BUILDER PARTICIPATION & AUCTION AGREEMENT

This Builder Participation & Auction Agreement (“Agreement”) is entered into between:

Appalachian Outlaw Diecast (“Auction House”)

and

Custom Builder

 

1. PURPOSE

This Agreement establishes the terms under which the Builder may submit custom diecast vehicles (“Builds”) to Appalachian Outlaw Diecast for consideration, promotion, and potential sale through an Appalachian Outlaw Diecast auction.

The purpose of Appalachian Outlaw Diecast is to showcase unique, custom-built diecast collectibles and connect independent builders with collectors seeking distinctive, limited, and one-of-a-kind pieces.

 

2. BUILDER OWNERSHIP & AUTHORITY

The Builder represents and warrants that:

  1. The Builder is the lawful owner of each Build submitted for auction or has full authority to consign the Build for sale.

  2. The Build is not stolen, counterfeit, or knowingly obtained through unlawful means.

  3. The Builder has the right to sell the Build.

  4. The Builder will disclose any known material defects, damage, repairs, or significant modifications that may affect the value of the Build.

  5. The Builder will provide accurate information about the Build to the best of their knowledge.

 

3. SUBMISSION OF BUILDS

The Builder may submit Builds for consideration by providing Appalachian Outlaw Diecast with photographs and relevant information, including, when applicable:

  • Original diecast casting or base vehicle

  • Custom paint work

  • Wheel swaps

  • Interior modifications

  • Engine or exterior detailing

  • Number of pieces produced

  • Build date

  • Builder name or builder identification

  • Known defects or imperfections

  • Any special history or story associated with the Build

Appalachian Outlaw Diecast reserves the right to accept or decline any Build for auction.

Submission of a Build does not guarantee that the Build will be accepted or sold.

4. ONE-OF-ONE REPRESENTATION

A Build may be promoted as a “1 of 1” or “One of One” only when Appalachian Outlaw Diecast and the Builder reasonably determine that the specific completed custom is unique and that no identical duplicate of the same completed Build is being represented as another 1-of-1.

The Builder agrees not to knowingly create or sell an identical duplicate while representing the original Build as the only existing example.

Minor differences between separately hand-built customs do not automatically prevent a Build from being considered unique; however, the Builder must accurately disclose if substantially identical Builds exist.

Appalachian Outlaw Diecast may use terms such as “1 of 1,” “One of One,” “Limited,” or “Numbered” only when the designation is accurate and supported by the Build's documentation.

One-of-one declaration

By submitting diecast, I declare that:

  • This build is a true one-of-one (1-of-1).I have not produced, and will not produce, an identical duplicate of this exact build (same casting, same paint scheme, same decals/tampos, same wheel/tire setup, and same defining details).

  • To the best of my knowledge, no identical copy of this exact buildis currently offered for sale or has been previously sold by me.

  • If I later discover an identical duplicate exists (by me or through an error in my records), I will notify Appalachian Outlaw Diecast within 48 hours.

  • I understand that Registry Number issuance is conditional and may be withheld or revoked if this declaration is found to be false or materially misleading.

Acknowledgement of similarity checks

I understand that Appalachian Outlaw Diecast may perform an optional web/social similarity check. I acknowledge that:

  • Similar themes may exist publicly.

  • A similarity check is a best-effort review and not a guarantee of global uniqueness.

 

5. CERTIFICATE OF AUTHENTICITY

 Appalachian Outlaw Diecast WILL issue a Certificate of Authenticity (“COA”) with a every Build sold.

The COA may include:

  • Appalachian Outlaw Diecast identification

  • Build identification number

  • Builder name or builder identification

  • Build name

  • Base casting information

  • Date of creation or completion

  • Auction or sale information

  • One-of-one or numbered status

  • Other identifying information

The COA is intended to document the identity and history of the specific collectible.

The COA does not guarantee future monetary value, investment appreciation, or authenticity of any item beyond the information represented by Appalachian Outlaw Diecast and the Builder.

 

6. BUILDER IDENTIFICATION & TRACEABILITY

The Builder agrees to provide accurate information necessary to establish a record of the Build.

Appalachian Outlaw Diecast may maintain internal records connecting the Build to:

  • Builder

  • Build number

  • COA number

  • Auction date

  • Sale date

  • Winning buyer

  • Other relevant identifying information

This information may be used to establish provenance and traceability.

Personal information of buyers and builders will not be publicly disclosed except as permitted by law or with appropriate permission.

 

7. AUCTION & SALES PROCESS

Appalachian Outlaw Diecast may determine:

  • Auction date

  • Auction platform

  • Auction format

  • Starting bid

  • Promotional strategy

  • Listing description

  • Photography and marketing presentation

  • Order in which Builds are presented

The Builder may provide suggested information regarding the Build, but Appalachian Outlaw Diecast may edit promotional descriptions for clarity, accuracy, and consistency.

The final auction price is determined by the auction process and applicable platform rules.

 

8. BUILDER COMPENSATION

For each Build sold through Appalachian Outlaw Diecast, the Builder shall receive:

Builder Share between 70 and 80% of the Net Sale Proceeds depending on class your diecast is sold in

“Net Sale Proceeds” means the amount actually received by Appalachian Outlaw Diecast from the sale, Auction House and buyer pays all the following

  • Platform selling fees

  • Payment processing fees

  • Shipping costs to buyer paid 

  • Refunds or chargebacks

  • Taxes collected and remitted

Unless otherwise agreed in writing, the Builder will be paid within ___3___ business days after Appalachian Outlaw Diecast receives cleared funds and the applicable return or dispute period has expired.

 

9. UNSOLD BUILDS

If a Build does not sell, the Builder and Appalachian Outlaw Diecast may agree to:

  • Return the Build to the Builder

  • Relist the Build

  • Include the Build in a future auction

  • Adjust the starting bid

  • Offer the Build through another approved sales method

No Build will be permanently transferred to Appalachian Outlaw Diecast solely because it did not sell unless otherwise agreed in writing.

 

10. CUSTODY & RISK OF LOSS

Once a Build is delivered to Appalachian Outlaw Diecast, Appalachian Outlaw Diecast will exercise reasonable care in handling and storing the Build.

Risk of loss or damage while the Build is in Appalachian Outlaw Diecast's possession shall be handled as follows:

If a Build is damaged, lost, or destroyed while in Appalachian Outlaw Diecast's possession, the Parties will work in good faith to determine an appropriate resolution based on the circumstances and any applicable insurance coverage. Auction House will pay your minimum asking bid for your diecast plus shipping

 

11. PROMOTIONAL RIGHTS

The Builder grants Appalachian Outlaw Diecast a non-exclusive, royalty-free right to photograph, display, advertise, and promote the Build for purposes related to the auction, Appalachian Outlaw Diecast, and the sale of the Build.

Appalachian Outlaw Diecast may use photographs and information provided by the Builder in social media, websites, advertisements, auction listings, and promotional materials.

The Builder retains ownership of their own intellectual property except for rights expressly granted under this Agreement.

 

12. BRANDING & INTELLECTUAL PROPERTY

The Builder represents that they will not knowingly provide counterfeit products or unauthorized branded materials in a manner that violates applicable law.

The Builder understands that Appalachian Outlaw Diecast may not be affiliated with, sponsored by, or endorsed by the manufacturer of the original diecast casting unless expressly stated.

The Parties agree to accurately describe custom Builds and avoid misleading buyers regarding manufacturer affiliation or endorsement.

 

13. CONDITION & DISCLOSURE

The Builder agrees to disclose known material defects or issues.

Custom diecast vehicles are handmade collectibles and may contain minor imperfections associated with custom work.

Appalachian Outlaw Diecast may disclose known imperfections to prospective buyers.

 

14. CANCELLATION OR WITHDRAWAL

The Builder may request withdrawal of a Build before the Build is listed for auction.

Once a Build has been publicly listed or committed to a scheduled auction, withdrawal may require Appalachian Outlaw Diecast's approval.

If the Build has already been sold, the Builder agrees not to cancel the transaction except for a legitimate reason approved by Appalachian Outlaw Diecast.

 

15. NO GUARANTEE OF SALE PRICE

The Builder understands that Appalachian Outlaw Diecast does not guarantee a minimum sale price unless a reserve price has been agreed upon in writing.

The Builder acknowledges that auction results depend on collector interest, demand, timing, platform activity, and other factors outside Appalachian Outlaw Diecast's control.

 

16. DISPUTES

The Parties agree to first attempt to resolve any dispute through good-faith communication.

If the dispute cannot be resolved informally, the Parties may pursue any remedies available under applicable law.

This Agreement shall be governed by the laws of the State of Tennessee, unless otherwise required by applicable law.

 

17. ENTIRE AGREEMENT

This Agreement represents the understanding between the Parties regarding Builder participation in Appalachian Outlaw Diecast auctions and supersedes prior verbal or written discussions concerning the same subject matter.

Any modification to this Agreement should be made in writing and agreed to by both Parties.

By shipping any diecast to Appalachian Outlaw Diecast Auction House, You agree to all the above