Frontier Times Western Auction

GENERAL TERMS: All persons desiring to bid must be registered and approved prior to the auction and must have obtained a Bidder's Number. Randall Hill Auctioneer, herein after referred to as the Auctioneer, reserves the right to add to or withdraw from the auction any items listed or not listed, to group individual lots into larger lots for sale, to subdivide lots into smaller lots forsake, or to sell all lots in bulk when it is in the best interest of the Seller. Changes to or additional terms and conditions, additions or deletions may be announced by the Auctioneer before ordering the course of the auction. All items are sold AS IS, WHERE IS with no warranty, expressed or implied. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied himself or herself as to its condition and value and to bid based upon that judgment solely. Security for purchases is the responsibility of the Buyer and begins immediately upon the sale of each lot. Removals are at the expense, liability and risk of the Buyer. Auctioneer shall not be responsible for goods not removed within the specified time period. Auctioneer shall not be responsible for non-delivery or for any other matter or thing to any purchaser of any lot, in any event. The Auctioneer is acting as Agent for the Seller and all representations made by Auctioneer are made on behalf of the Seller. The Auctioneer is not responsible for the acts or representations of the Seller. Any action or recourse will be directed to the Seller and not to the Auctioneer. Settlement must be made in full immediately upon the completion of the auction by cash (In House Only), cashier's or certified check, federal wire transfer of immediately available funds or check accompanied by a current original Bank Letter of Guarantee (to be presented upon registration for bids over $10,000) and all of the foregoing must be in form, scope and substance acceptable to auctioneer. Seller shall retain full security interest in all merchandise until full and complete payment is made to Seller or Randall Hill Auctioneers. Shipping, handling, taxes, insurance, storage and security charges will be calculated and paid at the time of payment at the auction. There is a buyer's premium of 10% in effect on this auction. The Buyer's Premium is a percentage that is added to the final purchase price of any item. The auctioneer shall charge and collect from each successful bidder a 10% buyer's premium for each sale at the auction, in addition to the purchase price as bid. Internet bidders will be charged a 15% Buyer's Premium. Merchandise not paid for and removed within the specified time period may be resold without notice. Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer's number. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute. All persons attending preparation, inspection, sale or removal of merchandise assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer formal liability therefore. The Auctioneer shall not be liable by reason of any defect in or condition of the merchandiser premises on which the sale is held. All descriptions of items for sale contained herein or provided orally or in writing at the time of the auction are believed to be correct, but the Auctioneer makes no representation or warranty, express or implied, as to the accuracy of any such description, and hereby specifically disclaims any such warranty. The Buyer specifically agrees and acknowledges that the use of the term "tested" as used to describe articles of jewelry means only that the Auctioneer believes that the article described has been tested as to the gold or silver content of the article described, but the Auctioneer makes no warranty that the item is as described. Likewise, the description of an article an previous ownership of item or the description of an article as being of a particular brand does not constitute any representation or warranty that the article is as described. The Buyer hereby agrees to rely solely on his/her own expertise to determine the value of any item purchased rather than the description of any article contained in the catalog or announced by the Auctioneer. The Buyer agrees that any item successfully bid upon will be paid for by the Buyer immediately following the conclusion of the auction and before departing the auction premises by delivery of cash (In House Only) or a check drawn on an account containing sufficient immediately available funds. To the extent that the bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price. The Buyer acknowledges and agrees that no "stop payment" order shall be issued or honored. The Buyer further agrees that a stop payment order or a check returned marked "insufficient funds" shall be considered prima-facie evidence of intent on the part of the buyer to defraud the Auctioneer at the time of delivery of the check. The Buyer agrees that the act of submitting a bid shall constitute acceptance of each and every term and condition contained herein and of any additional terms and conditions which may be posted at the auction or which may be announced by the Auctioneer. The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorneys fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party. Upon payment of any amount to Seller, the Auctioneer or its assigns shall be subjugated to all of the Seller's rights of recovery. The Buyer agrees that any and all disputes arising from this auction will be resolved solely through binding arbitration in Bexar County, Texas