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2021 TERMS AND CONDITIONS OF SALE

The Bidder Agreement (“Agreement”) is made between of the mediation provision set forth in Section 5(B)
Barrett-Jackson Auction Co. LLC (“BJAC”) and the below does not create any warranties, express or
person or entity listed on the Bidder Application implied, and that BJAC shall have no liability to Buyer
(“Buyer”). or Seller as a result of its facilitation of any mediation.
(C) All Statements contained in any catalogs
1. LIMITATIONS AND DISCLAIMERS or advertisements of any type pertaining to the
(A) Each Lot is consigned to BJAC by a seller with a sale, including without limitation any statements
Consignment Agreement (“Seller”). Each Lot is sold concerning condition, genuineness or authenticity,
“AS IS, WHERE IS”, with all faults and defects and all origin or provenance, previous use or ownership,
errors of description. Buyer understands that: (i) any manufacturing or restoration processes, year or age,
and all information concerning any Lot is provided serial number, make, model or mileage of any Lot or of
by Seller; (ii) BJAC does not make any representations any component of any Lot, are provided by the Seller,
or express any opinions of its own concerning any not BJAC, and are either expressions of opinion or are
Lot; and (iii) BJAC does not undertake any duty to for ease of identification only, and they are not to be
examine any component of any Lot, research the title relied upon by Buyer as representations of fact. Buyer
documents or the provenance of the Lot or verify any assumes all risks associated with any nonconformity of
information provided by Seller for the benefit of Buyer any Lot or any component of any Lot. As a condition
or anyone else. Buyer acknowledges that BJAC’s only of participation in the auction, Buyer represents that he
duty toward Buyer is to transfer the Lot to Buyer “AS-IS, will conduct any inspections and examination necessary
WHERE IS”, upon full performance by Buyer under to satisfy himself of all material facts before making
this Agreement. Except with regard to such duty, Buyer any bid. For vehicles with a Reserve, the auctioneer
hereby waives and releases BJAC from and against any reserves the right to place bids for the consignor up to
claim, demand, liability, or expense of any kind arising the reserve amount.
out of or related to the Lot, expressly including without (D) Neither BJAC nor any agent, employee or
limitation any assertions of negligence (including representative of BJAC has given or authorized any
negligent misrepresentation), breach of contract or other person to give any oral or written affirmation,
breach of warranty. Buyer agrees not to join BJAC as a representation, warranty or guarantee concerning any
defendant in any action or proceeding arising directly or Lot. BJAC assumes no liability for any affirmations,
indirectly out of the condition of the Lot or any alleged representations, warranties or guarantees made by
representations concerning the Lot, and further agrees Seller to Buyer.
to look solely to Seller with respect to such matters. If (E) Buyer acknowledges that BJAC must comply with
Buyer fails to comply with this provision, Buyer agrees U.S.-mandated economic and trade policies and that
to reimburse BJAC for all costs, expenses and fees, such compliance may include reviewing individual
including attorney fees, in defense of such claims. customer and/or transactional data for compliance.
(B) BJAC expressly disclaims all warranties, express or (F) For auctions conducted in Nevada, neither the
implied, concerning the Lot, including warranties of Seller nor BJAC is required to obtain the emissions
merchantability or fitness for any particular purpose. inspections or tests required by NRS 445B.770. Any
Buyer represents that the amount bid for any Lot is emissions inspections or tests required must be
based solely on Buyer’s own independent inspection obtained by Buyer before a motor vehicle may be
and evaluation of that Lot. As a material inducement registered. (NRS 445B.805)
to this agreement: (i) Buyer has undertaken to make
his own examination of any Lot before bidding; and 2. COMMISSIONS AND FEES
(ii) assumes all risk of any nonconformities in any (A) A Buyer’s Premium Of 10% Of Final Bid Price Is
Lot. Buyer further acknowledges that he has not relied Payable For All Vehicle Lots (15% for Automobilia
upon any assumptions regarding BJAC’s knowledge Lots). Buyer understands and agrees that he must pay
concerning the Lot or the Seller, or upon any oral or the sum equal to 10% for any vehicle Lot or 15% for
written representations by BJAC, including without any Automobilia Lot purchased at this auction, that this
limitation any representations as to condition, year fee will be automatically included in the final settlement
or age, serial or identification number, make, model, figure, and that he will be subject to applicable taxes
mileage, equipment, genuineness or authenticity, and license fees. Buyer understands and agrees that a
originality, previous use or ownership, manufacturing 2% penalty will be added to the Buyer’s premium if
or restoration processes of any Lot or any component of Buyer leaves the auction venue without settling his final
any Lot. Finally, Buyer acknowledges that his invocation account. Sales tax, if applicable, will be charged on the

242 MARCH 20-27, 2021 THE SCOTTSDALE AUCTION