2004 BMW X5 -- NO RESERVE

Terms of Sale 1. I agree to pay in full the bid amount plus buyer's fee and all applicable state and local taxes and fees, with cash or certified check, in the amount owed on any vehicle for which I bid and/or sign a contract. Full payment of purchase must be received by the close of business day of the item selling. Acceptable payment may be limited to cash, certified or personal/business check, wire transfer, Pre-Approved JJ Best Financing, or VISA/Mastercard/Discover Pre-Authorized. Personal Checks will not be accepted unless accompanied by an acceptable irrevocable letter of guaranteed credit from the bank stating buying limit and authorized by an officer of the bank. Letter of Guarantee is retained by Auction Company at time of issuing bid pass. Sight drafts are not acceptable. 2. All bidders may be required to provide proof of means to pay for any purchases. Auction Company retains the right to require a cash deposit before issuing a bid pass. I give permission for you to obtain my credit information. 3. All vehicles or any other purchases are sold 'as is' and without guarantees by Auction Company or others. In no event shall the Auction Company be responsible for any guarantees. Titles may have brands or be mileage exempt or some sales may be by bill of sale only. 4. All statements by the Auctioneers and those statements printed in advertisements are believed to be correct, However, bidders are to examine all cars and other items before bidding and do so based upon their own independent opinion and examination. 5. The Auction Company is not responsible for correctness of year, genuineness of make, model or options, mileage or any other description of the vehicles. These items are the responsibility of the owner/consignor of the vehicle. You are buying the lot number item presented at auction. 6. All cars are offered for sale subject to a reserve price set by the seller unless otherwise stated. When allowed by state law auctioneer may bid on the sellers’ behalf up to the reserve price. 7. Ownership of an item passes to bidder when Auctioneer says 'sold'. At that time the new owner assumes full responsibility of the item. 8. With regard to actual Auction event, presentation and sales bidding, should any dispute in a bid arise the auctioneer will use his judgment and his decision is final. 9. All vehicles must be removed from the premises by the purchaser at his own expense within 5 days of the end of the auction. If it is not removed, the Auction Company may remove and store the vehicle at the purchaser's sole risk and expense. 10. All state and local taxes apply unless you can meet and prove of out of state residence requirements and/or provide an Automobile Dealer's license and resale tax number. Out of state Purchasers must acquire the necessary transport permits and provide a valid bill of lading from a recognized ICC carrier. 11. A purchaser's failure to comply with all of the conditions of the sale entitles Auction Company and/or the consignor to use other available remedies or courses of legal action to hold the purchaser liable. This may include, but is not limited to, the following: - Cancel the sale and retain as liquid damages all payments made by the purchaser. - Re-sell the property to a new purchaser at a private or public sale and in any such event the purchaser shall be liable for deficiency plus any incurred attorney fees, court costs, costs of collection and statutory interest. - I agree to grant the right of immediate repossession without notice to Lucky Auction or its agents. 12. I agree to pay any state, city, or county fees for the paperwork transfer process. 13. I agree to pay a storage fee of $35.00 per day to the Auction Company for storage 5 days after the sale. 14. The Auction Company provides title only. Licensing (including any emissions requirements, vehicle inspections, plate and tabs) is the responsibility of the new buyer. 15. Delayed Payment Agreement only when announced as available - I agree to pay in full, plus buyer's fee and all applicable state and local sales tax and documentation fees, with cash or certified check, the amount owed on any vehicle for which I sign a Bill of Sale contract. - I understand that the entire amount of any purchase I make must be paid by 2:00 PM on the FIRST banking day following the auction, including buyer's fee and all applicable state and local sales tax and documentation fees. - I understand that failure to pay for my purchases on time will entitle Auction Company, Inc. and the consignor to hold me liable. This may include any incurred attorney's fees, court costs, collection fees and/or interest. 16. Titles for items purchased are mailed by certified mail to the purchaser on the eleventh (15th) banking day following the sale. Titles are only released to purchaser on cash transactions at the time of sale. Due to liens and titles held in safety deposit boxes, any title may be delayed up to ninety (90) banking days before it is released to Buyer regardless of method of payment. Auction Company will transfer title directly to retail purchaser where state law requires. Note: Title delay announced means the title may take up to 120 days to deliver to purchaser. 17. SPECIAL NOTE: Waiver of and an all rights of Implied Warranty. As a Buyer of a car at this auction, I/we 'explicitly waive my/our right to any implied warranty as set forth by state Law.' As collector vehicles, these automobiles may not be fit for ordinary driving and may not be reasonably safe and free of defects. This includes but is not limited to tires, brakes, steering, motor mounts, front and/or rear drive units. I agree to inspect each vehicle myself and ask the consignor of the vehicle to describe the condition of each vehicle. 18. Seller’s Representations. Statements about the vehicles on the description sheets are provided by the consignor not Auction Company All statements made by the seller are accepted as reliable. Lucky Auctions shall have no obligation to verify seller's statements or claims. Any dispute regarding these statements including mileage must be made directly between consignor and purchaser without effect on the responsibility for paying for the purchase to Lucky Auctions. 19. Jurisdiction/Venue-Governing Law. Guarantor acknowledges that Auction Company is a Washington Corporation with its principal place of business in Tacoma, Washington. THE PARTIES EXPRESSLY AGREE THAT THIS CONTRACT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF WASHINGTON, THAT THE STATE COURTS OF WASHINGTON SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS CONTRACT OR OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH LUCKY AUCTIONS AND VENUE MAY BE HAD IN THE PIERCE COUNTY SUPERIOR COURT SYSTEM OF THE STATE OF WASHINGTON. 20. In the event of a dispute, all transactions between Bidder(s) and Auction Company may be combined together toward resolving the dispute. 21. The auctioneer may announce special circumstances that apply to the legal status of specific vehicles. These announcements are described below and are part of the contract to purchase that specific car. May Require Bonding - Buyer will be responsible for any bonding or licensing required in their own state. Not Street Legal - Buyer understands vehicle is only suitable for off-road use. Note: The following cars are US legal and no special announcement will be made. - Vehicle with reassigned VIN tag - Canadian vehicle - Grey market vehicles that have a US issued title 22. Vehicles over 10 years old and all customized and modified vehicles are deemed and accepted to have frame damage. Assume all vehicles are non-matching numbers with non-original engines, unknown or exempt mileage unless specifically described otherwise by consignor. Some VIN plates have been removed and/or replaced and re-mounted at some point 23. Any vehicle announced as a “Tribute Vehicle,” “Replica,” or “Recreation” was not originally manufactured as the vehicle it currently appears to be. 24. Legal Relationships between consignor and high bidder: In the event that the party to any contract(s) concerning said vehicle believes that the terms of a contract have been breached, then all contract signatures for said vehicle agree, understand and accept that seller and high bidder have entered into a contract shall not be affected by such holding, and the remaining terms, conditions, covenants, agreements and provisions hereof shall continue in full force and effect. 25. Severability. If any term, condition, covenant, agreement or provision of this contract or the application thereof to any circumstance shall, to any extent, be held by a court of competent jurisdiction or by any authorized governmental authority to be invalid, void or unenforceable, the remainder of the contract shall not be affected by such holding, and the remaining terms, conditions, covenants, agreements and provisions hereof shall continue in full force and effect. 26. Buyers fee of 18% of the bid amount, not less than $200.00, will be charged to the buyer of each auction lot sold; except 25% of the bid amount is the sole and entire buy fee on all memorabilia. 27. Bidder(s), by and through their authorized signatures and/or representatives below hereby warrant and affirm: (a) They have reviewed and electively sign this agreement without question or reservation; (b) They are authorized to commit and bind the parties set forth and/or described herein; waive any and all clauses or expectations that this agreement will be construed or interpreted against its real or perceived maker to the detriment of any one party over the other. ALL BIDS ARE FINAL AT AUCTION. At auction there is no “cooling off period/ buyer’s remorse”. If you are awarded the final bid, ownership changes hands at the drop of the gavel. You own the merchandise and are responsible for payment in full. No bidder may retract a bid made during the sale for any reason. A buyer’s fee is an amount charged by the auctioning dealer (Lucky Collector Car Auctions LLC, or its agent) for conducting the auction sale. If your bid price is accepted as the winning bid on any lot, you will be charged a buyer’s fee in addition to the accepted bid price. The buyer’s fee is part of the purchase price and is subject to tax. It is your responsibility to familiarize yourself with these terms. Buyers fee of 18% of the bid amount, not less than $200.00, will be charged to the buyer of each auction lot sold; except 25% on all memorabilia. Payment is due in full on or before 5:00 pm of the next business day following the auction. All payments must be in the form of wire transfers unless other arrangements have been approved in advance with Lucky Collector Car Auctions Finance Department. Should a bidder default on payment in any manner whatsoever, without limiting any recourse Lucky Collector Car Actions may have, bidder agrees to pay Lucky Collector Car Auctions all lost auction fees (which is the maximum published rates for (1) the seller’s commission, (2) the buyer’s premium, and (3) the entry), and this amount is due and payable without relief. Bidder will also be liable to seller for its damages. Bidder hereby authorizes Lucky Collector Car Auctions to charge this amount to bidder’s credit card provided. Bidder agrees not to dispute this charge with the credit card company at any time. Bidder agrees to also pay Lucky Collector Car Auctions costs of collection, including attorneys’ fees and costs. All sales are “as is” and “where is”. Bidder is responsible for inspections and verification of condition, authenticity, and completeness of any vehicle purchased. No warranties or representations of any type whatsoever are made by Lucky Collector Car Auctions Statements printed in catalogs, brochures, signs, window cards, and verbal statements made by auctioneers or auction staff are representations made by the Consignor and Lucky Collector Car Auctions has no obligation to verify or authenticate any such claims or representations. Any announcements made at time of sale supersede any earlier printed information. Except as herein provided, all vehicles are sold as is, where is, with no representations or warranties, expressed or implied. CONSIGNOR AND Lucky Collector Car Auctions 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, MODEL, OPTIONS, TOOLS, OR MILEAGE OF ANY VEHICLE OR COMPONENT OF ANY VEHICLE, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Bidder is responsible for all risk of loss or damage immediately upon purchase of the vehicle or item, which occurs at the time of sale when bidder is declared by the auctioneer to have the successful bid. Lots may remain onsite up to 5 days after the sale, after which all lots will be removed from the auction site and taken to secure storage facilities. Lots subject to temporary import will be taken to a local bonded warehouse facility, and until payment is received in full by Lucky Collector Car Auctions. All other lots will be removed to our secure storage facility in Tacoma until payment is received in full by Lucky. Day to day storage fees will be waived until 5 days after the sale, and from this point buyers will be charged $35.00 per day, per lot until payment has been received by Lucky Auctions and shipping arrangements have been made. Please note that should arrangements not be made by 5 days after auction conclusion, lots will be moved to an onward storage facility and/or a daily rate of $35.00 per lot will be charged at the buyer’s expense. Vehicles not marked as “no reserve” (or similar) are subject to a reserve bid set by the Consignor. When a vehicle 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. Any and all terms of sale posted on the auction premises, printed in sale brochures or forms, publicly announced, or otherwise published are incorporated herein by reference. It is the bidder’s responsibility to familiarize themselves with these terms. In the event either party brings action against the other arising from or relating to this bid card or any auction held in connection with, 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 bid card. Jurisdiction for any action brought shall lie exclusively in a court of competent jurisdiction in the judicial district in which the auction is located. You are responsible for all bids made with this 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 to Lucky Collector Car Auctions as all bids made with this bidder number will be your responsibility.