Common use of Limitations and Disclaimers Clause in Contracts

Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or implied, with respect to the property, or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx 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) or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx 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. (B) Xxxxxxx Xxxxxxx-Xxxxxxx or any agent, employee of representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or items. Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.

Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes we make no guarantees, warranties, warranties or representations, express or implied, with respect to the property, property or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. .. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective Prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. , Buyer hereby waives and releases Xxxxxxx-Xxxxxxx 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) or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx 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. (B) Xxxxxxx Xxxxxxx-Xxxxxxx or Seller, or any agent, employee of representative of Xxxxxxx-Xxxxxxx, Xxxxxxx or Seller has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemsLot. In any event, Xxxxxxx-Xxxxxxx acts solely as Seller's agent, and Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.

Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or implied, with respect to the property, or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx 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) or breach of warranty. Xxxxx Buyer agrees not to join Xxxxxxx-Xxxxxxx 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. (B) Xxxxxxx Neither Xxxxxxx-Xxxxxxx or any agent, employee of representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or items. Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.

Limitations and Disclaimers. (A) All property Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold "As is, Where is" and Xxxxxxx“AS-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedIS-WHERE-IS”, with respect 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) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the property, title documents or correctness the provenance of the catalog Lot or other description verify any information provided by Seller for the benefit of authenticity of physical conditionBuyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, sizeupon full performance by Buyer under this Agreement. Except with regard to such duty, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx BJAC from and against any claim, demand, liability 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. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx XXXX 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. Depending of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state-issued VIN and/or other requirements of that state. (B) Xxxxxxx Xxxxxxx-Xxxxxxx BJAC expressly disclaims all warranties, express or implied, concerning the Lot, including warranties of merchantability or fitness for any agentparticular 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; and (ii) assumes all risk of any nonconformities in any Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding BJAC’s knowledge concerning the Lot or the Seller, employee or upon any oral or written representations by BJAC, 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 representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemsany component of any Lot. Xxxxxxx-Xxxxxxx assumes Finally, Xxxxx acknowledges that his invocation of the mediation provision set forth in Section 5(B) below does not create any warranties, express or implied, and that BJAC 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, make, model or mileage of any Lot or of any component of any Lot, are provided by the Seller, not BJAC, 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 affirmationsnonconformity of any Lot or any component of any Lot. As a condition of participation in the auction, representations, warranties or guarantees made by Seller Xxxxx represents that he will conduct any inspections and examination necessary to Buyersatisfy himself of all material facts before making any bid. For items vehicles with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (CD) Xxxxxxx-Xxxxxxx mayNeither BJAC nor any agent, employee or representative of BJAC has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot. BJAC assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. (E) Buyer acknowledges that BJAC 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. (F) For auctions conducted in its sole and absolute discretionNevada, cancel neither the Seller nor BJAC is required to obtain the emissions inspections or rescind the sale of any Lot tests required by NRS 445B.770. Any emissions inspections or Item.tests required must be obtained by Buyer before a motor vehicle may be registered. (NRS 445B.805)

Limitations and Disclaimers. (A) All property Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold "As is, Where is" and Xxxxxxx“AS-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedIS-WHERE-IS”, with respect 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) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the property, title documents or correctness the provenance of the catalog Lot or other description verify any information provided by Seller for the benefit of authenticity of physical conditionBuyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, sizeupon full performance by Buyer under this Agreement. Except with regard to such duty, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx BJAC from and against any claim, demand, liability 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. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx XXXX 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 Xxxxx fails to comply with this provision, Xxxxx agrees to reimburse BJAC for all costs, expenses and fees, including attorney fees, in defense of such claims. (B) Xxxxxxx Xxxxxxx-Xxxxxxx BJAC expressly disclaims all warranties, express or implied, concerning the Lot, including warranties of merchantability or fitness for any agentparticular 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; and (ii) assumes all risk of any nonconformities in any Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding BJAC’s knowledge concerning the Lot or the Seller, employee or upon any oral or written representations by BJAC, 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 representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemsany component of any Lot. Xxxxxxx-Xxxxxxx assumes Finally, Xxxxx acknowledges that his invocation of the mediation provision set forth in Section 5(B) below does not create any warranties, express or implied, and that BJAC 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, make, model or mileage of any Lot or of any component of any Lot, are provided by the Seller, not BJAC, 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 affirmationsnonconformity of any Lot or any component of any Lot. As a condition of participation in the auction, representations, warranties or guarantees made by Seller Xxxxx represents that he will conduct any inspections and examination necessary to Buyersatisfy himself of all material facts before making any bid. For items vehicles with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (CD) Xxxxxxx-Xxxxxxx mayNeither BJAC nor any agent, employee or representative of BJAC has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot. BJAC assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. (E) Buyer acknowledges that BJAC 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. (F) For auctions conducted in its sole and absolute discretionNevada, cancel neither the Seller nor BJAC is required to obtain the emissions inspections or rescind the sale of any Lot tests required by NRS 445B.770. Any emissions inspections or Item.tests required must be obtained by Buyer before a motor vehicle may be registered. (NRS 445B.805)

Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes we make no guarantees, warranties, warranties or representations, express or implied, with respect to the property, property or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective Prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx 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) or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx 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. (B) Xxxxxxx Xxxxxxx-Xxxxxxx or Seller, or any agent, employee of representative of Xxxxxxx-Xxxxxxx, Xxxxxxx or Seller has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemsLot. In any event, Xxxxxxx-Xxxxxxx acts solely as Seller's agent, and Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.

Limitations and Disclaimers. (A) All property Each lot is consigned to Xxxxxx Xxxxxxx Company (hereinafter referred to as THCo) by the Seller shown on the Bill of Sale. Seller is the disclosed principal of THCo, and THCo acts as the exclusive agent of Seller. Each lot is sold "As is“AS-IS, Where is" and XxxxxxxWHERE-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedIS”, with respect all faults and defects, and with all errors of description. Buyer understands that: (I) any and all information concerning any lot is provided b) Seller; (2) THCo does not make any representations or express any opinions of its own concerning any lot; (3) THCo does not examine any lot or any component of any lot, research the title documents for the lot or verify any information provided by the Seller, nor does THCo undertake any duty to the property, or correctness do any of the catalog or other description of authenticity of physical condition, size, quality or rarity foregoing for the benefit of the property Buyer or otherwiseanyone else. No statement anywhereXxxxx acknowledges that THCo’s only duty toward Buyer is to release the lot and the title documents “AS-IS, whether oral or writtenWHERE-IS”, shall be deemed upon full performance by Buyer under this Agree- ment and at times specified in this Agreement. Except with regard to such guaranteeduty, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx THCo from and against any claim, demand, liability or expense of on any kind arising out of or related our relation to the Lotany lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or any breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx THCo as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot lot or any alleged representations concerning the Lotlot, and further agrees to look solely to the Seller with respect to such matters. (B) Xxxxxxx XxxxxxxTHCo disclaims all warranties, expressed or implied, concerning the lot, including the warranties of merchantability or fitness for any particular purpose(s). Buyer represents that the amounts bid for any lot are based solely on buyer’s own independent inspec- tion and evaluation of the lot. As a material inducement to this agreement: (I) Buyer has undertaken to make its own examination of any lot before bidding; and (2) assumes all risk of any non-Xxxxxxx conformities in any lot. Buyer further acknowledges that it has not relied upon any assumptions regarding THCo’s knowledge concerning the lot or the Seller nor upon any representations by THCo, 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 compo- nent of any lot. (C) All statements contained in any catalogs, brochures or advertisements of any type pertaining to the sale, including without limita- tion any statements concerning condition, genuineness or authenticity, origin or provenance, previous use of ownership, manufac- turing or restoration processes, year or age, serial number, make, model or mileage of any lot or of any component of any lot, 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 if any lot or any component of any lot and, as a condition of Buyer’s participation in this Auction, Buyer represents that it will conduct any inspections and examination necessary to satisfy itself of all material facts before making any bid. (D) Neither THCo or Seller, or any agent, employee of or representative of Xxxxxxx-Xxxxxxx, THCo or Seller has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemslot. Xxxxxxx-Xxxxxxx In any event, THCo acts solely as Seller’s agent, and THCo assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. (E) All sales are with reserve unless a lot is explicitly offered without reserve. For items with a ReserveTHCo hereby gives notice that it has the liberty to make, procure and receive bids on the Seller’s behalf. The auctioneer and/or the consignor reserves the right to place bids for advance the consignor up to bid until the reserve amountis met. (CF) Xxxxxxx-Xxxxxxx mayAll sales may be subject to Buyers Premium which will be added to the final bid price to determine the total purchase price. Please refer to the schedule of Xxxxx’s Fees. Xxxxxx understands that they must pay a sum equal to that shown on the Buyer’s Fee Schedule for any vehicle or article purchased at this Auction, prior to this Auction, or after this Auction, and that this fee will automatically be included in its sole the final purchase price and absolute discretion, cancel or rescind is payable without relief to THCo. Buyers Premium may change from time to time without notice. (G) All sales are subject to the”Light System’’ which is noted on your catalog and successful bid receipt. Please refer to the sale description of any Lot or ItemLight System.

Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or implied, with respect to the property, or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx 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) or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx 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. (B) Xxxxxxx Xxxxxxx-Xxxxxxx or Seller, or any agent, employee of representative of Xxxxxxx-Xxxxxxx, Xxxxxxx or Seller has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemsLot. Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.

Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or implied, with respect to the property, or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx 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) or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx 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. (B) Xxxxxxx Xxxxxxx-Xxxxxxx or any orany agent, employee of representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or items. Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.

Limitations and Disclaimers. (A) All property Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold "As is, Where is" and Xxxxxxx“AS-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedIS-WHERE-IS”, with respect 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) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the property, title documents or correctness the provenance of the catalog Lot or other description verify any information provided by Seller for the benefit of authenticity of physical conditionBuyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, sizeupon full performance by Buyer under this Agreement. Except with regard to such duty, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx BJAC from and against any claim, demand, liability 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. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx XXXX 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. Depending of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state- issued VIN and/or other requirements of that state. (B) Xxxxxxx Xxxxxxx-Xxxxxxx BJAC expressly disclaims all warranties, express or implied, concerning the Lot, including warranties of merchantability or fitness for any agentparticular 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; and (ii) assumes all risk of any nonconformities in any Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding BJAC’s knowledge concerning the Lot or the Seller, employee or upon any oral or written representations by BJAC, 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 representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemsany component of any Lot. Xxxxxxx-Xxxxxxx assumes Finally, Xxxxx acknowledges that his invocation of the mediation provision set forth in Section 5(B) below does not create any warranties, express or implied, and that BJAC 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, make, model or mileage of any Lot or of any component of any Lot, are provided by the Seller, not BJAC, 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 affirmationsnonconformity of any Lot or any component of any Lot. As a condition of participation in the auction, representations, warranties or guarantees made by Seller Xxxxx represents that he will conduct any inspections and examination necessary to Buyersatisfy himself of all material facts before making any bid. For items vehicles with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (CD) Xxxxxxx-Xxxxxxx mayNeither BJAC nor any agent, employee or representative of BJAC has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot. BJAC assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. (E) Buyer acknowledges that BJAC 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. (F) For auctions conducted in its sole Nevada, neither the Seller nor BJAC is required to obtain the emissions inspections or tests required by NRS 445B.770. Any emissions inspections or tests required must be obtained by Buyer before a motor vehicle may be registered. (NRS 445B.805) In addition, for vehicles with engine modifications sold at any auction, Buyer acknowledges and absolute discretion, cancel or rescind the sale of any Lot or Itemagrees that such vehicles may not be emissions compliant in all 50 states.

Limitations and Disclaimers. (A) All property Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold "As is, Where is" and Xxxxxxx“AS-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedIS-WHERE-IS”, with respect 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) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the property, title documents or correctness the provenance of the catalog Lot or other description verify any information provided by Seller for the benefit of authenticity of physical conditionBuyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, sizeupon full performance by Buyer under this Agreement. Except with regard to such duty, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx BJAC from and against any claim, demand, liability 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. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx XXXX 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. Depending of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state- issued VIN and/or other requirements of that state. (B) Xxxxxxx Xxxxxxx-Xxxxxxx BJAC expressly disclaims all warranties, express or implied, concerning the Lot, including warranties of merchantability or fitness for any agentparticular 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; and (ii) assumes all risk of any nonconformities in any Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding BJAC’s knowledge concerning the Lot or the Seller, employee or upon any oral or written representations by BJAC, 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 representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemsany component of any Lot. Xxxxxxx-Xxxxxxx assumes Finally, Xxxxx acknowledges that his invocation of the mediation provision set forth in Section 5(B) below does not create any warranties, express or implied, and that BJAC 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, make, model or mileage of any Lot or of any component of any Lot, are provided by the Seller, not BJAC, 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 affirmationsnonconformity of any Lot or any component of any Lot. As a condition of participation in the auction, representations, warranties or guarantees made by Seller Xxxxx represents that he will conduct any inspections and examination necessary to Buyersatisfy himself of all material facts before making any bid. For items vehicles with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (CD) Xxxxxxx-Xxxxxxx mayNeither BJAC nor any agent, employee or representative of BJAC has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot. BJAC assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. (E) Buyer acknowledges that BJAC 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. (F) For auctions conducted in its sole and absolute discretionNevada, cancel neither the Seller nor BJAC is required to obtain the emissions inspections or rescind the sale of any Lot tests required by NRS 445B.770. Any emissions inspections or Item.tests required must be obtained by Buyer before a motor vehicle may be registered. (NRS 445B.805)

Limitations and Disclaimers. (A) All property Each lot is consigned to Xxxxxx Xxxxxxx Company (hereinafter referred to as THCo) by the Seller shown on the Bill of Sale. Seller is the disclosed principal of THCo, and THCo acts as the exclusive agent of Seller. Each lot is sold "As is“AS-IS, Where is" and XxxxxxxWHERE-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedIS”, with respect all faults and defects, and with all errors of description. Buyer understands that: (I) any and all information concerning any lot is provided b) Seller; (2) THCo does not make any representations or express any opinions of its own concerning any lot; (3) THCo does not examine any lot or any component of any lot, research the title documents for the lot or verify any information provided by the Seller, nor does THCo undertake any duty to the property, or correctness do any of the catalog or other description of authenticity of physical condition, size, quality or rarity foregoing for the benefit of the property Buyer or otherwiseanyone else. No statement anywhereXxxxx acknowledges that THCo’s only duty toward Buyer is to release the lot and the title documents “AS-IS, whether oral or writtenWHERE-IS”, shall be deemed upon full performance by Buyer under this Agree- ment and at times specified in this Agreement. Except with regard to such guaranteeduty, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx THCo from and against any claim, demand, liability or expense of on any kind arising out of or related our relation to the Lotany lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or any breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx THCo as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot lot or any alleged representations concerning the Lotlot, and further agrees to look solely to the Seller with respect to such matters. (B) Xxxxxxx Xxxxxxx-Xxxxxxx or any agent, employee of representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or items. Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.

Limitations and Disclaimers. (A) All property Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold "As is, Where is" and Xxxxxxx“AS IS-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedWHERE IS”, with respect 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) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the property, title documents or correctness the provenance of the catalog Lot or other description verify any information provided by Seller for the benefit of authenticity of physical conditionBuyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, sizeupon full performance by Buyer under this Agreement. Except with regard to such duty, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx BJAC from and against any claim, demand, liability 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. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx XXXX 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 Xxxxx fails to comply with this provision, Xxxxx agrees to reimburse BJAC for all costs, expenses and fees, including attorney fees, in defense of such claims. (B) Xxxxxxx Xxxxxxx-Xxxxxxx BJAC expressly disclaims all warranties, express or implied, concerning the Lot, including warranties of merchantability or fitness for any agentparticular 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; and (ii) assumes all risk of any nonconformities in any Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding BJAC’s knowledge concerning the Lot or the Seller, employee or upon any oral or written representations by BJAC, 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 representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemsany component of any Lot. Xxxxxxx-Xxxxxxx assumes Finally, Xxxxx acknowledges that his invocation of the mediation provision set forth in Section 5(B) below does not create any warranties, express or implied, and that BJAC 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, make, model or mileage of any Lot or of any component of any Lot, are provided by the Seller, not BJAC, 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 affirmationsnonconformity of any Lot or any component of any Lot. As a condition of participation in the auction, representations, warranties or guarantees made by Seller Xxxxx represents that he will conduct any inspections and examination necessary to Buyersatisfy himself of all material facts before making any bid. For items vehicles with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (CD) Xxxxxxx-Xxxxxxx mayNeither BJAC nor any agent, employee or representative of BJAC has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot. BJAC assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. (E) Buyer acknowledges that BJAC 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. (F) For auctions conducted in its sole and absolute discretionNevada, cancel neither the Seller nor BJAC is required to obtain the emissions inspections or rescind the sale of any Lot tests required by NRS 445B.770. Any emissions inspections or Item.tests required must be obtained by Buyer before a motor vehicle may be registered. (NRS 445B.805)

Limitations and Disclaimers. (A) All property Each lot is consigned to Xxxxxx Xxxxxxx Company (hereinafter referred to as THCo) by the Seller shown on the Bill of Sale. Seller is the disclosed principal of THCo, and THCo acts as the exclusive agent of Seller. Each lot is sold "As is“AS-IS, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedWHERE- IS”, with respect all faults and defects, and with all errors of description. Buyer understands that: (I) any and all information concerning any lot is provided b) Seller; (2) THCo does not make any representations or express any opinions of its own concerning any lot; (3) THCo does not examine any lot or any component of any lot, research the title documents for the lot or verify any information provided by the Seller, nor does THCo undertake any duty to the property, or correctness do any of the catalog or other description of authenticity of physical condition, size, quality or rarity foregoing for the benefit of the property Buyer or otherwiseanyone else. No statement anywhereXxxxx acknowledges that THCo’s only duty toward Buyer is to release the lot and the title documents “AS-IS, whether oral or writtenWHERE-IS”, shall be deemed upon full performance by Buyer under this Agree- ment and at times specified in this Agreement. Except with regard to such guaranteeduty, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx THCo from and against any claim, demand, liability or expense of on any kind arising out of or related our relation to the Lotany lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or any breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx THCo as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot lot or any alleged representations concerning the Lotlot, and further agrees to look solely to the Seller with respect to such matters. (B) Xxxxxxx XxxxxxxTHCo disclaims all warranties, expressed or implied, concerning the lot, including the warranties of merchantability or fitness for any particular purpose(s). Buyer represents that the amounts bid for any lot are based solely on buyer’s own independent inspec- tion and evaluation of the lot. As a material inducement to this agreement: (I) Buyer has undertaken to make its own examination of any lot before bidding; and (2) assumes all risk of any non-Xxxxxxx conformities in any lot. Buyer further acknowledges that it has not relied upon any assumptions regarding THCo’s knowledge concerning the lot or the Seller nor upon any representations by THCo, 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 compo- nent of any lot. (C) All statements contained in any catalogs, brochures or advertisements of any type pertaining to the sale, including without limita- tion any statements concerning condition, genuineness or authenticity, origin or provenance, previous use of ownership, manufac- turing or restoration processes, year or age, serial number, make, model or mileage of any lot or of any component of any lot, 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 if any lot or any component of any lot and, as a condition of Buyer’s participation in this Auction, Buyer represents that it will conduct any inspections and examination necessary to satisfy itself of all material facts before making any bid. (D) Neither THCo or Seller, or any agent, employee of or representative of Xxxxxxx-Xxxxxxx, THCo or Seller has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or itemslot. Xxxxxxx-Xxxxxxx In any event, THCo acts solely as Seller’s agent, and THCo assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. (E) All sales are with reserve unless a lot is explicitly offered without reserve. For items with a ReserveTHCo hereby gives notice that it has the liberty to make, procure and receive bids on the Seller’s behalf. The auctioneer and/or the consignor reserves the right to place bids for advance the consignor up to bid until the reserve amountis met. (CF) Xxxxxxx-Xxxxxxx mayAll sales may be subject to Buyers Premium which will be added to the final bid price to determine the total purchase price. Please refer to the schedule of Xxxxx’s Fees. Xxxxxx understands that they must pay a sum equal to that shown on the Buyer’s Fee Schedule for any vehicle or article purchased at this Auction, prior to this Auction, or after this Auction, and that this fee will automatically be included in its sole the final purchase price and absolute discretion, cancel or rescind is payable without relief to THCo. Buyers Premium may change from time to time without notice. (G) All sales are subject to the sale ”Light System’’ which is noted on your catalog and successful bid receipt. Please refer to the description of any Lot or ItemLight System.

Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or implied, with respect Notwithstanding anything provided herein to the propertycontrary, Xxxxx’ liability under the warranty described in this Section 1.3.11 shall be limited to the direct costs of repairing, reinforcing or correctness replacing Goods or, if such Goods cannot be repaired, reinforced or replaced, to a credit of purchase price paid for the defective or nonconforming warranted Goods; provided, that Buyer shall first return to Xxxxx those Goods for which a credit of the catalog purchase price is to be made. For purposes of this warranty, such “direct costs” of repairing, reinforcing or replacing Goods does not include any taxes imposed upon or payable in connection with any work performed in connection with this warranty. Buyer shall be responsible to pay and be liable for any such taxes. Except as otherwise provided in the Xxxxx Quotation/Sales Contract, Xxxxx shall have no warranty or other description liability for any part not manufactured by it, but agrees to cooperate with Buyer in endeavoring to obtain an assignment of authenticity Xxxxx’ warranty rights, if any, against the manufacturer of physical conditionany part not manufactured by Xxxxx. Prior to repair, sizereinforcement or replacement, quality Xxxxx shall have the right to examine the part, at its option, either at the Buyer’s property or rarity at Xxxxx’ plant in Brimfield, Illinois. The warranty provided herein shall not apply to any part which has been rebuilt by any entity other than Xxxxx without the prior written approval of Xxxxx. Without limiting the generality of the property provisions of this Section 1.3.11, the warranty provided hereunder shall not apply to parts or otherwisecomponents subject to normal wear and tear resulting in repairs, maintenance and/or replacement during the warranty, including but not limited to the following: tires, spotlamps (including headlamps), tong bits, lights, cameras (including lenses), brakes and belts. No statement anywhereThis warranty shall not apply to any of the Goods or parts thereof repaired, whether oral rebuilt, modified or writtenaltered by anyone other than Xxxxx or any other person or entity approved by Xxxxx in writing. Further, this warranty shall not apply to any of the Goods or parts thereof which utilize used, reworked or rebuilt components or new parts not obtained from Xxxxx, without the prior written consent of Xxxxx. Without limiting the generality of the foregoing, deterioration of the Goods or any part thereof and/or damage or consequences resulting therefrom due to corrosion, abuse, accident, neglect, misassemble, misapplication, improper maintenance, improper storage, improper protection in storage or other normal wear is not covered under this warranty. In addition, failure by the Buyer or any agents or employees of Buyer or any independent contractor retained by Buyer to fully comply with Xxxxx’ instructions regarding the assembly, erection or operation of the Goods shall be deemed to constitute an alteration of the Goods and such guarantee, warrantee, or representation, prospective bidders should inspect alteration as well as the property before bidding to determine condition, size and whether or consequences thereof shall not it has been repaired or restoredbe covered by this warranty. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx from and against any claim, demand, Any liability or expense of any kind Xxxxx arising out of or related pertaining in any manner to the Lotsupervisory services provided by Xxxxx shall be subject to and governed by this limitation. The liability of Xxxxx under this warranty shall not include liability for any “down time”, expressly loss of production, loss of sales, overhead expenses, losses, lost profits or other pecuniary or economic losses or damages, including without limitation any assertions incidental or consequential damages. Notwithstanding anything provided in this warranty to the contrary, defects and / or nonconformities discoverable upon inspection and/or testing after delivery must be brought to the attention of negligence (including negligent misrepresentation) Xxxxx prior to or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx as a defendant in any action or proceeding arising directly or indirectly out within 30 days after acceptance of the condition Goods or any claim based upon such discoverable defects and/or nonconformities will be barred. Except as otherwise expressly provided in the Xxxxx Quotation/Sales Contract, the warranty provided herein is the only warranty made by Xxxxx. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. The provisions of this Section 1.3.11 shall survive termination of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such mattersOrder. (B) Xxxxxxx Xxxxxxx-Xxxxxxx or any agent, employee of representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or items. Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.

Limitations and Disclaimers. (A) All property Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold "As is, Where is" and Xxxxxxx“AS-Xxxxxxx makes no guarantees, warranties, or representations, express or impliedIS-WHERE-IS”, with respect all faults and defects and all errors of description. Buyer understands that: (i) any and all information concerning any Lot is provided exclusively by Seller; (ii) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the property, title documents or correctness the provenance of the catalog Lot or other description verify any information provided by Seller for the benefit of authenticity of physical conditionBuyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, sizeupon full performance by Buyer under this Agreement. Except with regard to such duty, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx BJAC from and against any claim, demand, liability 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. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx XXXX 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 Xxxxx fails to comply with this provision, Xxxxx agrees to reimburse BJAC for all costs, expenses and fees, including attorney fees, in defense of such claims. (B) Xxxxxxx Xxxxxxx-Xxxxxxx BJAC 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; and (ii) assumes all risk of any nonconformities in any Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding BJAC’s knowledge concerning the Lot or the Seller, or upon any oral or written representations by BJAC, 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, Xxxxx acknowledges that his invocation of the mediation provision set forth in Section 6(B) below does not create any warranties, express or implied, and that BJAC 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 or Lot, 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, make, model or mileage of any Lot or of any component of any Lot, are provided by the Seller, not BJAC, 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, Xxxxx represents that he will conduct any inspections and examination necessary to satisfy himself of all material facts before making any bid. For vehicles or items with a Reserve, BJAC or online platform reserves the right to place bids for the consignor up to the reserve amount. (D) Neither BJAC nor any agent, employee of or representative of Xxxxxxx-Xxxxxxx, BJAC has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot or itemsLot. Xxxxxxx-Xxxxxxx BJAC assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount. (CE) Xxxxxxx-Xxxxxxx may, in its sole Buyer acknowledges that BJAC must comply with U.S.-mandated economic and absolute discretion, cancel or rescind the sale of any Lot or Itemtrade policies and that such compliance may include reviewing individual customer and/or transactional data for compliance.