Auction Terms & Conditions
Conditions of Auction/Sale Effective March 19, 2013
Karin A. Costa, Auctioneer/Certified Estate Broker, as Agent.
The property listed in this catalog or on the sales floor will be offered and sold by Karin A. Costa, Auctioneer, as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be cound by these Conditions of Auction/Sale.
BEFORE THE SALE
Prospective buyers are strongly advised to personally, or to secure an independent agent, examine any property in which they are interested before the auction takes place. Condition reports and opinions of auctioneer are not available. All lots are sold "AS IS, Where IS" and without recourse, and neither Karin A. Costa nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantbility, fitness for purpose, correctness of catalog, or other description of physical conditions, size, quality, rarity, importance, medium, material, genuineness, attirubtion, provenance, period, culture, source, origin, exhibition, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalog, or in supplements to the catalog, an advertisement, a bill of sale, a saleroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representations or assumption of liability. Karin A. Costa, Auctioneer, and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Karin A. Costa, Auctioneer, expressly reserves the right to reproduce any image of the lots sold in the catalog.
AT THE SALE
PRIVATE PROPERTY NOTICE. No smoking beyond the curb. Food and beverages, other than water, must be outdoors. Take your trash with you. NO children under age 15. If you damage, soil, stain, create loss or theft of private property, real or personal property, of the homeowner, homeowner retains all rights to seek remedy directly from person(s) causing such damage, loss or theft.
DISCLAIMERS. All items are sold "As Is, Where Is" with all faults and without recourse. No allowance will be made, sale voided or refund given on account of any incorrectness, error in cataloging, change in lot contents, any imperfections not noted, the loss, theft or damage to or the failure to remove any lot.
CLERK Records shall prevail in any dispute over a lot , its sale price or bidder number recorded.
WARRANTIES/GUARANTEES. The Auctioneer and employees of Karin A. Costa make no express or implied warranties or guarantees of any type. Auctioneer does not provide security to buyer for any property purchased.
ADVERTISING DISCREPANCIES. The Auctioneer and employees of Karin A. Costa will not be responsible for advertising discrepancies of any type or deletion of items from the sale.
RISK. Persons attending the exhibition, auction and removal of items assume all risk of damage or loss to person and property and specifically release Karin A. Costa and her employees from liability thereof. Karin A. Costa and her employees shall not be liable for any defect in condition of the premises on which the sale is held. Seller retains all rights to pursue legal or financial remedies for loss, damage to or theft of real or personal property.
REFUSAL OF ADMISSION. Auctioneer reserves the right to refuse to register any prospective bidder for any reason, and to require the removal of any person from the auction site for any reason including, but not limited to: A. tampering with auction lots; B. any illegaly conduct including collusive bidding or stealing; C. disruptive behavior; D. failure to abide by these terms; and E. intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auctioneer or employee. Any act of theft, vandalism, collusive bidding, or disruption will be prosecuted to the fullest extent of the Law. Bid rigging is a very serious Federal Crime. Title 15, Section 1 of the U.S. Code provides any agreement among potential bidders not to bid against one another, or otherwise dampen the bidding process, is a felony under Federal Law. The Law provides for a Fine of $100,000,000 for a corporation or $1,000,000 for a person, plus imprisonment for up to 10 years.
REGISTRATION BEFORE BIDDING. A prospective buyer must complete and sign a registration form and provide valid photo identification before bidding. We require credit card information for all Internet, written and telephone bidders, and may require bank or financial references. Auction staff and Auctioneer may bid on items on their own behalf and ientify themselves as bidding.
BIDDING AS PRINCIPAL. When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with Karin A. Costa, Auctioneer, before commencement of the sale that the bidder is acting on behalf of an identified third party acceptable to Karin A. Costa, Auctioneer, and that Karin A. Costa will only look to the principlay for payment.
RESERVE: All auctions are with reserve unless advertised as unreserved. Per the Nevada and California UCC, a reasonable opening bid is requred for each lot or it will be passed. The auctioneer, on the seller's behalf, may execute the reasonable opening bid. Not all lots in the catalog have been given a starting bid; some are automatically given the software minimum bid; however, the auction minimum bid may be lower than a reasonable opening bid, and the auctioneer shall execute an opening bid in her discretion which may be higher than the software minimum bid.
ABSENTEE BIDS. We will use reasonable efforts to carry out Internet and written absentee bids given to us prior to the auction day for the convenience of clients who ar not present at the auciton in person, b an agent or by phone (when service is available). Bids are in US dollars. No bids will be accepted on auctoin day.
We will not execute an absentee bid for less than $25, even on lots with low pre-sale estimate or opening bid less than $25 that has been forced by auction software. If we receive absentee bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, the lot will be sold to the person whose absentee bid was received and accepted first. Execution of Internet or written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a bid or for errors and omissions in connection with an absentee bid.
All Internet, written and telephone bidders will be contacted b phone prior to auction day to provide valid credit card information for file prior to executing any bid. Winning absentee bidders will be charged for total purchase, including fees, on auction day. Failure to pick-up purchases at designated ttime will result in an additional charge to bidder's credit card of $25 per lot.
INTERNET/WRITTEN BID STRATEGY: Absentee bidders who enter matching minimum and maximum bids on a lot have a great liklihood that they will be out bid on the Internet or the Floor. The highest absentee bid in consecutive order, but not the maximum absentee bid of any bidder unless the software has forced his bid to the maximum, will be the opening floor bid. Absentee bids will be integrated with floor bids until no more bids are received. Bidders will never pay more tha their maximum bid, but only 1 more bid than the last highest, and may win the bid less than their maximum.
TELEPHONE BIDS. If a prospective buyer makes arrangements with us prior to the commencement of the sale, we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone. We do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
RESERVES. Unless the sale is advertised and annoucned as a sale without reserves, each lot is offered subject to reserve regardless of software genterated starting bid and Karin A. Costa, Auctioneer, may implement such reserves by bidding through its representatives on behalf of the consignor. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in her discretion, will generally open the bidding at half the low extimate for the lot. In the absence of a bid at that level, the auctoineer may proceed backwards at her discretion until a bid is recognized and then continue up, or may pass the lot, or may combine the lot with another, at her sole discretion.
AUCTIONEER'S DISCRETION. The auctioneer has the right at her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as she may decide, to withdraw any lot, and in the case or error or dispute, and whether during or after the sale, to determine the successful bidder or to reoffer the lot in dispute. If any dispute arises after the sale, the sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder thereupon A. assumes full risk and responsibility; B. will pay the full purchase price.
If Aa dispute arises between 2 bidders, Auctioneer reserves the right to open the bidding between the 2 bidders, taking the bid of the bidder the Auctioneer recognized first and then the second bidder, until the highest bid is received.
AFTER THE SALE
BUYER"S PREMIUM. In addition to the hammer price, the buyer agrees to pay Karin A. Costa, Auctioneer, a buyer's premium and the applicable sales tax added to the final total.
Buyer's Premium Rates:
In-house bidders paying cash or cashier's check 10%
In-house bidder paying credit/debit 13%
Internet, written or telephone bidders 13%
Local sales tax applied to persons buying or picking up on site.
PAYMENT. The buyer must pay the entire amuont due on auction day within 1 hour after the sale of the last auction lot. Payment is in US dollars. Seller retains all legal rights for collection of any unpaid lots.
NON-PAYMENT. If we do not receive payment in full, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us or the seller by Law: A. to impose a late charge of 1.5% per 30 days on the total purchase price; B. to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable laws; C. to cancel the sale; D. to resell the property publicaly or privately with such terms as we find appropriate, to the sell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling fees, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us security interest in, and we may retain as collateral secutiry for such purchaser's obligation to us, any property in our possession owned by such purchaser. At our option, payment will not be deemed to have been made in full until we have collected funds in cash; E. to not allow any bids at any upcoming auction by or on behalf of the buyer; F. to take other action as we find necessary or appropriate, especially when purchaser has taken possession fo the lot.
REMOVAL OF PURCHASED MERCHANDISE. All property shall be removed by in-house purchasers at their expense and labor no later than 1 hour after the sale of the final lot, and by absentee purchasers by 2 p.m. auction day, unless earlier time posted, or during the date and time published for load out following the sale. All buyers returning on load out day will be assessed a $50 non-refundable load out fee regardless if they pick up or abandon their purchase. If not removed, Karin A. Costa, Auctioneer, reserves the right to re-sell the item under the Terms and Conditions.
Once a lot has been sold to a bidder, it is the bidder's property with the legal obligation to pay the seller in full through Karin A. Costa, Auctioneer. No sale will be set aside for bidder's failure to collect purchases, loss, theft or damage to any purchase, or failure of bidder to secure remedy from person causing such loss, theft or damage to purchase.
FAILURE TO COLLECT PURCHASES. If property is not picked-up following the sale, or payment is not made, Karin A. Costa, Aucitoneer, the property is considered abandoned and the bidder shall have no right to refund or cancellation of the sale. Karin A. Costa, Auctioneer, shall have no liability for any damage to property left on the premises after the auction.
Property which is paid for but left for any reason after final load out time/date is subject to sale by us with no refund given.
PACKING AND SHIPPING. If a pruchaser (in house or absentee) is successful, the purchaser is solely responsible for selecting, hiring, dispatching handlers/shippers to the premises for packing and shipping the lots. We will not be responsible for the acts or omissions of carriers or packers. Property will not be released to the shipper without the buyer's written consent and not until payment has been made in full. We will not pack, handle or remove lots from the premises for shipping or delivery, and will have no liability of any loss or damage to such lots left on teh premises by absentee or in house purchasers. Bidders are advised to obtain quotes and scheduling information prior to bidding as no allowance will be made for shipper services. Names of companies are for convenience only. Auctioneer has not vetted companies and makes no guarantee of their preformance.
CONDITION REPORTS. Karin A. Costa, Auctioneer, is not responsible for the correctness of any statement of any kind conerning any lot, whether written or oral, for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, employees or agents, give any representations, warranty or guarantee or assume any liability of any kind in respect of an lot with regard to merchantability, fitness for a particular purpose, description, size, quality, conditoin, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Bidders are to secure their own agents for independent condition reporting. Photos of lots are taken on site under given lighting conditions by non-professional photographers.
LEGAL RAMIFICATIONS. The rights and obligations of the parties with respoect to these Conditions of Auction, the conduct of the auction an any matters connected with any other , the foreging shall be governed and interpreted by the laws of the State of Nevada, Washoe County. If any part of these Conditions of Auction is found by any court to be invalide, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
DISCRETION. Any and all conditoins may be waived or modified in the sole discretion of Karin A. Costa, Auctioneer.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.