Automobilia Auction

TERMS AND CONDITIONS OF SALE
The following are the terms and conditions that Aurora Galleries
International, Inc. (“Aurora”), as an auction house, establishes with
consignor as well as the terms and conditions under which Aurora,
acting as an agent on behalf of consignors, contracts with buyers. Both
buyers and consignor/sellers should read the terms and conditions
carefully.
1. Definitions:
Buyer: The Buyer is the person making the highest bid accepted by the
Auctioneer. Buyers may also be Consignors who retain their lots pursuant to
their consignment agreement with Aurora.
Seller: The consignor of lot(s) sold at Auction.
Lot: Item consigned with Aurora for sale at Auction, and identified by an
assigned lot number in a Catalogue.
Hammer Price: The dollar amount of the winning bid accepted by the
Auctioneer for a lot not including the Buyer’s commission.
Reserve: The confidential dollar amount below which a lot cannot be sold, as
contracted with the consignor/seller prior to Auction.
Buyers Commission: A charge of seventeen and one-half percent
(17.5%) of bids submitted by Buyers either live or via the mail, fax
or telephone OR twenty and one half percent (20.5%) of bids
submitted by Buyers via the Internet, of the hammer price of the lot.
This commission is added to the hammer price and other related fees (if
applicable) and totaled on the Buyers invoice.
2. Auctioneer:
This is a public Auction sale conducted by Aurora Galleries International,
Inc. and a bonded Auctioneer, (hereinafter referred to as “Auctioneer” and/
or “Aurora”).
3. Auction:
The Auction is a contract between Buyer and Seller for the purchase/sale of
the lot(s). This Auction is conducted and transacted only in United States
dollars, payable in cash in U.S. dollars through a United States bank located
within the country.
Aurora’s Auctions take place in a place determined solely by Aurora to be
conducive to the professional control of the sale and protection of
property. For this reason, Aurora retains the right, at its sole discretion, to
refuse admission to anyone wanting to participate in the Auction. In
addition, Aurora reserves the right to record the Auction via electronic
media (sound, video, etc.) for its own internal use only; no copies of these
recordings will be made available to consignors or Buyers unless Aurora, in
its sole discretion, chooses to do so.
4. Buyer Registration:
All potential Buyers desiring to participate in the Auction sale must have a
Catalogue and must register to bid prior to the Auction by completing a
Buyer Registration form included in the Catalogue. It is the responsibility of
the Buyer to accurately and legibly complete the Buyer Registration form
with the following information:
Ø Name, Shipping and Billing Address(es), City, State, Country, Zip
(no P.O. Boxes)
Ø Telephone and/or Fax Number & Email
Ø Signature and date on the Registration Form; Buyer understands
that unsigned registration forms will not be accepted and by
signing the Registration Form the Buyer agrees to abide by the
“Terms & Conditions of Sale.”
Ø Credit Application –Buyer must provide Aurora authorization to
run a credit check and his/her social security number.
Ø References – If Buyer has not established credit with
Aurora, Buyer agrees to send a 25% deposit, or furnish
credit references with contact information that can be
verified before the Auction.
Every Buyer must provide a valid credit card for registration. Every
Buyer must be prepared to show ID upon registration. Aurora
retains the right to approve all Buyers participating in the Auction.
Buyers not approved by Aurora will not be permitted to participate
in the Auction.
By submitting a bid, the Buyer acknowledges receipt of the
Catalogue, that the Buyer has read the Terms and Conditions of
Sale and the descriptions for the lot(s) on which they have bid, and
agrees to adhere to the Terms and Conditions of Sale. The Buyer
acknowledges that the invoice describing a lot by number
incorporates by reference the Catalogue and Terms and Conditions
of Sale. This agreement shall be deemed to have been made in
California.
Buyer will not be registered until (a) signed “Buyer Registration Form” and
“Absentee Bid Sheet” (if appropriate) forms are received by Aurora at least
forty-eight (48) hours before the Auction and (b) Aurora approves Buyer
for participation in the Auction. Buyer is solely responsible for accuracy of
completion of the Registration Form and Bid Sheet. Aurora will not accept
“Buy” or “Unlimited” bids.
Dealers must present a nonreturnable photocopy of their resale
cards at registration, which copy will be retained by Aurora and
must complete and sign an “Exempt From California Sales Tax”
form.
5. Bidding:
a) General
Bidding in this sale constitutes acceptance by the Buyer of all the Terms and
Conditions of Sale stated herein.
All items shall be sold in independent lots to the Buyer at the highest bid as
determined by the Auctioneer. The Auctioneer/Aurora may accept or
decline any bid, challenge any bid or bidding increment, at the Auctioneers/
Aurora’s exclusive discretion. Bids must be for an entire lot and each lot
constitutes a separate sale. No lot will be broken up unless otherwise
permitted by the Auctioneer. Lots will be sold in their numbered sequence
unless Auctioneer/Aurora directs otherwise. It is unlawful and illegal for
Buyers to collude, pool, or agree with another Buyer to pay less
than the fair value for lot(s). Buyers in the Sale acknowledge that
the law provides for substantial penalties in the form of treble
damages and attorneys’ fees and costs for those who violate these
provisions.
If a dispute arises, Aurora shall have the right to rescind any acceptance of
the bid and place the lot(s) for Sale again. Aurora’s decision shall be final.
For the Mail and Internet Buyer’s protection, no “unlimited” or “buy” bids
will be accepted. When identical bids are received for a lot, preference is
given to the first bid received as determined by the Auctioneer/Aurora. A
mail bid will take precedence over an identical floor bid; a Floor Buyer and
Telephone/Internet Buyer must bid higher than the highest mail bid to be
awarded any lot. Auctioneer/Aurora reserve the right to refuse any bid, to
reduce any mail bid received, to open the bidding of a lot at any level
deemed appropriate by Aurora/Auctioneer and to determine the prevailing
bid, at Aurora’s sole discretion.
Aurora recommends the Buyer research the market value of lots the Buyer
is interested in bidding on by checking price histories, price lists, appraisers
or other alternative price guidelines prior to placing a bid.
Lot(s) may carry a reserve, which is a confidential price or bid below which
the Auctioneer will not sell an item or will repurchase on behalf of the
Consignor or for Aurora.
The Auctioneer may open or accept the bidding on any lot by placing a bid
on behalf of the Consignor or his or her agents or a Buyer by mail,
telephone, Telefax, Internet or any other participant in the sale.
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If Buyer bids through an agent, the agency must be disclosed in writing to
Aurora prior to the Auction Sale. If the agency is not disclosed, Aurora may
choose to rescind the sale and otherwise the benefits of the warranty shall
not transfer to the undisclosed Buyer and instead shall be limited to the
agent.
All Buyers who examine lot(s) prior to the Auction Sale, personally assume
all responsibility for any damage that Buyer causes while handling or
examining lot(s). Aurora has exclusive discretion in ascertaining the value
of any damage caused, which shall be promptly paid by the responsible
Buyer.
Pursuant to a separate agreement with Aurora, Consignors or their agents
may be permitted to bid on their own lots in the Auction sale and may
receive a rebate commission in whole or part if successful. Where the
Consignor has repurchased a lot and the lot is either returned to the
Consignor or otherwise dealt with or disposed of in accordance with the
Consignor’s direction, or pursuant to contractual agreement, Aurora
reserves the right to so note in the prices realized or to omit a price from
the price realized list.
Aurora reserves the right to bid on its own account at any Auction sale.
Aurora reserves the right to include in any Auction sale its own
consignments as well as consignments from affiliated or related companies,
principals, officers or employees. Aurora may have direct or indirect
interests in these, or other items, and may collect commissions. THIS
PARAGRAPH SHALL BE DEEMED A PART OF THE DESCRIPTION OF
ALL LOTS CONTAINED IN THE CATALOGUE.
Buyer acknowledges and agrees that Aurora may not be required to pay a
Buyer’s Commission, or other charges and/or fees that other Buyers may be
required to pay and may have access to information concerning the lot(s)
that is not otherwise available to the public, for example a Consignor’s
reserve. Any claimed conflict of interest or claimed competitive advantage
resulting therefrom is expressly waived by all participants in the Auction.
AURORA IS NOT RESPONSIBLE FOR ANY MISTAKES IN
BIDDING. Buyer is responsible to bid on the correct lot(s) and
acknowledges that the Buyer is willing and able to pay the maximum bid
amount bid PLUS the Buyer’s Commission and any and all related fees and
charges. Once the hammer has fallen and the Auctioneer announces the
winning Buyer, the Buyer is unconditionally responsible to pay for the lot,
even if the Buyer has made a mistake.
Buyer acknowledges that, in the instance of an error/discrepancy
between the photograph of a lot and the written description in the
Catalogue, in all instances, the written description of the lot(s)
shall be construed as the accurate representation of the lot. All
written descriptions in the Catalogue are subject to Errata Corrections,
posted by Aurora on the Internet or printed and distributed
by Aurora at the Auction or with the Catalogue. Buyer acknowledges
that it is the Buyer’s responsibility to obtain a copy of the
errata sheet prior to bidding. Buyer may not revoke a Bid based on
an error in the description for a lot for which an Errata Correction
was published by Aurora.
Buyer acknowledges and agrees with the following: Grading is a process by
which an estimated value of a lot is determined. Two people may not grade
the same item alike; and as market conditions change, grading standards
may changes as well. Grading is an educated opinion; it is not an established
fact. The grade and estimated value herein represent the opinion of Aurora
and/ or its Consignor(s)/Sellers. Every Buyer’s individual examination of the
item(s) is the determining factor and not the grade determined by others.
Every reasonable effort is made by Aurora to ascertain provenance and
authenticity. It is the Buyer’s responsibility to determine value prior to
bidding. In any purchase or sale, the value of the item(s) is determined by
the price. THE BUYER HEREBY ASSUMES ALL RISKS OF VALUE
CONCERNING ANY AND ALL PURCHASES. Bids will not be accepted
from persons under eighteen (18) years of age.
Aurora retains the right, at its sole and absolute discretion, to make loans or
advances to Consignors and/or Buyers.
b) Absentee Bidding
Absentee bidding allows the Buyer to participate in an Auction as though
the Buyer were there. It is the Buyer’s responsibility to identify those lots
the Buyer is interested in bidding on and to record them accurately on the
Absentee Bid Sheet. Prior to bidding, the Absentee Buyer must complete the
“Buyer Registration Form” and “Absentee Bid Sheet,” and then mail or fax
it to Aurora at least 48 hours in advance of the Auction.
6. Buyer’s Commission:
A Buyer’s Commission on each individual lot will be added to all purchases
made by Buyers, except for re-acquisitions by Consignors, regardless of
affiliation with any group or organization, and will be based upon the total
amount of the final bid. A reacquisition charge may apply to Consignors
pursuant to a separate agreement, which may be higher or lower than the
Buyer’s Commission.
7. Payment by Buyers:
Payments are to be made by check, cashier’s check, wire transfer or major
credit card. Aurora must be contacted in advance for wiring instructions
before sending a wire transfer. All wire transfer fees, including fees charged
to Aurora for receipt of a wire transfer, customs fees and duties are the
responsibility of the Buyer. Buyers are responsible for providing satisfactory
credit references or to deposit a minimum twenty-five percent (25%) of
their total bids for the relevant Auction or any other amounts as Aurora
may, in its sole and absolute discretion, require before bids will be accepted.
Deposits will be applied to the Buyers invoice. Remaining deposits will be
promptly refunded, upon clearance of the funds. All payments must be made
within ten (10) days of the buyer’s receipt of invoice, otherwise the sale will
be rescinded, one-payers will be reported to the relevant internet auction
house, and the bidder will not be allowed to participate in any future Aurora
auction. A Treasury Form 8300 will be filed on all cash transactions whose
aggregate total exceeds $10,000.
Fees in addition to the Buyer’s Commission may be assessed to Buyer’s
purchases if applicable, to include (but not limited to) taxes, freight,
handling, postage, insurance and/or any and all other fees and taxes
mandated by law. Any fee or tax not collected by Aurora from the Buyer
due to oversight, error, negligence, mistake or retroactive legislation/
taxation, is the responsibility of the Buyer. Buyer acknowledges and
agrees to pay all fees, taxes, interest and penalties promptly upon
demand.
Lots must be paid for by the earlier of receipt of invoice or delivery. At
Aurora’s discretion, Aurora may allow a dealer to receive Lots upon
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Aurora’s receipt of a currently dated check that Aurora will hold for thirty
(30) days before depositing. On any accounts past due, Aurora reserves the
right to extend credit and impose periodic charges. If any invoice is not paid
for in full when due per invoice terms, the unpaid balance will earn interest
at the rate of one-and-one-half percent (1-1/2%) per month until it is paid
in full. In the event this interest rate exceeds the interest permitted by law,
the interest rate will be adjusted to the maximum rate permitted by law.
Buyer agrees to pay all reasonable attorneys’ fees, court costs and other
collection costs incurred by Aurora or any affiliated or related company to
collect past due invoices. Aurora reserves the right to assign its interest to
any third party.
Buyer personally and unconditionally guarantee payment(s) that are due or
owed or become due or owed to Aurora. If the Buyer is a corporation, the
corporate representative attending the sale shall provide Aurora, upon
registration, with a statement signed by each principal, director and officer
that they personally, jointly, severally and unconditionally guarantee any
and all current or future obligations owed to Aurora.
Buyer grants to Aurora or its assigns the right to offset any sums
due, or found to be due to Aurora, and to make such offset from any
past, current, or future consignment that are in the possession or
control of Aurora; or from any sums due to Buyer by Aurora. Buyer
further grants Aurora a security interest in such sums or items to
the extent applicable. Buyer agrees that Aurora or its assigns shall
be a secured party with respect to items bought by Buyer and in the
possession of Aurora, to the extent of the maximum indebtedness,
plus all accrued expenses attorney fees and costs, until the
indebtedness is paid. Buyer grants Aurora or its assigns the right to
file a UCC on such items without need for Buyers signature, and to
assign such interest to any affiliated or related company or any
third party deemed appropriate by Aurora.
Aurora reserves the right to refuse to release lots to the Buyer for which
good funds have not been received. If a successful Buyer fails to make
payment when due, Aurora reserves the right to resell the lot(s) in a
commercially reasonable manner, which may include a private sale. Buyer
agrees to pay for the reasonable cost(s) in the event of such a sale, in
addition to any related costs of sale, including reasonable attorneys’ fees and
costs, cataloging and any other reasonable charges.
Buyer acknowledges and agrees that any Buyer who does not complete his/
her purchase of the lot(s) from the Auction by making payment for the
lot(s) as required under these Terms and Conditions shall be not be allowed
to participate as a Buyer in future Auctions conducted by Aurora.
8. Shipping:
After the sale, it is the Buyer’s responsibility to contact Aurora to arrange
shipping and packaging. Aurora will only ship in the U.S. by UPS, Federal
Express or DHL or common carrier. In compliance with all local, state,
federal and international regulations, the full value of lots is always declared
for shipping and insurance purposes. Shipping and handling charges which
will be charged to the Buyer include the cost of shipping, insurance,
packaging material and any fuel surcharges imposed by UPS, Federal
Express, DHL or any other carrier. All lots will be shipped insured for the
value of the lot plus Buyers commission but not including shipping charges.
Aurora will not assume responsibility for the shipping and packaging of
certain larger items or items of a more fragile nature sold in the Auction as
identified in the Catalogue as requiring professional shipping or crates. Due
to the fragility of some items, Aurora may charge additional shipping and
handling fees for such items. “Framed” lots are shipped at the Buyer’s risk.
For items designated in the Catalogue as requiring professional packing and
shipping, it will be the responsibility of the Buyer to make all packing and
shipping arrangements.
Claims for any goods damaged during shipping will be submitted to the
appropriate carrier or freight company for insurance reimbursement. Buyer
agrees to cooperate with Aurora to follow insurance reimbursement
protocol required by the carrier and will, at the request of either Aurora or
the carrier, allow or arrange inspection of the damaged goods, assist in
preparation of any paperwork involved in submitting the claim for
insurance reimbursement and obtain estimates of repair costs.
Any lot shipped in error will be immediately returned to Aurora from the
Buyer upon notification to Buyer by Aurora of incorrect shipment. If for
some reason a lot cannot be recovered from Buyer to whom it was
erroneously sent, Aurora will generate and Buyer who should have received
the lot will accept, a refund of all monies paid for the lot (e.g. hammer
price, Buyers premium, shipping, handling, taxes. insurance et al) as
settlement in full, which, once tendered by Aurora, relieves and releases
Aurora from any responsibility whatsoever to the Buyer, even if the
instrument is not cashed or is returned.
9. Returns:
For those Buyers participating in the Auction sale via mail, Telefax
or Internet who have not had the opportunity to see the lot(s), if
there is a material error in the Catalogue description, the lot may
be returned if written notice is received by Aurora within five (5)
calendar days of receipt of the lots by Buyer. Returned lot(s) must
be received by Aurora no later than twenty-one (21) calendar days
after receipt of lots by the Buyer and must be in the same condition
delivered to the Buyer, and in their original containers. Payment
by Buyer for purchase of lot later than 30 days from receipt of
Aurora notification of amount due for the lot will void and cause to
be revoked all return privileges.
THIS IS NOT AN APPROVAL SALE. Buyers who physically attend the
Auction Sale, either personally or through an agent (“Floor Buyers”) should
carefully examine all lots that they are interested in purchasing. Buyers who
bid by telephone or Internet, either personally or through an agent, receive
a similar benefit as Floor Buyers in being able to actively participate in the
live Auction Sale (Telephone Buyers). Therefore, except as otherwise
provided in these Terms and Conditions of Sale, NO LOT MAY BE
RETURNED THAT IS PURCHASED BY A FLOOR BUYER, A
TELEPHONE BUYER, ANY OTHER BUYER WHO HAS HAD AN
OPPORTUNITY TO VIEW THE LOTS.
10. Warranties and Disclaimers:
This Agreement supersedes all other prior agreements or understanding with
respect to the subject matter hereof. This agreement may only be amended
or supplemented by an agreement in writing signed by both parties hereto.
Successors in interest to this Agreement inures to the benefit of, and shall be
binding upon the heirs, administrators, successors, and assignees of the
parties hereto.
Each person executing this Agreement in a representative capacity
represents and warrants that he is empowered to do so.
CA Civil Code § 1740 et. seq., which applies to certain prints, photographs,
and/or sculpture casts, will be sold with an accompanying Certificate of
Authenticity containing express warranties of the information set forth
therein (“Fine Prints”). Unless, otherwise set forth herein, all other items
and lot(s) sold at the Aurora Auction are sold with a limited warranty that
the item sold is authentic. Any other warranty is expressly disclaimed.
Any claims regarding a lack of authenticity must be made within one (1)
month from the date of the Auction and may only be made by the original
Buyer of record at the Auction.
Any claims disputing the authenticity of an item sold at the Auction sale
will be submitted to experts selected solely at Aurora’s discretion who will
utilize methods of verification the same as used by Aurora. Buyer
acknowledges decision of said expert(s) will be final and binding. Scientific
processes not generally accepted for use at the time of the Auction Sale or
those that are unreasonably expensive or impractical are excluded as
methods of verification.
If a successful challenge to the authenticity of any lot(s) results, Aurora
agrees to reimburse the respective Buyer in an amount equal to the
successful bid price actually paid by Buyer at the Auction sale plus any
Buyer’s Commission, and other fees actually paid, in full and complete
satisfaction of all claims, which once tendered by Aurora, relieves and
releases Aurora from any responsibility whatsoever to the Buyer, even if
the instrument is not cashed or is returned.
Large lot(s) or lot(s) described as being “sold as is” are not returnable for
any reason whatsoever, either partially or in full.
No warranty, express or implied, including a warranty of merchantability, is
made with respect to any grade description which description Buyer
acknowledges as only an opinion that is likely to differ, even among
experts.
Aurora reserves the right to withdraw any lot at any time, even after the
hammer has fallen, until the Buyer has taken physical possession of the lot.
No Buyer shall have a right to claim any consequential damages if a lot is
withdrawn, even after the Auction.
No employee or agent of Aurora has authority to vary or alter these Terms
and Conditions of Sale. Any alteration shall be effective only in writing and
signed by an authorized Aurora officer. Except as set forth in the Certificate
of Authenticity for Fine Prints, all oral and written statements made by
Auctioneer/Aurora and its employees are statements of opinion only, and
are not warranties or representations of any kind.
Buyers shall not have recourse against Consignors.
Buyer expressly consents to the following Waiver and Release: Buyer, for
himself, his heirs, agents, successors and assigns, generally and specifically
waives and releases, and forever discharges Aurora, and its respective
affiliates, parents, shareholders, agents, subsidiaries, employees, members of
their respective boards of directors, and each of them, and their respective
successors and assigns from any and all claims, rights, demands and causes of
action and suits, of whatever kind or nature, whether in law or equity,
whether known or unknown, suspected or unsuspected, which Buyer may
claim to have with respect to and/or arising out of, or in connection with
any challenge to the title to any goods purchased, the sale itself, and/or the
Auction, except where such reimbursement is otherwise authorized in these
Terms and Conditions of Sale.
It is the intention of Buyer that this waiver and release shall be effective as
a bar to each and every claim, demand, cause of action and suit that may
arise hereunder, and Buyer hereby knowingly and voluntarily waives any and
all rights and benefits otherwise conferred upon him by the provisions of
Section 1542 of the CA Civil Code, which reads in full as follows: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.”
Title to any lot remains with Consignor, any secured party of the
Consignor, or Consignor’s assigns, as the case may be, until the lot is paid
for in full by Buyer. Aurora reserves the right to require payment in full
before delivering any lot to the successful Buyer. If any Lot(s) is
confiscated or seized by a governmental agency for any reason relating to
the Consignor’s right or authority to consign the Lot for Auction or in
satisfaction of any debts or amounts due to a governmental agency, Buyer
agrees to indemnify Aurora against any and all claims for damages or
responsibility resulting from the confiscation or seizure of the Lot(s) and
relieves Aurora from the responsibility to deliver the Lot or to refund any
amounts paid by the Buyer for the Lot.
It is the Buyer’s responsibility and obligation to have the lots fully insured
while in his or her possession. Buyer assumes any and all RISK OF LOSS
while the lot(s) is in Buyer’s possession.
If a dispute arises concerning ownership of a lot that has been bid upon,
Aurora reserves the right to commence a statutory interpleader proceeding
at the expense of the Consignor and successful Buyer and any other
applicable party, and in such event shall be entitled to its reasonable
attorneys’ fees and costs.
All scans and photographs in this Catalogue are of the actual items being
sold, but in most instances the photographs are not the actual size, scale or
color. Reference Section 5: Bidding regarding Errata Corrections.
Aurora retains the right to cancel or postpone the Auction sale or any
session thereof for a reasonable period of time for any reason whatsoever.
No Buyer shall have any claim as a result thereof, including incidental or
consequential damages.
Neither Aurora nor any affiliated or related company shall be responsible
for incidental or consequential damages arising out of any failure of the
Terms and Conditions of Sale, the Auction or the conduct thereof and in no
event shall liability for any such failure exceed the purchase price, premium,
or fees paid.
Rights granted Buyers under the within Terms of Conditions of Sale are
personal and apply only to the Buyer who initially purchases the lot(s) from
Aurora. The rights may not be assigned or transferred to any other person
or entity, whether by sale of the lot(s), operation of law or otherwise. Any
attempt to assign or transfer any such rights shall be absolutely void and
unenforceable. No third party may rely on any benefit or right conferred by
these Terms and Conditions of Sale.
If the Buyer fails to comply with one or more of these Terms and
Conditions of Sale, then, in addition to all other remedies that it may have
at law or in equity, Aurora may at its sole option, either (a) cancel the sale,
retaining all payments made by Buyer as liquidated damages, it being
recognized that actual damages may be speculative or difficult to compute,
or (b) sell a portion or all of the lot(s) held by Aurora, in a quantity
sufficient in the opinion of Aurora to satisfy the indebtedness, plus all
accrued charges. More than one such sale may take place at the option of
Aurora. Notice of this sale shall be by email, fax, or U.S.P.S. Certified Mail,
Return Receipt Requested to the address utilized on the Bid Sheet, Auction
Consignment and Security Agreement or other last known address by
Aurora. Such sale will be at Aurora’s standard commission rates at public or
private sale. The proceeds shall be applied first to the satisfaction of any
damages occasioned by Buyer’s breach, then to any other indebtedness owed
to Aurora, including without limitation, commissions, handling charges, the
expenses of both sales, reasonable attorneys’ fees, costs, collection agency
fees and costs and any other costs or expenses incurred. Buyer is also liable
to Aurora if the proceeds of such sale or sales is insufficient to cover the
indebtedness.
These Terms and Conditions of Sale and the Auction shall be construed and
enforced in accordance with, and governed by, the laws of the State of
California in the county of Ventura, regardless of the location of the
Auction Sale. Each party to this agreement hereby agrees that any dispute
arising under this agreement or any of its provisions shall be submitted to
binding arbitration in the county of Ventura in the state of California and
not elsewhere. It is further agreed between Consignor/Buyer and Aurora that
arbitration shall be binding and final on all parties and both parties waive
their right to seek remedies in court including a right to a jury trial. Each
party further agrees that the prevailing party will be reimbursed for costs
and expenses incurred in connection with the arbitration by the other party.
If any section of these Terms and Conditions of Sale or any term or
provision of any section is held to be invalid, void, or unenforceable by
arbitrator or by any court of competent jurisdiction, the remaining sections
or terms and provisions of a section shall continue in full force and effect
without being impaired or invalidated in any way.
Aurora welcomes you to our Auction, and hopes you find something special
for your collection. We’ve worked hard to assemble an interesting array of
lots, and wish you the best of luck in your bidding