Collector Car Productions
 
Auction listing and selling contract agreement

2017 Toronto Srping Classic Car Auction


Toronto, Ontario
May 5-6-7, 2017
 
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If this vehicle is registered in a Dealer Name please fill in ALL blanks:

Vehicle Information (Photocopy of ownership must be submitted in advance with auction entry. Ownership must be submitted when car enters Auction Sale and must be registered to seller. Vehicle mileage must be recorded in space provided.) Please describe your vehicle fairly and accurately, as this information will be used in advertising and at the auction block to describe your car. Avoid potential problems by fair representations and be honest.
Body Style:

Electronic Odometer?
Vehicle has travelled as of . True distance travelled believed to be higher.
Actual distance travelled may be substantially higher than odometer reading.
Poor Fair Good Exc

Please add any additional information to help auctioneer sell, such as restoration details, significant vehicle history, etc. (250 characters).
This description will be used for website, window card, promotional material and auctioneer's notes when the car is on the block:

Auction Entry Fees
$100 + $13.00 HST = $113.00
$150 + $19.50 HST = $169.50
$300 + $39.00 HST = $339.00
$350 + $45.50 HST = $395.50
$500 + $65.00 HST = $565.00
$500 + $65.00 HST = $565.00
$750 + $97.50 HST = $847.50
$250 + $32.50 HST = $282.50
$400 + $52.00 HST = $452.00
$600 + $78.00 HST = $678.00
$50 + $6.50 HST = $56.50
Due to recent changes in the Ontario Motor Vehicle laws, a fee of $50.00 plus $6.50 HST ($56.50 Total) will be added to each entry fee to cover costs of the required Lien, Vehicle History and Auto Check Searches.
Reserve
Automobile will be accepted with a reserve placed on it provided that it is considered fair and reasonable by the Consignee. The reserve, if any must be stated on this contract. No reserve can be raised once the automobile is accepted, but it may be lowered prior to the time of sale.
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Cars with realistic reserves get the best time slots
HST# 852 950 864 RT0001
ALL PRE-REGISTRATION MUST BE ACCOMPANIED BY PAYMENT TO: COLLECTOR CAR PRODUCTIONS, INC.
Box 1120, 186 Talbot St. W, Blenheim, ON N0P 1A0
t. 519.676.0396 / f. 905.248.3353

Seller's Terms & Conditions

These terms and conditions define the agreement between the Consignor and Consignee regarding the consignment of the vehicle listed above (hereinafter referred to as the "vehicle") to the auction sale described at the top of this form (hereinafter referred to as the "sale"). Consignee agrees to provide auction services, sale facility, clerks and support staff and event advertising and promotion.

The Consignor agrees as follows:

Commissions
With Reserve: Commissions payable will be 10%. No Reserve: Commissions payable will be 8%. A MINIMUM commission of $100 will be charged on all vehicles.

Exclusivity
Consignor agrees to grant the Consignee exclusive right and authority to advertise and sell the vehicle to the Consignee for a period beginning with the date of this agreement and ending thirty (30) days following the sale. If during this period the vehicle should be sold or exchanged for money or other goods, or an introduction should be made which results in the subsequent sale or exchange of the vehicle to any third party, Consignor agrees to make immediate payment to the Consignee of the sales commissions described in the paragraph above. The Consignee may retain possession of the vehicle or title until payment is made in addition to any other legal remedies which may be available.

Insurance
The vehicle will be insured at Consignor's expense from the time of receipt by the Consignee until it ceases to be in the Consignee's custody, in an amount equal to the greater of the reserve, if any and the fair market value of the vehicle.

Illustration
Consignor agrees that images of the vehicle can be used in advertising and promoting the sale.

Title
Consignor warrants that he/she is the sole and only owner of the vehicle and that he/she has full right and authority to sell the vehicle including clear title and consent from any lienholders. Consignor agrees to provide the buyer with good, clear and transferable title to the vehicle and to correct at Consignor's expense any title defects and to pay any expenses associated with providing the buyer with good, clear, and transferable title according to the requirements of the Province or where the buyer seeks to register the vehicle. Original title must be on file upon check-in or car will not cross the auction block.

Payment
Consignor agrees and consents to the sale of the vehicle according to the terms and conditions outlined herein and in the Contract of Sale, a copy of which is available upon request. Consignor authorizes the Consignee to release the vehicle to the successful buyer and agrees to rely solely upon the buyer for payment. Consignor specifically releases the Consignee from any and all legal obligation for collection costs, attorney or legal fees, or any other expenses associated with the sale of the vehicle and the collection of payment. If, as a convenience to the Consignor, the Consignee should issue payment to the Consignor on behalf of the buyer, the payment can be revoked, cancelled, or withheld at any time at the Consignee's sole discretion until payment has been received from the buyer. All or a portion of the sale proceeds may be withheld by the Consignee to satisfy any debt or obligation owed by the Consignor to the Consignee with respect to this or any other agreement.

Settlement of Account
Provided that the Consignor has received payment in full from the buyer, the Consignee will, within fifteen (15) business days of receipt of payment from the buyer, pay to the Consignor the net proceeds after deduction of applicable sales commissions and any other amounts owing to the Consignee by the Consignor.

Non-Payment by Buyer
In the event of non-payment by the buyer, the Consignee in its sole discretion may cancel the sale and return the vehicle to the Consignor, enforce payment by the buyer, or take any other actions permitted by law. The Consignor agrees that in such an event the Consignee shall not under any circumstances be liable for any incidental or consequential damages caused by any breach or failure on the part of the buyer.

Representations
Consignor acknowledges that it is impossible to predict accurately the selling price or the time of sale for the vehicle, and accordingly, no such representations are made by the Consignee.

Vehicle Description
Consignor agrees that he/she shall accept sole responsibility and liability for any representations made by the Consignee based upon information supplied by the Consignor as to the character, features, condition, correctness, authenticity, or history of the vehicle, and to save and hold the Consignee harmless from any claims which may be made with respect to any such representations.

Drivers
Consignor acknowledges and grants permission for the Consignee, its employees and agents to drive or move the vehicle from time to time before, during or after the sale. Consignor acknowledges that it is his responsibility to maintain sufficient insurance coverage to permit such driving, and the Consignor specifically agrees to save the Consignee from any liability which may result from such driving or movement of the vehicle

Cancellation of Sale
The Consignee may, at its sole discretion, cancel or rescind the sale of the vehicle if it determines or has reason to believe that the offer for sale has or may subject the Consignee, the Consignor, or both to any liability including but not limited to liabilities due to representations made by the seller or due to insufficient title or authority. In the event of such cancellation, the Consignee shall have the right to refund or credit to the purchaser the full purchase price. In the event that the Consignor has received all or part of the proceeds, the Consignor agrees to repay such amounts. The Consignor also agrees to accept return of the vehicle as full and complete settlement of this consignment agreement.

Liability
Consignor acknowledges that the Consignee assumes no liability for any loss, theft, or damage of any kind to the vehicle, its contents, or components. The Consignee maintains no insurance of any kind with respect to vehicles or items consigned to it for sale. Consignor agrees to hold the Consignee, its employees, and agents harmless from any claims for injury or property loss or damage arising out of the consignment or sale of the vehicle.

Odometer Statement
Consignor agrees to provide vehicle's mileage (distance travelled) on or before the first day of the sale and to accept sole responsibility for the accuracy or inaccuracy of such statement.

Reserve
The reserve price may not be increased at any time. Consignor shall have the right to reduce the reserve price at any time prior to the sale of the vehicle. When a vehicle is sold with reserve, the auctioneer may bid on the Consignor's behalf up to the reserve price. If the Consignor offers to sell the vehicle for an amount less than the reserve price and the Consignee agrees to sell the vehicle for such amount, the normal commission rate for vehicles consigned with reserve shall apply. If the Consignor sues the Consignee for any reason and does not prevail, the Consignor agrees to pay all the Consignee's legal fees and expenses associated with said suit.

Title may be held by the Consignee at its sole discretion until such time as payment in full has been received, including clearing of funds, if applicable and all Termination Statements have been received regarding any lien payoffs.

Cancellation
No entry fees will be refunded for cancellation within fourteen (14) days prior to the sale. No entry fees will be refunded if vehicle is in the catalogue.This agreement may be cancelled fifteen (15) days or more before the sale with a $50.00 administration fee payable.

This document contains the entire agreement between the parties and shall be binding upon them and their respective heirs, personal representatives and assigns. It shall not be modified unless agreed to by all parties and must be in writing. This agreement shall be interpreted according to the laws of the Province of Ontario in which the auction is held.

NOTE: ALL FRAME DAMAGE (BENT OR RUSTY), SALVAGE CARS OR WRITE-OFFS MUST BE DECLARED.

Reminder: Mail or Fax Copy of Ownership along with entry form.
                 Send photos of your car to info@ccpauctions.com for the website.
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