MAILING ADDRESS: Carlisle Auctions, 1000 Bryn Mawr Rd., Carlisle, PA 17013 AUCTION LOCATION: Festival Park, 2738 Gall Blvd., Zephyrhills, FL 33541-9716 PHONE: 717-243-7855 800-303-CARS (2277) FAX: 717-960-6474 www.carlisleauctions.com TO: RE: PROSPECTIVE BIDDER WINTER AUTOFEST COLLECTOR CAR AUCTION Friday, February 20, 2015, starting at 9:30 a.m. Saturday, February 21, 2015, starting at 9:30 a.m. Carlisle Events very much appreciates your interest and participation in our auctions. You are very important to us. We look forward to you joining us as a bidder. The bidder registration fee is only $50.00 (non-refundable). Your check should be made payable to Zephyrhills Auction. Reserved parking area has been set aside for Bidders who register in advance. Each Bidder will receive a parking window decal, and two complimentary addmission passes. The parking window decal and admission passes will be mailed to you upon receipt of your completed Bidder registration form (including payment). Your bidder number and photo badge will be issued to you at the Bidder Office upon receipt of your Letter of Guarantee or $500.00 cash deposit. Purchases must be paid in full (bid amount plus 7% buyer s premium, tax, tag and title fees) at the conclusion of the day s sale. Should you have any questions, please call us at (717) 243-7855 x190. Bidders who are licensed vehicle dealers must submit copy of their dealer s license, dealer s representative authorization and Department of Revenue Annual Resale Certificate with their Bidder Registration. All vehicles must be removed from the auction site no later than 5:00 p.m. Monday, February 23, 2015. Insurance constraints prohibit pets, golf carts, scooters, mopeds, mini-bikes, ATVs and similar vehicles. Handicap scooters are available for rental from Scootaround, Inc. (1-888-441-7575). We look forward to your attendance and participation in this great ever-growing event.
MAILING ADDRESS: Carlisle Auctions, 1000 Bryn Mawr Rd., Carlisle, PA 17013 AUCTION LOCATION: Festival Park, 2738 Gall Blvd., Zephyrhills, FL 33541-9716 PHONE: 717-243-7855 800-303-CARS (2277) FAX: 717-960-6474 www.carlisleauctions.com 2015 BIDDER REGISTRATION FORM - Feb. 20-21, 2015 The following items are required to become a registered bidder. Bids are only accepted from registered bidders. Pre-registration is recommended. You may pre-register by MAIL or FAX. Registration is also accepted at the SALE SITE. Completed and signed (both sides) Bidder Registration Form $50 Bidder Registration Fee (One parking window decal and two event passes will be included with your bidder credentials.) Your check should be made payable to Zephyrhills Auctions. Copy of valid driver s license, state ID or passport Proof of current auto insurance will be needed if registering vehicle in FL PAYMENT TERMS OF VEHICLE PURCHASE(S): Cash, cashier s checks, certified funds, personal or company/dealer check with a bank letter of guaranty. (Credit cards are not accepted.) This deposit will be refunded by mail within 14 days after the sale. The deposit will not be refunded during the sale under any circumstances. Payment is required within two hours of purchase unless other terms are prearranged. You must pay the stated 7% Buying Premium, which will be added automatically upon settlement and payable without relief to the auction company. Sales tax is governed by where you title the vehicle. ALL BIDS ARE FINAL AT AUCTION. If you are awarded the final bid, ownership changes hands at the drop of the gavel. You own the vehicle and are responsible for payment in full. ALL LOTS ARE SOLD AS IS, WHERE IS. Dealers: Copy of your current dealer license Copy of your state resale (tax ID) certificate Consignors receive complimentary credentials with this completed, signed form. Bid limit is calculated on the value of your vehicle. To exceed this amount, a Bank Letter or cashier s check must be submitted at time of registration. ALL BIDDERS - COMPLETE THIS SECTION NAME ADDRESS CITY / STATE / ZIP EMAIL IN PROVIDING YOUR E-MAIL YOU AGREE TO RECEIVE COMMUNICATIONS FROM ZEPHYRHILLS AUCTIONS. HOME PHONE # CELL PHONE # q YES, I want to be a phone or absentee bidder. (If checked, an auction representative will contact you.) DRIVER LICENSE STATE & # DEALERS - COMPLETE THIS SECTION COMPANY / DEALER NAME TITLE ADDRESS CITY / STATE / ZIP BUSINESS PHONE # FAX # DEALER # STATE ISSUED RESALE (TAX ID) # RESALE BY FLORIDA DEALER Attach current copies of following items: Dealer s License & Annual Resale Certificate Florida Dealer s License Number Annual Resale Certificate Number RESALE BY NON-RESIDENT FLORIDA DEALER (Affidavit needed if you are a Licensed Dealer from outside Florida) If you are a licensed dealer from outside Florida and are not eligible for an Annual Resale Certificate from the Florida Department of Revenue, you will need to execute an Affidavit for Resale of Motor Vehicle Outside Florida by Non-resident Dealer in the presence of a Notary Public at the sale for each vehicle purchased. State of Dealer License Number Sales Tax Certificate Number DESIRED BIDDING LIMIT $ INTERNATIONAL BUYERS: All proceeds must be received via wire transfer (US Dollars) and a Bank Letter of Guarantee should accompany your registration form. PAYMENT METHOD FOR VEHICLE PURCHASE(S): q Cashier s Check / Certified Funds (enclosed) q Cash with advance deposit (10% of bid limit required) q Check with bank letter of guarantee (original letter enclosed) PAYMENT OF $50 BIDDER REGISTRATION FEE: Form of payment: q Check (Payable to Zephyrhills Auctions) q MasterCard q Visa q Am. Exp. q Discover Is the billing address same as above? q Yes q No If not, we may contact you for additional information. Credit Card No.: Expiration Date: Authorized Signature: By signing this agreement (on both sides), signor authorizes the investigation of his/her financial and credit worthiness and affirms he/she has read the terms and conditions of sale on the back of this form and states that he/she will abide by the same in their entirety. SIGNATURE X DATE BIDDER # LAST NAME, FIRST INITIAL OFFICE USE Data entered by: Date: Fee Paid: Type: Lot # Bid Limit: $ Method:
COLLECTOR CAR AUCTION TERMS AND CONDITIONS OF SALE GENERAL: The following terms and conditions govern this auction. Except where specifically stated to be selling as the Principal, Florida Car Shows, Inc. t/d/b/a Zephyrhills Auction ( Zephyrhills Auction ) is selling for and acting as the agent for the Consignor ( Seller ). The Seller has consigned their vehicle to Zephyrhills Auction for inclusion in this sale. Florida Car Shows, Inc. t/d/b/a Zephyrhills Auction is licensed by the State of Florida, Department of Highway Safety and Motor Vehicles, Division of Motorist Services as an Independent Dealer (License Number VI/1065761/1) and by the State of Florida, Department of Business and Professional Regulation, Florida Board of Auctioneers as an Auction Business (License Number AB3249) pursuant to the provision of Chapter 468, FS. 1. LIMITATIONS AND DISCLAIMERS (A) Each vehicle is consigned to Zephyrhills Auction by the Seller who is shown on the Contract of Sale (each vehicle so consigned is a Vehicle ). Each Vehicle is sold AS-IS, WHERE IS, with all faults and defects. The Buyer understands that: (1) any and all information concerning any Vehicle is provided by the Seller; (2) Zephyrhills Auction does not make any representations or express any opinions of its own concerning any Vehicle; and (3) Florida Car Shows does not examine any Vehicle or any component of any Vehicle, research the title documents or the provenance of the Vehicle or verify any information provided by the Seller, nor does Florida Car Shows undertake any duty to do any of the foregoing for the benefit of the Buyer or anyone else. The Buyer acknowledges that Zephyrhills Auction s only duty toward the Buyer is to transfer the Vehicle to the Buyer AS-IS, WHERE IS, upon full performance by the Buyer under this Agreement and at the times specified in this Agreement. Except with regard to such duty, the Buyer hereby waives and releases Zephyrhills Auction from and against any claim, demand, liability or expense of any kind arising out of or related to the Vehicle or the auction, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or breach of warranty. The Buyer agrees not to join Zephyrhills Auction as a defendant in any action or proceeding arising directly or indirectly out of the condition or history of the Vehicle or any alleged representations concerning the Vehicle, and further agrees to look solely to the Seller with respect to such matters. (B) Zephyrhills Auction disclaims all warranties, express or implied, concerning the Vehicle, including the warranties of merchantability or fitness for any particular purpose(s). The Vehicle is sold AS-IS, WHERE-IS WITH ALL FAULTS AND DEFECTS. The Buyer represents that the amounts bid for any Vehicle are based solely on buyer s own independent inspection and evaluation of that Vehicle. The Buyer must understand that he/she is buying property entirely upon his own or his agent s examination and opinion. By placing a bid on any Vehicle, the Buyer acknowledges that: (1) the Buyer has undertaken to make his/her own examination of the Vehicle before bidding; and (2) has satisfied himself or herself with the condition, year or age, serial or identification number, make, model, mileage, equipment, genuineness or authenticity, originality, previous use or ownership, manufacturing or restoration processes of the vehicle. The Buyer further acknowledges that he or she has not relied upon any assumptions regarding Zephyrhills Auction s knowledge concerning the Vehicle or the Seller nor upon any representations by Zephyrhills Auction, including, without limitation, any representations as to condition, year or age, serial or identification number, make, model, mileage, equipment, genuineness or authenticity, originality, previous use or ownership, manufacturing or restoration processes of any Vehicle or any component of any Vehicle. (C) All statements contained in any catalogs, brochures or advertisements of any type pertaining to the sale, including without limitation any statements concerning condition, year or age, serial or identification number, make, model, mileage, equipment, genuineness or authenticity, originality, previous use or ownership, manufacturing or restoration processes of any Vehicle or of any component of any Vehicle, are the sole expressions of the Seller and not Zephyrhills Auction. Zephyrhills Auction acts solely as the Seller s agent, and assumes no liability for any affirmations, representations, warranties or guarantees made by the Seller. (D) All sales are without reserve unless a Vehicle is explicitly offered with reserve. Zephyrhills Auction hereby gives notice that it has the liberty to make, procure and receive bids on the Seller s behalf. For Vehicles consigned with a RESERVE price, Zephyrhills Auction, may bid on the Seller s behalf up to the RESERVE AMOUNT. Under no circumstances will the auctioneer place a bid on behalf of the consignor at or above the reserve. Furthermore, the consignor has the right to lift the reserve price whereupon it will be sold to the highest bidder at the hammer at that time. When reserve has been lifted, the auctioneer will duly announce it. (E) Zephyrhills Auction is not responsible for lost, stolen, or damaged properties. (F) Zephyrhills Auction is not liable for any third party liabilities. 2. PROCEDURES (A) All bids are to be per Lot unless otherwise mentioned by the Auctioneer. Zephyrhills Auction has the right, at its sole discretion, to divide any Lot, to combine two or more Lots, to withdraw any Lot and in the case of a dispute, to put any Lot up for Auction again. (B) The highest bidder is to be the Buyer. In all cases of disputing bids, the Vehicle shall be resold, but the Auctioneer will use his judgment as to the good faith of all claims and his decision is final. (C) Bidders are required to register and give full identification prior to bidding and are required to use the number issued to them when identifying themselves as the successful bidder. Invoicing on purchases will be done according to the information on the Bidder s application. Bidders are responsible for all bids made with the bidder number issued by Zephyrhills Auction. Bidders are responsible for making themselves aware of all saleroom notices and announcements. Zephyrhills Auction reserves the right at its sole discretion to allow unregistered bidders to bid. Zephyrhills Auction has the right, at its discretion to refuse any bid. (D) Automobiles are offered for sale by Lot Number. The auctioneer will accept bids from the bidders present in the room, absentee bidders by telephone, absentee bidders who leave written bids in advance of the auction. The auctioneer may also execute bids in response to salesroom, telephone or absentee bids. (E) Zephyrhills Auction will supply an area for cars that do not reach agreeable sale price, so as to endeavor to secure a proper Buyer for the Seller/Consignor. 1. This area will be staffed by Zephyrhills Auction to accept offers on such vehicles. 2. Any and all vehicles sold in this manner will be sold by the same terms as cars sold on the auction block. 3. PAYMENT (A) The Buyer shall bring a bank reference and photo ID. The Buyer agrees to pay for all Vehicles on the day of sale by United States currency, bank wire, certified check or cashier s check. Personal checks may be accepted at Zephyrhills Auction s sole discretion, but only if accompanied by irrevocable bank letter of guaranty, in favor of Zephyrhills Auction, stipulating buyer s credit limit on the day of the sale. If not paid for and taken away by the Buyer within 24 hours of the completion of the auction event, the Vehicle may be removed to a public or private warehouse by Zephyrhills Auction, without notice, at the risk and expense of the Buyer. Any vehicle so removed is subject to a handling charge of 1% (one percent) of the purchase price, per month, until it is removed. After 60 days, Zephyrhills Auction may dispose of the property in any fashion as they see fit without recourse or damages to Buyer. BUYER HEREBY WAIVES ALL REQUIREMENTS OF NOTICE, ADVERTISEMENT AND DISPOSITION OF PROCEEDS REQUIRED BY LAW, AND RELEASES ZEPHYRHILLS AUCTION FROM ANY LIABILITY WHATSOEVER IN CONNECTION WITH SUCH DISPOSAL. The Buyer hereby authorizes Zephyrhills Auction to recover lost commissions due should the Buyer default (including, but not limited to freight, storage, difference in received value, auction fees). (B) Should Buyer, default upon the purchase in any manner, for any reason, the Buyer also agrees to pay Zephyrhills Auction the full sum of both the buyer s premium (7% of sale price) and the seller s commission (which varies between 5% or 7% of sale depending on circumstances of consignment). This sum is due and payable without relief. Buyer further agrees to pay any court costs, attorney fees, storage, etc., incurred by the Seller or Zephyrhills Auction This in no way releases the Buyer from any and all financial responsibility regarding said purchase. (C) A BUYER S PREMIUM OF 7% OF THE FINAL BID IS PAYABLE BY THE BUYERS OF ALL VEHICLE LOTS. The Buyer understands that they must pay the sum equal to 7% (SEVEN PERCENT) for any Vehicle, and that this fee will be automatically included in the final settlement figure, and will be subject to applicable taxes and license fees, and is payable without relief to Zephyrhills Auction (D) The Buyer will be required to pay all applicable taxes, license fees, or other fees levied by any authority, unless Zephyrhills Auction receives satisfactory exemption (to be determined at Zephyrhills Auction s sole discretion). (E) Upon making the settlement, no stop payment of funds will be honored and any stop payment order of check or giving of check which is returned marked insufficient funds shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as an intent to defraud in order to consummate the transaction. 4. PASSING OF TITLE (A) Upon Auctioneer s call of SOLD, the Buyer: (a) assumes full risk of loss and responsibility therefore to properly secure the Vehicle and ensure the Vehicle s safety. Neither the Seller nor Zephyrhills Auction or its agents shall be responsible for the loss of, or any damage to any article due to the theft, fire, breakage or any cause whatsoever, however occasioned, and (b) will sign a confirmation of purchase of the Vehicle, and will thereupon pay the full purchase thereof. (B) Vehicles/Lots, Titles and/or Bills of Sales will only be released in the case of cash purchases. In all other cases Vehicle/Lots, Titles and/or Bills of Sale will only be released after all other forms of payment (cashier checks, travelers check, money orders and company and personal check), even if you have submitted a Letter of Guaranty and have cleared Zephyrhills Auction s bank account. The Title/Bill of Sale will be delivered to the Buyer at the time settlement is made with the Seller/Consignor on or before 21 banking days from the time of sale. 5. REMEDIES (A) If the buyer fails to comply with any of these Conditions of Sale, Zephyrhills Auction may, in addition to asserting all remedies available by law or previously stated in these terms and conditions (including the right to hold such defaulting buyer liable or the purchase price): (i) cancel the sale, retaining as liquidated damages any payment made by the Buyer or (ii) take any such action that Zephyrhills Auction deems necessary or appropriate. If Zephyrhills Auction resells the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including warehousing, the expense of both sales, including commissions, attorney s fees, incidental and consequential damages and all charges due hereunder. In the event that such buyer pays a portion of the purchase price for any or all lots purchased, Zephyrhills Auction shall apply the payment received to such Vehicle or Vehicle(s) that Zephyrhills Auction, in their sole discretion, deems appropriate. Any Buyer who fails to comply with these Conditions of Sale will be deemed to have granted Zephyrhills Auction a security interest in, and Zephyrhills Auction, may retain as collateral security for such buyer s obligation to Zephyrhills Auction, any property in Zephyrhills Auction owned by such Buyer. Zephyrhills Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code as adopted in the Commonwealth of Pennsylvania. (B) The Buyer s sole and exclusive remedy shall be an action for damages against the Seller and not against Zephyrhills Auction (C) This agreement shall be interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. The sole and exclusive jurisdiction and venue for any claim, controversy or dispute arising out of or relative to this Agreement or the Auction shall be the Court of Common Pleas in and for Cumberland County, Pennsylvania. In the event: 1) the Buyer institutes or initiates arbitration or court action against Zephyrhills Auction in any way relating to this Agreement or the Auction; 2) Any action is taken by Zephyrhills Auction against the Buyer to enforce this Agreement either in a court of law or arbitration; or 3) in the event Zephyrhills Auction is joined in any action filed by the Owner against the Buyer, the Buyer shall pay Zephyrhills Auction s attorneys fees, witness fees, court costs and collection costs. Additionally, Zephyrhills Auction s total liability with respect to all losses arising under or in connection with this Auction or these Terms and Conditions, whether in contract or in tort or breach of any statutorily created obligation or duty, or otherwise shall be limited to Zephyrhills Auction s portion of the net sales proceeds of the lot (i.e. the commissions). (D) Should any dispute arise after the sale, the auctioneer s records shall be conclusive in all respects. 6. VEHICLES SOLD WITHIN 21 DAYS OF THE AUCTION The Buyer agrees that if they acquire or if any related entity or person acquires, within twenty-one (21) days of the auction date, any Vehicle consigned to the Zephyrhills Auction that it is not sold through the auction for any reason, the Buyer will be obligated jointly and severally with the Seller for the immediate payment to Zephyrhills Auction of a commission in the applicable amount of the consigned reserve price of the Vehicle. Zephyrhills Auction is entitled to any fee on any Vehicle sold due to a Zephyrhills Auction event up to 21 days after said event. Zephyrhills Auction, at its sole discretion, has the right to enforce this policy. 7. CONDITIONS OF THE SALE The above stated Conditions of Sale cannot be altered except in writing from Zephyrhills Auction 8. CHANGES Until a fully executed agreement is in effect, Zephyrhills Auction reserves the right to change the terms hereof without notice. 9. ACKNOWLEDGEMENT I have read the BIDDERS REGISTRATION FORM, including in particular the CONDITIONS OF SALE, and I hereby agree to be legally bound by them. I acknowledge that the additional sheets included with the bidder packet that I received include additional terms and conditions and I hereby warrant that all statements made and information provided in the bidder package are true and correct. SIGNATURE X I have read, understand and accept all terms and conditions.
Bank s Letterhead SAMPLE LETTER OF GUARANTEE Zephyrhills Auction 1000 Bryn Mawr Road Carlisle PA 17013 RE: (Bidders Name) Dear Ladies/Gentlemen: This letter will serve as notification that (Bank Name) will irrevocably honor and guarantee payment of any check(s) written by (Bidder s name) up to the amount of (amount guaranteed) for a period of 30 days from auction date, in United States Dollars, and drawn on account number (Bidder s account number). The following are authorized signor(s) on this account: [name(s) of authorized signer(s)]. No stop payments will be issued. This guarantee is for the purpose of our customers purchasing automobiles at the Zephyrhills Auction at Festival Park in Zephyrhills, Florida, during the Winter AutoFest on February 20 and 21, 2015. Should you need further information, please contact (Officer s name). Witness by hand this day of, 20. Officer s Name and Title Bank Name
MAILING ADDRESS: Carlisle Events, 1000 Bryn Mawr Rd., Carlisle, PA 17013 AUCTION LOCATION: Festival Park, 2738 Gall Blvd., Zephyrhills, FL 33541-9716 PHONE: 717-243-7855 800-303-CARS (2277) FAX: 717-243-0255 www.carlisleevents.com Dealer Registration & Guaranty Agreement In consideration of ZEPHYRHILLS AUCTIONS (herein called Auction) allowing (hereinafter called Dealer) to buy and sell motor vehicles through Auction, the undersigned Dealer and undersigned individual(s), whether one or more, personally agree as follows: 1. They guarantee and warrant that the title to each motor vehicle sold by Dealer through Auction will be good and will be free and clear of all liens and encumbrances, whatsoever, that Dealer owns each motor vehicle and that Dealer has the lawful right to sell each motor vehicle. 2. They are fully responsible for all actions of all persons authorized by Dealer to represent Dealer at Auction. Dealer must report any changes in authorization to Auction in writing, however, de-authorization shall not be effective until the representative s auction identification card has been returned to the physical possession of Auction. 3. They unconditionally guarantee full payment of any debts of Dealer to Auction for services of any nature whatsoever rendered by or on behalf of Aucton, including any checks or drafts issued by Dealer of any of Dealer s representatives and acknowledged that all financial obligations of Dealer to Auction will accrue interest at the highest rate allowed by law. 4. They unconditionally guarantee the accuracy of the odometer mileage statements given by or on behalf of Dealer in all sales of motor vehicles by Dealer through Auction, regardless of whether Dealer is at fault. They agree to repurchase from the purchasing dealer or Auction any motor vehicle with any odometer problem, regardless of fault and regardless of the nature of the problem, including all incidental and consequential damages and expenses incurred by Auction and/or the purchasing dealer. 5. They unconditionally guarantee that the prior use and condition of any motor vehicle sold by Dealer through Auction will be completely and accurately disclosed. This includes, without limitation, police vehicles, taxi cabs, municipal vehicles, fire vehicles, flood vehicles, clips, salvage vehicles, rebuilt vehicles and reconstructed vehicles. They agree to repurchase from the purchasing dealer or Auction any motor vehicle with an inaccurate disclosure of prior use or condition, regardless of fault and regardless of the nature of the prior use or condition, including all incidental and consequential damages and expenses incurred by Auction and/or the purchasing dealer. 6. If Dealer fails to pay Auction for a vehicle purchased by Dealer through Auction: A. Auction will be allowed to sell the vehicle to mitigate its loss at wholesale or retail without notice to Dealer or the undersigned, and the undersigned will be fully liable to Auction for any deficiency, including incidental and consequential damages and expenses incurred by Auction. Notice of resale required by the Uniform Commercial Code or any other law is waived. B. Auction shall have the right, and Dealer hereby authorizes and empowers Auction to enter upon any premises wherever any such vehicle may be and remove same. Dealer shall pay all expenses and reimburse Auction for any expenditures in connection with Auction s exercise of these rights. C. Dealer appoints Auction, and all of Auction s employees, agents and representative, as Dealer s attorney-in-fact for the purpose of recording a lien on the title to any such vehicle in the amount of the full purchase price, interest and expenses, including attorney s fees. D. The rights and remedies hereinabove are in addition to and not in lieu of the other rights and remedies Auction has under applicable law. 7. Auction shall have the right to refuse to transact business with Dealer, to modify or release any and all collateral security, to extend or change time of
payment and to settle or compromise disputes involving Dealer or the undersigned without notice to Dealer or the undersigned and without discharging or affecting their liability. 8. The guarantees herein are continuing and Dealer and the undersigned waive notice of acceptance as well as presentment, demand, protest, and any notice of non-payment or dishonor with regard to any negotiable or non-negotiable instrument. They shall be liable as principal debtor and not merely as surety, and the bankruptcy or any assignment in favor of creditors of Dealer shall not affect the enforceability of this Agreement. 9. They unconditionally agree to reimburse Auction for any loss, damage, expense, or costs, including attorney s fees, incurred by Auction as a result of any obligation arising pursuant to this Agreement or as a result of any transaction Dealer is involved in at Auction, including payments made by Auction for valid business reasons even if Auction is not legally obligated to payee. Venue for any civil action by or against Auction shall be in any County in the State of Florida, at Auction s sole option, and Dealer consents to personal jurisdiction of any Court of competent jurisdiction in the State of Florida. 10. Auction guarantees to the Seller payment of all check and drafts issued by Auction for motor vehicles sold through Auction, in compliance with applicable Auction policies. 11. They represent that sufficient funds will be on deposit to pay any draft or check delivered by Dealer to Auction with regard to any transaction at Auction at the time such check or draft is delivered to Auction, and that such funds shall remain on deposit until such check or draft is paid. 12. They are bound by all rules and regulations of Auction as such rules and regulations are amended from time to time. 13. They are obligated to promptly pay for any motor vehicle purchases by Dealer through Auction upon the delivery of good title. 14. Auction is merely performing auction services for the selling and purchasing dealers, and all transaction which occur at Auction are transactions between the selling and purchasing dealers, and Auction is neither a buyer, seller, transferor or transferee by reason of having provided auction services to such dealers. Auction does not provide any warranty or guarantee of any nature whatsoever not specifically set forth in this Agreement, including, but not limited to, warranties of merchantability of fitness for a particular purpose, and Auction does not in any manner whatsoever warrant or guarantee the accuracy of odometer, odometer mileage statements, mechanical or physical condition, or prior history or use of any motor vehicle. All purchases are as is where is. 15. This Agreement shall bind the respective heirs, executors, administrators, and assigns of the undersigned, and shall ensure to the benefit of Auction, its successors, assigns and subrogees. 16. This Agreement shall be governed by the laws of the State of Florida, and cannot be modified except by a writing signed by all parties hereto. 17. The undersigned authorizes Auction to conduct credit investigations of Dealer, and all Owners, officers and authorized representatives of Dealer. This may include a retail credit report on Dealer and all individuals, and a full inquiry of all references. 18. When there is more than one signatory to this Agreement each signatory shall be jointly and severally liable under this Agreement. The undersigned understand that they are signing this guaranty contract, both in their capacity as owner or officer of Dealer and their capacity as individual(s). DATE SIGNATURE OWNER OR OFFICER TITLE DATE SIGNATURE OWNER OR OFFICER TITLE DATE SIGNATURE OWNER OR OFFICER TITLE DATE SIGNATURE OWNER OR OFFICER TITLE
MAILING ADDRESS: Carlisle Events, 1000 Bryn Mawr Rd., Carlisle, PA 17013 AUCTION LOCATION: Festival Park, 2738 Gall Blvd., Zephyrhills, FL 33541-9716 PHONE: 717-243-7855 800-303-CARS (2277) FAX: 717-243-0255 www.carlisleevents.com Dealer Representative Authorization YOU ARE HEREBY authorized and directed to register and authorize the individual listed below as authorized representative of the undersigned at all of your auctions: Name of Representative: FIRST MIDDLE LAST Representative s Address: STREET CITY, STATE & ZIP CODE Representative s Drivers License No.: State: Representative s Date Of Birth: Representative s Home Telephone Number: Representative s Mobile Telephone Number: Representative s E-Mail Address: The above-designated representative is authorized to buy and sell automobiles for this dealership and, in connection therewith, to execute checks or drafts and any other necessary instruments or documents on behalf of this dealership. Such authorization shall remain in full force and effect until such time as you receive written notification of termination of this authorization. This dealership further guarantees performance of all obligations and transactions of such authorized representative on its behalf, and agrees to indemnify and hold harmless ZEPHYRHILLS AUCTIONS including its agents and affiliates, for all loss or expense caused by said dealership s authorized representative s actions, or inactions. This guaranty includes, but is not limited to, losses incurred through dishonored checks or drafts, defective titles, and false or inaccurate odometer mileage statements, or other misrepresentation, as well as any expense incurred in attempting to collect for such losses, including reasonable attorney s fees. DEALERSHIP S FULL NAME: DEALER Address: STREET DEALER Federal Identification Number: DEALER LICENSE Number: DEALER SALES TAX Number: DEALERSHIP S Telephone Number: CITY, STATE & ZIP CODE Signature of Owner or General Manager Printed Name of Owner or General Manager Title: Date: PLEASE ATTACH COPY OF CURRENT DEALER S LICENSE, CURRENT DEPARTMENT OF REVENUE RESALE CERTIFICATE AND REPRESENTATIVE S DRIVERS LICENSE. In addition to liability of the dealer, I, as authorized agent, agree to be fully liable for any purchases I make. Signature of Authorized Agent (Representative) Printed Name of Authorized Agent (Representative)
MAILING ADDRESS: Carlisle Events, 1000 Bryn Mawr Rd., Carlisle, PA 17013 AUCTION LOCATION: Festival Park, 2738 Gall Blvd., Zephyrhills, FL 33541-9716 PHONE: 717-243-7855 800-303-CARS (2277) FAX: 717-243-0255 www.carlisleevents.com BLANKET AFFIDAVIT FOR PURCHASE OF MOTOR VEHICLES AT MOTOR VEHICLE AUCTION LICENSED EXCLUSIVELY UNDER 320.27(1)(C)4. BY NONRESIDENT AUTOMOBILE DEALER FOR RESALE OUTSIDE OF FLORIDA Before me personally appeared the individual whose name and address appears below, who certified under oath that he is authorized to execute this document for the nonresident motor vehicle dealer named herein below and who certified under oath that all motor vehicles purchased by the nonresident motor vehicle dealer at the motor vehicle auction licensed under 310.27(1)(c)4., Florida Statutes, ZEPHYRHILLS AUCTIONS will be transported outside of Florida for resale and for no other purpose; and that the purchasing nonresident motor vehicle dealer is licensed and registered as a motor vehicle dealer in the state or country and at the address show herein below: Nonresident Motor Vehicle Dealer-Buyer Address City, State & Zip Code Motor Vehicle Dealer License or Registration Number Sales Tax Number (if applicable) Passport or Visa Number (if applicable) Signature of Nonresident Dealer or Authorized Agent Address City, State & Zip Code