HUGE California Gold Rush Pioneer Estate

Terms & Conditions for APPRAISAL & ESTATE SALE SPECIALISTS, Inc. ** A.E.S.S. will ONLY accept credit card payments through the PAYPAL PAYMENT SYSTEM FOR THIS AUCTION ONLY. NO credit card payments will be accepted via the phone, fax, mail or email. ** ANY payments over $3,000 MUST be made by bank wire transfer or money order only. A.E.S.S. will provide the winning bidder with all necessary bank wire information and if needed the SWIFT number. By submitting a bid, whether in person, via phone, absentee, internet, or through an agent, that bidder acknowledges that they have thoroughly read this Terms and Conditions Agreement set forth by Appraisal & Estate Sale Specialist, Inc., also known as A.E.S.S., and agrees to adhere to all of the Terms and Conditions for this sale, whether or not the buyer has physically signed an agreement and or has physically inspected winning lot or lots. The buyer agrees that all sales of non-antique firearms, as defined by State and Federal laws, will be facilitated by an FFL and that we will have an FFL onsite at the auction. All purchases of these non-antique firearms from online buyers will need to provide the information of a local FFL and will be required to pay any and all additional fees and transfer costs as set forth by both of the FFLs and go through an FFL and meet all requirements. No firearm will be shipped by outside shippers until all required state and federal laws have been met and any/all fees paid by the buyer. All shipping costs will be the responsibility of the buyer. Appraisal and Estate Sales Specialists (A.E.S.S.) will not ship any firearms. It is the responsibility of the buyer to arrange for shipping and payment of said costs related to the shipping of all firearms both antique and non-antique. 1. All items are sold "AS IS”, "WHERE IS" and "HOW IS" and All sales are final as of the fall of the hammer, with no exceptions. It is the responsibility of the prospective buyer to inspect the lot/s before purchase. Any condition or grading statement is ONLY an opinion and is given as a subjective judgement and as a courtesy and is NOT a guarantee of condition or authenticity. Buyers themselves are to determine all matters of condition, age, genuineness, authenticity, maker, value or any other determinant factors, regardless if the buyer bids via the internet or in-person and regardless if the bidder has performed an in person inspection or not. Any information given by auction house is a curiosity only and only an opinion. 2. Your bid is an agreement set forth in these Terms & Conditions. Buyer releases A.E.S.S. of all responsibility. The buyer assumes all risks of valuations and authenticity concerning any and all purchases. A.E.S.S. does not and will not imply any warranty or authentication of any type. No charge backs of any kind will be allowed. A.E.S.S. will not be responsible for Errors and Omissions of any kind and there are no refunds or returns. Any and all verbal announcements supersede the written catalog at auction date/time. In addition, if changes are to be made they will be announced by the auctioneer. All bidders are bound by any changes that either the auctioneer or auction house makes, regardless, if the buyer or bidder is live or online. 3. It is the responsibility of the buyer to arrange for shipping once the item has been paid for. A.E.S.S. will ship some items to USA addresses only to your registered PayPal shipping address. All in-house shipping will be done only at the company’s sole discretion. All other lot/s will need to be shipped via the winning bidder’s shipper, at their own expense. Please make sure your shipper carries insurance and requires a signature confirmation. A.E.S.S. will not be held not responsible for damage or loss by any third party shipper. All international customs, tariffs, taxes, etc. are the responsibility of the buyer and their shipper. Please check your countries rules before bidding. A.E.S.S. will not ship internationally. As a courtesy, A.E.S.S. does provide bidders with the contact information for local shipping companies. ***A.E.S.S. will not be held responsible for any liability issues around any outside shipping company. Unless otherwise indicated lots may be offered with a reserve. A.E.S.S. has the right to protect the reserve on behalf of the consignor. In the case of a reserve A.E.S.S. may bid on the seller's behalf only up to the reserve amount. Payments are due at the fall of the hammer unless otherwise specified. Items will only be shipped out after complete payment has been made and the appropriate funds have cleared A.E.S.S.’s financial institution. PAYMENT means Hammer price plus buyer's premium plus applicable taxes and any applicable shipping charges. **Items that are being shipped by AESS will usually be shipped the following Saturday after payment has been received and/or cleared. 4. A.E.S.S. reserves the right to have all funds verified before bidding on any item(s). A buyer's premium of 20% will be added to the final hammer price and then proper sales tax will be added to that total. Sales tax will be collected on all items sold in the State of California, unless a valid and verified California resale number and appropriate paperwork are on file with A.E.S.S. Resale forms must be filled out and numbers presented 5 days prior to auction date. If buyer lives out of state, and bids out of state, but picks up item(s) in the State of California, then California sales tax will be added to that total. ONLY valid California resale numbers will be accepted. Sales tax rate is 7.75%. Payment is to be paid in full the night of the auction or within 5 days of end of auction. FOR CREDIT CARDS....We ONLY accept payments made through the PAYPAL PAYMENT SYSTEM FOR THIS AUCTION ONLY. Checks may have up to a 14 business day hold before items are released. ONLY PAYPAL PAYMENTS WILL BE ACCEPTED!! ** ANY payments over $3,000.00 MUST be made by bank wire transfer ONLY. ** Online Credit card payments are to be made ONLY through the PayPal payment system....NO EXCEPTIONS!! ** No over the phone payments will be accepted!! 5. All payments are to be in U.S. dollars only. Invoices will be sent out through the auction platform, within 48 hours after the auction. Usually the Tuesday after a Sunday Auction. Payment must be received by A.E.S.S within 5 business days immediately after receiving the invoice. The buyer shall not acquire title or take possession of any lot/s until all amounts including the hammer price; Buyer's premium and applicable fees and taxes due to A.E.S.S. have been paid in full. Personal checks may cause items to be held until funds have cleared, which can take up to 14 business days. Items not paid for within 5 days of the auction are subject to late fees. No charge backs will be accepted as buyer has agreed that he or she has assumed all valuation risk. A.E.S.S reserves the right to require payment in full, including buyer's premium and sales tax before delivering/transferring any lot/s to the successful purchaser. 6. A.E.S.S reserves the right to require payment in full before releasing any lot to the successful purchaser or the shipping agent of the purchaser. Buyer agrees to pay a $40.00 returned check fee for any check returned by the bank. We are not responsible for any damage or loss that occurs after the fall of the hammer. A.E.S.S. will try to protect won lots. 7. Items that have cleared payment the night of the auction can be picked up that night of the auction at the auction location. Otherwise, items will be picked up after funds have cleared at: Appraisal & Estate Sale Specialists, Inc. 720 E. Walnut #B Fullerton, CA 92831 714-916-8119 8. Buyers who are picking up their items can come in Monday following the auction between 5pm and 7pm and Tuesday following between 11am and 7pm, if the item/s have been paid for, in full, through the PayPal payment system. Otherwise, buyer must make an appointment for pickup. Buyers making shipping arrangements should use this address as the shipping/ pick up address. Please make an appointment for pickup of items. Items must be picked up or shipped out within 7 days of the auction. Items not pick up/shipped out after 14 days are subject to min. $20.00 per day per lot storage fee. Which will be due and payable to A.E.S.S. before the lot/s will be released for shipment. A.E.S.S. will not be responsible for any loss or damage of merchandise. Buyer forfeits any ownership rights for the item(s) won, and all monies paid, if not picked up or shipped out, within 45 days of auction end. A.E.S.S. reserves the right to either, at our sole discretion, at A.E.S.S.'s sole discretion exclusively, claim the item(s) back or sell in a future auction, under the buyer's name, at a commission rate of 40%, with no minimums, no reserves should a dispute arise between A.E.S.S. and the auction buyer. 9. Auctioneer reserves the right, at his/her sole discretion, to accept or decline any bid, to accept or decline any challenge to any bid or bidding increment, to reduce any mail bid received, to open or reopen the bidding of a lot at any level deemed appropriate by the Auctioneer, to determine the prevailing bid, all auctioneers and auction house decisions will be deemed final. Auctioneer also reserves the right to pass on an item if it does not meet the reserve price. For any bidding that exceeds $100,000 U.S. dollars, the auctioneer has the right to choose the bidding increments as he/she sees fit. Should a dispute arise between A.E.S.S. and an auction buyer regarding an auction items. All settlements will be for the Fair Market Value of the items only, not to exceed the hammer price, and or a Fair Market Value price as determined by the auctioneers (A.E.S.S.) solely at the auctioneer's sole discretion. 10. A.E.S.S. will not be held responsible for any failures, including but not limited to the use of the internet, bids or bidding, its staff, its representative/s or anything that is out of A.E.S.S.'s ultimate control. Under no circumstance will A.E.S.S. be held responsible for failure of any internet connections, sites, internet bidding, or missed bids from internet failures or any other technology issues, or any A.E.S.S. staff, or representative issues. All Internet bidders agree to these terms by participating in this auction. A.E.S.S. will not be held responsible for any technology or internet issue or issue(S) that cause bid disruption, missed bids, or bidding failures. Bidder acknowledges that A.E.S.S. is providing internet bidding as a courtesy only and internet bidders understand that this courtesy service may not function properly. **If there is a tie between an online bidder and a floor bidder, the floor bid takes precedence. 11. Any and all measurements, weights, color photographs or descriptions in catalog are approximate and are meant as guidelines ONLY and are given as a courtesy only and are not a guarantee. **A.E.S.S. will not be held responsible for any errors. 12. A.E.S.S. reserves the right to withdraw items at any point, including during the auction, including items that have current bids on them. 13. By submitting a bid, in person, via phone, absentee, internet, or through an agent, that bidder has thoroughly read the Terms and Conditions Agreement by A.E.S.S. and agrees to adhere to the terms and conditions of this sale, whether or not the buyer has physically signed an agreement. By bidding on an A.E.S.S. auction you are agreeing to and are bound by these terms. By bidding on items, buyer personally and unconditionally guarantees payment. 14. Auctioneer may pass on an item to protect the consignor. Consignor is not allowed to bid on items. 15. A.E.S.S. reserves the right to reject any bid from any source. 16. Auction participants will hereby indemnify and hold harmless the auctioneer, auction house, and seller from any and all damage claims or liabilities from any injuries to persons or property of any type, whatsoever, caused during the sale or during the removal of items purchased. Buyers are to remove purchased items at their own risk. Buyer must check and ensure that they have collected all lots and all items of a lot. This responsibility falls solely on the buyer. 17. A.E.S.S. has complete right, at its complete and sole discretion, to refuse admission to the auction event, or to refuse any bids. 18. Buyer must complete registration before bidding. All prospective buyers must sign and complete a bidder registration form before bidding on any items. All decisions made by the auctioneer are deemed final. 19. If any lot is stolen and cannot be delivered to purchaser, A.E.S.S. will not be held liable or responsible. 20. Each lot in this catalog is offered for sale and is subject to the terms set, as changed or supplemented by provisions a) written in other places within these Terms of Sale, b) in written supplements to this Catalog or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. No other communications by any member of the Auction House is intended to be binding, and such communications are made for informational purposes only. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet, or other absentee bid. 21. Catalog photos are not to scale. A.E.S.S. retains ALL rights to all photography and all other intellectual property. Catalog may not necessarily be correct in color due to the restraints of digital photography, exposures, monitors and electronic transmission. Buyer is encouraged to inspect and ask questions on items before bidding. 22. Lots will be sold to the highest bidder as determined by the sole judgement of the auction house and auctioneer. Auctioneer has the right to settle any disputes and reopen the bidding if the auctioneer deems necessary. Auctioneers have sole discretion to regulate the bidding, bidders, and increments. All decisions made by the auctioneer and A.E.S.S. will be determined as final. In the event of a tie winning bid between a floor bidder and an internet bidder, floor bidder will take precedence and the floor bidder will be the winning bidder. 23. Auctioneers does not offer any warranties of/or authenticity no matter what is identified or indicated in the auction catalog. All matters of authenticity and age and warranties are the sole responsibility of the buyer. Auctioneers acts as agent only. 24. *** PAYMENTS *** Credit card payments will ONLY be accepted by the PAYPAL PAYMENT SYSTEM. We do accept cash (only in person), checks, money orders and bank wire transfer. "NO" payments will be accepted by credit card over the phone. If you need to use a credit card, then you can use the PAYPAL PAYMENT SYSTEM for totals up to $3,000.00. We only accept, in person, credit card payments up to the amount of $3,000.00 total from a single bidder. All payments must be made within 5 days of auction. Any items not paid for in full within 14 DAYS (two weeks) of the day of the auction invoice, the bidder will forfeit any and all rights to purchase lot(s). Even if the items has been partially paid for by any party. ** ANY payments over $3,000.00 MUST be through or bank wire transfer or money order ONLY. Buyer will pay for the transfer fees. The amount we receive MUST match your invoice total! 25. A.E.S.S. is only shipping from in-house small and unbreakable items and total invoice values under $500 and select items at our discretion solely. A.E.S.S. has the right solely to determine what will be shipped from in-house depending on value, size, composition, structure and weight. Your items will ONLY be shipped to your registered Liveauctioneers United States shipping address only. We only ship lots up to $500.00 ($500.00) U.S. dollars at our sole discretion. . Amounts over $500.00 will need to be arranged by an outside shipper. Buyer is responsible for all in house and outside shipping costs including a small fee per package to cover for packing materials. We will take care of shipping your items out in a timely manner with tracking info after full payment has been made. We require insurance on your package. Signature Confirmation may be required and are extra services and will ONLY be added at A.E.S.S.'s sole discretion. Items will be shipped by US Post Office. If any other shipping method is desired, buyer will pay for this upgrade, i.e. Express Mail. Items will only be shipped out after complete payment has been made, hammer price + buyer's premium + shipping + applicable taxes = complete payment. All other items, other than coins, are your responsibility to contact either your shipper or our local shipper. Local shipper's contact information is located under our SHIPPING message. 26. A.E.S.S. does not guarantee the working condition of any mechanical items including watches, lamps, clocks, musical instruments, coin-op or any device that has an electrical or mechanical movement and we do not guarantee any repairs. Buyer is advised to check for themselves the condition of these items. If you place a bid on a third party site, that bid is a binding contract and you will be held responsible for your purchase. 27. These terms and conditions shall be governed by the Laws of the State of California. The exclusive venue for resolving any disputes arising from or related to these terms and conditions shall be in Orange County, in the State of California. If any action, suit or other proceedings is instituted that is related to, or arises from, these terms and conditions, the prevailing Party shall recover all of such Party's costs and attorney's fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions there from. ** ANY payments over $3,000 MUST be through bank wire transfer or money order ONLY. 28. This is the agreement in full and no edits will be made. GOOD LUCK and Thank you!!