Estate of Sue Parks and other Estates

INVOICING: Internet bid winners may receive one invoice for bid winning and a separate invoice for shipping and handling charges. Bid winners authorize the charges to be place on their credit card on file. Live auction attendee bid winners shall receive one invoice. INTERNET BIDDERS: Bidders are able to bid via the Internet through liveauctioneers. The auction business is not responsible for INTERNET, software and/or system failures in attempts to execute bidding. If leaving absentee Internet bids, please consider leaving a reasonable bid. The Internet venue will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until your bid is either successful or exhausted. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Internet bidders are subject to a 20% Buyer's Premium. ITEM REPRESENTATIONS: The auctioneer and auction house will identify items by common language but does not make any representations regarding the item value, estimated value, market value or any representation regarding condition, antiquity or age status. Buyer must make all of his/her personal item evaluations. LEGAL POSSESSION: Bidder's agree to inquire and conform to any legal requirements regarding buying, receiving, owning or storing an item before bidding on an item. By bidding the bidder professes he/she has a legal right to buy and receive an item. In Some Country's it is illegal to ship certain Items Such as Coins, Jewelry, and Gold & Silver. It is the buyer's responsibility from which you want items shipped, to know whether or not it is legal for us to ship. Illegal items will not be shipped. Terms and Conditions: By submitting your bid, you agree that: You have read and agree with the Auctioneer Terms and Conditions below and the AuctionZip Terms of Use Agreement You agree to pay a buyer's premium of up to 20% and any applicable taxes, shipping & handling fees. STANDARD TERMS AUCTIONEER/AGENT STATUS: The auctioneer acts as agent only, and under the terms of this contract shall not be liable for any default of the purchaser, bidder, consignor, seller, or vendor. AUCTION ABSENTEE BIDDING: Absentee bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via email, our website, INTERNET bidding websites, mail or fax. Absentee bidders agree to all terms and conditions. In terms of a tie bid between an absentee bidder and an auction floor bidder, the auction floor bidder will win the item at their amount bid. Although best effort is made, Auctioneer cannot guarantee the execution of absentee bids. AUCTION BIDS: All items are sold to the highest bidder. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. The auctioneer has the right to decline, reject, and or refuse any bid, from any venue. The auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid. AUCTION BIDDER'S CONTRACT: It is expensive to set up, prepare, lot, photograph, list and run an auction. We have auction expenses, staff labor expenses, and on line charges to run an auction. We rely upon our auction earnings for our living. If you do not fully intent to honor a bid and make funds available the same day, close of auction, please do not bid. This is your contractual agreement. Bidders who do not honor and pay for bids cost us time, money and expense. We are permitting your participation in this auction based upon your guarantee that you will honor and pay for your bids. Bidders who fail to pay for bid winnings eliminate our opportunity to have sold the item in an auction to a willing buyer. AUCTION APPROVED BIDDERS: Auctioneer reserves the right to rescind, reject, and or terminate any participants, participation in any auction conducted by Auctioneer, with or without explanation. AUCTION CONTRACT: By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale in the venue of in the State of Tennessee. AUCTION/AUCTIONEER LICENSES: The principal auctioneer is James J. Jarvis, Homestead Auctions AUCTION REGISTRATION: Bidders agree to ensure all registration and billing information is accurate and up to date at the time of registration. All bidders are required to complete registration, including; full name, address, phone, email, signature (hard copy or electronic) and valid and current driver's license number. Those not willing to disclose this information cannot participate in the auction. Auction House will not be held responsible for any delays or losses due to inaccurate or false information provided at the time of registration. Bidders who register and provide inaccurate or incomplete information which involves a credit card on file which cannot be charged for bid winnings on 1st attempt on the day of , or after an auction, loses all rights to purchase the item(s) at the sole option of the auction house. AUCTION EMPLOYEES: Employees and associates of the auctioneer are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. AUCTIONEER RIGHTS: The auctioneer shall have the right to sell or pass any item at auction without explanation of cause. BID ACKNOWLEDGEMENT: The auctioneer shall have the right to acknowledge bids, and recognize bidders, in the order as he observes them. BID CARD: Only the raising of a bid card is accepted as a bid by live auction participants. If you do not raise your bid card and you are missed the bid will go to the bidder who followed instructions on bidding. BID CARD RESPONSIBILITY: Bid winners are responsible for all winning bids made by the registered bid card number. Bid winners may NOT transfer any portion of their bid winnings to any other bidder, regardless of the other bidder's consent. BID CARD PAYMENTS: All bids must be paid for in full, prior to removing any item from the auction business property or place of auction. Only one method of payment may be used to pay for auction bid wins. No splitting of payments is permitted. BIDDER CHARGE BACKS: Bidders agree to pay all costs related to any "charge back" by banks and/or credit card companies, including fees, processing charges, collection cost, attorney and court costs. Any bidder who provides a credit card for charging auction winning bids, and later charges back the charge shall pay the auctioneer a $35.00 charge back administrative and processing fee in addition to the initial amount of the charge, regardless of by check or credit card, regardless of venue. Any person who refuses to pay such charges shall result in a suit for recovery of charges, fees and processing, brought in the State of Tennessee. BIDDER DEFAULTS: All bid winnings must be paid for by close of auction day or event, or process-able for payment, on or after close of auction day, by means of the credit card placed on file for that purpose with auctionzip.com during registering. Having and maintaining a valid credit card assigned during registration is a specific requirement and term of accepting a registration from all INTERNET bidders. In event a bidder fails to submit or enable payment for a winning bid on or after the date of auction, the bidder shall be in default or the bid terms and agreement. No portion of monies paid for an item shall be refunded in event of bidder default. All bidders agree that funds shall be available on the date of auction, regardless of method or venue by which payment is to be made. Failure to have funds available on a registered credit card the date of auction shall be deemed default. A credit card charge which is declined on 1st attempt shall constitute default. The bidder loses all rights to purchase an item in event of default. BID DISPUTES: Once the items is declared sold either by auctioneer saying sold or by calling the bid number. Tennessee state law requires selling the item to the party on which auctioneer claimed the item sold to. BIDDER PAYMENT: Our sellers are expecting payment in a timely manner. It is imperative that you have funds available on your credit card the day of auction. Bidder's may lose all rights to purchase any item on which payment does not clear on 1st attempt, regardless of venue or means of attempted payment processing. BIDDER RISK ACCEPTANCE: Bidder's agree to accept all risk related to purchasing any item at auction and agree to obtain inspections and necessary training in regards to the item ownership or use, exclusive at the bidder's cost. Bidders accept risk of loss or damage to any item which is won at auction, and in such cases the amount due for the item with all applicable charges shall not be diminished based upon item age or condition, and such charges shall remain fully in force. Bidders accept risk of loss or damage to any item left on auction house property, and/or stored by the auction house pending shipment to the winning bidder. Auction Business will take all reasonable precautions to protect items held in storage pending shipments but provides no insurance coverage for that purpose and bidder's agree the auction business stores items completely "at risk" to the bidders and/or winning buyer. BUYERS PREMIUM: A buyer's premium of 20% for Remote buyers. Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax. All bidders, regardless of venue by which they bid, are required to pay by close of day on the auction day event, regardless of the actual day the auction business processes credit card charges, and agree to authorize one charge for the item cost, and another charge for shipping charges. If payment is not received and or process-able with funds available on or after close of the auction event day, the auction house has the right to deem the sale "null & void" and a non-paying bidder feedback will be left. We reserve the right to verify funds on personal checks. CONDITIONS OF SALE: Bidders agree to accept all bid winnings "AS IS", "WHERE IS", without returns, warranty, exchange, refunds and credit. CORRESPONDENCE: Participant correspondence is time consuming and costly in staff time requirements. All participants agree to direct phone calls to 423-847-1076 ONLY, and e mail to : Homestead@epbfi.com ONLY, in corresponding with the auction house. All participants agree to respond to e mail messages sent via auctionzip.com from the auction house within two days of being sent to the participant. FITNESS INSPECTIONS & USER TRAINING: The auctioneer and auction business does not make any warranty related to any item sold at auction. Buyer's agree to arrange for obtaining advise, training, owner's manuals, technical manuals, formal inspection and evaluation of an item by a professional prior to any use and or handling, and accept full responsibility for failure to do so. SALES TAX: TN residents are required to pay applicable state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file. ILLEGAL ITEMS: Any item received for auction which is later determined to be illegally possessed, stolen or with any other claims, will be surrendered to the appropriate law enforcement agency, with all auction fees remaining fully due and in force, and such surrendered shall not void or reduce fees due the auction house from the consignor. INTEREST: Any interest earned on any funds deposited into account(s) of the auction house shall be earned income, distributed exclusively to the auction house. INTERNET BIDDING: On line/INTERNET bidders agree to accept risk of system failures, down time, inability to place a bid due to electronic conditions or failures, software failures or mishaps, as a condition of INTERNET bidding participation. In event of an INTERNET, software or operating inability to run the internet auction, the entire auction will STOP, until the INTERNET portion is back on line. If the INTERNET portion of the auction cannot be restored after thirty minutes of outage, the auctioneer may at his option, and without imposition of any penalty, suspend or re-schedule the auction for another day. All participant's agree to hold harmless, the auctioneer, in event such an instance takes place, and is a specific condition of participating in the auction. The auctioneer may at his pleasure, accept and process any absentee bids which are recorded. LOCAL LIVE AUCTION BUYER'S ITEM REMOVAL: All item bid winnings must be removed from the auction business by close of auction day or event, except when shipping is required by the winning bidder, otherwise storage charges shall apply and accrue, not to exceed thirty (10) days in totality. After 10 days in storage without storage payment, the item may be re-listed for auction, and sold regardless of price, payment of which shall be earned income of the auction house in consideration of storage charges, with no portion of the auction proceeds returned to the original bidder. SHIPPING: Shipping Charges are billed to your credit card separately from you bid winning invoice. One bid winnings have been paid, we wrap, pack, box, and transport items to the post office or UPS office where actual shipping is determined at that time. Upon return to our shop we bill your credit card for actual shipping plus a single charge of $7.50 for wrapping, packing, handling of your ship outs. If a winning bidder has shipments going out in one or more boxes, there is only one $7.50 packing, boxing, handling charge. If items do not fit into US Postal Service boxes and we have to purchase a special box to ship the item(s) a $15.00 per oversize box charge applies. Long items such as swords and rifles will always require an oversize long shipping box. Sometimes we can sufficiently wrap swords or rifles in bubble wrap and pack more than one sword or rifle in the same box to reduce costs. We reserve the right to make two charges to your credit card. One for the item and a separate charge for the shipping, for which the bidder agrees. Non shippable items, and items for which we cannot obtain a box, are totally the responsibility of the winning bidder. This means you as the winning bidder must make all arrangements to have the item picked up by the shipper, packed and boxed, and subsequently shipped. Our responsibility ends once your designated carrier/shipper picks the item up from the auction house and signs for it. All correspondence from that point forward would be between you and your carrier/shipper. We will store an oversize item for five (5) days from the close of auction date at no storage charge. On the sixth (6) day after close of auction, a five ($5.00) dollars per large item storage fee shall apply to large items, and a one ($1.00) dollar per day storage charge shall apply to smalls. No item shall be stored past thirty (10) days unless you contact the auction house 423-847-1076 and pay accumulated storage charges. Any bidder who fails to provide timely payment of accumulated storage charges after each thirty (10) days in storage shall be subject to having the item re-auctioned off to pay for accumulated storage charges, auctioned regardless of price, for which any monies receives shall be retained totally by the auction house as earned income, to satisfy administrative, processing and storage expenses. TELEPHONE BIDDERS: All telephone bids must be submitted no less than 24 hours prior to auction. Telephone bids may be submitted via email, our website, mail or e mail. Although best effort is made, Auctioneer cannot guarantee the execution of telephone bids. TERMS OF SALES: All goods are sold "AS IS" NO WARRANTY: All items are offered at auction as "NO WARRANTY", sold "AS IS" - "WHERE IS", no exceptions whatsoever. There is no warranty of fitness, merchant-ability of suitability for any purpose.BY BIDDING, OR CONSIGNING ITEMS, YOU AFFIRM THAT YOU ARE ENTERING A LEGAL CONTRACT AGREEMENT WITH THE AUCTION BUSINESS AND THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS CONTACT, WITHOUT EXCEPTIONS; Whereas I desire to participate in the auction as either/or a seller or buyer, I agree to the totality of terms as specified herein, and affirm that no verbal statements whatsoever, shall apply to this contract.