Terms of ONLINE ONLY AUCTIONS
Revised February 9, 2017
1. This is an online only auction conducted by Karin Costa Auctions, Reno, Nevada.
The items in this auction are located at the residence or business address, NOT the business address of Karin Costa Auctions. Buyers are to pick up items at the residence or business, NOT at Karin Costa Auctions.
2. NEW BIDDERS: Bidders who do not have an account with us must create an account by providing their Name, Address, Email Address and a valid credit card number to register for an auction. Bidders must create a unique Username and Password in order to bid at the auction. We DO NOT retain or have access to your credit card information, therefore, you will be called for credit card payment prior to pick up time.
You are ADVISED to create this account well in advance of the auction close.
Bidders will be given a spending limit. In order to increase this limit, you will be required to provide a letter of authorization from your bank in addition to providing references. Please contact our office at least 48 hours prior to the close to obtain permission.
3. ONLINE INTERNET BIDDING (Soft Close): Internet bidding progresses like a live auction with each lot closing in numeric order every 20 SECONDS. The time clock indicates the time left to bid on the lot is displayed. Any lot that receives a bid in the last minute of its close will remain open for an additional 1 MINUTE of online bidding. Bidding will stay open until there are no bids on the lot for 1 minute. Any lot not receiving bids in the last minute of close will close at the time indicated on the time clock for that lot.
WARNING: Auction participation through the internet bidding site is not guaranteed to respond without technical difficulties. The technology is under development and the operation of it and the corresponding internet connectivity issues are beyond our control. Depending on your computer, server, host, Acts of God and other factors, internet signals may be delayed so that your bids may not be received in time. We are not responsible for these technical difficulties, Acts of God, lack of placed bids in a timely manner, or any other factors leading to unaccepted bids. Bidders are ADVISED to have a backup plan or to place their maximum bid for lots they highly desire. We will not reopen lots for missed bids.
4. Bidding Increments: As posted per auction.
5. Maximum Bid: Bidders may set their maximum bid for any lot and let the computer bid in the bidding increments against other bids. For example, if you submit a maximum bid of $500 and the next highest competing bid is $250, then you win the bid at $275. Bidders may adjust their maximum bid upwards.
6. Bid Cancellation: If you wish to cancel or change a bid after placing a bid, you MUST call our office at 775-722-2776 Monday through Friday 8 am - 4 pm Pacific time to advise us. Bid cancellation through mail, email or text are not advised as errors can occur. WARNING: Our office is NOT open during auction closing, so we are not able to assist you at that time. If you bid during the auction close, your bid WILL NOT be retracted and you will be responsible for purchasing the item.
7. Bid Rejection/Decline Bidder Registration: We reserve the right to reject any bid we feel is not made in good faith. We reserve the right to decline registration to bidders who have failed to perform at prior auctions, we feel will not make bids in good faith, cannot perform under the Terms of the Auctions or Conditions for payment and pick up.
Placing a bid shall constitute the bidder's acceptance of the Terms of Auction and the Conditions for payment and pick up.
8. CONDITION: All items are sold AS IS, WHERE IS without warranty, guarantee, refund or return. All items are considered USED and item condition is not always noted. Conditions, when noted, are subjective and opinion of condition may differ for each person or collector. We recommend that you attend the live preview to inspect items to your own satisfaction. No bid will be set aside or transaction cancelled for buyer's failure to inspect a lot.
Large lots may not be itemized, all contents inspected during cataloging or all contents photographed in part or as a whole due to set up and catalog restraints. Items are set up, displayed, cataloged and photographed at the residence or business location under the lighting, physical space and location restraints given the sale and object. Therefore, items are not photographed under professional photography studio conditions. We advise bidders to attend the live preview to inspect items to their own satisfaction.
9. Buyer's Premium: There is a 15% Buyer's Premium added to each lot, unless stated otherwise in the auction listing. For example, a bid of $100 adds $15 for a total price for the lot of $115. There is a 3% discount for cash (approved checks pay full BP).
10. Sales Tax: Sales tax will apply, according to state law, for any items that are picked up in Nevada, unless a current, valid resale certificate is provided to us at 775-722-2776 for each auction.
11. Invoicing: Invoices are emailed within 1 business day after the close of all portions of the sale. Payment is due in full to Karin Costa Auctions, 60 Horseshoe Circle, Reno, Nevada 89508, 775-722-2776 by 4 pm on the day prior to scheduled pick up by calling us with your credit card number or by bringing cash to our office. Appointments are required for cash payments. WE DO NOT RETAIN THE CREDIT CARD INFO YOU REGISTER WITH and DO NOT HAVE THE ABILITY TO CHARGE THAT CARD. YOU must call us with credit card payment.
Invoices will be emailed to the email address you provide in your registration account. We are not responsible for your typing errors which result in inaccurate typing of your registration information. We are not responsible to technical issues with the internet software which may block transmission of your invoice. We advise you check your spam, social and promotions folder when you expect an invoice from us. Further, we advise that you have an auction only email account in gmail, yahoo or hotmail to receive auction notices from us.
The computer system automatically sends your invoice to the email address you provided. It is not our fault if you do not receive an invoice and pick up information and therefore default on the auction terms. Defaulting buyers will be banned from future sales and placed on AuctionFlex notice of non-performing buyers.
12. Payment: We accept Visa, Master Card, Discover, American Express and cash. Payment is due by 4 pm on the day prior to the scheduled auction pick up day and time. Buyers failing to contact our office with payment will forfeit their purchase and be banned from future online and live auctions conducted by Karin Costa Auctions.
13. Pick UP: All items are located at the seller's residence or business, therefore, purchases will not be available for pick up at any time other than posted for the auction. Location for pick up is posted at the bottom of your invoice. Items paid for but not picked up during the scheduled time will be forfeit without recourse or refund, and subject to sale to the back-up buyer at the back up bid, sale to other buyers or retention by the seller.
Pick up is between the hours posted for auction pick up. Doors close within 15 minutes after the posted closing time. Bidders not arriving prior to closing time will have their transaction voided, the items offered to other buyers and the bidder declined for future bidding at our auctions. We recommend that you bring enough able people to help you load your items; we do not carry items for you. Further, we recommend that you stage your purchases outside if driveway and sidewalk traffic is occupied. Persons needing more time to remove items from the buildings will be assessed $50 per hour, with a minimum of $50 assessed, to extend the pick up time.
Further, bidder is advised that pick up occurring in residential and business locations may not be ADA accessible, may have lighting and construction hazards, and other hazards, allergy causing odors, heating and ventilation issues, stairs and steps. Karin Costa Auctions does not guarantee building code compliance of the property. Bidders are entering at their own risk. Further, any damage to the residence or building caused by the bidder, their help or third parties hired by bidder may be cause for a claim against the bidder by the homeowner, landlord, or other real property title holder.
In addition, bidders are advised to adhere to all local parking regulations since Karin Costa Auctions is not responsible for any traffic, parking or loading violations. Further, Karin Costa Auctions is not responsible for any damage caused by bidder to adjoining real property.
Bidders will be assisted by Karin Costa Auction's staff in locating lots won. Bidders are not to interfere with lot contents of lots won by others or which did not sell.
14. Bidders are advised to bid on lots during the online auction. Karin Costa Auction does not guarantee that lots in the auction which did not receive bids will be available for purchase after the auction.
15. Shipping: The buyer is solely responsible for arranging and paying for shipment packing, packaging materials, labor, handling and shipping costs. We STRONGLY ADVISE that bidders investigate shippers prior to bidding. A $5 per lot handling fee will be assessed by Costa Auctions for organizing small items for shipment pick up by shipper; large items will remain in the residence or business where the shipper will have to remove. A $25 per trip (auction sites within 30 miles one way) or $.55/mile round trip (auction sites more than 30 miles one way) fee will be assessed for return trips to auction sites to open premises for shipping companies. In addition, $15 per each 15 minute interval wait time will be assessed for each 15 minutes we wait for the arrival of your shipper to be calculated beginning at 15 minutes after scheduled arrival time. Further, $50 per hour will be assessed for shippers, third parties and bidders requiring more than 1 hour to pack and load items. No items will be shipped unless the invoice is paid in full.
Costa Auctions DOES NOT pack or ship items. Loose items of small size and non-breakable type MAY be transported by Costa Auctions at Costa Auctions discretion to US mail or shipping outlets where the items will be packaged, shipped and insured at the bidder's expense. Bidder's not paying for the packing or shipping directly to the shipper will be liable for any claims made by the shipper. We are not liable to bidder for refund or return of auction items left with a shipper for which the shipper has not been paid for services. Any claims are between the shipper and bidder.
Not all residences or businesses are available for pick up dates beyond the scheduled pick up date due to real estate sale closings, rental expiration, or other circumstances. DO NOT bid if you cannot pick up on the scheduled date or have not inquired about other available pick up dates.
16. Non-Payment: Costa Auctions reserves the right to cancel any invoice that is not paid by 4 pm on the day before auction pick-up or is not paid by the closing time posted for auction pick up. A cancelled invoice does not relieve the bidder from their obligation to pay seller fees and buyer's premium to compensate Costa Auctions for its services in conducting the auction.
Costa Auctions may sell the lot(s) securing the invoice to any underbidders in the auction. A defaulting bidder agrees to pay for the reasonable costs of resale, including a 35% selling commission. The defaulting bidder is liable to pay any difference between his or her total original invoice for the lot(s). If Karin Costa Auctions refers any invoice to an attorney for collection, the bidder agrees to pay attorney's fees, court costs, and other collection costs incurred by Karin Costa Auctions. Any bidder who fails to follow the terms of payment will be reported to AuctionFlex and HiBid and will be barred from participating in future Karin Costa Auctions.
17. We do not REFUND purchases. We have attempted to describe the items and their condition accurately. If no condition is given, assume AVERAGE on a scale of mint, near mint, excellent, average, fair, poor.
When you place a bid, we assume that you have read the Terms of Auction, the Description in the catalog, viewed the image(s) of the item(s), have contacted us regarding questions you may have on any lot and/or previewed the lot in person. Therefore, returns are only accepted if prior approval is given by Costa Auctions.
18. Costa Auctions shall not be responsible for any problem due to the bidder's failure to follow the rules, terms and conditions of the sale, or any failure to bid due to loss of the online auction provided by any of the online auction networks or website hosts; or any missed bids, changed bids or cancelled bids due to the bidder's failure to follow the proper bidding procedure outlined herein.
19. By placing a bid or otherwise participating in the auction, bidder accepts these Terms and Conditions, and specifically agrees to the dispute resolution provided herein. Costa Auctions is not responsible for consequential damages, incidental damages, compensatory damages or any other damages arising or claiming to arise from the auction on any lot. Sole remedy for any proven act or omission shall be recission of sale and refund of the amount paid by bidder.
20. Any claim, dispute or controversy in connection with, relating to or arising out of the Auction, participation in the Auction, award of lots, damages of claims to lots, descriptions, condition reports, provenance, estimates, return and warranty rights, any interpretation of these Terms and Conditions, any alleged verbal modification of these Terms and Conditions and/or any purported settlement shall be exclusively heard by and the parties consent to exclusive in person in the jurisdiction of the Superior Court of Washoe County, Nevada. The parties expressly waive any right to trial by jury. Any claim must be brought within 45 days of the auction from which the claim arose or the claim is waived. In every case, the prevailing party shall be entitled to an award of its attorney's fees and costs.
21. There is no smoking beyond the curb. No children under age 16 are allowed on site. Any tools, equipment, shoes, trucks, trailers, cars or the improper use of these items or failure to use such tool or equipment to move purchases that mar, damage or otherwise leave the site in a condition other than as seller presented it for sale will result in buyer or buyer's help being assessed for damage by the seller. All packing materials, loose objects and items purchased must be under control of the buyer. Garbage, broken objects and objects dropped during transport to vehicle must be cleaned up by buyer.
Buyers found to have mingled their purchase with other lots during pick up will be banned from future auctions.
22. Collusion with another bidder to suppress bids is a federal offense with fines of $5000,000 or more. Bidders discovered to have colluded will be turned over to federal authorities.