Huntington Beach, CA, United States
DoneSat, Mar 27, 2010 6:00 PM UTC
Hollywood Entertainment Museum III
Super Auctions presents....Almost One Hundred Years of Hollywood History To Benefit Media Arts Education For At-Risk Youth.
Auction & Auctioneer Information
Friday, March 26 12:00 PM to 5:00 PM Saturday, March 27 9:00 AM to 11:00 AM
Terms & Conditions
Super Auctions Terms and Conditions for the Online Auction with Live Auctioneer Audio Streaming being conducted on Saturday, March 27, 2010 ("Auction"). Super Auctions, a California Corporation ("Auctioneer") and all bidders ("Bidders") at the Auction agree that the terms and conditions (Auction Terms and Conditions) set forth below shall govern the Auction. 1. Eligibility. All Bidders must be eighteen (18) years of age or older and shall have completed all registration requirements of Auctioneer. Auctioneer reserves the right, in its sole discretion, to deem any Bidder ineligible. 2. Buyer's Premium. Buyer's Premium equal to fifteen percent (15%) of the final successful bid price shall be added to the final successful bid price for each item purchased Live/Onsite, and a Buyer's Premium equal to eighteen percent (18%) of the final successful bid price shall be added to the final successful bid price for each item purchased on the Online Auction (Live Auctioneers.com). The Buyer's Premium shall be paid directly to Auctioneer. 3. Conditions of the Auction. Auctioneer reserves the right to accept bids in any increments as determined by Auctioneer in its sole discretion and reserves the right to waive or modify any previously printed or announced requirements. All Auction day announcements by Auctioneer supersede any printed material or any other Auction statements previously made. Auctioneer may elect to cancel the Auction, or withdraw any item or items from the Auction, without penalty and without notice at any time prior to the start of the Auction. Auctioneer may, at its sole discretion, rearrange the order or sequence of the Auction, modify the Auction terms and conditions set forth herein, and reject any or all bids. An Auction of any item may have a reserve price (which reserve price may or may not be disclosed to Bidders), and if such reserve price is not met, such item shall not be sold. 4. Bidding. All bids placed by a Bidder shall constitute a legal offer to buy the item at the stated bid amount. All bids, once made, are non-cancelable and cannot be retracted. If a Bidder's bid is the successful bid, such bid shall constitute a binding legal contract between the successful Bidder to buy, and the Seller to sell, the item at the successful bid price. Auctioneer reserves that right to reject any and all bids in its sole discretion. 5. Payment by Successful Bidder. Payment in full is due and payable by all successful Live/Onsite Bidders on the day of the Auction immediately following the conclusion of the Auction. Payment in full is due and payable by all successful Online Auction Bidders within twenty-four (24) hours after delivery to such successful Bidder of an invoice billing notice to such Bidder's e-mail address on file with Auctioneer through LiveAuctioneers.com. Bidders acknowledge and agree that the successful Bidder shall be responsible for: (i) the payment of all applicable State, County and Local sales taxes, and that such taxes shall be added to the aggregate of the successful bid price and the Buyer's Premium amount, (ii) all shipping and handling fees and arrangements thereof, (iii) all insurance costs relating to any such Auction item purchased by such successful Bidder, and (iv) all duties, customs charges and similar fees. All successful Bidders that are residents of California shall be responsible for the payment of all applicable sales taxes unless a valid resale permit and exemption form is submitted to Auctioneer prior to or at the time of registration. All payments must be made by American Express, Cash, Discover, Master Card, PayPal, Visa or Wire Transfer. No other forms of payment are acceptable. All bids are in US Dollars and all payments shall be paid in US Dollars. 6. Items Sold As-Is. Auctioneer makes no representation or warranty as to accuracy of the item descriptions, measurements, the authenticity, or the condition of the items being sold and shall not be held liable for any inaccurate description (whether made in writing or orally) of any item, nor for any damage, defects or condition of the items being sold. The item descriptions, measurements, colors and photographs are only being provided as a general guidance for the Bidders. Each Bidder acknowledges and agrees that (i) items were or will be made available for public preview and Inspection which is scheduled for Friday, March 26, 2010 between the hours of 12:00 PM and 5:00 PM, as well as the morning of the scheduled Auction date, March 27, 2010, between the hours of 9:00 AM and 11:00 AM; (ii) in addition, items were or have been photographed and made available to the public for preview online through LiveAuctioneers with photographed lots beginning to be posted online on March 1, 2010; (iii) he/she has been strongly advised to personally and carefully inspect each item in which Bidder has any interest, and (iv) he/she is relying solely on his/her personal inspection of the items and not on any photographs and/or description or other information by or from Auctioneer. ALL ITEMS WILL BE SOLD AS-IS, WHERE-IS WITH NO WARRANTIES, NO GUARANTEES AND WITH ALL FAULTS. The implied warranties of merchantability and fitness for a particular purpose, and all other warranties, either expressed or implied, are specifically excluded from the sale of the Auction items. All Bidders have been advised to not use any items purchased from the Auction for any functional use as Auctioneer expressly disclaims any guarantee or warranty regarding all items being sold at the Auction. Each Bidder hereby understands and agrees that Bidder assumes all risks of loss, damage or injury, whether personally, to others, or damage to property, arising from the use of items sold at the Auction. Furthermore, Bidder hereby releases Auctioneer from any and all claims, damage, losses or injuries or other costs incurred in connection with Bidder's use of any of the items sold at the Auction. 7. No Exchanges or Returns. All sales made at the Auction are final and there will be No Returns or Exchanges for any item sold at the Auction. There will be no exceptions to this term. 8. Delivery and Shipping. Following the payment in full of all amounts payable by the successful Bidder (including, without limitation, the bid price, Buyer's Premium, all shipping costs, and all sales taxes), it is the sole responsibility of the successful Bidder to remove their items purchased from the Auction location no later than the removal schedule listed below in section 8a (unless alternate removal arrangements have been made with Auctioneer in writing prior to the Auction). For those successful Bidders who are not able to remove their items within the time periods set forth above, but have written prearranged shipping arrangements with Auctioneer, Auctioneer shall endeavor to ship such items within seven (7) business days (or such other period as may be set forth in such prearranged shipping arrangements) after full payment of all amounts payable by the successful Bidder has been received by Auctioneer. Except as otherwise expressly set forth in any such prearranged shipping arrangements, shipping of all small items by Auctioneer shall be made via standard shipping and handling offered by the United States Postal Service, Federal Express, or any other national or regional courier service selected by Auctioneer in its sole discretion. All Bidders acknowledge and agree that any prearranged shipping that has been arranged for small items may take up to three (3) weeks from the date payment is received in full by Auctioneer to be delivered to the successful Bidder. To the extent a Bidder desires to make any prearranged shipping arrangements with Auctioneer (or any other shipping arrangements, including any expedited shipping arrangements), it shall be the sole responsibility of Bidder to contact and make such arrangements with Auctioneer prior to the Auction date (and Auctioneer shall be under no obligation to agree to any such arrangements). International shipping rates and rates to Alaska, Hawaii or Puerto Rico shall be available to Bidders upon their request. The successful Bidder shall be responsible for the payment of all shipping costs and fees. Notwithstanding anything to the contrary contained herein, all Bidders acknowledge and agree that (a) Auctioneer shall have no obligation or responsibility regarding the shipment or delivery of any oversize items that cannot be shipped by standard means, and (b) the successful Bidder shall, at his/her sole cost and expense, make all necessary arrangements for the pickup and removal of all such oversize items and items that are not shippable by envelope (such as a Federal Express Envelope size) or small package from Auctioneer not more than the removal schedule below in section 8a by a freight forwarder selected by the successful Bidder (provided that such freight forwarder or shall be required to provide Auctioneer with proof of liability insurance prior to any removal or packaging work that they may do at the Auction site). If any Bidder requires assistance with specialized packaging and freight forwarding arrangements, such Bidder may contact Mr. Alan Moore of Navis Pack & Ship directly at (949) 458-3672 (provided, however, that Bidder expressly acknowledges and agrees that Navis Pack & Ship is not acting as an agent of Auctioneer, any arrangements made by Navis Pack & Ship and Bidder shall be solely between Navis Pack & Ship and Bidder, and Auctioneer shall not be responsible or liable for any act, omission or other matter relating to Navis Pack & Ship). Bidders acknowledge that articles of clothing and electronics may no longer be shipped to Mexico due to current revisions in Customs Regulations. 8a. Removal Schedule: The removal schedule for this auction shall be as follows: Unless alternate shipping, pickup or freight forwarding arrangements have been prearranged, all items purchased must be removed from Super Auctions Corporate Office located at 5882 Bolsa Avenue, Suite 130, Huntington Beach, California 92649 by the removal schedule outlined below: March 27, 2010 12:00 PM to 5:00 PM March 29, 2010 9:00 AM to 5:00 PM March 30, 2010 9:00 AM to 5:00 PM March 31, 2010 9:00 AM to 5:00 PM April 1, 2010 9:00 AM to 5:00 PM April 2, 2010 9:00 AM to 5:00 PM 9. Storage Fees. All Auction items shall become the full responsibility of the successful Bidder upon the conclusion of the Auction for such item, and Buyer assumes all risk of loss and damage to property from and after such time. Bidders acknowledge and agree that any and all Auction items will not be released to the successful Bidder until Auctioneer has received payment in full of all amounts payable hereunder. Subject to any shorter time periods within which the successful Bidder is to remove the purchased item from Auctioneer's location as set forth herein, all purchased items must be fully paid for by the successful Bidder no later than one (1) calendar day from taking receipt of bidder's invoice and removed from Auctioneer's location by the successful Bidder at his/her sole expense by the removal schedule listed above in Section 8a. For each item remaining with Auctioneer following the time period required for such removal as set forth herein (whether such item remains with Auctioneer due to the successful Bidder's failure to pay all amounts due, failure to timely make arrangements for the pickup and delivery of such item, or otherwise), the successful Bidder shall be charged a $25.00 storage fee per item, per day (provided that for any oversize items, the successful Bidder shall be charged a daily storage fee as reasonably determined by Auctioneer to store such oversize item, not to exceed $50 per day). 10. Purchase Default. If any successful Bidder fails to timely pay for any item in the manner set forth herein, in addition to all other rights and remedies available to Auctioneer and to Seller, including, without limitation, the right to hold the successful Bidder liable for the total successful bid price, the Buyer's Premium, and all other amounts payable hereunder, Auctioneer may, at its sole election (i) cancel the sale to such successful Bidder and/or resell the item or items to another person or entity via Auction or any other method (without any liability or obligation to such successful Bidder), (ii) continue to hold such items and collect the storage fees applicable thereto until such time that such Bidder pays in full all amounts payable hereunder, or (iii) bring an action for specific performance. In the event of any default by any successful Bidder, such Bidder shall pay all reasonable costs of any resale, any deficiency amount by which the original sales price to such Bidder exceeds the sales price upon resale, and all other costs and expenses relating to or arising from such default (including, without limitation, attorneys fees, late fees, collection fees, storage fees and other incidental expenses). 11. Dispute Resolution. Auctioneer's decision is final in the event of a dispute between Bidders over any Auction matter. In the event of any such dispute, Auctioneer may, at its sole and absolute discretion, reopen the bidding between the disputing Bidders and/or cancel the sale and reopen the bidding to any and all Bidders. In the event of a tie bid between two or more Bidders (including Live/Onsite Bidders and Online Auction Bidders), the Auctioneer's determination as to which Bidder is the successful Bidder shall be binding and final. 12. Indemnification. All Bidders agree to indemnify and hold Auctioneer, its owners, affiliates, employees, directors, members and agents ("Auctioneer Parties"Â), harmless from and against any and all claims, demands, liabilities, losses, costs (including reasonable attorneys fees) related to, arising from or associated with, any breach of these Terms and Conditions by such Bidders, and any act or omission of such Bidders (including, without limitation, all personal injuries and property damage incurred on the Auction location or during the transport of any Auction items. All Sellers agree to indemnify and hold Auctioneer Parties harmless from and against any and all claims, demands, liabilities, losses, costs (including reasonable attorneys fees) related to, arising from or associated with, any breach of these Terms and Conditions by such Sellers, and any act or omission of such Sellers (including, without limitation, all personal injuries and property damage incurred on the Auction location or during the transport of any Auction items. In no event shall Auctioneer's liability to any Bidder or Seller for any act or omission occurring in connection with the Auction exceed the amount of any Buyer's Premium received by Auctioneer in connection with the item in dispute. In no event shall Auctioneer be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost. Auctioneer shall be held harmless by Buyer and Seller should the sale of any Auction item fail to be successfully completed for any reason. 13. Technological Malfunctions. Bidders acknowledge that the Online portion of the Auction is to be conducted electronically and relies on hardware, software and internet communication lines that may malfunction at any time. Auctioneer shall not be responsible or liable in any way for any interruption in service, delays, errors and/or omissions, whether caused by a malfunction on LiveAuctioneers.com online computer auction bidding platform, Auctioneer's computer equipment, Bidder's computer equipment, communication lines, or otherwise. Auctioneer may, in its sole discretion, void any sale, suspend the Auction (including the bidding process) and re-sell any items that were affected by any technological issues, and any such determination by Auctioneer shall be conclusive and final. 14. Miscellaneous. These Terms and Conditions shall be governed by the laws of the State of California. Bidders expressly consent to jurisdiction over any disputes that may arise hereunder in the State of California, and that any and all claims or actions shall be brought and maintained only in Orange County, California to the exclusion of any other venue, locale or jurisdiction. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision shall be deemed deleted and the remaining provisions shall be enforced. These Terms and Conditions may be amended at any time by Auctioneer and any such amendment shall be effective upon delivery of a copy of the same to Bidders or upon the posting thereof on Auctioneer's website. By registering to bid at this Auction, or actually bidding at this Auction, whether in person or online, the Bidder acknowledges and agrees that he/she has read and understands all of these Terms & Conditions and agrees to be fully bound thereby. ©Super Auctions 2010 Auction Terms and Conditions -------------------------------------------------------- Disclaimer for the Max Factor Collection: In making Hollywood Entertainment Museum ("HEM") a gift of the items in 1994, Noxell Corporation retained ownership of all trademark good will and related interests in the items. In addition, while Noxell Corporation expressed the belief it owned the gifted items, it made the gift to HEM "As Is" and without representation or warranty as to the condition of, title to or authenticity of the items comprising the gift. Since 1994, HEM has not become aware of any claims of ownership by anyone but HEM nor, has HEM learned anything to cast doubt on the authenticity of any of the items.
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