2009 Nissan GT-R

1.For purposes of these General Bidder Rules, the following terms are defined as a matter of convenience: a.“Throttle” means Throttle Car Club, LLC and its affiliates, successors, agents/employees, assigns, shareholders, directors, and officers. b.“Lot” means any item identified and made available for sale at an auction event hosted by Throttle in whole or in part. c.“Bidder” means a person or entity bidding upon any Lot at any auction event Throttle hosts in whole or in part. d.“Consignor” means a person or entity consigning a Lot for auction presentation and sale. e.The terms “Bidder” and “Consignor” are understood as including his/her/its respective heirs, successors and assigns 2.Bidder’s participation at any Throttle auction event constitutes knowledge of, and consent to, these General Bidder Rules, even absent Bidder’s signature to this Agreement. 3.Bidder agrees to abide by these General Bidder Rules. In the event the General Bidder Rules are revised, Throttle will provide notice of the revisions to Bidder prior to the first auction event at which the revised Rules are implemented. 4.Bidder is required to register for auction in accordance with Throttle’s policies and procedures, which may be amended from time to time. Bidder must use the badge and/or number issued by Throttle as a condition of auction participation. Invoicing and titling will be performed consistent with the information on Bidder’s completed registration. Bidder registration fees are non-refundable. 5.If any provision, clause, or part of these Rules, or the application thereof, is deemed invalid, the remainder of these Rules shall remain in full force and effect. 6.In all matters involving lost, stolen, or misplaced bidder badges, Bidder retains all liability for any bid, purchase, and/or action taken by anyone using the Bidder’s original bidder badge or number. 7.Bidder may be subject to additional verification measures by Throttle or any third-party vendor it may employ. 8.A monetary deposit may be required to obtain bidding access. All payments must be received by Throttle in USD. If no purchases are made, the deposit will be returned equal to the amount of USD received. For international deposits, current exchange rates as of the date of the return will apply. 9.Execution of this Agreement (or of any other document associated with Bidder’s auction participation) by means of electronic signature or any other affirmative assent (i.e., initials, checking boxes, etc.) shall be legally binding, as if the instrument was the subject of an original, handwritten execution. AUCTION 10.Before bidding on any Lot, Bidder is exclusively responsible for gaining full familiarity with the auction process. 11.Throttle is merely performing an auction service and is not responsible for a Lot’s description in any medium, even if the representation is made in a medium owned by, maintained by, or associated with Throttle. 12.All Lots offered are sold “AS IS, WHERE IS”. THROTTLE MAKES NO REPRESENTATION AND EXTENDS NO WARRANTY WHATSOEVER, EXPRESS, IMPLIED, OR OTHERWISE, RESPECTING ANY LOT’S CONDITION, GENUINENESS, VALUE, AND/OR QUALITY. THROTTLE HAS NOT INDEPENDENTLY INSPECTED OR TESTED THE LOT AND HAS NO KNOWLEDGE OF THE LOT’S HISTORY OR CONDITION. Bidder has the duty, right, and opportunity to inspect any Lot prior to bidding, and Bidder’s participation in the auction of any lot is exclusively premised upon the Bidder’s own determinations. Winning Bidders shall accept their Lot(s) with all faults, including, but not limited to, qualitative conditions, defects and imperfections (whether structural, mechanical, cosmetic, latent, obvious, whether mentioned or unmentioned in the Lot description). Throttle is not responsible for any defect in any Lot. While Consignors may be liable for false statements and/or misrepresentations, Bidder acknowledged and agrees that the “AS IS, WHERE IS” risk allocation inures to the benefit of the Consignor(s) of any lot(s). 13.Bidder releases, waives, and discharges Throttle for any and all claims arising out of, involving, or associated with a Lot description (including milage and “matching numbers” claims). Bidder shall indemnify, defend and hold harmless Throttle and its members, managers, officers, employees and agents for any costs and/or expenses (including, but not limited to, reasonable attorneys’ fees) that Throttle incurs in defending any claims arising out of, involving, or associated with, (a) a Lot description, (b) any breach or non-fulfillment of any representation, warranty, or covenant set forth in these General Bidder Rules by Bidder or Bidder's personnel; (b) any negligent or more culpable act or omission of Bidder or its personnel (including any recklessness or willful misconduct) in connection with the performance of its obligations under these General Bidder Rules or Bidder’s participation at any Throttle auction event; (c) any bodily injury, death of any person or damage to real or tangible personal property caused by the willful or negligent acts or omissions of Bidder or its personnel; or (d) any failure by Bidder or its personnel to comply with any applicable laws. 14.Mileage and “matching numbers” claims (including Lot item condition and authenticity of original mechanical items such as engine or transmission) are made by the Consignor. Bidder acknowledges that Throttle makes no representation and extends no warranties regarding milage and matching numbers claims. Bidder is solely responsible for investigating and determining the accuracy of such claims. 15.All Lots are offered for individual sale by their unique Lot number, unless otherwise noted. The auctioneer will accept bids from on-site Bidders and absentee Bidders. The auctioneer has the right to place a bid for the Consignor up to the Lot’s reserve. 16.In matters where the winning bid cannot be determined with certainty, the auction process may be repeated for that Lot. The auctioneer will use reasonable judgment in evaluating Bidders’ claims of auction confusion. However, the auctioneer’s determination(s) in these circumstances is/are both final and non-appealable. 17.Throttle is not liable for lost, stolen, or damaged Lots, and Bidder shall make no claim against Throttle for such loss, theft, or damage, unless the loss, theft, or damage is directly caused by Throttle’s actions or omissions. 18.Lots must be removed from the auction location within 5 business days of the auction event’s conclusion. After 5 business days, any remaining Lots will be assessed a storage fee, from the facility, of $20 per Lot per day. This fee will be charged to Bidder at Bidder’s sole expense. Throttle may designate Lots which remain unclaimed 30 days following the auction event as abandoned, but is in no way obligated to so designate. 19.Lots that fail to meet the reserve price shall be presented for sale post auction subject to the same terms as Lots sold on the auction block. PURCHASE/PAYMENT 20.Bidder accepts Lot ownership at the gavel fall and immediately assumes all responsibility and liability for the purchased Lot. 21.If bidding on-site, Bidder will pay for the Lot (including applicable commission, taxes, and fees) within two hours of placing the winning bid. Telephone/Internet Bidders shall make payment within one (1) day following the auction event’s conclusion. Bidder is prohibited from suspending or deferring payment. Any stop payment order on a purchased Lot, or any payment check drawn upon an account with insufficient funds, shall serve as conclusive, irrefutable proof that Bidder intended to and did commit fraud at the auction. The Bidder understands and agrees that Throttle has the exclusive and full right to collect and retain the Buyer’s commission for its sole use and benefit of selling the vehicle via the auction. 22.All purchased Lots are subject to applicable state and local taxes, which Bidder agrees to pay in effecting the Lot’s purchase. 23.Throttle will deliver Lot titles following auction event completion, contingent upon Bidder’s payment, and within 30 days following the purchase in the event Bidder is a dealer. Throttle will provide bills of sale in lieu of titles for Lots that are exempt from title requirements under Maine law. 24.All account balances which are unpaid seven (7) days after the Lot’s purchase date will be subject to interest charges at a rate of twelve percent (12%) per annum, with interest compounded daily and calculated retroactively to the date of purchase. 25.In the event of Bidder’s default, including, but not exclusive to non-payment, Throttle may: 1) hold Bidder liable for the Lot’s purchase price and sue for specific performance; 2) cancel the sale and retain Bidder’s payment as liquidated damages; 3) resell the Lot without reserve at a future Throttle auction or by private sale, with, or without advance notice to Bidder, with Bidder remaining liable for any deficiency in resale price, 4) purchase the Lot at the amount of Bidder’s bid; 5) take any other lawful action to protect Throttle’s interest; or 6) charge Bidder’s credit card for any amount due Throttle and/or Consignor. Bidder is liable for all costs and expenses arising from Bidder’s default, including, but not limited to freight, storage, auction entry fees, commissions, reasonable attorneys’ fees, court costs, and expenses. GENERAL 27.The Bidder, having had opportunity to consult counsel, irrevocably waives any right to trial by jury in any proceeding arising out of or relating to the auction Lots. 28.NEITHER THROTTLE NOR ITS REPRESENTATIVES IS LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGE, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR BIDDER’S PARTICIPATION AT ANY THROTTLE AUCTION EVENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THROTTLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 29.These General Bidder Rules shall be governed by, and construed in accordance with, the laws of the State of Maine, without giving effect to any choice or conflict of law provision or rule that would apply the laws of any other jurisdiction. Bidder irrevocably submits to the jurisdiction of the courts located in the State of Maine, Cumberland County, for any dispute arising out of, relating to in any way, concerning the auction Lots and irrevocably agrees that all such claims shall be there entertained. Bidder irrevocably waives any objection or defense founded on the forum’s inconvenience. 30.Acceptance of these General Bidder Rules permits Throttle to have future contact with the Bidder. In compliance with any regulations established by federal, state or local authorities, Bidder’s participation is an affirmative consent or “opt-in” to Throttle’s future contact. This consent shall be effective until revoked by Bidder in writing. 31.Bidder understands that Throttle auction event(s) may be televised (live or on tape-delay) and broadcast to a national or international audience, including, but not limited to, broadcasts on partner networks and their affiliates or by online video streaming. By attending the event, Bidder and those attending as Bidder’s Guests (“Guests”) consent to Throttle using Bidder’s and any Guest’s image, voice, and likeness throughout the universe, in any and all media, in perpetuity. Bidder shall inform Guests of this provision as Bidder deems necessary. TELEPHONE/INTERNET BIDDING DISCLAIMERS 31.Throttle’s telephone and/or internet bidding features, functions, content, products, and capabilities are available on an “as is” and “as available” basis, without any express or implied representation or warranty of any kind. Throttle makes no guarantee or assurance that Throttle’s telephone and/or internet bidding services will operate without interruption or that all services, products, features, functions, content, or operations will be available or perform at any particular time(s). Without limiting the generality of the foregoing, Throttle is not responsible for 1) malicious code, delays, inaccuracies, errors, omissions, or mistakes in the Bidder’s use of Throttle’s telephone and/or internet bidding services or any sites linked to Throttle’s telephone and/or internet services; 2) any interruption of telephone signal to the Auction event and/or cessation of transmission to or from our website or to or from our site by any third party; or 3) defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of others. Bidder assumes the entire risk of using Throttle’s telephone and/or internet bidding services, along with its associated features and functions. 32.Bidder agrees that Throttle is not liable for any loss or damage incurred in connection with or arising from use of Throttle’s telephone and/or internet bidding services. 33.Bidder acknowledges 1) the limitations of Throttle’s telephone and/or internet bidding services and some messages; 2) that transmissions may not be timely processed [or not at all] and 3) that some services, features, or functions may be restricted or delayed. Bidder affirms that Throttle assumes no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or postings, or for any failure or delay there associated. 34.Throttle reserves the right to record all conversations between Throttle and Telephone and Internet Absentee Bidders. By agreeing to these Rules, Bidder understands he/she/it is allowing the recording and giving his/her/its consent to it. 35.ThrottleCarClub.com is controlled and offered by Throttle from its facilities in the United States of America. Throttle makes no representations that this site is available for use in other locations.