Lot 1 of 617:
(3) OIL CANS- MOTOR BOND, PURVIS, PENN RAD  

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Lot closed - Winning bid:$15

N/A

Shipping info:

We do not ship ANY ITEMS FOR ANY REASON! If you are an out of state buyer, you will need to arrange your own pick up/shipping!

Terms and conditions

Terms & Conditions

 

The Bidder Agreement (“Agreement”) is made between Huisman Auctions, Inc. dba Hasco Auto Sales dba Muscle Car Madness (“HAI”) and the person or entity listed on the Bidder Application (“Buyer”).

 

1.       LIMITATIONS AND DISCLAIMERS

 

a)       Each Lot is consigned to HAI by a Seller with a Consignment Agreement (“Seller”). Each Lot is sold “AS IS, WHERE IS”, with all faults and defects and all errors of description. Buyer understands that: (i) any and all information concerning any Lot is provided by Seller; (ii) HAI does not make any representations or express any opinions of its own concerning any Lot; and (iii) HAI does not undertake any duty to examine any component of any Lot, research the title documents of the provenance of the Lot or verify any information provided by Seller for the benefit of Buyer or anyone else. Buyer acknowledges that HAI’s only duty toward Buyer is to transfer the Lot to Buyer “AS IS, WHERE IS”, upon full performance by Buyer under this agreement. Except with regard to such duty, Buyer hereby waives and releases HAI from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract or breach of warranty. Buyer agrees not to join HAI as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters. If Buyer fails to comply with this provision, Buyer agrees to reimburse HAI for all costs, expenses and fees, including attorney fees, in defense of such claims.

b)       HAI expressly disclaims all warranties, express or implied, concerning the Lot, including warranties of merchantability or fitness for any particular purpose. Buyer represents that the amount bid for any Lot is based solely on Buyer’s own independent inspection and evaluation of that Lot. As a material inducement to this agreement: (i) Buyer has undertaken to make his own examination of any Lot before bidding; (ii) Buyer may at his own expense and with the written approval of both Seller and HAI, have the Lot inspected by an independent third party; and (iii) assumes all risk of any nonconformities in any Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding HAI’s knowledge concerning the Lot or the Seller, or upon any oral or written representations by HAI, 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 Lot or any component of any Lot. Finally, Buyer acknowledges that his invocation of the mediation provision set forth in Section 10(b) below does not create any warranties, express or implied, and that HAI shall have no liability to Buyer or Seller as a result of its facilitation of any mediation.

c)       All Statements contained in any catalogs or advertisements of any type pertaining to the sale, including without limitation any statements concerning condition, genuineness or authenticity, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number or identification number, make, model, or mileage of any Lot, are provided by Seller, not HAI, and are either expressions of opinion or are for ease of identification only and they are not to be relied upon by Buyer as representations of fact. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot. As a condition of participation in the auction, Buyer represents that he will conduct any inspections and examinations necessary to satisfy himself of all material facts before making any bid.

d)       Neither HAI nor any agent, employee or representative of HAI has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot. HAI assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer.

e)       Buyer acknowledges that HAI must comply with U.S. mandated economic and trade policies and that such compliance may include reviewing individual customer and/or transactional data for compliance.

 

2.       COMMISSIONS AND FEES

 

a)       A BUYER’S PREMIUM OF 10% OF FINAL BID PRICE IS PAYABLE FOR ALL VEHICLE LOTS (15% FOR ALL INTERNET, ABSENTEE AND PHONE BID TRANSACTIONS). AUTOMOBILIA BUYER’S PREMIUM IS 15% OF FINAL BID PRICE. Buyer understands and agrees that he must pay the sum equal to 10% for any vehicle Lot (15% for Internet, Absentee and Phone Bids) and 15% for any Automobilia Lot purchased at this auction, that this fee will be automatically included in the final settlement figure and that he will be subject to applicable taxes and license fees. Buyer understands and agrees that a 2% penalty will be added to the Buyer’s Premium if Buyer leaves the auction venue without settling his final account. Sales tax, if applicable, will be charged on the final total of hammer price plus Buyer’s Premium.

b)       Buyer will be required to pay all applicable taxes, license fees, or other fees levied by any authority unless HAI receives satisfactory proof of exemption (to be determined in HAI’s sole discretion). There are no refunds once HAI has paid taxes and license fees. Buyer acknowledges that the bidder registration fee paid to participate in the auction is not included in or deducted from the total price of any Lot purchased.

c)       Buyer will be required to pay a vehicle documentation fee of $35.00 for each Lot purchased (not including Automobilia) whether sold independently or grouped in to one Lot and regardless of Buyer’s intended use of the purchase. Current smog fees of $58.25 will be charged to all applicable vehicles.

d)       Buyer agrees that if he acquires, or if any related entity or person acquires, within 60 days after the auction date, any Lot consigned to the HAI auction that is not sold through the auction for any reason, Buyer will be obligated jointly and severally, with the Seller, for the immediate payment to HAI of a commission in the amount of 17% (No Reserve Lots) or 20% (Reserve Lots) of the sale price of the Lot.

 

3.       PAYMENT

 

a)        All bidder fees are non-refundable and non-transferable

b)       A valid method of payment must be submitted for each auction. Buyer shall bring a bank reference or irrevocable bank letter of guaranty in favor of HAI stipulating Buyer’s credit limit on the day of the sale. Buyer agrees to pay for all Lots on the day of sale in U.S. currency by certified check, cashier’s check, personal check (approved in sole discretion of HAI), wire transfer or cash. Credit card transactions will be approved for Automobilia purchases only (Visa, MasterCard or Discover Card). Wire transfers will be accepted at HAI’s sole discretion. No Lot may be removed from the premises with a wire transfer payment until the funds are recorded by HAI. An extra fee for and storage of said Lot(s) will be added to all wire transfer transactions without exception. There shall be no deviation from this provision without the prior written consent of HAI. Buyer hereby authorizes HAI to recover lost commissions and/or fees due to HAI should Buyer default and recoup such commissions or fees through any available means of payment. HAI reserves the right to refuse or require certain payment methods to customers deemed high risk in HAI’s sole discretion.

c)       Buyer acknowledges and agrees that he is expressly prohibited from submitting a bid for purchase of any Lot if any such single or cumulative bid(s) exceed(s) Buyer’s credit limit then on file with HAI for the auction. If Buyer circumvents this provision and succeeds in entering a winning bid in excess of his credit limit, Buyer hereby warrants and agrees that he shall remain fully liable to HAI and to Seller for the complete purchase price, plus applicable fees and commissions, and that funds shall be remitted to HAI on the day of sale.

d)       It is Buyer’s sole responsibility to know and remain within his approved credit limit. HAI shall in no way be responsible to notify or inform Buyer of impending limit confines at any time during the auction.

e)       Should Buyer default upon the purchase for any reason, Buyer agrees to pay HAI the full sum of both the Buyer’s Premium and Seller’s commission. This sum is due and payable without relief. Buyer also agrees to pay any court cost, attorney fees, storage, hauling or other related cost or expense of any kind or nature whatsoever incurred by Seller or HAI as a result of Buyer’s default. This provision is in addition to and in no way supersedes or replaces Buyer’s financial responsibility regarding such purchase.

f)        Upon making payment for a Lot, no stop payment of funds will be honored. Any stop payment order or reverse charges order of a check, credit card or issuing a 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 intent to defraud.

 

4.       REQUIREMENTS AND CONDUCT OF SALE

 

a)       All prospective Buyers must be 18 years old and must register for a bidder number prior to submitting a bid for any Lot.

b)       Submitting a bid(s) shall be conclusive proof of acknowledgement of Buyer Terms and Conditions and Buyer agrees to be bound by all terms and conditions on the Agreement and/or posted at the auction facility.

c)       The auction will be conducted by offering each Lot and each Lot is subject to a separate sale. HAI reserves the right to include in the auction any item and the right to withdraw any item. The HAI auctioneer may combine, subdivide, regroup or reorganize any items.

d)       The Buyer offering the highest bid accepted by HAI shall be the purchaser of the offered lot and no purchaser shall retract his bid once the auctioneer says, “Sold”. Reserved Lots may not be sold even to the highest bid if the Lot has not met the reserve price unless at the express permission of Seller. Once a reserve price has been lifted the HAI auctioneer will inform prospective bidders. HAI has no obligation to disclose any reserve price unless by express permission from the Seller.

e)       Any dispute arising as to any bidding shall be settled by HAI auctioneer at his sole discretion and auctioneer may put the lot in dispute up for sale again. If a dispute arises after the sale of any item, HAI’s records shall be deemed conclusive in all respects. All sales are final.

f)        HAI reserves the right to refuse any bid which it considers to be an insignificant advance over the preceding bid. The HAI auctioneer has sole discretion to set the bid pace and advance increments.

g)       HAI may, at its sole discretion, reject, disqualify or refuse any bid believed to be fraudulent, illegitimate, not in good faith, made by someone who is not competent or made in violation of this Agreement or any applicable law.

h)       It is the responsibility of Buyer to make sure HAI personnel is aware of his intent to place a bid. As the high bidder, as recorded by HAI staff, Buyer hereby makes an irrevocable offer to purchase the Lot identified by HAI auctioneer. HAI disclaims any liability for damages, whether direct indirect, consequential or incidental resulting from bids not spotted, executed or accepted. It is the Buyer’s sole responsibility to submit his bid on the correct item and ensure that his bid is for the amount intended. HAI is not responsible for errors in bidding and Buyer hereby releases HAI and waives any and all claims for bidding errors.

i)        “Fall of the auctioneer’s hammer” is a term used and accepted in the auction industry and does not require auctioneer to use or conduct the auction with any apparatus.

j)        Auctioneer may but is not responsible or obligated to call a “last call, final call or final warning” or any other such warning in the closing of a Lot.

k)       HAI has the responsibility to protect any Reserve price given by Seller in advance of the auction. HAI reserves the right, but is not obligated, to accept a bid or advance the bid on the seller’s behalf on Lots offered for sale with Reserve.

l)        Buyer acknowledges that auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents, employees and be held responsible for any minors with him/her. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.

 

5.       INTERNET, TELEPHONE AND WRITTEN/ABSENTEE BIDS

 

a)       Buyer agrees to be bound by these conditions of sale and all conditions set forth in the bidder Agreement.

b)       Buyer acknowledges that Internet and/or telephone service may or may not function correctly the day of the sale. Under no circumstances shall Buyer have any kind of claim against HAI or any other entity if service fails to work correctly before or during the sale.

c)       HAI will not be responsible for missed bids from any source. Bidders who desires to make certain their bid is acknowledges should make use of the pre-bidding features and leave a maximum bid 24 hours in advance of the sale.

d)       Buyer has FULL responsibility in regards to the Internet account. No changes or refunds will be made in any way if Buyer fails to competently protect their Internet bidder account. It is Buyer’s sole responsibility to keep pets, children and mysterious/random persons or entities from bidding with their account information. Passwords and account information should be kept private.

e)       HAI reserves the right to cancel, postpone or re-open the auction for any reason including, but not limited to, technical difficulties, service outages, acts of God, etc.

f)        HAI reserves the right to refuse any bid, which it considers being incorrect, erroneous or appears in HAI’s sole discretion to be mistaken or inaccurate.

g)       HAI makes no guarantees to: (i) your use of the site will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the site will be accurate or reliable, (iii) the quality of any information or other material obtained by you through the site will meet your expectations, (iv) the use or the inability to use the site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on this site; or any other matter relating to the site.

h)       In case of any errors or malfunctions of hardware or software, HAI reserves the right to cancel any transaction even if Buyer has received confirmation of the transaction by email. While HAI strives to make the system as stable as possible; errors and equipment malfunctions are possible and may happen without notice. HAI makes no guarantee of uninterrupted access to the site or its services.

i)        Written/Absentee bids are handled by HAI staff members. Each absentee is given to an assigned staff member to bid on behalf of the intended buyer. Staff members are responsible for only one buyer for each lot. If more than one absentee is submitted for a lot, a separate staff member will have the responsibility for each absentee. Absentees are given the same benefits of a live bidder. The max bid given will not always be the end price. A HAI representative will bid as a buyer representative up to but not beyond a buyer’s max bid. If the lot sells for less than the max bid submitted, the buyer may win the lot at the sold price without any commitment to the max bid price submitted. HAI is not responsible for any missed lots due to timing of the absentee submission. It is the buyer’s responsibility to submit an absentee in a reasonable time for HAI staff to represent the bid. Buyer may choose to give permission to bid +1, meaning that HAI staff may bid one more time past the max bid {with all discretionary privileges as to the increment amount given to the auctioneer}.

 

6.       PHOTOGRAPHS

 

Photographs contained in the online portion of the auction are property of HAI and may not be used or copied without permission. Photographs may be cropped or have lighting changes by HAI but are not photo-shopped or “touched up” in any way. All photographs are submitted by the Seller and HAI has no responsibility or obligation to ensure they are complete and accurate. Buyer should not solely rely on photographs for bidding and should make proper use of the inspection time.

 

7.       CALIFORNIA DMV REQUIREMENTS                                                                   

 

a)       California law does not provide for a cooling off or other cancellation period for vehicles. Therefore, you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much or wish you had acquired another vehicle.

b)       Huisman Auctions, Inc. must offer a 2-day cancellation option. Should you wish to exercise this option, you must purchase the right to return certain motor vehicles under $40,000 by 8:00 a.m. of the second day after the auction. This cancellation option applies only to vehicles purchased for personal use: it does not apply to collector vehicles, project vehicles, motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use. To exercise this option, you must inform Hasco Auto Sales personnel the day of the auction and wait until auction is complete to have vehicle inspected prior to taking possession.

The cost for purchasing this cancellation option is as follows:

Purchase Price                       Cost of Option              Restocking Fee

$0 - $5,000                            $75.00                            $100.00

$5,001 - $10,000                   $150.00                         $200.00

$10,001 - $30,000                 $250.00                         $250.00

$30,001 - $40,000                 $ 1%                               $500.00

The amount is non-refundable and the purchaser will also be charged a restocking fee. The vehicle must be returned in same condition and the mileage must not exceed the (250) permitted miles otherwise the option is void.

c)       Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers.

d)       In the nature of this event, HAI will refer to CA Department of Motor Vehicles VC Section 259 “Collector Motor Vehicles” “Collector motor vehicles means a motor vehicle owned by a collector, as defined in subdivision (a) of Section 5051, and the motor vehicle is used primarily in shows, parades, charitable functions, and historical exhibitions for display, maintenance, and preservation and is not used primarily for transportation”.

8.       VEHICLE DISCLAIMER DEFINITIONS

a)       Title In Transit: All paperwork for this vehicle is not currently in the possession of the HAI DMV office.  Title holders have 10 business days after the day of the auction to provide all proper paperwork.  Purchaser must pay all fees and complete all paperwork the day of the auction (Internet, absentee and telephone buyers are given 1 business day).  If the paperwork is not provided in 10 business days, the purchaser has the option to cancel the contract on that item only.

b)       Dealer or Out of State Buyer Only:  Buyer must be a licensed auto dealer or have an out of state residence to purchase this vehicle.  Proof must be provided the day of the auction. Out of state buyers will need to provide an out of state address to which the paperwork will be mailed.  You may not pick up paperwork for a Dealer or Out of State Only vehicle.

c)       Fees:  Any fee(s) posted either in the catalog or on the vehicle are due to California DMV.  These fees do not apply if you take the vehicle out of California.  Please see "Lost Title Form" below for exceptions

d)       Lost Title Form:  The California title to this vehicle has been lost and a replacement must be applied for from the CA DMV.  Any CA DMV fees due must be paid before a replacement title will be issued.

e)       Bill of Sale Only:  No paperwork for this item will be provided.  Your paid invoice is your Bill of Sale.

f)        ABSOLUTELY NO refunds or changes will be made because of a Buyer's failure to understand terms. If an unqualified buyer (not an auto dealer or without an out of state address in which to send the vehicle) purchases a vehicle sold as “Dealer Only”, a fee of $100 CASH will be charged with no exceptions.

 

9.       PASSING OF TITLE

a)       Upon the fall of the Auctioneer’s hammer, title of the offered Lot will pass to the highest Bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and at such time Buyer: (i) assumes full risk and responsibility for the Lot and neither HAI nor its agents shall be responsible for the loss of, or any damage to, any article due to theft, fire, breakage or any cause whatsoever; (ii) will sign a Contract of Sale confirming purchase of the Lot; (iii) will pay the full purchase price plus applicable commission and fees; (iv) will ensure the purchased vehicle complies with any emissions testing requirements in the applicable jurisdiction; (v) is responsible for insuring his purchase immediately; and (vi) warrants and agrees that he will perform the necessary steps to document the transfer of title in accordance with applicable state law within 30 days of receipt of transfer documentation from HAI.

b)       HAI will require each vehicle to be processed as a “Customer Demands Title”. The Customer Demands Title process is similar to normal DMV processes with the exception that HAI will not collect DMV fees or process the transaction at DMV for Buyer. Buyer will be required to pay taxes, documentation fee and smog fee (if applicable) and HAI will process the paperwork to facilitate Buyer to complete the DMV transaction in his own capacity and applicable jurisdiction.

c)       Buyer must remove all property from HAI’s premises not later than 12pm (Noon) Sunday, October 2, 2016, unless otherwise specifically instructed in writing by HAI. If any Lot is not removed, a handling charge of 1% of the purchase price will be payable by the Buyer per month, until the Lot is removed, with a minimum of $500.00 for any property not removed within 60 days after the sale. After 90 days, HAI has the sole discretion to begin legal proceedings of lien sale.

d)       Lots, titles and/or bills of sale will only be released in the case of cash purchases. In all other cases release will be made only after payment has cleared HAI’s bank account. The title and/or bill of sale will be delivered to Buyer at the time settlement is made with Seller (typically within 21 business days from the date of sale).

e)       If Buyer or Buyer’s representative drives a vehicle on the auction site, all applicable Motor Vehicle Laws must be observed at all times.

10.    REMEDIES

a)       In the event Buyer breaches these terms and conditions or fails to consummate the sale for any reason, HAI may, in addition  to and not in lieu of any rights available at law or in equity, and at its sole discretion: (i) compel specific performance and hold Buyer liable for the bid price plus commissions and fees; (ii) resell any Lot by public or private auction for Buyer’s account and risk, after 15 days written notice to Buyer at Buyer’s submitted address, and hold Buyer liable for all damages, including the difference between the bid price and resale price, HAI’s full commission on the bid price, all costs for resale (including commissions) and consequential damages; or (iii) cancel the sale and retain all payments made by Buyer, including any advance deposits, as liquidated damages and not as a penalty.

b)       Unless otherwise prohibited by law, before Buyer may initiate any legal proceeding arising out of or relating to any sale occurring as a result of this Agreement, including, but not limited to issues related to Seller’s representations or statements concerning condition, genuineness or authenticity , origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, model or mileage, or any other representation made regarding any Lot, Buyer shall submit to a mediation with Seller to be facilitated by HAI or its designee on the terms and conditions set forth by HAI. HAI or its designee will facilitate this mediation in good faith in an effort to resolve any such dispute. If the parties are unable to reach an agreed resolution, or if HAI in its sole discretion determines this effort or the prospect of mediation to be unsuccessful, Seller and Buyer may thereafter resolve their dispute through appropriate legal channels. If Buyer avails himself of this mediation provision, Buyer must request a Request for Mediation form from HAI and submit the completed form in accordance with the instructions contained therein to begin the mediation process. The form must be submitted within 30 days from the date of purchase of the vehicle or Buyer shall be deemed to have waived and forfeited the opportunity to request mediation assistance from HAI.

c)       Buyer acknowledges that HAI may have an interest in commissions resulting from the resolution of a dispute through this mediation process. Buyer hereby waives any potential or actual conflict of interest inherent in such a mediation process and agrees to defend (using counsel reasonably acceptable to HAI), indemnify and hold HAI harmless for, from and against any claims, demands, actions, judgments, liabilities, losses or expenses (including attorney fees) arising from or related to HAI’s mediation of any dispute arising out of or relating to this Agreement, excepting only those matters arising out of HAI’s willful misconduct.

d)       Notwithstanding the foregoing, and in the event the mediation reference in section 10(b) is not requested in a timely fashion or is unsuccessful, Buyer’s sole and exclusive remedy shall be an action for actual damages against Seller. Buyer shall have no right to revoke acceptance of any Lot after the fall of the hammer, and Buyer shall have no right to maintain any action for consequential damages.

e)       Buyer’s invocation of the mediation provisions of this Agreement shall not create any warranty or any other liability between HAI and Buyer. As stated in section 1(b) above, HAI expressly disclaims all warranties, express or implied, concerning the Lot, including but not limited to, the warranties of merchantability or fitness for any particular purpose(s).

f)        In the event of any dispute between Buyer and HAI arising out of or related to this Agreement or its subject matter, Buyer’s claim for damages shall be limited exclusively to actual damages, and shall not include consequential damages, incidental or other special damages. In the case of any such dispute, if the matter cannot be settled through negotiation between Buyer and HAI, the parties agree first to try to settle the dispute through mediation before resorting to litigation. The matter in dispute shall be submitted to a mediator, located in Sacramento County, California, mutually selected by Buyer and HAI. The mediation shall take place in Sacramento County, California and shall be completed within 60 days from the date a party submits the dispute to mediation. The cost of any such mediation shall be divided equally between Buyer and HAI. Upon conclusion of the mediation, if the parties have been unable to resolve the matter in a mutually agreeable fashion, then either party shall be free to initiate litigation on the terms contained in this Agreement.

g)       This Agreement, and any action arising out of or based on it or its subject matter, shall be governed by California law excluding its conflicts of law rules. Buyer agrees that the state and federal courts located in Sacramento County, California shall have exclusive jurisdiction over any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement or its subject matter, and Buyer hereby waives any objection to venue laid therein. If a mediation described in Paragraph 10 (f) above is unsuccessful Buyer further agrees that the state and federal courts located in Sacramento County, California shall have personal jurisdiction over Buyer for the purposes of any action described above. In any litigation or proceeding arising out of or related to this Agreement, Buyer agrees to pay all of HAI’s attorney fees, costs and other expenses incurred in connection with the litigation or proceeding if HAI is successful in such litigation proceedings.

11.    ENTIRE AGREEMENT

This Agreement and related Contract of Sale contain the entire agreement between Buyer and HAI pertaining to the subject matter described herein. Any terms proposed by Buyer orally or in writing which add to, vary from or conflict with this Agreement shall be void, and the Agreement shall constitute the complete and exclusive statement of the agreement between the parties and may be modified only by written instrument executed by the authorized representatives of both Buyer and HAI and which expressly modifies the Agreement.

12.    ASSIGNMENT

All rights granted herein are personal and exclusive to the registered Buyer and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Buyer.

 

13.    SEVERABILITY

 

If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law; (i)such provision will be fully severable; (ii) this Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this agreement; (iii) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement; and (iv) in lieu of such illegal, invalid or unenforceable provision, there will be added automatically as part of this Agreement, a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and this Agreement shall be deemed reformed accordingly.

14.    APPEARANCE RELEASE

By completing this Bidder Agreement, Buyer hereby acknowledges he has given HAI permission to use his likeness for television, Internet, video screens, still photography and/or any other visual/audio recording or performance. Owner hereby waives all residual rights or claims that might arise from the use of his likeness for any purpose at any future date.

 
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