C H A R Y N A U C T I O N S

ABSENTEE BID FAX FORM

What this form is for:

Use this form to place an absentee bid for an upcoming auction if you can't make it in person. This form must be completely filled in and returned to Charyn Auctions by 9am the last business day prior to the auction. (Please consult the page for that particular auction for the particulars on what will be sold at auction to be sure that you submit your absentee bid in time for the appropriate auction.)

First Name:

Last Name:

Company Name:

Address:

City:

State:

Zip Code:

Country:

Day Time Phone Number:

Fax Number:

Email Address:

Charyn Auctions reserves the right to refuse any incomplete or late absentee bids.

Refundable deposit required.

Mailed deposits must arrive at Charyn Auctions no later than 9am the last business day prior to the auction. Your absentee bid will not be accepted for auction until Charyn Auctions has received a valid deposit.

Please check the appropriate box below to indicate how you will submit your deposit:

Credit Card

(Credit cards may not be used for deposit on vehicle purchases.)

Card type:

VISA MC DISCOVER

Card Number:

Expiration Date:

Name on Card:

Billing Street Address for card:

City:

State:

Zip:

When printing this form please add your signature:

Bank to Bank Wire Transfer
Wiring Instructions

Cashier's Check
Mailing Address

Check

(Must be guaranteed in writing by the issuing bank. Please include this guarantee letter with your mailed form and check.)
Mailing Address

Charyn Auctions reserves the right to refuse any incomplete or late absentee bids

Submittal of absentee bid does not guarantee a successful bid.

This absentee bid is for live auction only

I hereby submit the following absentee bid(s) for the auction:

Bid Dollar amount is per piece in the designated quantity

Lot #

Description

Qty

Max Bid/
lot in US$

Notes and Special Instructions:

By submitting this absentee bid to Charyn Auctions, the absentee bidder acknowledges and agrees to all terms and conditions discussed on this page and all terms and conditions concerning the purchase of assets at this auction.

Signature

Date

Absentee bid terms and conditions:

(1) If the buyer of auction merchandise is a professional reseller of this merchandise, buyer agrees that this property may be used for no purpose other than resale. Professional reseller hereby certifies that purchases are not subject to sales tax and that reseller shall fill out and submit a resale card to Charyn Auctions, which contains information that is truthful and accurate. (2) Cash, cashier's checks, Visa and Mastercard, Discover and wire transfer are accepted for payment. No personal or company checks accepted unless the bank of the bidder/buyer guarantees the payment of the check in writing. A deposit is required to bid at the auction. Bidders/Buyers must obtain the refund of their deposit prior to leaving the auction site. Under no circumstances will deposits be returned to bidders/buyers who make deposits in cash and who fail to obtain their cash refund before leaving the auction site. For absentee bids, as defined in paragraph nine (9), a twenty five percent (25%) deposit of the estimated selling price of the merchandise is required in advance of the auction. In all circumstances, the balance in full is due on the day of sale. Merchandise cannot be removed until the total amount owed is paid. (3) After being awarded the high bid for any lot, the buyer is required to maintain a deposit equal to twenty five percent (25%) of the purchase price of the lot. The buyer is in default and forfeits all merchandise, deposits and partial payments if they fail to maintain the twenty five percent deposit and pay the balance due at the end of the sale day. Charyn Auctions shall be entitled to retain all deposits and partial payments as liquidated damages with the right to resell the merchandise in a private sale, or at a future auction to the highest bidder without notice to the defaulting buyer. Any deficient balance resulting from such resale shall be paid to Charyn Auctions by the defaulting buyer together with all charges, attorney's fees, including a $300 administrative fee for each breach and a ten percent (10%) penalty per annum on unpaid balances. (4) All merchandise purchased by the buyer must be removed from the auction site by the buyer on the date specified on the invoice. However, it is the sole responsibility of the buyer to verify the correct date for merchandise removal. Under no circumstances shall merchandise be removed from the auction premises prior to the conclusion of the auction. Buyer indemnifies Charyn Auctions from any liability or responsibility for merchandise that is not removed by the buyer within the allocated period of time. Merchandise that is fully or partially paid for and not removed by the date specified by Charyn Auctions shall be considered abandoned. As a consequence, buyer forfeits all sums paid for merchandise and Charyn Auctions shall retain these sums with the right to conduct a future auction or private sale of the abandoned merchandise without notice to the buyer. If Charyn Auctions needs to move merchandise from the auction site, the buyer who abandoned it shall be assessed moving and storage charges and all charges described in paragraph three (3). (5) Charyn Auctions sells all merchandise, "AS IS" and "WHERE IS" with all faults unless the company expressly posts a written notice at the auction site to the contrary. Charyn Auctions makes no warranties as to the condition of any merchandise, or its fitness for any purpose. While descriptions are believed to be correct, Charyn Auctions and its merchandise consignors make no expressed or implied warranties and guarantees as to the description, origin, authenticity, age, fitness, condition, or working order of any merchandise sold at any auction. Bidders/Buyers agree they are not acquiring any intellectual property rights to any merchandise purchased at auction. It is the sole responsibility of buyers to ensure that they are in compliance with any use requirements of the manufacturer. It is the bidder's/buyer's sole responsibility to thoroughly inspect all merchandise before the auction, and once again prior to removing merchandise from the auction site. The inspection shall include, but not be limited to evaluating the merchandises' age, origin, fitness, authenticity, condition and working order. Bidders/buyers of motor vehicles agree that they have the sole responsibility for inspecting vehicle plates, tags, smog devices, engines, interiors and exteriors. Charyn Auctions shall be held harmless from, and not responsible for any fees or penalties due on vehicle registrations. Charyn Auctions and its merchandise consignors shall be held harmless and not liable for any discrepancies or inaccuracies contained in advertisements, brochures, catalogs and websites. BUYER UNDERSTANDS THAT ALL SALES ARE FINAL AND THAT REFUNDS AND RETURNS OF MERCHANDISE WILL NOT BE ALLOWED UNDER ANY CIRCUMSTANCES. (6) Bidders/Buyers agree to indemnify, defend and hold harmless the parties of Charyn Auctions, its merchandise consignors, and auction site property owners from any and all personal and property damages, claims, liabilities, injuries and causes of action, of any kind whatsoever that directly or indirectly relate to auction attendance, merchandise purchases, and/or removal. When removing merchandise, the buyer agrees to assume sole responsibility, liability, and expense to secure all permits, insurance and professional expertise in order to properly dismantle and move the merchandise from the auction site. Additionally, the buyer has the sole responsibility to ensure compliance with all government mandated safety requirements and regulations. Bidders/Buyers accept full responsibility and liability for breaching any provision of the sale terms. (7) A Buyer's Premium shall be added to all merchandise and sales tax shall be computed on the total. If a sales tax auditor of any governmental jurisdiction determines the buyer is not a bona fide reseller of auction merchandise, Charyn Auctions shall have the right to recover from the buyer any taxes and penalties due, in addition to accounting and attorney's fees. (8) Bidders/buyers agree that it is their sole responsibility to thoroughly inspect all merchandise before the auction, and once again prior to removing merchandise from the auction site. The inspection shall include, but not be limited to evaluating the merchandises' age, origin, fitness, authenticity, condition and working order. Charyn Auctions shall not be held liable or responsible in any way for bidders/buyers who fail to exercise their responsibility to thoroughly inspect merchandise before purchase and removal. Additionally, Buyers shall hold Charyn Auctions harmless and not liable for missing merchandise/parts, incorrect item counts, merchandise defects, merchandise that is not in working order, damage or loss of merchandise that may have occurred before or after the purchase or during delivery. After being awarded the high bid, the buyer assumes sole financial and legal responsibility for the merchandise, which includes, but is not limited to, any and all claims, liabilities and causes of action related to the merchandise, or its future use. Buyer understands that all sales are final and that refunds and returns of merchandise will not be allowed under any circumstances. (9) Charyn Auctions reserves the right to group one or more lots into lots of any configuration. The auctioneer reserves the right to reject any bid that is only fractionally above the preceding bid. Charyn Auctions has the right to bid on any lot on behalf of the company, or as a proxy for any other party. Absentee bidders/buyers understand and accept the risks of bidding and purchasing merchandise without being physically present at the auction and/or not having conducted a physical inspection of merchandise pursuant to paragraphs five (5) and eight (8) of the agreement. Absentee bidding/buying is defined by any bid/purchase made via computer, fax machine and telephone, or by any person acting on behalf of the absentee bidder/buyer. Absentee bidders/buyers release Charyn Auctions and its merchandise consignors from any and all liability and indemnifies them from any and all causes of action that directly or indirectly relate to absentee bidding/buying. Furthermore, bidders/buyers indemnify Charyn Auctions and merchandise consignors from any causes of action due to the failure of absentee bidders/buyers to conduct an on site inspection of the merchandise and to be physically present at the auction and for any failure to comply with any provision of this agreement. (10) Bidders/buyers agree the relationship between Charyn Auctions merchandise consignors, and bidders/buyers is that of separate entities. Bidders/buyers further agree that Charyn Auctions is acting strictly as the auctioneer for the consignor and is held harmless and not liable for the actions, representations, claims, liabilities, injuries and equipment title disputes of consignors, bidders/buyers, and their respective companies, employees and representatives. (11) All auctions are conducted pursuant to Section 2328 of the California Commercial Code and Section 535 of the California Penal Code and provisions of the California Auctioneer and Auction Licensing Act. This agreement shall be governed by and construed in accordance with and by the laws of the State of California. Venue for all claims shall be the Superior Court of the City and County of San Francisco. (12) In the event that legal recourse is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to reimbursement of court costs and reasonable attorney's fees. (13) If any provision of this agreement is held to be invalid by a court of competent jurisdiction, such invalidity shall not invalidate or render unenforceable the remaining provisions of the agreement. (14) A waiver of any provision in this agreement by Charyn Auctions shall not constitute a waiver of any other provisions of this agreement. (15) Charyn Auctions reserves the right to refuse admittance to any person and to expel any person from the auction premises for any reason the company deems reasonable. (16) This agreement constitutes the entire and sole agreement between the bidder/buyer and Charyn Auctions and shall supersede all prior written, oral and contemporaneous oral representations. This agreement may be modified only in writing, and must be duly signed by the parties.

By way of submitting my absentee bid, I hereby acknowledge Charyn Auctions terms and conditions and agree to be bound by them in order to submit a absentee bid at this auction.

Sending your absentee bid:

• If using an accepted credit card for your deposit:
Fill in the required information on this page, print and fax to 415.621.5182 before 9am the last business day before the auction date.

• If using a wire transfer for your deposit:
Fill in the required information on this page, print and fax to 415.621.5182 before 9am the last business day before the auction date. Allow extra time for the wire transfer because wire transactions can take up to 48 hours to clear both banks.
Wiring Instructions

• If using a cashier's check or check with issuing bank guarantee:
Fill in the required information on this page, print and enclose it with the check and guarantee letter when applicable, and mail or Fed Ex it to Charyn Auctions.
Mailing Address.
Items must arrive via US Post Office or Fed Ex by 9am the last business day before the auction date.

Bids do not include any applicable buyer's premiums and sales taxes. Please check the Auction Catalogue for the buyer's premium on this auction. These items will be included on your invoice if your bid(s) are successful.

Submittal of absentee bid does not guarantee a successful bid. This absentee bid is for live auction only.

Notification of successful bids will be made by the end of the day following the auction.