Weekly Auctions of Exceptional Items
Terms & Conditions
ESTATE MARYLAND TERMS AND CONDITIONS THE FOLLOWING TERMS AND CONDITIONS OF ESTATE MARYLAND CONSTITUTE ALL OF THE POLICIES BY WHICH ITEMS LISTED IN THE CATALOGUE (INCLUDING INTERNET WEBSITE LISTINGS), AND ALL OTHER ITEMS HELD BY ESTATE MARYLAND SHALL BE OFFERED FOR SALE. BY PLACING A BID ON ANY ITEM SOLD BY ESTATE MARYLAND, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS OF SALE MAY BE AMENDED BY ESTATE MARYLAND AT ANY TIME, AND ALSO FROM TIME TO TIME, INCLUDING THROUGH THE TIME OF SALE, AND ALSO BY ANY NOTICES DURING THE SALE. BY PLACING A BID ON ANY ITEM SOLD BY ESTATE MARYLAND, THE GUARANTEE IS MADE THAT YOU ARE NOT UNDER THE INFLUENCE OF ANY DRUG, SUBSTANCE, MEDICATION, OR MENTAL OR PHYSICAL CONDITION THAT WOULD PREVENT YOU FROM FULLY UNDERSTANDING THESE TERMS AND CONDITIONS. REGISTRATION TERMS Registration is a multi-step process for the purpose of manual approval by the auction house. Therefore, registration must be initiated at least 24 hours prior to the start of any auction; we cannot guarantee the ability to process applications of anyone attempting to register after the aforementioned period. Please be sure to fully complete the registration, by including your name, address, email address, phone numbers, etc. Approval will be blocked if registration is not fully completed. Estate Maryland sets strict bidder qualifications through the online software, and which are based upon considerations including feedback score, information included in the feedback profile, and other factors at the discretion of the auctioneer. Approval will be blocked for those registrants that do not meet such qualifications. You must be at least 18 years old to register for Estate Maryland auctions. CONDITION TERMS Bidding in an Estate Maryland auction constitutes acceptance by you (the "Bidder"), of all the Terms and Conditions stated herein. ALL BIDS AND SALES ARE FINAL. This is a sight sale, meaning that all bidders can preview the items at Estate Maryland?s primary storefront, and which is located at 10863 York Road, Cockeysville, MD 21030. Regarding all items, grading reflects our considered and honest opinion, grades and ratings are solely offered as a guide, and thus, grades and ratings should not be construed as a warranty or guarantee. Differences of opinion regarding item grading cannot be used as justification for rescission of your bid or for returning of items to Estate Maryland. Each bidder must rely on his or her own judgment of grade based upon the photographs provided and based upon the items? description. Where a grading service is used by Estate Maryland to evaluate an item, Estate Maryland will identify the grading service?s determination, and will include any reports made so that bidders may consider them. Estate Maryland maintains no opinion as to 2 the grading service?s determination, and will present it merely as a tool to assist bidders; therefore, Estate Maryland is not responsible for any error or omission in any such grading or report. The absence of a condition statement in a report or in the items? description does not imply that items are in perfect condition, nor does it mean that the items are free from wear and tear, imperfections, or the effects of aging. Prospective bidders may submit an inquiry requesting a more detailed examination and/or clarification of a report or of an items? description. Grading services used by bidders after a sale ends and that refuse to evaluate an item or that give it a lower grade or rating than what was presented by Estate Maryland, will have no affect on your bid or a sale, and so any said circumstance cannot be used as justification for rescission of your bid or for return of the items to Estate Maryland. 1. AGENCY Estate Maryland acts as the limited liability agent for the sellers of all property described in the catalogues, on internet website listings, and for all items offered for sale. The contract for the sale of each item is a contract between the owner of the item and the successful bidder for the item, and thus imposes absolutely no liability on Estate Maryland whatsoever. 2. PRE-SALE ACTIVITY A. Inspections. All Estate Maryland auctions are sight sales. You are strongly advised to personally inspect and examine all items that you contemplate bidding for. When bidding on any item, whether you first preview it live or not, you accept all responsibility for such bids and for such purchases; without limitation then, you accept any defects, damages, past repairs, irregularities, flaws, and all other physical conditions that could have been determined by your inspection of the property prior to your bidding on it. If the results of your inspection and/or evaluation of any property leave uncertainty in your mind as to any matter that you deem relevant to your potential purchase, then Estate Maryland recommends that you have an expert examine the items for you. Neither Estate Maryland nor the seller can make any warranty or guaranty as to property offered at auction. B. Descriptions. Written and oral descriptions, including, but not limited to, catalogue and internet descriptions and condition reports, are opinions only, and should not be construed or relied upon as statements of fact nor as guarantees of any kind; such statements and opinions do not constitute a representation, warranty or assumption of liability of any kind by Estate Maryland or the seller. Estate Maryland is not responsible or liable for the correctness of the catalogue, internet listings, condition reports, or for any other descriptions. Any references to damage, repair, or restoration of items are for guidance only, and should thus be evaluated by personal inspection of the bidder; the absence of such references does not imply that an item is free from defects, repairs, flaws, or restoration, nor does reference to particular defects, repairs, flaws, or restorations imply the absence of others. The condition of frames on artwork is not generally described. All measurements are approximate. Jewelry descriptions are only estimates as to carat size, gold content, number of stones, etc., and thus Estate Maryland is in no way liable whatsoever if any such description or estimate is incorrect. Please note that upholstered furniture has not been disinfected by Estate Maryland or the seller. C. Images. All images in ESTATE MARYLAND catalogues, internet website listings, and in items? descriptions, are for identification purposes only and are thus not intended to represent the actual color, condition, clarity, etc., of the item being offered for sale. All photographs 3 are of the actual items being auctioned, unless otherwise noted in the catalogue, online listing, or in the items? description. Please note that photographs of items and photographic quality may be enlarged or enhanced to show detail, or that photographs may be reduced or pixilated to accommodate inclusion into the catalogue or the online listing. D. Estimates of Selling Price. Any estimate of the selling price for items stated in our catalogue, internet listing, or in the items? description is intended only as a guide for prospective bidders. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However, all items can bring prices either above or below the stated estimates. Stated estimates should not be relied upon as the value for items, nor as a statement that this is the price at which the item will in fact sell for at the auction or subsequently by any bidder. E. Bidders Responsibilities. Except as stated herein, all items are sold "AS IS", and meaning without any representation or warranty of any kind whatsoever by Estate Maryland or of the seller. Bidders are responsible for satisfying themselves as to all aspects of property condition and descriptions, including, but not limited to, genuineness, attribution, provenance, authenticity, authorship, completeness, condition, damage, repairs, restorations, estimates of value, and all matters referred to in catalogue entries, internet descriptions, condition reports, and elsewhere. 3. CONDUCT OF SALE A. Internet Bidding. Internet bidding is offered as a service to our customers, and prospective bidders shall not hold Estate Maryland or its sellers liable whatsoever for any errors or failures in executing bids, nor shall you hold us responsible for any software, hardware, electric, or other failure due to the loss of the auction applet supplied to us by the online auction site. B. Acceptance and Rejection of Bids. Estate Maryland reserves the right to accept or reject any bids for any reason whatsoever. The highest bidder acknowledged by Estate Maryland will be the actual winner of the auction and the purchaser of the items. In the event of any dispute between bidders, or in the event of doubt on Estate Maryland?s part as to the validity of any bids, then Estate Maryland will have the exclusive and final discretion to determine the winning bidder, or to cancel the sale or to re-offer and resell the items in dispute; Estate Maryland is not liable for any decisions, errors, or omissions in connection therewith. Estate Maryland will have the exclusive and final say regarding any disputed bid. In the event that Estate Maryland cancels or rejects the highest bid on any items for sale, then at the sole discretion of Estate Maryland, the next highest bidder will become the winning bidder, with immediate notice to be provided by Estate Maryland to such new winning bidder. C. Reserve Price. Unless advertised otherwise, some items may be offered for sale or at auction subject to a reserve price. A reserve price is the minimum price that the seller is willing to accept for the items; such reserve price may or may not be disclosed to bidders, and which said reserve price may be determined or modified at any time (including during and through the end of any auction or sale), by written or verbal communication between the seller and Estate Maryland. If a reserve price is established, then it is generally at a percentage of the low estimate, and it will not exceed the low estimate for the lot. D. Withdrawal of Items. Estate Maryland reserves the right to withdraw any items before or during the sale or auction, and so Estate Maryland will have no liability whatsoever for such 4 withdrawal. No participant in the sale or auction shall have a right to claim any damages if a lot is withdrawn. E. Bidding Increments. Estate Maryland uses the following increment multiples for all bidding, whether live, absentee, telephonic, or via the internet. Subject to Estate Maryland?s discretion, the highest bidder accepted by Estate Maryland will be the winning bidder, and the "striking of the hammer" (I.e. the close of bidding on the offered items), marks the acceptance of the highest bid and the entry of a contract between the seller and the high bidder. The winning bidder assumes full responsibility and risk of loss for items purchased by fall of the hammer. Any person submitting bids on behalf of a corporation, partnership, joint venture, or for any other entity, will be deemed to be the irrevocable and binding agent of such entity, and will hence by held liable along with the said entity for both the purchase price of the items and for all obligations mandated by these terms and conditions. ESTATE MARYLAND IS NOT RESPONSIBLE FOR ANY ERRORS IN BIDDING. All Bidders should make certain to bid on the correct items and that the bid is the bid intended. Once the hammer has fallen and the online auction site has accepted the highest bid and closed all other bidding, then the bidder is unconditionally bound to pay for the items regardless of any mistake in their bidding. G. All Sales Are Final. Items are sold by Estate Maryland with all faults, and given that this is a sight auction, and that Estate Maryland will allow all bidders to view the items in person, or to contact Estate Maryland with questions before bidding on the items, there will be no returns accepted for items regardless of the reason. 4. FOLLOWING THE SALE. A. Invoice. The bidder acknowledges that the invoice describing the items by name, number, reference, etc., incorporates the catalog, the item?s description, these Terms and Conditions, etc. B. Buyer's Premium. A twenty percent (20%) buyer's premium will be added to the hammer price (the sale price), and is to be paid along with the items? purchase price by the winning bidder. C. Taxation. All purchases will be subject to a six percent (6%) Maryland sales tax to be 5 collected by Estate Maryland at the time of payment, unless: 1. The items purchased are for resale, the sale price of the items exceeded $200.00, and a valid Resale Tax # is presented to Estate Maryland?s business Office at the time of payment for the items; or, 2. The items are being shipped to a buyer located outside of the State of Maryland; or 3. The total invoice amount of coins, excluding the buyer?s premium, exceeds $1,000.00. For all bidders in the State of Maryland, all applicable value added tax, sales tax, compensating use tax, or equivalent or other taxes shall be paid by the winning bidder as directed under law. D. Payment. Estate Maryland accepts cash, certified checks, Visa or MasterCard as payment for items to be picked up at its primary storefront (and personal checks with prior approval from our accounting department). Estate Maryland accepts PayPal, Visa, or MasterCard for all purchases made thru an online auction site. Credit and debit card payments are only accepted for items with a total invoice amount of less than $10,000.00. NO TELEPHONIC PAYMENTS USING CREDIT CARDS OR DEBIT CARDS WILL BE ACCEPTED WHATSOEVER. Wire transfers are encouraged and can be arranged through our accounting department. For any cash transactions or series of transactions that exceed $10,000.00, Treasury Form 8300 will be filed. E. Collection of Items/Shipping. No items shall be delivered to or collected by the winning bidder until payment in full is made to Estate Maryland of the purchase price and all applicable taxes, charges, buyer?s premiums, etc. All items must be picked up by the winning bidder or the winning bidder's shipper within one week following the close of the auction, and if not, then a daily storage fee of $10.00 will be assessed to the winning bidder by Estate Maryland, and which fees must be paid before Estate Maryland will release the items to the winning bidder. For internet bidders requiring items to be shipped, Estate Maryland, at its sole discretion, will provide shipping at the cost of $9.99 per item (and to be paid for by the buyer at the time of the item?s payment). It is up to the buyer, and at their expense, as to whether or not Estate Maryland will ship the items to them with insurance. We do not offer shipping discounts based on the number of items that you buy, and items cannot be combined for shipping purposes. We do not ship to addresses outside of the United States of America. Estate Maryland will have no liability whatsoever for any loss, damage, devaluing, etc., that may occur to items during shipping. F. Remedies For Breach Of These Terms And Conditions. If any applicable policies herein are not complied with by bidders, then in addition to other remedies available by law, including, but not limited to, the right to hold the winning bidder liable for the total purchase price, then Estate Maryland, at its sole and exclusive option, may (a) cancel the sale, retaining as liquidated damages all payments made by the winning bidder to Estate Maryland, (b) resell the property at a public auction without reserve or a minimum selling price, with the former winning bidder to be liable for all deficiencies and costs, including shipping and handling charges, expenses of both sales, the commission on both sales at regular rates, and all other charges due per these Terms and Conditions, and (c) sue the winning bidder, including for the collection of all applicable damages, Court Costs, Costs of Collection, and reasonable Attorney?s Fees (not to exceed $500.00 per hour), as allowed under the law of Maryland (there is no choice of law or conflict of law provision). In the 6 event of breach by internet bidders of these Terms and Conditions of Sale, then Estate Maryland may file a Non-Paying Bidder Alert to the online auction site. Estate Maryland reserves the right to impose a charge of 1.5% per month on all past due charges owed to Estate Maryland. 5. NO WARRANTIES AND MORE LEGAL NOTICES. All Items Are Offered And Sold by Estate Maryland in "As Is" Condition, and With No Guaranties Or Warranties Of Any Type Whatsoever. Without Limitation, Neither The Seller, Nor Estate Maryland, Nor Any Of Our Officers, Employees Agents, Contractors, Independent Contractors, Sub Contractors, etc., Make Any Representation, Warranty Or Guaranty, Nor Assume Any Liability Of Any Kind With Respect To Merchantability, Fitness For A Particular Purpose, Usage Of Trade, Title, Infringement, Affirmation, Promise, Description, or Sample, Size, Grading, Quality, Attribution, Genuineness, Authenticity, Provenance, Age, Condition, Materials, Authorship, Completeness, Damage, Repairs, Restorations, Estimates Of Value Or Any Other Features. Neither The Seller Nor Estate Maryland, Nor Any Of Our Officers, Employees Or Agents, Contractors, Independent Contractors, Sub Contractors, etc., Are Responsible For The Correctness Of Any Statement Of Whatever Kind Concerning Any Lot, Whether Written Or Oral, Nor For Any Errors Or Omissions In Description Or For Any Faults Or Defects In Any Items. Bidders Hereby Assume All Risks Concerning And Related To, And Including But Not Limited To, The Grading, Quality, Description, Condition, Authenticity, And Provenance Of A Lot. You expressly understand and agree that Estate Maryland will be held harmless and is not liable for any direct, indirect, incidental, special, consequential, treble, reliance, exemplary, or any other theory of damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. You agree to indemnify and hold harmless both Estate Maryland and the Seller from any claim, demand, lawsuit, attorney?s fees, etc., made by you or any other party due to or arising out of breach of these Terms and Conditions or the documents or item descriptions? that it incorporates directly or by reference, or from your violation of any law or the rights of any party. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you agree that you will be solely responsible for any damage to your computer system, for any damage to your software, or for any loss of data that results from the download or viewing of any such material. No advice or information, whether oral or written, obtained by you from or through any auctioneer or their employees, contractors, subcontractors, independent contractors, agents, etc., will create any warranty whatsoever. LEGAL COMPLIANCE. All bidders agree to comply with every applicable domestic and international law, laws of your state, 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 from Estate Maryland. MERGER, SUBSEQUENT MODIFICATION, AND SEVERABILITY: Any understanding, opinion, description, or representation made by Estate Maryland or our sellers, auctioneers, agents, employees, contractors, independent contractors, subcontractors, etc., to bidders is not binding, except to the extent found herein, as these Terms and Conditions constitute and represent the entire agreement and understanding between bidders, Estate Maryland, and our sellers. Modifications to anything stated herein these Terms and Conditions shall not be binding in any way against anyone, unless they are reduced to writing and signed and dated by the bidder and Estate Maryland and our sellers. If any part of these Terms and Conditions herein is held in 7 whole or in part to be unenforceable for any reason, then the remainder of that clause in particular, and the rest of these Terms and Conditions herein, will remain in perpetual effect. 6. MISCELLANEOUS. A. Governing Law. These Terms and Conditions, in addition to the respective rights and obligations of Estate Maryland, our sellers, and bidders regarding any items offered by Estate Maryland for sale or for auction, shall be governed by and construed and enforced in accordance with the laws of the State of Maryland (except regarding tax issues and other things unique to bidders and their individual states). LIABILITY, LAWSUITS, JURISDICTION, VENUE, ATTORNEYS FEES, AND COSTS OF COLLECTION: Bids for items being sold or up for auction by Estate Maryland constitute the entering into of a legally binding contract between the bidder, Estate Maryland, and our sellers, and thus, if you breach any of these Terms and Conditions in any way, then Estate Maryland reserves the right to sue you. Bids made by an account used, owned, maintained, or in the name of any business entity, enterprise, corporation, partnership, joint venture, etc., will bind that said enterprise and all of its members, including the individual bidder to all of these Terms and Conditions. Any bid coming from your account, whether you actually made the bid or not, will be attributed to you and will bind you in full to these Terms and Conditions. These Terms and Conditions are to be construed only pursuant to the laws of the State of Maryland, as there is no choice of law or conflict of law provision. By bidding on any item sold or auctioned by Estate Maryland, in the event of any lawsuit, you agree to the exclusive jurisdiction of the State of Maryland, and with exclusive venue for any lawsuit regarding the said items to only be in either the District Court or the Circuit Court for Baltimore County, Maryland; further, regarding any lawsuit, you agree to pay all reasonable attorney?s fees (not to exceed $500.00 per hour), and you further agree to pay all costs of collections incurred by Estate Maryland (which include, but are not limited to, Court filing fees, Court Costs, skip traces, the process servers fee, etc.) You also waive your right to a jury trial in the event of any lawsuit, and you further waive your right to collect any and all legal fees in the event of a lawsuit from Estate Maryland or any of our sellers. F. No Assignment. Unless Estate Maryland consents in a signed and dated writing, bidders may not assign any of their rights or obligations pursuant to these Terms and Conditions. Any assignment without Estate Maryland?s written and dated consent is immediately void. G. No Waiver. These Terms and Conditions may not be waived by Estate Maryland unless such waiver is in a signed and dated writing. A waiver on one occasion will not be a waiver on any other past or future occasion, and any such waiver will not affect or impair Estate Maryland?s right to insist on strict performance of all other provisions of these Terms and Conditions in perpetuity.
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