CalEstates Estate Auction

CalEstates General Terms & Conditions for Auction Bidders General Terms and Conditions Please note: These Terms and Conditions are representative of those in a typical auction. Please remember, you will be bound by the specific Terms & Conditions specified in each auction for which you register, bid and participate. These Terms and Conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL the terms of this contract. LisaT, LLC (dba CalEstates) shall be known individually and collectively as ?Auctioneers?, or ?Auction Firm?. All bidders must be 18 years of age or older, and provide identification as verification upon request. All bidders and others attending / participating in this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and forever indemnify Auctioneer, its employees, agents, and assigns, from any liability and causes of action. All property is sold ?as is, where is? without any warranty or guarantee, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES or REFUSALS. As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. The BUYER assumes full responsibility for any item purchased AT THE TIME IT IS SOLD, including the security of the item(s). Though we will do our best to maintain security of the items, there will be no refunds for stolen or missing items once the Auctioneer announces, ?sold?. In no event shall a bidder or buyer hold the Auctioneer responsible for having made or implied any warranty or merchantability or fitness for any specific purpose. The Auctioneer is acting solely as an agent for the Seller. The Auctioneer shall assume no liability for representations made, or information provided by the Seller. The Seller reserves the right to accept or reject any or all bids. This is a Public Auction and as such, all qualified bidders may bid, including CalEstates, LisaT, LLC or SanFranciscoAuctions owners, family members and employees. Bidders are encouraged to inspect all items before bidding. Public inspection & preview information is posted on our website for each sale. Bid cards and bidder registration numbers are issued solely to individuals and are not transferable. Others are not authorized to use your bidder registration. Should you allow others to bid under your number, you will be fully responsible for all bids they make as though you made them yourself. The sale price recorded by the auction clerk on his or her record sheets, either on paper or electronically, takes priority over all other records and shall be the official sale price of the item sold. Removal of any and all items shall be at the expense, liability and risk of the purchaser. All property must be removed within the time period announced by the Auctioneer for each auction. Property not removed within the announced time period will revert to the Seller for resale or disposal, without refund or recourse to the bidder. Property not removed shall be considered abandoned and no refunds shall be issued. The Seller, at his or her discretion, may choose to have unclaimed items removed or disposed of at the expense of the Bidder who failed to collect the items. By participating in this auction, you agree to pay the removal costs of any unclaimed items that you won in the auction. Announcements made at the time of the sale take precedence over conflicting announcements or postings. The Auctioneer reserves the right to determine bidding increments at his or her discretion and may reject a nominal or fractional bid. The Seller and the Auctioneer reserve the right to withdraw items from sale before or during the auction without prior notice. Persons attending the auction during preview or inspection period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and release the Auctioneer and the Auction Firm from liability thereof. Neither the Auction Firm nor its principals shall be liable for any defect in or condition of premises on which the auction is held. The Auction Firm is acting solely as the agent for the Seller and is not responsible for any acts or omissions of its principals. Should any litigation or mediation be commenced between the parties to this agreement, concerning this agreement or the associated auction, the bidder / buyer agrees that the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees. The bidder / buyer agrees to reimburse the Auctioneer for all expenses incurred in the collection of any unsatisfied debt in conjunction with this auction. Bidder agrees that this agreement shall be governed by the laws of the state of California and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Contra Costa County, California. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of California. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts. Any Bidder who fails to perform as required under these terms and conditions may be banned from this or any future auctions. By registering for any auction, the bidder agrees to be added to the Auctioneer?s email list. If you choose to unsubscribe, please follow the link at the bottom of each email to update your notifications. The Auctioneer records all live auctions via video, audio, still photography, or a combination of all three. The Bidder grants the Auctioneer permission to use these recordings and or images for any purpose. Vehicle Auctions Vehicles are sold ?as is? with no warranty. The Auctioneer does NOT inspect vehicles, and makes no claim as to the condition of any vehicles. Some vehicles may be described as ?started? or ?ran?. This is for informational purposes only and is a representation of a past occurrence. There is no warranty or guaranty that the vehicle will start or run again. Bidders should not make buying purchases based on this information. Unless otherwise announced, sales taxes are NOT assessed at the time of sale. Sales taxes will be paid when the vehicle is registered at the DMV. Unless specifically announced, vehicles are sold on a ?Bill of Sale? only, and title is not provided nor guaranteed. Obtaining a title is a transaction between the buyer and the Department of Motor Vehicles in the county where the buyer plans to register the vehicle(s). Unless specifically stated, vehicles are sold without a 30-day permit or any emissions testing. Vehicles are sold as ?tow away? only, and no temporary permit will be provided. Minor mechanical work may be done on the grounds, limited to changing or inflating tires, and jump-starting the vehicles. No other mechanical work is to be done on the property. Vehicles not removed in the announced timeframe will be subject to additional towing and storage charges, billable to the winning bidder. There is a minimum storage fee of $175 per day. Towing fees start at $550. DOR Vehicle Auctions The Department of Revenue will provide documents authorizing the seizure and sale of the vehicle, which would be sufficient for the buyer to register and obtain titles on vehicles purchased at auction. Should there be any difficulty in obtaining paperwork, the Auctioneer will not intervene. Buyers will be referred to the Department of Revenue. Payment Payment is due immediately at the conclusion of the auction. A Buyer?s Premium will be charged to all items. Visa, MasterCard, Discover, and American Express will be accepted with matching photo-identification. By participating in this auction, buyers expressly agree that they will not ?charge back? or ?deny? a credit card purchase. The Buyer?s Premium shall apply to all sales. Unless you contact our office prior to the close of the auction with an alternative form of payment, the credit card that you register in the online bidding system will be charged at that time. Buyers will be provided a bill of sale and additional paperwork upon payment. Checks will NOT be accepted unless accompanied by an ?Irrevocable Letter of Credit? from a recognized bank within California, AND, approved ((no less than 24 hours prior to the beginning of (live) / prior to placing any bids in (online) )) the auction. Third-party checks will not be accepted under any circumstances. Wire transfers will be accepted from US banks only and must be completed immediately following the close of the sale. No paperwork will be provided until the payment posts to our account. There is a $35 service fee that will be assessed for any credit card that is declined for a purchase. Sales Tax Sales taxes will be assessed based on where the items are physically located. Bidders who wish to claim a sales tax exemption MUST provide a copy of their tax-exemption certificate PRIOR to placing any bids. Sales taxes will NOT be credited back should the bidder fail to pre-register their exemption. Pick-Up / Shipping Items may be picked up at the Auction Office during designated times unless you indicate you would like the items shipped. Items not picked up during the designated pick-up times will be deemed abandoned and will revert back to us with no refunds. Shipping will occur with 14 business days following the close of the Auction when available. Shipping and Handling Costs: Call for Quote on Shipping & Handling when available. On-Line Auctions Neither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid. Registered bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password. This is a Public Auction and as such, all qualified bidders may bid, including CalEstates owners, family members and employees. Online auctions use a ?Dynamic? ending process. If a bid is received in the last few minutes before the scheduled closing of an item, the timer on that item will extend, and will continue to extend each time a bid is received. Once the bidding stops, and the timer runs out, that item will be eligible to close. In some cases, items are ?linked?, keeping one item open for bidding when a different item in the auction has been extended due to active bidding. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all items. Auctioneer may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Auctioneer does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidders shall be the sole judges of value. It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. Even though an item may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the bidder receives an invoice. Auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses. Bidding increments are automatically adjusted based on the chart provided for each auction, and are subject to change at the sole discretion of CalEstates. Bids cannot and will not be removed or altered, unless in the opinion of the auctioneer, the bidder can establish that the bid was an obvious typographical error. Items won during an online auction are the responsibility of the buyer once the auction item is sold and paid for, meaning, it is the buyers responsibility to have the item(s) won removed within 7 business days following the end of the auction (or per specific instructions for that particular auction). It is the winning bidder?s responsibility to arrange for boxing, wrapping, and removal of any item purchased. It is the buyer?s responsibility to hold insurance coverage, to insure any item removed, to include our facility from damage, any other items damaged in our facility, or more, as a direct result of the buyer?s movers or shippers. Additionally, LisaT, LLC (dba CalEstates) is to be held harmless for any damage to the items purchased in transit after removal from our location. Vintage Toys Vintage toys are sold with a PRIMARY USE as collector items for display purposes and as such are not recommended as play items. Many vintage toys do not meet today?s safety standards, as they may be coated with lead paint, contain lead or are made entirely of lead (e.g. toy soldiers), and others may contain phthalates (chemicals put in plastic to make them more pliable), or be a choke hazard. Bidder agrees that to comply with the Consumer Product Safety Improvement Act and affirm they are buying these items as collectibles for display purposes only and have no intention of either using or selling them as play toys to be used for play by children in any way. Bidder further agrees to assume all liability and responsibility for disregarding this warning and letting children play with any vintage toy purchased from Auctioneer, and to hold harmless the Seller the Auctioneer, his employees, agents or assigns, in the event of injury, harm or death to anyone as a result of any vintage toy purchased from Seller.