General Terms and Conditions of Sale
The property in the sale will be offered for sale by Elliott Auctions LLC ("Auctioneer”) on behalf of the owners of the property, referred to as the “seller,” and will be governed by the terms and conditions set forth herein (the “Agreement”). Auctioneer is the agent of the seller.
1. Bidder’s Registration. All persons who wish to bid in the auction must register and obtain a unique bidder number. To register, you must provide all of the registration information requested, sign the Agreement, and submit the form to the Auctioneer. All bidders must be 18 years of age or older and completely provide the information requested. Auctioneer reserves the right to refuse to register or permit any person to bid at its sole discretion. Bidder may register for the auction by phone, email, or internet. In connection with such registration, Bidder will be required to provide a credit card number (Visa, Master Card, American Express, or Discover) for verification of an intent to bid. Please follow the instructions carefully to make sure that the registration process is complete and accepted. Invoices and correspondence relating to purchases will be sent in according to the information on the bidder’s registration.
2.Registration Confirmation. Bidder will be e-mailed registration approval upon successful completion of the registration process. Registration for internet bidding closes twenty four (24) hours prior to the auction. Bidder should register as early as possible to obtain information about the property and increase the likelihood of being notified of any pertinent changes that take place prior to the auction. The bid number, authorization, and login information given to Bidder upon successfully registering to bid shall only be used by Bidder during the auction to bid on the property. The registration is not transferable or assignable. No one else may register for Bidder or participate on Bidder’s behalf.
3. Buyer’s Premium. A buyer’s premium will be charged in this sale. The buyer’s premium is an advertised percentage of the high bid or flat fee added to the high bid to determine the total contract price to be paid by Bidder. For example, if the winning bid is $100 and there is a ten percent (10%) buyer’s premium, the premium will be $10.00, for a total bid of $110.00. This amount does not include any taxes that may also be due. For those attending a live Auction in person, there is a 10% buyer’s premium. For those participating in the Auction via the internet there is a 15% buyer’s premium. The buyer’s premium will be paid by all bidders attending the auction, no exceptions. The buyer’s premium does not create any agency relationship between Bidder and Auctioneer. Auctioneer is the agent of the seller only. They’re shall also be a convenience fee of 4.1% charged for all bidders not paying with cash or check, the convenience fee is calculated on the hammer price, buyers premium, and any shipping charges that may be incurred.
4. Stop Payment/Insufficient Funds. Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order of a check, or giving a check which is returned marked “insufficient funds,” shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
5. Acceptance of Terms. A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
6. Representations and Warranties. All representations and/or warranties made, if any, are between Bidder and Seller. Auctioneer shall not be held responsible for the correctness of any representations and/or warranties of any kind with respect to the property. Auctioneer shall not be held responsible for any representations and/or genuineness of description of any property. UNLESS OTHERWISE EXPRESSLY NOTED BY AUCTIONEER, ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” – THERE ARE NO EXPRESS OF IMPLIED WARRANTIES (INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ON THE LOT OR LOTS. ANY AND ALL WARRANTIES (UNLESS EXPRESSLY NOTED OTHERWISE) ARE DISCLAIMED AND WAIVED BY BIDDER.
7. Reserve Auctions. Unless explicitly stated otherwise by Auctioneer, each lot is being sold with reserve as a reserve auction. This paragraph is applicable to all reserve auctions. Auctioneer and seller reserve the right to withdraw any property before and during the sale of such property. The seller reserves the right to reject any and all bids for any reason. The reserve price may not be disclosed. All bids must be raised in reasonable increments and Auctioneer, at its sole and complete discretion, may reject a nominal bid advance. Auctioneer reserves the right to place a bid on any lot on Auctioneer’s own behalf.
8. Without Reserve Auctions. This paragraph only applies to lots sold without reserve, otherwise known as an absolute auction. Auctioneer and the seller reserve the right to and may withdraw any property or cancel the sale at any time prior to calling for bids at the beginning of the auction. After Auctioneer has started calling for bids, the property may be withdrawn if there are no bids within a reasonable period of time. Once a bid has been made for the property, it may not be withdrawn.
9. Jurisdiction. The website is administered by Auctioneer from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. Auctioneer will not accept bids from individuals who reside outside of the United State of America and its territories. If you access the website from a location outside of the United States of America and its territories, Bidder consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws. Auctioneer reserves the right to deny any person for any reason permission or access to bid online.
10. Notification. The successful Bidder will be notified by telephone, internet notice, and/or email within two (2) business days after the auction closes.
11.Breach of Contract. If this Agreement, or any terms and conditions announced by Auctioneer, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Bidder liable for the bid price, Auctioneer and seller may: (1) publicly or privately resell the property, with the non-complying Bidder being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Bidder. Auctioneer's commissions, all incidental damages, expenses, court costs, costs of collection, including attorneys' fees, will be charged to and be the responsibility of the non-complying Bidder.
12. Memorandum of Sale. Bidder authorizes Auctioneer to execute any memorandum of sale on behalf of and in the name of Bidder, or in Auctioneer’s own name, in connection with the purchase of any lot, in accordance with Bidder’s bid.
13. Auctioneer Liability. Auctioneer acts solely as an agent for seller and is not a party to any contract for the sale of any property offered by the seller for sale and/or sold at this auction. IN NO EVENT SHALL AUCTIONEER BE LIABLE TO BIDDER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. AUCTIONEER’S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO AUCTIONEER, REGARDLESS OF WHETHER BIDDER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
14. Sale of Lots. All sales are to be per lot, unless otherwise mentioned by the Auctioneer. Auctioneer reserves the right to include in the auction any lot and the right to withdrawal any lot prior to calling for bids at the beginning of the auction. Auctioneer may combine, subdivide, regroup or reorganize any lots.
15. Limitation of liability . EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD AS IS. NEITHER ELLIOTT AUCTIONS LLC NOR THE CONSIGNOR MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS OF ANY ITEM. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL ELLIOTT AUCTIONS LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
16.Shipping will done in house by professionals with 5+ years of experience. We use brand new boxes, foam wrap, bubble wrap, packing peanuts and other materials that are necessary in getting your items to you in the same condition that they were presented in the photos. We pack as quickly as possible but some items require more care than others. We use a web based shipping solution called shipping saint that allows us to offer commercial shipping rates while at the same time keeping track of the time that is spent and the rest of the materials so that we can accurately charge you. From this point forward, you will receive an invoice immediately following the sale with the hammer price and 15% buyers premium (plus 4.1% if using a card). Once payment has been received, we will begin packing your order and a separate invoice will come for the shipping charges.
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