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[Landing] Conditions of Sale Solely for CLUTCH Lamborghini Reventón Roadster Auction

Conditions of Sale Solely for CLUTCH Lamborghini Reventón Roadster Auction

• Automobile Auctions — Additional Conditions. These additional conditions apply to any lot that is an automobile or other motor vehicle (each a “Vehicle”). Except as modified in this section, all other Conditions apply to Vehicles. If this section conflicts with any other part of the Conditions of Sale For Online Auctions and Sales, this section governs with respect to Vehicles.


a. Joopiter’s Role. Most of the time, the Seller is the owner of the lot. Joopiter includes a TRIANGLE symbol ∆ in the lot description indicating that Joopiter or one of its principals is the owner of the lot or has an ownership interest in the lot. For this sale of automobiles (each a “Vehicle”), Joopiter is providing auction and related services to, and working with, Curated Investments, LLC (“We Are Curated”), a regulated automobile dealership that will facilitate and document the sale of the Vehicle (including, but not limited to, the transfer of title to the Vehicle) by the Seller to the Buyer.


b. Condition: “As Is.”. Vehicles are sold “as is. ” Joopiter makes no guarantees or representations with respect to the vehicle but We Are Curated guarantees that the vehicle will be sold to you free of any liens or encumbrances, and will, among other things, fully document the transfer of title to the Vehicle. We Are Curated will also warrant the vehicle to be free of any liens or encumbrances, but otherwise sells the Vehicle “where is/as is” with no warranties, express or implied. Buyers are solely responsible for the Buyers own diligence before bidding on any Lot and the Buyer is solely relying upon the Buyers own inspection of the Vehicle, and neither Joopiter nor We Are Curated makes any representations or warranties regarding the Vehicle (including whether any Vehicle satisfies any emissions standards, can be exported to any jurisdiction, or otherwise regarding the mechanical or cosmetic quality or condition, history, authenticity, originality, safety, or roadworthiness of any Vehicle. Buyer has not relied on any Joopiter description, inspection, or condition report for the Vehicle and shall not be entitled to rely on any oral statement made by anyone regarding the Vehicle, including by Joopiter, We Are Curated, or any of their agents.


c. Note for New York Residents. If the Vehicle is classified as a used motor vehicle, We Are Curated certifies that the entire vehicle is in condition and repair to render, under normal use, satisfactory and adequate service upon the public highway at the time of delivery.


d. Disclaimer of Warranties. EXCEPT AS EXPLICITLY SET FORTH ABOVE, JOOPITER AND WE ARE CURATED DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BUYER AGREES THAT EACH VEHICLE IS SOLD “AS IS” AND IN THE CONDITION THAT IT IS IN AT THE TIME OF THE AUCTION. NEITHER JOOPITER, WE ARE CURATED, NOR THE SELLER MAKES ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY OF IMAGES, DESCRIPTIONS OF THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, COLOR, IMPORTANCE, OR HISTORICAL RELEVANCE OF ANY VEHICLE, OR ITS ORIGINALITY, AUTHENTICITY; ORIGIN, PROVENANCE; PREVIOUS USE OR OWNERSHIP, MANUFACTURING,  RESTORATION PROCESSES (IF ANY), YEAR OR AGE, SERIAL NUMBER, MAKE, MODEL, OPTIONS, ENGINE HOURS, MILEAGE OR ANY OTHER LOT, OR COMPONENT OF ANY VEHICLE. 


e. No Reliance on Statements. No statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, online, or elsewhere, can be relied on by you or others to be a warranty, representation, or shall give rise to the liability of Joopiter or We Are Curated. Images, descriptions, and condition reports are not meant to be complete or a substitute for assessing the condition of the Vehicle yourself or through an agent you may engage; they are for guidance only. Nothing in any written or oral descriptions of a Vehicle constitutes a representation of fact; they represent the opinions held by the Seller, We Are Curated, and Joopiter based on the information that each has.


f. Buyer’s Responsibility. Joopiter has no obligation or responsibility, and does not assume any obligation or responsibility, to undertake an inspection of any Vehicle prior to the Auction. Buyers are solely responsible for inspecting the Vehicles prior to bidding (regardless of whether Joopiter or We Are Curated conducts its own inspection of the Vehicle) and satisfying themselves as to the condition of the Lots and all other matters relating to the Vehicles, including condition, importance, value, quality, authenticity, description (including the published Vehicle description), provenance and whether or not any Lot complies with any applicable federal, state or other laws or regulations of any kind, and to identify any repairs, restoration or replacement parts that may be required. Neither Joopiter, We Are Curated, nor the Seller claims or possesses any peculiar knowledge or experience in assessing such matters and may not have access to any or all of the relevant information. Neither Joopiter nor We Are Curated assumes any obligation or responsibility to undertake a level of inspection necessary to obtain or verify such information, including any published description of the Vehicle or other description or statement concerning the Vehicle.


g. Collection of Vehicle. Unless otherwise agreed to in writing with Joopiter, Buyers must arrange for the Vehicle to be released to them by We Are Curated or delivered to them via arrangements to be agreed with We Are Curated at their expense, as arranged with We Are Curated within 30 days of the Auction and/or non-auction sale. Joopiter’s, We Are Curated’s, and the Seller’s liability for loss or damage to the Vehicle shall cease upon the earlier of (i) 30 calendar days after the close of the auction or (ii) the release of the Vehicle to you or a designated agent nominated by you and agreed to, and verified by, Joopiter in its sole discretion. If you do not collect any lot within 30 days following the auction, each lot not removed from our premises will be subject to storage fees. 


h. Exports and Permits. It is the Buyer’s sole responsibility to identify and obtain any necessary export, import, or other permit for the Vehicle. Any information in the Vehicle description reflects Joopiter’s reasonable opinion at the time of publication and are for Buyers’ general guidance only. Joopiter and the Seller make no representations or warranties as to whether any Vehicle is or is not subject to export or import restrictions or any embargoes.


i. Buyer’s Indemnity. THE BUYER HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JOOPITER, WE ARE CURATED, AND THE SELLER AGAINST ANY CLAIMS, DAMAGES, LOSSES, OR ASSESSMENTS BY ANY COUNTRY, STATE, COUNTY, CITY, OR OTHER GOVERNMENTAL AGENCY FOR ANY FAILURE TO REGISTER A MOTOR CAR LOT, FOR ANY UNPAID SALES OR USE TAXES, AND FOR ANY UNPAID DOCUMENTATION AND LICENSING FEES (INCLUDING ANY INTEREST AND PENALTIES THAT MAY ACCRUE OR BE ASSESSED THEREON) ARISING FROM OR RELATED TO THE SALE OF A VEHICLE TO THE BUYER.