Auctions America achieved one of its best spring sales results at Auburn Spring, generating nearly $10.2 million in total sales at the historic Auburn Auction Park. Led by the former Level 5 Motorsports Collection, offered entirely without reserve, the three-day sale saw nearly 350 vehicles and 450 lots of automobilia cross the podium, with 83 percent finding new homes. Bidders at Auburn Spring hailed from 38 states and 11 countries, with more than one-third representing first-time Auctions America clientele.
The success of the former Level 5 Motorsports Collection is the perfect case study for the power of 'no reserve' and represented a niche segment of the market that brought a whole new crowd to the Classic Car Capital of America. Outside of the collection, we assembled a high-quality group of cars, which translated to strong results across the board and specifically in the $100,000–$200,000 range throughout the event.
Beyond the Collection on Thursday, Auburn Spring also hit the mark across several segments of the market, with quality examples for every enthusiast. The AACA and CCCA National Prize-winning 1941 Packard One-Eighty Darrin Convertible Victoria brought a strong $360,000, while the above-estimate $220,000 achieved for a highly original 1968 Shelby GT 500KR Fastback demonstrates Auctions America's expertise in the market for high-performance Shelbys and Fords.
Auburn Auction Park
5536 County Road 11A
Bidders' Conditions of Business
Bidders' Conditions of Business
Please ensure that you have read and understand these Conditions of Business prior to bidding at this or any other RM Auctions, Inc. “RM” sale. Please note that the winning Bidder becomes a Buyer who is also bound by these Conditions of Business.
BIDDERS’ CONDITIONS OF BUSINESS
Please ensure that you have read and understand these Conditions of Business prior to bidding at this or any other Auctions America by RM, Inc. “AA” sale. Please note, that the winning Bidder becomes a Buyer who is also bound by these Conditions of Business.
1. Registration Fee. In order to register to bid onsite at auction, bidders must pay a $100.00 (USD) bidder registration fee.
2. Bidder must be at least 18 years of age. To bid at an AA auction, a Bidder must be at least 18 years of age.
3. All Bids are Final at Auction. At auction, there is no “cooling off period.” If you are awarded the final bid, ownership changes hands at the drop of the gavel. You own the lot (“lot” meaning any item sold at auction) and are responsible for payment in full. No Bidder may retract a bid made during the sale for any reason.
4. Payment. In the event of a successful bid, our Administration Representatives will e-mail you a copy of your Bill of Sale and wire transfer instructions following the sale. Payment is due in full on or before 5:00 p.m. of the next business day following the auction (“payment deadline”), and payment is to be made to AA. All payments must be in the form of cash or certified funds unless other arrangements have been approved in advance. Cash payments will be reported according to U.S. federal government requirements. If the Bidder uses a credit card to purchase nostalgia, a three percent (3%) convenience fee will be added to the purchase price. The title in a purchased lot will not pass until AA has received the full purchase price in cleared funds. AA is not obligated to release a lot to the Buyer until the title to the lot has passed, and any earlier release does not affect the passing of the title or the winning Bidder’s unconditional obligation to pay the full purchase price (the purchase price is comprised of the winning bid, the Buyer’s fee, and other approved costs). In the event that the winning Bidder does not pay any portion of the purchase price by the payment deadline, the Bidder agrees to and acknowledges the following: if AA elects to pay the consignor any portion of the sale proceeds, AA shall have all of the rights of the consignor to pursue the Buyer for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Business. The Bidder hereby authorizes AA to deduct the purchase price from the Bidder’s cash deposit or to charge this amount to the credit card that the Bidder has provided. If the Bidder’s cash deposit and/or credit card payment does not cover the purchase price, in addition to other remedies available by law, AA reserves the right to impose from the payment deadline a late charge of ten percent (10%) interest per annum on the (1) purchase price; (2) maximum published seller’s commission; (3) maximum published Buyer’s fee; (4) expenses; (5) any collection costs, attorney fees, and court costs incurred to enforce payment; and (6) other damages.
5. All Sales are “As Is” and “Where Is”. The Bidder is responsible for inspections and verification of condition, authenticity, and completeness of any lot purchased. No warranties or representations of any type whatsoever are made by AA. Statements printed in catalogues, brochures, signs, and window cards, as well as verbal statements made by auctioneers or auction staff, are representations made by the consignor, and AA has no obligation to verify or authenticate any such claims or representations. Any announcements made at the time of sale supersede any earlier printed information. Except as herein provided, all lots are sold as is, where is, with no representations or warranties, expressed or implied. THE CONSIGNOR AND AA DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO CONDITION, ORIGINALITY, OR AUTHENTICITY; ORIGIN OR PROVENANCE; PREVIOUS USE OR OWNERSHIP; MANUFACTURING OR RESTORATION PROCESSES; YEAR OR AGE; SERIAL NUMBER, MAKE, OR MODEL; OPTIONS AND TOOLS; ENGINE HOURS; AND MILEAGE OF ANY LOT OR COMPONENT OF ANY LOT, AND THEY SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. Bidder Responsible for All Risk of Loss or Damage. The Bidder is responsible for all risk of loss or damage immediately upon purchase of the lot.
7. Sales Tax. If a Purchaser of a vehicle resides in a state in which AA is registered to collect Sales Tax, AA is required to collect sales tax on the purchase of that vehicle. Currently, AA is registered to collect sales tax in the following states: California, Florida, Indiana, South Carolina, Arizona, New York, Pennsylvania, and Michigan. AA reserves the right to collect sales tax from residents from other jurisdictions if AA deems the collection of tax necessary.
8. Additional Fees and Taxes. The final bid price does not include the buyer’s premium or applicable taxes on each lot purchased. The bidder is responsible to pay all city, state, or other taxes due for which the bidder does not qualify as exempt. Proof of exemption is the bidder’s responsibility. Bidders are responsible for any duty costs noted or announced that are associated with their purchase. International bidders must pay any and all import duties that are due upon the import of the lot to its final destination.
9. Buyer’s Premium. Buyer’s premiums are as follows: a ten percent (10%) commission will be added to the final bid of each motor car lot purchased, and a fifteen percent (15%) commission will be added to the final bid of any other lot purchased.
10. Reserve. Lots not marked as “no reserve” (or similar) are subject to a reserve bid set by the consignor. When a lot 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.
11. Title Transfer. In an effort to ensure all titles are free and clear of liens or encumbrances, AA manages the process of title reassignment on behalf of the Bidder. Buyers will receive titles in the mail up to twenty (20) business days following the auction. A $75.00 (USD) administration fee will be assessed per lot purchased by an individual buyer however this fee will not apply to nostalgia lots.
12. Legal Action. In the event that either party brings action against the other, arising from or relating to this auction, the prevailing party, as determined by the court, shall be entitled to recover its reasonable attorneys’ fees and costs. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which the auction is located.
13. Absentee and Telephone Bidding. Absentee and telephone bidding are services provided by AA for your benefit, and AA cannot be held responsible for errors or omissions with respect to the bidding process, including failure to execute any bid. By submitting these bids, you have entered into a binding contract to purchase each lot if your bid is successful. If your bid is successful, you are to pay the purchase price, including the Buyer’s premium and sales tax, if not otherwise exempt. It is your responsibility to provide proof of exemption from sales tax at the time of registering to bid. By participating in telephone bidding, you acknowledge that AA has the right to record all telephone calls.
14. Online Services are “As Is” and “As Available.”
Bidders may be able to bid via websites, telephone services, applications, and tools (collectively “Services”).
AA tries to keep the Services safe, secure, and functioning properly, but AA cannot guarantee the continuous operation of or access to the Services. Bid update and other notification functionality may not occur in real time. Such functionality is subject to delays beyond AA’s control.
Bidders agree that they are making use of the Services at their own risk and that they are being provided to Bidders on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, AA excludes all expressed or implied warranties, terms, and conditions, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, AA (including any parent, subsidiaries, affiliates, officers, directors, agents, and employees) is not liable, and Bidders agree not to hold AA responsible for any damages or losses (including but not limited to loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• The inability to use AA’s Services
• Pricing, shipping, or other guidance provided by AA
• Delays or disruptions in AA’s Services
• Viruses or other malicious software obtained by accessing or linking to the Services
• Glitches, bugs, errors, or inaccuracies of any kind in the Services
• Damage to any hardware device from the use of any AA Services
• The content, actions, or inactions of third parties, including items listed using AA’s Services or the destruction of allegedly fake items
• The duration or manner in which the listings appear in search results
• The need to modify practices, content, or behavior, or the loss of or inability to do business as a result of changes to this user agreement or AA policies.
15. Posted Terms. Any and all terms of sale posted on the auction premises, printed in sale brochures or forms, described in this catalogue, publicly announced, or otherwise published are incorporated herein by reference. It is the Bidder’s responsibility to familiarize themselves with these terms.
16. Responsibility of Bidder. You are responsible for all bids made with your assigned 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 it to AA, as all bids made with your Bidder number will be your responsibility.
17. Rescission of Bid. AA may, at AA’s sole discretion and without any obligation to do so, rescind a bid on or sale of a lot if AA believes the bid or sale could subject AA to liability. AA is not responsible for any damages or losses that are claimed to have resulted from the rescission of the bid or sale.
18. Currency Display. AA may use a currency display in the saleroom for informational purposes only. The currencies listed on the currency converter are not real-time conversions pegged to market rates and are not to be relied on by anyone. Errors and inaccuracies may occur in the operation of the currency converter. To be clear, the bid price stated by the auctioneer is the prevailing and binding bid price.
19. Bank Letter. Please note that in order to register to bid at an AA sale, AA requires that all bidders provide a Bank Letter. All Bank Letters must be written on bank letterhead.
20. Credit Card Pre-authorization. Please note that in order to register to bid at an AA sale, AA requires a $2,000.00 (USD) pre-authorization to be placed on your credit card. If you fail to pay for a lot purchased on or before 5:00 p.m. of the next business day following the auction, you acknowledge that your credit card will be charged $2,000.00 (USD) for the missed payment; please note that you are still bound to pay your remaining balance. The $2,000.00 (USD) pre-authorization will not be charged to your credit card if you make full payment on or before 5:00 p.m. of the next business day following the auction. If you do not purchase a lot, your credit card will not be charged. If your credit card is not to be charged, the $2,000.00 (USD) pre-authorization will fall off your credit card within three to four business days depending on your credit card company.
21. Removal of Purchased Lots. All purchased lots must be removed from the auction site by 3:00 p.m. on the next business day following the auction. If the lot is not removed by the Buyer by 3:00 p.m. on the next business day following the sale, the Buyer will be charged a removal fee up to $550.00 (USD), and a storage fee of $50.00 (USD) per day will be charged until the lot is removed. Please note that the Buyer is required to insure their lot while it is being stored on their behalf.
22. Bidders’ Information on Select Lots will be provided to Thomas W. McNamara. Please note that if this symbol ‡ is listed beside a particular lot, AA is required to provide the winning bidders’ information to Thomas W. McNamara in his capacity as the court-appointed Monitor of Level 5 Motorsports, LLC (the “Monitor”). The Monitor consigned a lot with this symbol and as a condition of consignment; the Monitor required that he be granted the opportunity to review the winning bidder’s registration and payment information. By bidding and winning this lot, you hereby confirm that you agree that your registration information, as you provided to AA, may be provided to the Monitor.
BIDDERS’ CONDITIONS OF BUSINESS ADDENDUM
Unique Circumstance on Military Equipment Lots at Auction
Military Equipment Lots can only be sold to citizens or permanent resident of the United States (i.e. U.S. Persons as defined in the International Traffic in Arms Regulations, or ITAR). Winning Bidders will be required to sign a written statement certifying that they are either an American citizen or a permanent resident and are not buying on behalf of an end user who is neither a permanent resident nor an American citizen.
While Auctions America by RM, Inc. (“AA”) does not believe any of the military equipment lots in the auction to be in serviceable condition, some of the items may be subject to applicable provisions of the Gun Control Act of 1968 (”GCA’) or National Firearms Act of 1934 (“NFA”), or both, and may require approval from the ATF, and or sate or local authorities, or both, for the transfer to a buyer. In the event that ATF or any government agency denies the transfer for any reason, despite the buyer’s good faith efforts, AA’s sole responsibility shall be to return any amount paid for such items. AA shall not be responsible for any incidental or consequential damages related to the transferability or non-transferability of such items.
Bids shall be considered conditional on any item requiring any governmental licenses, permits, transfer taxes or transfer approvals until all such applicable approvals have been received by AA to establish that the buyer is lawfully able to acquire the item. The buyer is responsible for being properly informed about the law and regulations. We strongly recommend that the Buyer understand the need for qualified firearms counsel for any articles covered by the NFA and GCA, as violations of these statutes can carry severe civil and criminal penalties. The buyer is responsible for all the aforementioned costs and fees associated with the transfer of any equipment covered by these statutes, including the legal advice necessary to carry out such transfers.
The military equipment lots subject to the terms outlined above are as follows:
• 1942 GMC DUKW 353 Amphibious
• 1942 GMC AFKWX-353 COE
• 1944 Panzerjaeger 38(t) Mit 7.5cm Pak Ausf M
• 1942 International Harvester M5 13-Ton High Speed Tractor
• 1941 Krupp 8.8-cm Flak 36
• 1942 Dodge WC57 3/4 Ton, 4x4 Command Car – Modified
• 1944 Ford F60S-Bofors-1 Truck, 3 ton, 4x4, Bofors, SP AA
• 1943 Opel Maultier Panzer-Werfer 42
• 1951 Higgins Bridge Erection Pontoon Boat
• 1943 Diamond T M20 12 ton, 4x6 Prime Mover with Tank Transporter Trailer, M9
• 1944 GMC CCKW - 353 "Jimmy" Truck, 2-1/2 Ton 6x6, Cargo
• 1944 Buick M18 "Hellcat" tank destroyer
• 1992 AM General M998 Humvee
• 1944 White M16 Half Track
Sellers' Conditions of Business
Sellers' Conditions of Business
Please ensure that you have read and understand these Conditions of Business prior to bidding at this or any other RM Auctions, Inc. “RM” sale. Please note that the winning Bidder becomes a Buyer who is also bound by these Conditions of Business.
CONSIGNORS’ CONDITIONS OF BUSINESS
Please ensure that you have read and understood these Conditions of Business prior to consigning a vehicle at this or any other Auctions America by RM, Inc. “AA” sale.
1. No-Sale of Vehicle.
1.1 At the termination of this agreement due to a no-sale, AA shall return the vehicle (meaning multiple vehicles if the Consignor consigns multiple vehicles) to the Consignor or, at the option of both the Consignor and AA, enter into a new agreement.
1.2 In the event the vehicle is not sold, the vehicle must be removed from the auction site by end of day on Friday, May 19th, 2017. If the lot is not removed by the Consignor by Friday, May 19th, the Consignor will be charged a storage fee of $50.00 (USD) per day which will be charged until the lot is removed. Please note that the Consignor is required to insure their lot while it is being stored on their behalf.
2. AA Receiving Vehicle in Trust. The consigned vehicle or asset is delivered to AA in trust under the exact terms set forth in this agreement. AA agrees to receive this vehicle in trust and not to permit its use for any other purposes, other than those contained in this agreement, without the expressed written consent of the Consignor.
3. Services. AA agrees to provide auction services, a sale facility, clerks, support staff, and event advertising and promotion.
4. Commissions. In the event that the vehicle is sold, the Consignor agrees to pay the sales commission on the last accepted bid to AA, as indicated in the Commissions Section on the previous page in this package. Further, the Consignor acknowledges that AA will collect a Buyer’s Premium from the Buyer of the vehicle in question based on the last accepted bid on the vehicle.
5. Exclusivity. The Consignor grants to AA the exclusive right and authority to advertise and sell the vehicle for a period beginning with the date of this Agreement and ending sixty (60) business days following the auction. If during this period the vehicle should be sold or exchanged for money or other goods, or an introduction should be made that results in the subsequent sale or exchange of the vehicle to any third party, the Consignor agrees to make immediate payment of the applicable Buyer’s Premium and Seller’s Commission as outlined in this Agreement to AA on the sale price of the vehicle.
6.1 The Consignor warrants that the Consignor is the sole and only owner of the vehicle and that the Consignor has full right and authority to sell the vehicle.
6.2 The Consignor agrees to provide AA with a good, clear, and transferable title to the vehicle in advance of the auction; to correct, at the Consignor’s expense, any title defects; and to pay any associated expenses.
6.3 In order to facilitate and transfer the title for the vehicle, the Consignor agrees to sign a Power of Attorney attached in this package.
6.4 If the vehicle is not sold, the title will be returned by courier within thirty (30) business days following the conclusion of the auction.
7.1 As an accommodation to the Consignor, AA agrees to act as an intermediary between the Consignor and the Buyer by accepting the purchase price from the Buyer, transferring the vehicle to the Buyer, and delivering the amounts due to the Consignor under this agreement. If the vehicle is sold by AA during the term of this agreement, the money due to the Consignor shall be disbursed within twenty (20) business days after the sale, in accordance with the terms of this agreement. As used in this agreement, a “sale” occurs when AA either (i) receives the purchase price or its equivalent or executes a conditional sales contract for the vehicle or (ii) when the Buyer takes delivery of the vehicle, whichever occurs first.
7.2 The Consignor authorizes AA to release the vehicle to the successful Buyer and agrees to rely solely upon the Buyer for payment.
7.3 Before payment of any money due to the Consignor is to be made, the Consignor agrees to provide AA with the documents necessary to transfer the ownership of the vehicle to the Buyer.
8. Non-Payment by Buyer. In the event of non-payment by the Buyer, AA will endeavor to use reasonable efforts to enforce payment from the Buyer; however, AA shall not be liable to the Consignor for payment. If the Buyer does not pay AA, then, at AA’s sole discretion, AA may cancel the sale and return the vehicle to the Consignor, enforce payment by the Buyer, or take other actions permitted by law. Notwithstanding the proceeding sentences, if AA has paid any portion of the purchase price to the Consignor, but the purchase price has not been collected from the Buyer of the vehicle, the Consignor hereby agrees, simultaneously with such payment, to assign to AA any and all rights that the Consignor may have against such Buyer to the extent of such payment, whether at law, in equity, or under the Conditions of Business. The Consignor agrees to execute any documents reasonably necessary to evidence this assignment, including, with respect to the Consignor’s representations, warranties and indemnities set forth in this Agreement. The Consignor authorizes AA, at AA’s sole discretion, to impose on any Buyer, and retain for AA’s account, a late charge if payment is not made in accordance with the Conditions of Business.
9. Representations. The Consignor acknowledges that it is impossible to accurately predict the selling price or the time of sale for the vehicle, and accordingly, no such representations are made by AA.
10. Vehicle Description.
10.1 The Consignor agrees to accept sole responsibility and liability for any representations made by AA that accurately repeat the information supplied by the Consignor as to the character, features, condition, correctness, authenticity, or history of the vehicle and to indemnify, defend, and hold AA harmless from any claims that may be made with respect to any such representations.
10.2 The Consignor is required to review and notify AA of any inaccuracies appearing in all catalogue descriptions.
11. Vehicle Operation. The Consignor warrants that the vehicle is in a safe, operable condition to be driven by AA’s employees or representatives. The Consignor acknowledges that should AA, at AA’s sole discretion, determine that the vehicle is not safe to operate, the vehicle will not be allowed across the block under its own power.
12. Drivers. The Consignor acknowledges and grants permission for AA and its employees and agents to drive or move the vehicle from time to time before, during, or after the sale. The Consignor acknowledges that it is the Consignor’s responsibility to maintain sufficient insurance coverage to permit such driving, and the Consignor specifically agrees to indemnify, defend, and hold AA harmless, as provided in this agreement, from any liability that may result from such driving or movement of the vehicle.
13. Cancellation of Sale.
13.1 AA has the sole discretion to cancel an auction or the sale of the vehicle and will not be liable to the Consignor for any losses or damages resulting from the cancellation if AA believes the following events have occurred or have a reasonable probability of occurring:
13.1.1 Natural disaster;
13.1.2 Structural damage to auction venue prior to the auction;
13.1.3 Terrorist event;
13.1.4 Government/Court action, order, injunction, regulation, or law that necessitates a cancellation;
13.1.5 AA opines that the vehicle has been misrepresented by the Consignor;
13.1.6 AA opines that physical damage to the vehicle, which cannot be sufficiently repaired prior to the auction, occurred after this agreement was signed;
13.1.7 AA is threatened with a lawsuit from a third party;
13.1.8 AA faces reputational damages for selling the vehicle; or
13.1.9 AA faces liability or losses by selling the vehicle.
14. Estimates and Catalogue Descriptions. Any presale estimates are intended as guides for prospective bidders. AA makes no representation or warranty of the anticipated selling price of the vehicle, and no estimate anywhere by AA of the selling price of the vehicle may be relied upon as a prediction of the actual selling price. Estimates included in receipts, catalogues, or elsewhere are preliminary only, and they are subject to revision by AA from time to time at its sole discretion. The Consignor acknowledges that AA will not be liable for any errors or omissions in the catalogue or other descriptions of the vehicle, and these descriptions make no guarantees, representations, or warranties whatsoever to the Consignor with respect to the vehicle, its attribution, legal title, condition, value, or other characteristics.
15. Odometer Statement. The Consignor agrees to provide a duly executed odometer statement on or before the first day of the sale and to accept sole responsibility for the accuracy or inaccuracy of such statement.
16. Reserve Price. The reserve price bid noted on the reverse of this contract is the lowest bid acceptable to the Consignor. The reserve bid may be lowered at any time by the Consignor, either verbally or in writing, but it may not be raised. The reserve bid does not include commissions to AA. AA reserves the right to sell the vehicle at a price below the agreed verbal or written reserve price provided that the Consignor receives the same net proceeds as the Consignor would have received had the reserve bid been met. If no reserve, indicate clearly by writing “NONE” in the space provided.
17. Insurance. The Consignor will be responsible for maintaining adequate property insurance on the vehicle at all times, and this insurance must be at least equal to the aggregate low presale auction estimate for the vehicle, which in each case shall include insurance for damages to the vehicle and shall not be cancellable by the insurance company until after ownership and title has passed to the Buyer and the Buyer has taken possession of the vehicle from AA. AA does not maintain insurance with respect to the Consignor’s vehicle, but AA does carry Garage Keeper’s Insurance to cover AA employees’ acts of gross negligence while the vehicle is in the care, custody, and control of AA. With the exception of AA’s employees’ acts of gross negligence, the Consignor agrees that AA and their respective affiliates and agents will not be responsible for, and the Consignor releases AA and their respective affiliates, agents, and warehouses from, any and all liability for loss of, theft of, or damage to the vehicle.
18. Withdrawn Lots.
18.1 Consignor acknowledges that AA has incurred and will incur significant costs preparing, advertising, marketing, and promoting the vehicle for the auction.
18.2 If the Consignor withdraws a vehicle from the auction after the signing of this agreement, the Consignor will pay AA the Buyer’s Premium and Seller’s Commission that would have been due under this agreement, had the vehicle met its reserve or low estimate, by five PM (5:00 pm) of the next business day following the auction.
19. Legal Action. In the event that either party brings action against the other arising from or relating to the provisions of this agreement, 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 agreement.
20. Marketing Fee. The marketing fee is non-refundable and is not credited toward the sales commission.
21. Bidding Restrictions. The Consignor hereby agrees not to bid on the vehicle. Although the auctioneer shall be entitled to bid on the Consignor’s behalf up to the amount of the reserve (if applicable), the Consignor shall not instruct nor permit any other person to bid on behalf of the Consignor for the vehicle. If, however, in violation of the foregoing, the Consignor (or his agent) bids on the vehicle and becomes the successful bidder, the expenses, Buyer’s Premium, and Seller’s Commission on the hammer price shall be payable by the Consignor, the vehicle may be sold without reserve, and the Consignor will not be entitled to the benefit of any warranties under the Conditions of Sale.
22. Anti-Freeze is the Responsibility of the Consignor.
22.1 As the Consignor’s vehicle could be shipped to a location where below freezing temperatures are a possibility, it is the Consignor’s responsibility to ensure that within the last six (6) months they have winterized their vehicle for shipping in freezing temperatures. Winterizing a vehicle means that the Consignor has completely filled and properly mixed, at a minimum, negative twenty degrees Fahrenheit rated (-20 °F) anti-freeze into their vehicle’s radiator.
22.2 If any damage occurs because the Consignor did not properly winterize their vehicle, it will be the Consignor’s responsibility to cover the damages, and AA may recap these damages from the Consignor’s settlement. If it is found that the Consignor did not properly winterize their vehicle, the associated costs with checking, filling, and disposing the anti-freeze will be recapped from the Consignor’s settlement; if the vehicle is not sold, the Consignor must pay AA before the Consignor can re-take possession of their vehicle.
23. Entire Agreement. This document contains the entire agreement between the parties and shall be binding upon them and their respective heirs, personal representatives, and assigns. Except as otherwise expressly provided herein, this agreement shall not be modified, except in writing. Whenever used in this agreement, as the contract requires, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine and neuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the masculine and feminine.
24. No Legal or Tax Advice. This agreement is an important legal document. The Consignor acknowledges that the Consignor has had the opportunity to consult an attorney before signing this agreement and has signed this agreement after having the opportunity to consult with an attorney of their own choosing. Notwithstanding any references to any transactions or arrangements in this agreement, or any contemporaneous written, oral, or implied understandings of the Parties relating to the subject matter of this agreement, AA has not provided legal or tax advice or tax planning to the Consignor or for the Consignor’s benefit in connection with the transactions contemplated by this agreement, and no one at AA has acted as the Consignor’s attorney or tax advisor.