In order to register to bid, all Bidders will be required to sign this Bidder Contract accepting the following terms of the Auction.

This BIDDER CONTRACT entered into between the Bidder whose name is signed below and Summit City Realty, LLC d/b/a Summit Auction Group, "Auctioneer". The terms, Bidder and Buyer are interchangeable and the same throughout this Contract. Bidder agrees that this is a binding Contract and that the terms listed below shall govern this auction and he/she agrees with them and will honor these terms. Additional terms may be posted at the registration table or announced from the auction block of which are hereby incorporated into this Contract.

AS IS NATURE AND WARRANTY: All lots are sold "AS IS" and without recourse and neither Auctioneer nor its consignor makes any warranties or representations, express or implied, with respect to such lots. Bidders are strongly advised to personally examine any property in which they are interested, before the auction takes place to determine its condition, size, and whether or not it has been damaged, repaired or restored or altered.

Except as otherwise expressly and specifically provided herein, neither Auctioneer nor its consignor makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging; nor does a reference to particular defects imply the absence of others. References in the brochure, Internet or elsewhere to damage or restoration are for guidance only and should be evaluated by personal inspection by the Bidders or a knowledgeable representative.

These terms are controlling, and no statement, whether written or oral, and whether made in brochures, Internet, a bill of sale, a salesroom posting or announcement, the remarks of an Auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. All statements made orally or in writing are statements of opinion and are not to be relied on as statements of fact. Neither Auctioneer nor the seller is responsible in any way for errors or omissions in the brochure or any supplemental material. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry. 

Auctioneer and its consignors make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Auctioneer expressly reserves the right to reproduce any image of the lots offered. The copyright in all images, illustrations and written material produced by or for Auctioneer relating to a lot, shall remain at all times, the property of Auctioneer and shall not be used by the Buyer nor by anyone else, without our prior written consent. All measurements and weight are approximate. 

At some auctions there may be a video or digital screen. Errors may occur in its operation and in the quality of the image, bid price shown, description and other errors and Auctioneer does not accept liability for such errors as this is a service offering convenience only.

AGENCY: The Auctioneer may be acting as an Agent for a Seller. Any disputes over titles or other ownership provisions is between the Buyer and the Seller. Buyer agrees to hold harmless and indemnify the Auctioneer, its employees, subcontractors, its agents, and employees from any claims or damages which might result from any auction. It is the sole responsibility of the Buyer to have conducted prior inspection of the seller's rights to sell, to inspect UCC filings (if any) on items to be auctioned, and to inspect the ownership records of said items.

BIDDER AUTHORITY: The Bidder warrants that he/she is not under 18 years of age nor been judged mentally ill or incompetent.

In the event a person is bidding on behalf of another party, an original notarized Power of Attorney must be presented at the time of registration. Power of Attorney must include the buying party's social security number. If you are planning to bid in the name of a corporation, business, or LLC, you must have the appropriate official documentation to show proof of eligibility to bid on behalf of that corporation, business, or LLC.

An individual's signature on this Bidder Contract is an acknowledgment of his/her full and complete understanding of all terms and conditions and his/her agreement to be bound thereby. Therefore, Bidders are cautioned to carefully read all applicable terms and conditions contained in this document and the sales flyer before signing the Bidders registration card. Bidders must present a photo ID upon registering to bid.

Each registered Bidders will be issued a Bidders number upon completion of the registration process. Each Bidders is solely responsible for the use of his/her Bidders number and any use by another person is presumed to be with the consent of and contractually binding on the registered Bidders. 

PAYMENT TYPES AND TIMING: All items must be paid for before the Bidder leaves the auction site. Nothing may be removed until such items are fully paid for. Payment for items must be made in the form of cash, certified funds, cashier's check, money order or Visa/Mastercard. A personal or business check will only be accepted as payment if accompanied by a Bank Letter of Guarantee, and only if approved by Auctioneer or cashier prior to the auction. All purchases are subject to state and local sales tax laws. Bidder agrees to not stop payment nor create a disallowance of a check for any reason whatsoever. Bidder is responsible for reimbursement to the Auctioneer for any expenses incurred for the collection of a returned check plus a $50 administrative fee or double the amount of the check, whichever is greater.

All cash payments of $10,000 or more will be reported to the IRS in accordance with 26 USC 6050 Section I (d). In order to comply with this requirement, Bidders must provide their Social Security Number at the time of Bidders registration to facilitate the completion of IRS Form 8300.

If paying by credit card, Bidder agrees to waive any warranty rights under his/her credit card agreements and declares that all items are purchased "as is" without warranty or guarantee. Furthermore, all credit card purchases are final and Bidder agrees not to disallow or dispute any credit card charges after they have been accepted on the day of the auction.

BUYER PREMIUM: A fee shall be charged to all successful Bidders. The fee known as a Buyers Premium is listed in the auction literature and is based on the final gross bid price. The Buyer Premium is added to the bid price to determine the final amount due from the Bidders. If sales tax is charged, the total of the bid price and Buyer premium will be subject to sales tax.

RESERVES AND BID INCREMENTS: The Auctioneer reserves the right to reject any or all bids, and to waive any technical defects in bids. Property is sold with a minimum reserve price unless the property is, in explicit terms, offered without a minimum reserve price. The minimum reserve price is not released to the public. If the minimum reserve price is not achieved, the Auctioneer may withdraw the property at any time or declare the property unsold anytime. If the Auctioneer decides that any opening bid is below the value of the lot offered, the Auctioneer may reject that bid and withdraw the lot from sale; and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject that advance. Reserves are agreed upon with the consignor or, in the absence thereof, in the absolute discretion of Auctioneer.

The Auctioneer may implement the reserve by opening bidding on any lot by placing a bid on behalf of the seller. The Auctioneer will not specifically identify bids placed on behalf of the seller. The Auctioneer may further bid on behalf of the seller up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to other Bidders.

INSPECTION OF PROPERTY: The Bidders is invited, urged, and cautioned to inspect the property prior to submitting a bid. Failure to inspect property shall not constitute cause for cancellation of a sale. Property will be available for inspection prior to bidding.  At their own expense, potential Bidders may have property inspectors or technicians examine the property during regularly scheduled inspection times.

WITHDRAWAL: Auctioneer reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot and shall have no liability whatsoever for such withdrawal.

COLLUSION AND TRADING: Practices that eliminate competition, such as collusive bidding, may result in criminal, civil, and/or administrative action against the participants. Bidder acknowledges that there will be no selling or trading tolerated on auction property, except by the Auctioneer.

AUCTIONEER PARTICIPATION: Employees of Auctioneer are not prohibited from bidding on property. In the course of their employment it is possible that they may have access to information not available to the public. Auctioneer on occasion makes loans or advances funds to consignors.

ABSENTEE BIDS: Absentee Bids are gladly accepted by the Auctioneer, subject to terms established and agreed to by the Auctioneer. All Absentee Bids must be submitted on the Auctioneers Approved Form. All bids must be submitted no later than 5:00 pm on the day prior to auction. All bid prices must be for a minimum of $25. ANY BIDS UNDER WILL BE IGNORED! Successful absentee Bidders will be notified by telephone, email or fax either on the night of the auction or on the next business day. You must have a valid credit card on file with Summit Auction Group. Bids will be placed in the next logical increment on your behalf up to the maximum bid price indicated. All purchases are subject to the stated Buyer premium plus an additional 5 percent (5%) for handling purposes. Once a bid is placed, it cannot be changed or withdrawn. It is the responsibility of Absentee and Phone Bidders to use their own resources to determine the condition of the merchandise for prior to placing their bids. Any statements made by staff or the Auctioneer to an Absentee or Phone Bidder are that person's opinion only and carry no guarantee or warranty as to the accuracy of their descriptions or statements. In order to bid via telephone during the auction, advance arrangements must be made and will be subject to the same minimum bid stated above. Absentee bids and telephone bids are accepted at the sole discretion of the Auctioneer. Absentee bids are executed as a courtesy and convenience to Bidders. The auction house will not be held responsible for any errors or failure to execute a bid.

ELECTRONIC BIDS: Certain auctions may offer Internet bidding. Persons wishing to participate in electronic bidding are required to register online at the designated website. In completing the registration process, the Bidders agrees to comply with all electronic deposit requirements and acknowledges full and complete understanding of all Terms and Conditions.

EXPULSION AND RIGHT TO BID: Auctioneer reserves the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid, as well as the right to refuse to acknowledge any Bidders. The highest Bidders acknowledged by the Auctioneer will be the purchaser. The Auctioneer has the right at his absolute and sole discretion to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, and to combine any two or more lots. In the event of error or dispute between Bidders, or in the event of doubt on our part as to the validity of any bid, whether during or after the sale, the Auctioneer has final discretion to determine the successful Bidders, to continue the bidding, to cancel the sale, or to re-offer and resell the lot in dispute. If any dispute arises after the sale, the Auctioneer’s sale records shall be conclusive.

Bidder hereby acknowledges that Auctioneer may expel any person from the auction site for any reason whatsoever. If the Auctioneer requests that a Bidders be removed, he must pay for his items, pick up his items and leave the auction site. An expelled Bidder may not return to any auctions conducted by Summit Auction Group for any reason whatsoever without written consent. Violators will be prosecuted with criminal charges. Reasons for suspension or expulsion may include, but not be limited to: failure to pay for items in any auction before leaving the auction site; returned checks, derogatory statements made about merchandise or auction patrons by a Bidder, disorderly conduct, failure to comply with auction rules, smoking in prohibited areas, or selling and trading on auction property without going through the Auctioneer, unauthorized distribution of literature or flyers, or for bid rigging practices.

LIMITED LIABILITY: After a Bidder has won the bid with his/her high bid, they have become the new owners of the item(s), even though they may not have paid for the item yet. The item(s) becomes the full and sole responsibility of the Buyer at this point, and the Buyer assumes all risk of loss and damage. Buyer's should guard their items accordingly. Auctioneer shall not be liable for theft, fire vandalism, or acts of God for items left at the auction site, regardless of when item(s) are picked up from the sale site.

If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen or mis-delivered or lost prior to delivery, Auctioneer shall not be liable for any amount in excess of that paid by the purchaser. Auctioneer is not responsible for the acts or omissions of carriers or packers of purchased lots, whether or not recommended by Auctioneer. Packing and handling of purchased lots by us is at the entire risk of the purchaser and Auctioneer will have no liability for any loss or damage to such items.

REMOVAL OF ITEMS: Any item left on auction site shall be removed within 24 hours of the auction, or sooner if posted at the registration table. It is the sole responsibility of the Bidder to load and remove his/her items from the auction site. Auctioneer shall not be required to provide a fork lift or any other means of loading, as such responsibility is that of the Bidder. The ownership of any item left on the auction site after five (5) business days may revert back to the Auctioneer, and the items may be disposed of accordingly. Safety Precautions should be made before removing any item from the auction site. The Auctioneer strongly suggests that the Bidder have any item, especially vehicles, examined by a qualified mechanic or qualified technician, prior to using or driving.

INJURY AND OR DAMAGES:  Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his agent, and further agrees to hold Auctioneer (its agents, officers, owners, or customers) harmless from any personal injury to himself or his agents, family, guests, and any property damage incurred on auction site or auction premises.

APPLICABLE TAXES: Buyer is responsible for the payment of any and all applicable taxes imposed by any state, county, or political subdivision. Sales tax if charged, will be charged to all Bidders unless proof of exemption is presented. Proof of sales tax exception will include a current merchant certificate and fully completed ST-105 form or the like.

COMPONENT VALIDITY: If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, the balance of the conditions shall continue to be valid to the fullest extent permitted by law.

JURISDICTION: The rights and obligations of the parties with respect to these Conditions of Sale as well as the purchaser's and our respective rights and obligations hereunder, the conduct of the auction and any matters connected with any of the foregoing, shall be governed and interpreted by the laws of the State of Indiana. By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the Buyer shall be deemed to have submitted, for the benefit of Auctioneer, to the exclusive jurisdiction of the federal or state courts located in the state and county of Indiana and waives any objection to the jurisdiction and venue of any such court.

BUYER DEFAULT: In addition to the other remedies available to us by law, we reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein.

If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we shall be entitled in our absolute discretion to exercise one or more of the following rights or remedies:

a)     To charge interest at such rate as we shall reasonably select;

b)     To hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;

c)     Cancel the sale of that, or any other lot or lots sold to the defaulting purchaser at the same or any other auction, retaining as liquidated damages all payments made by the purchaser;

d)     Resell the property whether at private sale or public auction without reserve, and the purchaser will be liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages;

e)     To set off the outstanding amount remaining unpaid by the Buyer against any amounts which we may owe the Buyer in any other transactions;

f)     Where several amounts are owed by the Buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs;

g)     to reject at any future auction any bids made by or on behalf of the Buyer or to require a deposit from the Buyer before accepting any bids;

h)     To take such other actions as we deem necessary or appropriate; or

i)      To effect any combination thereof.

In addition, a defaulting purchaser will be deemed to have granted and assigned to us a continuing security interest of first priority in, and we may retain as collateral security for such purchaser's obligations to us, any property or money of or owing to such purchaser in our possession. We shall have all of the rights accorded a secured party under the Indiana Uniform Commercial Code with respect to such property and we may apply against such obligations all monies held or received by us for the account of, or due from us, to such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds represented by checks, or in the case of bank or cashier's checks, we have confirmed their authenticity. In the event the purchaser fails to pay any or all of the total purchaser price for any lot and Auctioneer nonetheless elects to pay the consignor any portion of the sale proceeds, the purchaser acknowledges that Auctioneer shall have all of the rights of the consignor to pursue the purchaser for any amounts paid to the consignor, whether at law, in equity, or under these Conditions of Sale.