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1. LIMITATIONS AND DISCLAIMERS:

(A) Each Lot is consigned to Barrett-Jackson by the seller shown on the Consignment Agreement

(“Seller”). Each Lot is sold “AS IS - WHERE IS”, with all faults and defects, and with all errors of

description. Buyer understands that (i) any and all information concerning any Lot is provided by

Seller; (ii) Barrett-Jackson does not make any representations or express any opinions of its own

concerning any Lot; and (iii) Barrett-Jackson does not examine any Lot or any component of any

Lot, research the title documents or the provenance of the Lot or verify any information provided by

Seller, nor does Barrett-Jackson undertake any duty to do any of the foregoing for the benefit of Buyer

or anyone else. Buyer acknowledges that Barrett-Jackson’s only duty toward Buyer is to transfer the

Lot to Buyer “AS-IS - WHERE IS”, upon full performance by Buyer under this Agreement and at the

times specified in this Agreement. Except with regard to such duty, Buyer hereby waives and releases

Barrett-Jackson 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. Buyer agrees not to join Barrett-Jackson 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 Buyer fails to comply with this provision, Buyer agrees to reimburse Barrett-Jackson

for all costs, expenses and fees, including attorney fees, in defense of such clams.

(B) Barrett-Jackson disclaims all warranties, express 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 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 non-conformities in any

Lot. Buyer further acknowledges that he has not relied upon any assumptions regarding Barrett-

Jackson’s knowledge concerning the Lot or the Seller nor upon any oral or written representations by

Barrett-Jackson, 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, Buyer acknowledges that his invocation of the mediation provisions set forth in Section

5(B) below does not create any warranties, express or implied, and that Barrett-Jackson shall have no

liability to Buyer or Seller as a result of its facilitation of any mediation.

(C) All Statements contained in any catalogs, brochures 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 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 and, as a condition of Buyer’s participation in the auction, Buyer represents

that he will conduct any inspections and examination necessary to satisfy himself of all material facts

before making any bid.

(D) Neither Barrett-Jackson, nor Seller, nor any agent, employee or representative of Barrett-Jackson

or Seller, has given or authorized any other person to give any oral or written affirmation, representation,

warranty or guarantee concerning any Lot. In any event, Barrett-Jackson assumes no liability for

any affirmations, representations, warranties or guarantees made by Seller to Buyer.



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