase Price” means the sum of the Sale Price and any sales use or other tax due to any governmental authority as a result of the Sale of the Lot. The Buyer shall pay any applicable sales tax as determined by Seller. 2. The Seller 2. Orloff Estates sells as agent for the Seller and is not responsible for any default by the Seller or the Buyer. 2.1 Orloff Estates shall have the right, in its sole discretion, to refuse any bid, or to withdraw any Lot from the Sale and, in the case of any dispute, to put any Lot up for sale again. 2.2. Injury on the preview premises of Orloff Estates or at a third party location, 1225 E. Rialto Avenue Fresno, CA 93704 (the Premises"). Neither Orloff Estates or Bickel Fiduciary Group shall not be liable for any loss, damage or injury sustained by any person while on the Premises except where such loss, damage or injury is caused by the sole negligence or intentional act of Orloff Estates or Bickel Fiduciary Group or their agents or employees. 3. The Buyer 3.1 The Buyer shall be the highest bidder acceptable to Orloff Estates via sealed bid for any Lot. Any dispute shall be settled by Orloff Estates at his or her absolute discretion. 3.2 Every bidder shall be deemed to act as principal unless prior to the commencement of the Sale there is a written acceptance by Orloff Estates of a bidder registration form completed and signed by the principal which clearly states that the bidder is acting on behalf of the named principal. 3.3 No person shall be entitled to bid without first having completed and delivered to Orloff Estates a bidder registration form. 3.4 No person shall be entitled to bid on any of the automobiles, parts, tools or miscellaneous listed items without first having completed and delivered to Orloff Estates a Banking Reference Form 3.5 Any party wishing to submit a sealed bid on any of the Brass Era Automobiles will be required to provide a $20,000 deposit. The deposit will be made via wire transfer to an escrow account held and managed by Bickel Fiduciary Group on behalf of the Robinson Trust. The winning bidders deposit will be applied towards the purchase price of the Lot purchased. 3.6 Refund of Deposit 4. Contract of Sale 4.1 On the acceptance of the highest sealed bid a contract of sale is made between the Seller and the Buyer. Orloff Estates is not a party to the contract of sale and shall not be liable for any breach thereof by either the Seller or the Buyer. 4.2 Title to the Lot shall pass to the Buyer when the full Purchase Price for the Lot has been received by Bickel Fiduciary Group agent for the Robinson Trust 5. Bidder Registration 6. Bank References 7. Payment 8. Removal of Property 9. Risk of Loss 10. Vehicle Registration 11. Export License 12. Non-Payment of Purchase Price 13. Property Sold As-Is. CONDITIONS OF SALE
The following words and expressions shall (unless the context requires otherwise) have the following meanings:
Refund of the deposit will be made via wire transfer to unsuccessful Bidders bank of origin account ten days after the completion of the sale.
provided, however, that Orloff Estates and Bickel Fiduciary Group agent for the Robinson Trust makes absolutely no representation or warranty with regard to the quality, quantity, authenticity or marketability of such title.
Prospective bidders must complete a Bidder Registration Form prior to bidding at the Sale.
Prospective bidders interested in bidding on any of the automobiles must first complete the Banking Reference Form prior to bidding at the Sale
The Purchase Price and any sales use or other tax due to any governmental authority as a result of the Sale must be paid in full to Bickel Fiduciary Group on behalf of the Robinson Trust by cash or wire transfer in United States currency, no later 72 hours upon having received notification of acceptance of the successful bid.
All paid for property must be removed from the premises within 10 days of the completion of Sale unless otherwise noted or previous arrangements have been made and communicated in writing to Orloff Estates in advance.
The Buyer shall be responsible for any loss or damage to the lot from the time the contract of sale is made as described in paragraph 4 and neither Orloff Estates or Bickel Fiduciary Group on behalf of the Robinson Trust nor its employees or agents shall be liable for any loss or damage to or caused by all or any portion of the Lot from and after that time. In particular, but not by way of limitation, Orloff Estates or Bickel Fiduciary Group on behalf of the Robinson Trust assumes no liability for any damage caused to the Lot during transport by any carriers or agents who are neither agents nor employees of Orloff Estates or Bickel Fiduciary Group.
Buyer is advised that laws in several jurisdictions require that a Lot which is a motor vehicle be registered with governmental authorities, and that a certificate of title is usually necessary in order to obtain such registration. Orloff Estates or Bickel Fiduciary Group on behalf of the Robinson Trust makes no representation or warranty with regard to any registration or title document which may accompany the Lot or with regard to the future issuance of any title or registration document concerning the lot. The Buyer of a Lot is solely responsible for ensuring that it is registered as may be required by law, provided that Bickel Fiduciary Group shall make reasonable efforts to assist a buyer in registering any vehicle, provided further that Bickel Fiduciary Group shall not be obligated to incur any cost or liability in connection therewith.
Buyer shall be solely responsible, including the payment of any cost or fee, for obtaining any necessary license or permit to export the lot from the United States of America.
If the Purchase Price is not paid in full and/or the Lot is not removed in accordance with paragraphs 8 of these Conditions of Sale, Orloff Estates or may, as agent for the Seller in its absolute discretion and without any notice to Buyer, exercise one or more of the following remedies, in addition to any other remedy it may have at law or in equity: (a) Resell the Lot to the next highest bidder (b) put the lot up for sale again (c) Remove, store and insure the Lot at the cost and expense of Buyer; (d) Charge the Buyer interest in the amount of one and one-half percent (1.5%) per month, or the maximum amount allowed by law, whichever is greater, on any amount of the Purchase Price which remains outstanding from the date the Purchase Price becomes due under these Conditions of sale.
Each Buyer of any property acknowledges that the assets being sold consists of antique cars, parts and other similar material which have been collected over time by the decedent whose trust is the current owner of the property, and that the property is being sold by Bickel Fiduciary Group as agent for the trust and is sold without any express or implied warranties of any kind. Without limitation, all implied warranties are waived by any Buyer including, the implied warranty of merchantability and of fitness for any purpose. Each Buyer acknowledges that it has had the opportunity to inspect any property being purchased and to conduct the due diligence regarding desired by such person, including, without limitation, due diligence regarding provenance, functionality, original nature of parts, maintenance history and any other matters. The property will be purchased by the Buyer AS-IS, IN ITS PRESENT CONDITION and WITH ALL FAULTS.