1. By submitting a Vehicle Consignment Request Form, the seller/consignor named therein (“Seller/Consignor”) acknowledges and agrees to these entry rules, terms and conditions (these “Terms”). These Terms govern Seller/Consignor’s consignment of their vehicle with Throttle Car Club, LLC, a Maine limited liability company (“Throttle”).
2. Sale position will not be confirmed until entry fee is paid. Unpaid entries will be eligible for cancellation without notice at the discretion of Throttle.
3. Choice of sale position is based on a first come, first serve basis as entries are reserved. However, Throttle reserves the right to alter the placement of vehicles at its discretion. Auction run times are estimates only, and are not guaranteed.
4. If an auction entry is canceled by Seller/Consignor within 5 days of the original entry, the fee will be refunded minus a $25 handling fee. After 5 days, no refunds or credits will be issued for canceled entries.
5. Once a vehicle/lot item is announced and/or published and the paperwork is deemed complete by Throttle, there will be a $100 administrative fee charged to Seller/Consignor if Seller/Consignor requests any changes to the vehicle/lot (if changeable position).
6. Vehicles/lot items with liens must be pre-approved by the auction office and must in all cases be accompanied by a letter from the lien holder stating the lien release conditions and payoff amount. A $100 lien-processing fee will be assessed.
7. Throttle is not responsible for lost, stolen or damaged properties; or for any and all liabilities related to lost, stolen, or damaged property.
8. For up to five days following the auction, Throttle will supply an area for vehicles that do not reach agreeable selling prices so Seller/Consignor may endeavor to secure a proper buyer for the vehicle.
9. Throttle pays Seller/Consignor when payment is received, cleared and confirmed from the buyer. In the event of a wire transfer, payment may not arrive until the first business day after the auction. Checks are then mailed to Seller/Consignor within 5-7 business days. Throttle will not release vehicle to buyer until payment is received.
10. Should either the buyer or Seller/Consignor default on any part of the transaction, Throttle shall remain entitled to any and all fees and commissions by the defaulting party.
11. Throttle is entitled to its commission on any vehicle sold up to 21 days after the scheduled auction date, or a later date which the Seller/Consignor has agreed to extend the consignment date to with Throttle.
12. Throttle shall be entitled to reasonable attorney's fees incurred in the enforcement of this contract.
13. Performance Agreement: Seller/Consignor will be charged $1,000 per vehicle/lot item in the event Seller/Consignor fails to deliver a declared consigned vehicle/lot item for the contracted Throttle auction on the assigned day. Seller/Consignor acknowledges and agrees that $1,000 is a reasonable estimation of damages incurred by Throttle in the event Seller/Consignor fails to deliver a consigned vehicle for auction.
14. Seller/Consignor represents and warrants that all information provided to Throttle regarding the consigned vehicle/lot item is accurate and complete in all respects.
15. Positions/lot numbers are the property of Throttle and CANNOT be reassigned by Seller/Consignor.
16. 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 SELLER/CONSIGNOR’S PARTICIPATION IN A THROTTLE AUCTION, 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. TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, SELLER/CONSIGNOR AGREES THAT THE MAXIMUM EXTENT OF LIABILITY OF THROTTLE SHALL BE EQUAL TO THE COMMISSION ACTUALLY EARNED ON THE SALE OF THE VEHICLE OR LOT THAT IS THE SUBJECT OF THE DISPUTE. This agreement shall be governed by, and construed in accordance with, laws of the State of Maine without giving effect of any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Maine. Seller/Consignor irrevocably submits to the jurisdiction of the courts located in the State of Maine, Cumberland County, over any dispute arising out of, or relating in any way, to this agreement or to the transaction(s) to which it relates. Seller/Consignor irrevocably agrees that all claims shall be heard and determined in such court. Seller/Consignor irrevocably waives, to the fullest extent permitted by law, any objection or defense which he, she or it may now have, or come to have, regarding the inconvenience of this forum.
17. Seller/Consignor shall indemnify, defend and hold harmless Throttle and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party (collectively, "Losses"), resulting from any claim of a third party arising out of: (a) any breach or non-fulfillment of any representation, warranty, or covenant set forth in these Terms by Seller/Consignor or Seller/Consignor's personnel; (b) any negligent or more culpable act or omission of Seller/Consignor or its personnel (including any recklessness or willful misconduct) in connection with the performance of its obligations under this these Terms or Seller/Consignor’s participation in a Throttle auction; (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 Seller/Consignor or its personnel; or (d) any failure by Seller/Consignor or its personnel to comply with any applicable laws.
18. The auctioneer has the right to place a bid for Seller/Consignor up to the reserve amount. Under no circumstances will the auctioneer place a bid on behalf of the Seller/Consignor above the reserve amount.
19. Vehicles/lot items must be removed from the auction site within 5 business days of the auction end. They are the responsibility of the owner and if not removed, may be removed and stored at owner's expense at a rate of $20 per day per vehicle consigned.
20. MISREPRESENTATION Fraud or Misrepresentation by the Seller/Consignor can supersede "as-is" in a court of law. A Seller/Consignor may remain liable to a buyer for issues with a vehicle because of misrepresentation or fraud. o For example, if you claim "drives like new," "air blows cold," “matching numbers,” etc. that becomes a guarantee; if you claim one owner; limited production 1 of ??; only year for ---; XYZ Certified; etc., a seller must be prepared to substantiate to buyer such accusations or statements.
21. TITLE / VIN / VIN TAG / ID STAMPINGS • The actual title is required in advance of the auction. A vehicle/lot item that is exempt from Maine’s title requirements or is from a jurisdiction that does not issue certificates of title must be accompanied by information and documents to establish the ownership of the vehicle/lot item and the existence or nonexistence of a security interest in it. • If a certificate of title (or other ownership documentation) shows an unreleased lien, the subject vehicle will not be included in an auction until Throttle has been supplied with a properly released certificate of lien or the Secretary of State has issued a replacement certificate omitting the lien. • Titles must be negotiable. Dealers must have space on the title to re-assign it. Individuals must have the vehicle titled in their name. Payment is made to the name on the title. An open title, which is one not in your name, is not acceptable. On non-negotiable titles, funds to the seller will be held until proper title is provided. Any title requiring a correction will be assessed a $100 title correction fee. • Seller/Consignor agrees that he/she is responsible for any previous tax or title obligations on said vehicle and is responsible to provide purchaser with a proper document of sale. • Serial/VIN/ID numbers on entered vehicles must match Serial/VIN on the title. VEHICLES WITHOUT A VIN OR INCORRECT VIN WILL NOT BE ALLOWED IN THE SALE. Please check your serial number prior to coming to the sale, especially Model A's and Street Rods, to avoid complications. Our staff can assist you on titles with typographical errors. Homemade VIN's (those not issued or stamped by the manufacturer) may be subject to additional requirements. Entry fees will not be refunded on vehicles rejected on sale day. If you have any questions regarding this, especially VIN tags or stampings, contact the Throttle office before the auction. • SELLER/CONSIGNOR MUST VERIFY VEHICLE VIN BEFORE THE AUCTION Vehicle Identification Number (VIN)/Serial Number (PHOTO REQUIRED) A VIN/Serial Number that matches the title/registration EXACTLY must be provided prior to the auction. As part of Throttle’s pre-auction preparation we will need a digital photo of the VIN or Serial Number on your vehicle. Photos taken with the camera on your phone will usually be sufficient and can easily be emailed to our office. If the VIN/Serial Number does not match the Title/Registration it will need to be corrected by your local Department of Motor Vehicles prior to the auction. Please contact us if you have any questions related to VIN/Serial Numbers or Titles/Registration at 888-959-8051 x 6.
