FABULOUS FALL ESTATE AND CONSIGNMENT AUCTION (Sess 2)

TERMS OF AUCTION Auctioneer, Bidder, Buyer and Seller agree to be bound by these terms for this auction: a) These terms control this auction in all regards and supersede all previous announcements, advertisements and published information however distributed, except for any announcement made by Auctioneer at the auction, which will take precedence and be controlling in all instances.<br /> b) Auctioneer has been hired by Seller to act as Seller’s agent in conduction of the auction, and Auctioneer is not serving as an agent for Bidder or any Buyer. <br /> c) Bidder must register with Auctioneer before bidding. Proper identification will be required.<br /> d) Auctioneer reserves the right to refuse to register any prospective bidder for any reason and to require the removal of any person from the auction site for any reason including, but not limited to: (1) tampering with auction lots; (2) any illegal conduct including collusive bidding or stealing; (3) disruptive behavior; (4) failure to abide by these terms; and (5) intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auctioneer. Any act of theft, vandalism or disruption will be prosecuted to the fullest extent of the law.<br /> e) Bidder should carefully guard his bidding number to avoid unauthorized purchases for which Bidder will be responsible.<br /> f) 15%(Fifteen Percent) Buyer’s Premium is in effect for this Auction. This means a surcharge of 15% will be added to the amount of the highest bid for each lot to determine the final selling price for that lot.<br /> g) Catalogs and brochures are guides only based on information from sources believed to be reliable, but their accuracy cannot be guaranteed or warranted. Auctioneer will not be liable for any errors or omissions.<br /> h) Auctioneer reserves the right to withdraw any lot, or portion of a lot, from the auction or to cancel the entire auction without notice or liability to Auctioneer or Seller. <br /> i) Each lot will be sold AS IS, WHERE IS with all defects and faults, and no warranties or guarantees of any kind will be given by Seller or Auctioneer including no warranty of fitness, merchantability or suitability. Bidders should carefully inspect each lot to determine condition and contents. All measurements are approximate. Bidder acknowledges that all lots were available for inspection prior to the auction and that he relied solely on his own inspection of the lots and not any information listed in the catalog or otherwise provided by Auctioneer, the auction staff or Seller. Limited Returns are permitted for Ebay Live Auctions only as follows:<br /> j) Ebay Live Internet Auctions: The buyer has the right to rescind the sale (and Seller shall return all sale proceeds) only if the physical condition of the property materially differs from what was described in the information listed and/or written condition reports received or if the description is, in any material respect, inaccurate, so long as the buyer has requested and received a written condition report prior to bidding and provides of notice of intent to return the item within forty-eight hours following receipt of the Property and returns the property to the Seller within 10 (ten) days of receiving the property in the same condition it was sold. Shipping is non-refundable.<br /> k) The highest bidder for a lot recognized by Auctioneer will be the Buyer subject to the satisfaction of any reserve amount for that lot. A lot is sold when the Auctioneer indicates it in customary manner. Bidder agrees, without exception, that if he is the highest bidder for a lot and it is sold to him, an enforceable contract of sale is immediately formed and no further writing of any kind will be required from him to satisfy any decision, principle, rule, statute or other requirement in law or equity. Buyers should assume that all listed items are reserved unless otherwise stated. We reserve the right to bid on behalf of consignors up to, but not more than, the reserve to protect against selling at a price below the reserve. This will be accomplished as necessary by a proxy placing successive bids, or bids in response to buyers' bids. <br /> l) We accept absentee bids by phone, by mail, in person, via the Internet on Computer and by fax. Absentee bids are requested by no later than 5 p.m. on the auction day. If you fax your absentee bids, please call us to confirm receipt. All absentee bidding is handled as though you are in attendance. All absentee bidder names and bids are held in strictest confidence, disclosed only in the event of a question after the sale. Absentee bidding is a convenience offered to our customers and, while we will make every effort to execute your instructions, the Auction House is not liable or responsible for any errors or failure to do so. Auctioneer and the Auction Staff are not responsible for any failure to execute absentee bids of any type when failure is caused by human error, electronic or technical failure of any kind If you place absentee bids with the Auction House, then choose to attend in person, bid by phone or by any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. The Auction House is not liable or responsible for any errors or failure to do so. Internet bidders please note, in the event of a tie between an absentee and live bid, the person attending or participating on the telephone will be the winner of the bid. <br /> m) Should a dispute arise between two or more bidders, the decision of Auctioneer will be final. Bidder is encouraged to make bids clearly visible to Auctioneer to avoid being missed. Auctioneer may determine minimum acceptable increments to advance the bidding.<br /> n) Ownership, possession and the risk of loss from any cause pass immediately to Buyer when Auctioneer announces the sale of a lot. Buyers are solely responsible for their purchases, and Seller and Auctioneer will have no responsibility for lost, stolen or damaged lots. Auctioneers clerking records will be absolute in the event of a dispute.<br /> o) All purchases must be paid for in full by the end of the auction. Internet Sales must be paid for within 10 business days of the sale or Seller may Void sale. Acceptable forms of payment include cash, approved check and acceptable charge cards when electronically swiped or imprinted. Charge Cards will be accepted via the internet through PayPal and only when address can be verified. There will be a $50.00 charge to Buyer for a check dishonored by a bank for any reason. Legal action will be instituted to collect any unpaid account and Buyers agrees to pay all costs of collection, including reasonable attorneys’ fee of THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%), plus a finance charge of TWO PERCENT (2%) PER MONTH (24 PERCENT PER ANNUM) from the date of the auction until the balance is paid in full.<br /> p) Shipping and Pick up: Nothing in a lot may be moved from its location prior to being paid for by Buyer and Buyer must present Auctioneer with a paid receipt. All lots must be removed from the auction site by the end of the auction unless specifically approved by Auctioneer. Arrangements for Shipping for any item purchased through the internet on Ebay Live Auctions or any other Internet Auction Venue must be made within 10 (ten) business days. Any lot not removed from the site within this time will be deemed abandoned and be promptly disposed of or resold for Auctioneer’s account. Shipping will be handled by a professional Shipping Company of buyer’s choice. Available companies are Pak Mail of America Phone 239-793-5060 or email us275packmail@earthlink.net , The UPS Store 239-262-7678 email MBE3369@comcast.net and Craters & Freighters 239-774-5700 email swflorida@cratersandfreighters.com . All shipping costs are the sole responsibility of the buyer. Buyer will pay actual shipping and insurance costs as charged by the professional company of his/her choice. Auctioneer may offer UPS shipping services, onsite packing and handling at buyer’s expense for small easily packaged items, but is not bound to do so. Buyer should request a shipping quote from one of the above companies prior to bidding. <br /> q) Sales or use taxes will be added to the purchase price of all taxable purchases. Florida Sales tax is 6%. A current sales tax exemption certificate, including sales tax exemption number, must be presented to cashier to avoid paying sales tax.<br /> r) Persons attending the auction understand that the auction and site may pose both obvious and hidden dangers, defects and other perils and each person assumes the risk of all injury, loss and/or death from any cause whatsoever and Auctioneer and Seller will have no liability whatsoever. Bidder agrees to indemnify Auctioneer and Seller and hold them harmless for any injury, death or other damage to person or property at the auction site which was caused by Bidder.<br /> s) Except for announcements made pursuant to paragraph 1 of these terms, terms may not be amended in any way except by a signed, written agreement between Auctioneer and Bidder.<br /> t) This Agreement will be construed and governed solely in accordance with the laws of the State of Florida and that the exclusive venue for any controversy or claim between them will be in the County of Collier, Florida.<br /> u) Bidder agrees that any controversy or claim arising out of this auction, or any related dealings with Auctioneer or Seller, must be resolved by final and binding arbitration with no appeal permitted except as provided by Florida statute. The parties voluntarily waive their rights to seek traditional remedies in any court including the right to a trial by jury. The prevailing party will be entitled to collect from the other its costs associated with the arbitration, including reasonable attorneys’ fees. Notwithstanding this requirement for binding arbitration, the parties agree Auctioneer and Seller retain their right to pursue a traditional lawsuit against any Buyer for the collection of any payment due them by the Buyer for any purchase at the auction and it is agreed that in that event the defaulting bidder will be responsible for all of Auctioneer’s and/or Seller’s costs of collection including, but not limited to, its attorneys’ fees of THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of any judgment recovered against Buyer.<br /> v) BID RIGGING IS A VERY SERIOUS CRIME AND ANY ILLEGAL CONDUCT BY BIDDER OR OTHERS WILL BE IMMEDIATELY REPORTED BY AUCTIONEER TO THE U.S. ATTORNEY AND DEPARTMENT OF JUSTICE FOR INVESTIGATION AND PROSECUTION TO THE FULLEST EXTENT OF THE LAW. Title 15, Section 1 of the U.S. Code provides any agreement among potential bidders not to bid against one another, or otherwise to dampen the bidding process, is a felony under federal law. The law provides for fines of up to $10 million per violation for a corporate offender and $350,000 per violation for others, as well as imprisonment of up to three years. Auctioneer reserves the right to advance the bidding to protect the Seller during any instance where Bid Rigging may be occurring.<br /> w) Auctioneer will have no responsibility for any loss or damage resulting from Auctioneer’s staff carrying, handling or loading any item(s) for any person.<br /> x) Registering to bid or attending the auction indicates full understanding and acceptance of these terms along with the agreement to be so bound<br /> y) If there is anything relevant to this auction that you do not understand, please ask Auctioneer or a member of Auctioneer’s staff to assist you. We want your auction experience to be an informed and positive one.