Terms & Conditions for the bidders: PLEASE NOTE: If bidding on Cars or Motorcycles or intending to spend more than $5000 and pay by wire transfer we will need a bank letter of guarantee.
Bank Letter must follow this format: [SAMPLE] Bank Letter of Guarantee
(Bank Letterhead) (Date of issuance of guarantee letter) Bud Wards Auction Company, Inc. 13001 Interstate 30 Little Rock, AR 72209 This letter will introduce (Name of Bidder). The person listed on this letter presently has an account with our bank, and our bank will guarantee any checks written by (Name of Bidder) against this bank which are made payable to Bud Ward's Auction Co, host of auction. This guarantee is for purchase of vehicle(s)/part(s) at the Bud Ward Hot Springs, Arkansas Spring Collector Car AuctionHot Springs, Arkansas Spring Collector Car AuctionHot Springs, Arkansas Spring Collector Car Auction to be held on March 14th, 2009 for any amount up to ($_____________) and is good for a period of 30 days after the date of the sale. _________________________________________ Signature and title of bank officer affirming guarantee NOTE--Bank letter wording must follow this example 1.All articles are sold "AS IS, WHERE IS" and with no warranties or guarantees of any type either expressed or implied made by Ward's Auction Co., dba Bud Ward's Auction Company (hereinafter called Ward's). Any warranties made by the Seller/Owner must be in writing on an instrument separate from the Purchase Invoice & Bill of Sale and signed by both the Bidder/Buyer and Seller/Owner. In no event shall Ward's, the auctioneer or any employee, agent or associate of Ward's be responsible or liable for any such warranties, guarantees or genuineness or description of any article offered for sale. 2.All statements printed in Ward's catalogs, ads, brochures, signs and vehicle cards, as well as verbal statements made by the auctioneer or staff or announcements made on the date of sale, have come from the Seller/Owner, and that Ward's has not independently verified same. Ward's assumes no responsibility or liability for representations made by any Seller/Owner and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogs, ads, brochure signs, and vehicle cards. BIDDER/BUYER ACKNOWLEDGES BY BIDDING ON AN ITEM IN THE SALE THAT HE/SHE/IT/WILL NOT HOLD WARD?S RESPONSIBLE FOR ANY REPRESENTATIONS OR STATEMENTS MADE BY ANYONE BEFORE, DURING, OR AFTER THE SALE ABOUT THE VEHICLES/ITEMS BEING SOLD. 3.Payment of funds due Bidder/Buyer from any other transaction may, at Ward's discretion, be withheld from Bidder/Buyer and applied to other purchase(s) made by Bidder/Buyer. All payments must be made with good funds which are defined as VISA/MASTERCARD credit providing firm authorized by Ward's or A WIRE TRANSFER FOR AMOUNTS OVER $5,000 backed by an irrevocable bank letter of guarantee stating the amount to be honored by the bank. Drafts are not acceptable. Execution of this Bidder Agreement shall constitute written permission for Ward?s to obtain credit report on Bidder/Buyer. No article can be removed from the premises before making settlement. Title for any titled article purchased may be withheld until Bidder/Buyer/Buyer's funds clear the Seller/Owner's or Ward's bank account. All cash payments of $10,000 or more will be reported to the Federal Government subject to applicable (8300) law. 4.Unless agreed otherwise in writing by Bidder/Buyer agrees that Ward?s, all articles shall be removed from the sale area by the Bidder/Buyer ad Bidder/Buyer?s expense immediately following the sale, and if not so removed within 24 hours of the date of sale of the item Ward?s may remove the article with all costs of moving and storage to be paid by the Bidder/Buyer. Bidder/Buyer agrees that Ward?s has no liability for loss or damage to items left with Ward?s at any place of auction and that Bidder/Buyer shall maintain insurance to cover any items purchased at the sale. 5.If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Bidder/Buyer, in addition to other remedies available by law to Ward's and/or the Seller/Owner (including the right to hold the purchaser liable for the bid price). Ward's and or the Seller/Owner at its option may do either of the following: (1) Cancel the sale and retain as liquidated damages all payments made by Bidder/Buyer, or (2) resell the article on 5 days written notice to the Bidder/Buyer at a private or public sale for the account of and at the risk of the Bidder/Buyer and in any such even the Bidder/Buyer shall be liable for any deficiency plus all costs for such reselling including moving and storage and the entry fees and commissions for both the first and second sale and all reasonable attorney fees and court costs incurred. 6.All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced, or otherwise published are incorporated herein by reference. 7.If any check given in payment is dishonored for any reason, including but not limited to, insufficient funds, stop payment or the like, Bidder/Buyer agrees whether such check is signed by Bidder/Buyer as maker or endorser, that if such check is placed in the hands of an attorney for collection, to pay all reasonable attorney?s fees incurred, together with all court costs and associated expenses in the even suit is instituted. 8.Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. When an article is sold with reserve the auctioneer may bid on the Seller/Owner?s behalf in an amount not to exceed the reserve price. 9.Bidder/Buyer hereby irrevocably agrees and assents to the jurisdiction of the courts of Pulaski County and the State of Arkansas in any claim or complaint or lawsuit against Ward?s or any of its employees or independent contractors. If Bidder/Buyer sues Ward?s and does not prevail, Bidder/Buyer will reimburse Ward?s for all reasonable legal fees and expenses connected with such suit. Bidder/Buyer hereby agrees that the laws of the State of Arkansas will govern and control in any lawsuits or court actions that the Bidder/Buyer or anyone else may institute against Ward's. 10.Bidder/Buyer shall pay all city and state sales, used and other taxes assess, due to or resulting from the Bidder/Buyer?s failure to qualify as exempt from such taxes. Bidder/Buyer also agrees to pay the Buyer's Premium and any other applicable fees. 11.Bidder/Buyer agrees that its purchase of a vehicle shall be based relying entirely upon Bidder/Buyer's own examination thereof. Bidder/Buyer acknowledges that all sales are final and ?AS IS, WHERE IS? without any warranty of vehicle history, condition, title, options, specifications, fitness, for a particular purpose, and or merchantability unless otherwise agreed to in writing on a separate document signed by an officer of Ward?s. Bidder/Buyer accepts full responsibility and sole liability for the vehicle purchase as of the fall of the hammer and agrees to reimburse Ward?s and/or the Seller/Owner for any expenses resulting from moving, storing, and otherwise handling such a vehicle and assumes full responsibility and sole liability with respect to such vehicle prior to release thereof to Bidder/Buyer and removal by Bidder/Buyer from the auction premises. The bidder agrees to the following terms and conditions: (1) All purchases must be paid for in full by the end of the auction. All sales are final. Items sold AS IS, WHERE IS. (2) I have read the terms of this sale posted on this website, and said terms are incorporated herein by reference. (3) If any check given in payment is not honored for any reason (including but not limited to N.S.F, stop payment order, or the line) I agree whether the check be signed by me as the maker or endorser, that if such check is placed in the hands of an attorney and/or collection agency for collection, to pay all reasonable fees incurred, together with a ll costs of suit in the even suit is instituted. (4) Will pay any legal city or state sales or other tax assessed due to my failure to qualify for said tax. (5) Will pay 15% buyer premium on top of final bid price if the purchaser is the highest bidder. Payments Accepted: Visa, Mastercard, and Wire Transfer (only for amouts totaling $5,000+) Buyers Premium is 15%
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