Premier Sports Memorabilia Auction #20

TERMS AND CONDITIONS OF USE FOR AUCTION AND SALE 1. BIDDING - Bid by lot number as printed in catalog. All bids are handled competitively, and all lots are sold at one bid increment over the next highest bid. The placing of a bid will constitute acceptance of the conditions of the sale. The seller shall not liable for errors and omissions in executing instructions to bid. 2. PAYMENT - Successful bidders will make payment in full before the lots are shipped. Payment may be made by check, money order, Visa, Master Card, American Express, Discover, Pay Pal or cash. We do not extend credit. All lots must be paid for within (7)days of receipt of the auction invoice. All lots remain the property of Premier Sports Collectibles until paid for in full and must not be sold to pay for your invoice without our permission. Any checks returned for insufficient funds will necessitate charging the buyer a fee of no less than $30. 3. SHIPPING & TAX - Handling, insurance and shipping charges will be added to invoices for material that is shipped with a minimum charge of $3.00. We must ask all customers who use a P.O. Box for their mailing address to include a physical address for our files when shipment of larger lots becomes necessary. Texas residents will have a sale tax of 8.25% added to their invoice as well unless tax exempt status and a sales tax certificate have been filled out prior to the sale. 4. RETURNS - Any item which is incorrectly described may be returned within (10) days of receipt for a full refund and must be returned in the same condition as was originally sent. If any item is damaged in shipment we will allow returns on those items and pay for your return and give ou a full refund of the purchase price. 5. SPORTS EQUIPMENT: All products sold by us on this Site consisting of sports equipment are not intended for use in connection with any physical activity or playing any sport. Any sports equipment sold on this Site is to be used for collectible and display purposes only. 6. IMAGES AND COLORS: We have made every effort to display the images and colors of our products that appear on this Site as accurately as possible. However, as the actual images and colors you see will depend on your monitor or device, we cannot guarantee that your monitor’s or device’s display of any color or image will be accurate. 7. INDEMNIFICATION: By participating in this auction, you agree to defend, indemnify and hold harmless Premier Sports Collectibles, its parent companies, partnerships and affiliates from and against any and all claims, damages, costs and expenses, including but not limited to, attorneys’ fees, arising from or related to your use of this Site, your breach of these Terms and Condition of Use or your use of any item purchased on this Site. 8. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PREMIER SPORTS COLLECTIBLES OR ANY OF ITS PARENT COMPANIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PREMIER SPORTS COLLECTIBLES WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PREMIER SPORTS COLLECTIBLES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PREMIER SPORTS COLLECTIBLES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR PRODUCTS PURCHASED ON THIS SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $100, WHICHEVER IS LESS. 9. GOVERNING LAW: The laws of the State of Texas shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN FAYETTE COUNTY, TEXAS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE OR YOUR ACCESS OR USE OF THIS SITE. Any claims asserted by you must be asserted in writing to Premier Sports Collectibles within one year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party. 10. SEVERABILITY: If any part of these Terms and Conditions of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective, but shall not affect any other part of these Terms and Conditions of Use. 11. WAIVER AND REMEDIES: The failure of Premier Sports Collectibles to partially or fully exercise any rights or the waiver of Premier Sports Collectibles of any breach of these Terms and Conditions of Use by you, shall not prevent a subsequent exercise of such right by Premier Sports Collectibles or be deemed a waiver by Premier Sports Collectibles of any subsequent breach by you of the same or any other term of these Terms and Conditions of Use. The rights and remedies of Premier Sports Collectibles under these Terms and Conditions of Use and any other applicable agreement between you and Premier Sports Collectibles shall be cumulative, and the exercise of any such right or remedy shall not limit Premier Sports Collectible’s right to exercise any other right or remedy.