Lot # : 5 - 1974 Ford's The Continental Magazine

HEART OF KNOXVILLE AUCTION TERMS AND CONDITIONS A) All items are being sold As-Is with no warranty; HEART OF KNOXVILLE AUCTION shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. HEART OF KNOXVILLE AUCTION makes every effort to provide accurate information about the items being sold. However, HEART OF KNOXVILLE AUCTION neither nor its Client will assume responsibility for Buyer's bidding errors. It is Buyers' full responsibility to confirm the accuracy of items offered for sale. Buyers are advised to inspect all items. Descriptions and photographs are offered as a guide only. Do not rely solely on photographs to make buying decisions, be sure to read descriptions, and ask questions if you are unclear. HEART OF KNOXVILLE AUCTION shall not be held responsible for errors such as posting the wrong photo for an item. If in doubt concerning the condition of an item, please bid accordingly. Buyer agrees that Buyer's failure to become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to HEART OF KNOXVILLE AUCTION nor for any claim against HEART OF KNOXVILLE AUCTION. You may preview all of the items for auction as annotated in the Auction Details of each auction. B) Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by the laws of the County of Knox, State of Tennessee and any action brought by either party shall be brought in the Courts of the State of Tennessee. In the event, that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of Tennessee govern the parties' agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place within the county of Knox, City of Knoxville, State of Tennessee. C) ALL SALES ARE FINAL; A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges D) Absence of Warranties; The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by HEART OFKNOXVILLE AUCTION is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer's behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer "AS IS", "WHERE IS" and "WITH ALL FAULTS". HEART OF KNOXVILLE AUCTION MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph. E) Bidder's Number; The bidder's number is nontransferable. All bids online, made using the bidder number will be the responsibility of the Buyer. F) FAILURE TO REMOVE PURCHASE; In the following circumstances items shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to HEART OF KNOXVILLE AUCTION without further notice to Buyer. HEART OF KNOXVILLE AUCTION shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by HEART OF KNOXVILLE AUCTION to enforce Buyer's obligations hereunder. If the item(s) are not claimed by the buyer with the provided grace period of three (3) business days, the items will be deemed abandoned and become the sole property of HEART OF KNOXVILLE AUCTION 1. Items are not retrieved from the specified pick-up location and have an Unpaid Invoice. 2. Any winning bidder(s) in need of shipping that have an unpaid invoice after two (2) business days. If Buyer is unable to safely pick up and remove items during the item pick-up times that have been scheduled, PLEASE DO NOT BID. Unless stated otherwise, HEART OF KNOXVILLE AUCTION does not ship nor does HEART OF KNOXVILLE AUCTION hold items beyond the published removal times. HEART OF KNOXVILLE AUCTION will not issue a Buyer a refund if Buyer is unable to pick-up and safely remove items during the published removal times. It is the Buyer's Duty to Remove Items Safely: Buyers are solely responsible for the safe pick-up, removal, and transportation of items. Buyer agrees that the pick-up, removal, and transportation of items won will be solely at Buyer's expense and at Buyer's risk. Buyer further agrees that Buyer will be responsible for any damage(s) that Buyer or any of Buyer's agents caused during any inspection or removal period, and also agree that the credit card associated with Buyer's online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that Buyer causes. G) Buyer's Premium. Buyer's premium is a Flat 10% paying with cash or check. H) Fraud: Buyer is responsible for all bids made from Buyer's account. If Buyer believes that an unauthorized person has gained access to Buyer's account, Buyer must notify the HEART OF KNOXVILLE AUCTION immediately by sending an e-mail to heartofknoxville@yahoo.com. Buyer must also report the incident to the relevant law enforcement authorities and send HEART OF KNOXVILLE AUCTION a copy of any resulting police report. Buyer understands and agrees that if Buyer does not promptly report any suspected fraud to HEART OF KNOXVILLE AUCTION and to the relevant law enforcement authorities, Buyer will be held personally responsible for all purchases made using Buyer's account and bidder number. I) Release Upon Presentation of Receipt: Buyer understands and agrees that HEART OF KNOXVILLE AUCTION will release your items only after Buyer or Buyer's agent presents a sales receipt (electronic or physical) generated by HEART OF KNOXVILLE AUCTION stating that Buyer's account is paid in full. Buyer further understands and agrees that it is Buyer's duty to ensure that any agent picking up items on Buyer's behalf has a copy of Buyer's paid sales receipt (electronic or physical) to present at the pick-up location. Buyer explicitly authorizes HEART OF KNOXVILLE AUCTION to release Buyer's items to any person in possession of Buyer's paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. HEART OF KNOXVILLE AUCTION PAYMENT A) By agreeing to HEART OF KNOXVILLE AUCTION Terms and Conditions you agree to allow us to charge the credit card on file if you are the winning bidder for any and all items won upon closing of the online only auction. B) Local bidders; Local bidders Have the "option" of paying with cash, Cash App, PayPal, Venmo, Zeale or personal/cashier's check at pick-up, on specified pick-up day(s). You must contact HEART OF KNOXVILLE AUCTION prior to the close of the auction and indicate that you will pay with Cash, Cash App, PayPal, Venmo, Zeale or check at pick-up or indicate as such upon registering for the auction on Hibid.com. If you are a Tennessee resident and local to Knoxville or the surrounding counties, please contact HEART OF KNOXVILLE AUCTION at heartofknoxville@yahoo.com if you would like your item(s) shipped. If you are NOT a Tennessee resident or a "local" buyer but DO plan to pick-up your items in-person or by a personal representative, please contact HEART OF KNOXVILLE AUCTION prior to the close of the auction to indicate as such. For any out-of-state or non-local buyers, we will presume you require shipping and your items will be packaged for shipping and/or taken to The UPS, USPS, FED EX Stores for shipping. C) We accept Cash, Venmo, PayPal, Cash App, Zeale D) NONPAYMENT; Any declined payment will have two (2) business days to contact HEART OF KNOXVILLE AUCTION and make arrangements to pay with Cash, Cash App, PayPal, Venmo, Zeale or check in-person. If payment has not been successfully received within two (2) business days E) Personal Information: It is vital that your personal information (name, address, phone number, and email) is correct. We ship and contact using this information and if it is not correct, delays will occur. HEART OF KNOXVILLE AUCTION is not responsible for correcting your information and is not responsible for any delays or incorrect delivery of items due to incorrect personal information. Please contact HEART OF KNOXVILLE AUCTION if you would like to verify your information. HEART OF KNOXVILLE AUCTION SHIPPING A) Buyer to pay all shipping charges. All shipping will be taken to our local USPS, FED EX, UPS shipping stores. We offer shipping through all major carriers to meet your needs. We will send tracking & invoice and will contact you directly via phone or email for payment processing. Buyers of large, extremely fragile, or those Buyers who will need freight shipping have two (2) business days to contact HEART OF KNOXVILLE AUCTION at (865)-389-7338 or heartofknoxville@yahoo.com with shipping arrangements (to include name of shipper, contact information, and pickup timeline. All exceptionally large or irregularly shaped items will be packaged through UPS Packing and shipped via UPS. Furniture or extra-large pieces may require freight (anything over 110lbs packaged). If freight or third-party shipping is needed, it is the responsibility of the buyer to coordinate and pay for all shipping. Please contact HEART OF KNOXVILLE AUCTION at (865)-389-7338 or heartofknoxville@yahoo.com prior to bidding with any shipping questions. Any buyer who fails to provide this information will fall under the Failure to Remove Items Section policies. If the buyer refuses or does not pay for shipping, HEART OF KNOXVILLE AUCTION will not refund the purchase for any reason. When shipping is refused or payment cannot be collected, items will become the property of HEART OF KNOXVILLE AUCTION and items will be either returned to auction, returned to the Client or disposed of as is deemed fit by HEART OF KNOXVILLE AUCTION. Shipping processing can take anywhere from 4 - 10 business days due to the high volume of internet bidders. Please plan accordingly. Your patience is greatly appreciated. If you need your package in a timelier manner, please notify HEARTOF KNOXVILLE AUCTION (865) 389-7338 or heartofknoxville@yahoo.com and we will prioritize your item(s). B) State Taxes: All Tennessee residents must pay sales tax unless a Tennessee Sales and Use Exemption is on file with HEART OF KNOXVILLE AUCTION prior to paying for your items. If you are an out-of-state Buyer and have a state sales tax exemption form and travel to our estate locations to pick-up, please bring a copy of your exemption form. If you do not provide an exemption form to be kept on file and you pick up in Tennessee, you will have to pay Tennessee State sales tax. Please contact HEART OF KNOXVILLE AUCTION with any questions, (865)-389-7338, Monday through Friday, 10 a.m. - 5 p.m. EST. To submit your signed Tax Exemption form via email, please email heartofknoxville@yahoo.com. HEART OF KNOXVILLE AUCTION LIABILITY In all cases, HEART OF KNOXVILLE AUCTION assumes no liability, and the liability of the seller of the items in this online only auction, will be limited to the refund of your purchase price. HEART OF KNOXVILLE AUCTION will not be liable for any amount in connection with the postponement or cancellation of this online only auction, or the withdrawal of any item(s) or lot(s) from this online only auction. In no event will HEART OF KNOXVILLE AUCTION be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this online only auction or any related sale or transaction. No Liability for the Acts of Third Parties: HEART OF KNOXVILLE AUCTION is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. No Liability for Site Malfunction: Buyer understands that this auction is online-only with internet bidding, and so relies on devices and programs that may malfunction without warning. Buyer agrees that HEART OF KNOXVILLE AUCTION will not be liable for any error or inconvenience that may be the result of such a malfunction. Buyer further understands and agrees that HEART OF KNOXVILLE AUCTION may void or suspend any sale, or resell any item, if HEART OF KNOXVILLE AUCTION determines a transaction to have been affected by any site malfunction. Indemnification Buyer agrees to indemnify, defend, and hold harmless HEART OF KNOXVILLE AUCTION and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with Buyer, Buyer's agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. Limitations These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by HEART OF KNOXVILLE AUCTION. Severability If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. Governing Law: VII) These Terms and Conditions will be governed by and construed under the laws of the State of Tennessee. VII.I) Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.