Mike's Library LLC Fall Book Auction

MIKE'S LIBRARY LLC A Licensed Pennsylvania Auction Company License Number AY002428 BIDDER TERMS AND CONDITIONS (Personal Property) These Bidder Terms and Conditions apply to auctions conducted by MIKE'S LIBRARY LLC (Auctioneer), and constitute a legal, valid, binding, and enforceable contract between Auctioneer and YOU. These Bidder Terms and Conditions also form the basis for the contract of sale between YOU and the Seller if YOU are the Winning Bidder on any Lot(s). 1. Auction Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional Terms and Conditions Posted by Auctioneer, and Announcements Made at the Time of the Auction, and Applicable Law. The Auction is conducted under and in accordance with these Bidder Terms and Conditions, any and all other Terms and Conditions posted by Auctioneer (whether at the Auction Site or online), any announcements or corrections made by Auctioneer at the time of the Auction, and applicable law. By participating in the Auction, YOU agree to be bound by, and to abide by, all such Bidder Terms and Conditions. 2. Definitions. The following definitions apply to these Bidder Terms and Conditions for each auction conducted by Auctioneer: 'Absolute Auction' or 'Absolute' applies only if and when expressly indicated and means that property will be sold to the highest bidder regardless of the amount of the final bid and without reservations. This type of auction is also known as an auction Without Reserve. Provided that a bid is received within a reasonable time after bidding opens on a Lot, the Lot will be sold to the highest bidder. A Lot exposed for sale at Absolute Auction may be withdrawn by Auctioneer if a bid is not received within a reasonable time after bidding opens on the Lot. UNLESS EXPLICITLY STATED BY AUCTIONEER IN WRITING, NO LOT ARE BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT RESERVE. 'Auction' means an auction conducted by Auctioneer. 'Auction Site' means the physical location where the Auction is conducted, and/or where the Property is located, and/or where inspections may be made, and/or where pick-up occurs. 'Bidder' means any person or entity, and the agents or representatives of any such person or entity, that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction (including, without being limited to, inspection and/or pick-up), regardless of whether such person or entity tenders a bid. 'Bidder Account' the online account assigned to a Bidder by Auctioneer or by an Online Auction Platform Provider. (See, also, Bidder Number). 'Bidder Number' means the number or other identifier issued by Auctioneer to a Bidder for the purposes of identifying bids to such Bidder. (See, also, Bidder Account). 'Bidder Registration' means the information provided by a Bidder, and the process of registering such Bidder, to bid at the Auction, including the prospective Bidder's agreement to be bound by these Bidder terms and Conditions. "Bidder Terms and Conditions" means these Bidder Terms and Conditions. 'Buyer's Premium' is a non-refundable administrative fee calculated as a percentage of the Hammer Price that is payable by the Buyer of each Lot to Auctioneer for Auctioneer's own account. If a Lot is offered Subject to Seller's Confirmation, the Buyer's Premium will be calculated on the amount of the High Bid Subject to Confirmation or such other amount as may be agreed to between Seller and Buyer, whichever is greater. The Buyer's Premium is earned at the Fall of the Hammer and will not be refunded by Auctioneer under any circumstances. 'Commission' means the amount payable by or on behalf of Seller to Auctioneer for Auctioneer's services, calculated as a percentage of the Hammer Price. 'Contract Price' means an amount equal to the Hammer Price plus the Buyer's Premium. Any sales tax or similar such taxes or fees will be based on the Contract Price. 'Delivery' means the transfer of possession a Lot or Lots to the Buyer. Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during the Auction or at such other address as indicated on Auctioneer's website. Delivery does not mean that Auctioneer will move or relocate any Lot from its physical location during the Auction, or as indicated on Auctioneer's website, to any other location directed by the Buyer. Unless otherwise expressly agreed in writing, Auctioneer will not move or relocate any Lot(s) on behalf of the Buyer. 'Fall of the Hammer' means the point, after bids have been received, at which Auctioneer declares a Lot 'sold' to the Bidder acknowledged by Auctioneer as having made the Winning Bid. During an online auction, the Fall of the Hammer may occur electronically at the end of timed (or extended) bidding. 'Hammer Price' means the High Bid amount recognized by Auctioneer with the Fall of the Hammer. "High Bid Subject to Confirmation" means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot that is Subject to Seller's Confirmation. If the High Bid Subject to Confirmation is confirmed by Seller, it will be the Hammer Price. "High Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the high end of a spectrum of possible bids at a well-attended auction. The High Estimate, if used, is not a guarantee, valuation, or appraisal, and cannot be relied on as such. The ultimate Hammer Price less than, equal to, or greater than the High Estimate. 'Lot' means each individual item or grouping of items exposed for sale at one time by Auctioneer. "Low Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the low end of a spectrum of possible bids at a well-attended auction. The Low Estimate, if used, is not a guarantee, valuation, or appraisal, and cannot be relied on as such. The ultimate Hammer Price less than, equal to, or greater than the Low Estimate. 'No Sale' occurs if bidding opens on a Lot, but the Lot is not sold because Auctioneer passes the Lot or declares a No Sale. 'Online Auction Platform' means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums, and/or promotions. 'Online Auction Platform Provider' means the provider of an Online Auction Platform and related services. "Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which online bids may be tendered. 'Private Sale' means an event in which Property is sold by Seller, or on Seller's behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer). 'Private Sale Price' means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property. 'Reserve' or 'With Reserve' means that property put up at auction may be withdrawn by the Auctioneer and/or bids may be rejected by Auctioneer prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL LOTS ARE BEING EXPOSED FOR SALE WITH RESERVE, AND CERTAIN LOTS MAY ALSO BE SUBJECT TO SELLER'S CONFIRMATION IF SELLER'S CONFIRMATION IS STATED IN THE SPECIFIC LOT DESCRIPTION. 'Reserve Price' means the minimum price that Seller is willing to accept for a Lot. If a Lot is being exposed for sale subject to a Reserve Price, it will not be sold unless the Reserve Price is met or waived. 'Subject to Seller's Confirmation' means, with respect to any Lot specifically identified as being sold Subject to Seller's Confirmation, that after the High Bid Subject to Seller's Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's discretion, to (i) accept such bid or (ii) reject such bid. 'Winning Bid' means the highest bid received and accepted (and if Subject to Seller's Confirmation, confirmed by Seller). "Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid. 'Withdrawn', 'Withdrawal', or 'Withdraw' refers to the circumstance in which the Property is removed or withdrawn from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction. 'Without Reserve' means Absolute. 3. Auction Conducted in the Commonwealth of Pennsylvania. The Auction is conducted in the Commonwealth of Pennsylvania. All property is offered for sale in the Commonwealth of Pennsylvania, and will be sold and delivered in the Commonwealth of Pennsylvania. Notwithstanding YOUR physical location, these Bidder Terms and Conditions are entered into in the Commonwealth of Pennsylvania, all bids and payments are received in the Commonwealth of Pennsylvania, and all contracts between Seller and Buyer are formed and entered into in the Commonwealth of Pennsylvania, and all Lots will be delivered in the Commonwealth of Pennsylvania. 4. Nature of the Auction. Unless otherwise stated in writing, the Auction will be With Reserve, and Auctioneer may Withdraw any Lot prior to the Fall of the Hammer on such Lot even if bids have been tendered against such Lot. In addition to being With Reserve, the sale of certain specifically identified Lots may be Subject to Seller's Confirmation. This means that after the High Bid Subject to Confirmation has been received and acknowledged by Auctioneer on such Lot(s), Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid. 5. Buyer's Premium. Each Lot is subject to a Buyer's Premium in an amount equal to Twenty percent (20%) of the Hammer Price, which will be paid by the Winning Bidder to Auctioneer for Auctioneer's own account. The Buyer's Premium may be increased to cover credit card processing fees, Online Auction Platform fees, and other costs and expenses. Any increase in the Buyer's Premium will be announced by Auctioneer or posted on Auctioneer's website. The Buyer's Premium may be reduced, either globally or on a case-by-case basis, at Auctioneer's discretion. The Buyer's Premium is earned at the Fall of the Hammer and will not be refunded by Auctioneer. The Buyer's Premium will be added to the Hammer Price to determine the final Contract Price for tax purposes. If YOU are the Winning Bidder on any Lot(s) and YOU default on YOUR obligations as set forth in these Bidder Terms and Conditions, there will be no set-off or reduction in the Buyer's Premium even if a Lot is resold. Because the Buyer's Premium is earned with the Fall of the Hammer, Auctioneer has no obligation to mitigate damages with respect to the Buyer's Premium, and YOU acknowledge and agree that mitigation of damages is not possible. 6. Bidder Registration; Bidder Qualification. YOU are required to register in order to participate in the Auction, and YOU must provide such information (including identifying information and qualifications) as requested by Auctioneer. YOU must provide a valid credit card in order to be approved for bidding, and Auctioneer may charge a nominal amount against your credit card for verification purposes. Auctioneer may also require that a hold be placed against your credit card in an amount determined by Auctioneer. Auctioneer may establish such other Bidder Registration requirements and Bidder qualifications as Auctioneer determines, in Auctioneer's discretion, to be reasonably necessary or appropriate. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the Bidder Registration or bidding privileges of any Bidder. By registering to bid, YOU represent to Auctioneer that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract. Each entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids are made by or on behalf of an entity, the entity and any individual making the bid will be jointly and severally liable on account of the bid. YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted on the Auctioneer's website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer. Auctioneer may, in Auctioneer's absolute discretion, receive bids from a person or entity that has not registered to bid, and/or that has not satisfied all requirements for Bidder Registration, and/or that has not previously been granted bidding privileges, and, by bidding, such person or entity will be bound by these Bidder Terms and Conditions, any and all other terms and conditions posted on Auctioneer's website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer. Bidder qualification provisions are intended for the benefit of Auctioneer and Seller(s), and create no rights or interests in any other persons, including competing Bidders. Auctioneer and/or Seller(s) may (but will not be required to) waive any Bidder qualifications, either globally or on a case-by-case basis. 7. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Bidder Terms and Conditions and any notices or announcements by Auctioneer and/or posted on Auctioneer's website, as the same may be modified or amended by Auctioneer. 8. Posted Times. All times are based on the local time zone at the Auction Site unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right, at Auctioneer's sole and absolute discretion, to: (i) close the Auction, or bidding on individual Lots, early; (ii) extend the Auction, or bidding on individual Lots; and/or to reopen the Auction, or bidding on individual Lots. 9. Bidding Increments and Maximum Bids. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion. YOU may submit a maximum bid on any Lot. Notwithstanding the amount of YOUR Maximum Bid on a Lot, bidding will be initiated at the next available increment and will be executed competitively until the Fall of the Hammer. YOU agree that when using the Maximum Bid feature, YOU will use it according to the specifications Auctioneer has in place for that feature. YOU agree that YOU will only use the Maximum Bid feature if you understand how the Maximum Bid feature works. Auctioneer will have no liability for the failure of any bids to be executed or recognized. 10. Technology Disruptions. YOU acknowledge and agree that the Auction is conducted electronically and relies on hardware and software that may malfunction of fail without warning. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform(s), (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, reset, reopen, or close the Auction in its entirety, or on a Lot-by-Lot basis, because of technology disruptions or errors. 11. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider(s) to perform, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider(s) to perform regardless of whether such obligations are owing, directly or indirectly, to Auctioneer, or to Seller, or otherwise. 12. Auto-Extend Feature and Rolling Close of the Bidding. Any Online Bidding Period may include an auto-extend feature resulting in a rolling close of the bidding. This means that, if a bid is entered within a set time period approaching the end of the established Online Bidding Period on a Lot, the Online Bidding Period Lot will automatically be extended for an additional amount of time in increments established by Auctioneer, and such extensions will continue until there is a set period of time that lapses during which no advancing online bid is received, after which bidding on the Lot will close. 13. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform(s) or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology. If YOU are dissatisfied with the Auction, or the nature, character, or functionality of technology associated with the Auction, YOUR sole and exclusive recourse is to immediately discontinue YOUR participation in the Auction. Auctioneer reserves the right to terminate YOUR Bidder Registration, to suspend or terminate your access to the Auction, to impose limits on certain features of the Online Auction Platform, and/or limit, restrict, or terminate YOUR access to the Auctioneer's website or to the Auction with or without notice. 14. Access to Online Auction; Restrictions on Use. YOU agree that YOU will not use any robot, spider, other automatic device, or manual process to monitor or copy the Online Auction Platform, Auctioneer's website, any technology associated with the Auction, and/or any content associated with the Auction without Auctioneer's prior, express, written consent. YOU agree that YOU will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Auction Platform, Auctioneer's website, any technology associated with the Auction, or any activity being conducted in connection with the Auction. YOU agree that YOU will not take any action that imposes an unreasonable or disproportionately large load on the Online Auction Platform and/or Auctioneer's infrastructure. YOU agree that YOU will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Online Auction Platform and/or Auctioneer's website without Auctioneer's prior, express, written consent. THE ONLINE AUCTION PLATFORM AND AUCTIONEER'S WEBSITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND/OR INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. Access and use of any online site of Auctioneer (each an 'Online Site') is subject to any and all specific terms and conditions set forth on any individual page within such Online Site, these Bidder Terms and Conditions, the terms and conditions set forth on such Online Site, and all applicable laws and regulations, including but not limited to copyright and trademark laws. All auction photos appearing on any Online Site are presumed to be owned by Auctioneer, and may not be used without Auctioneer's prior, express, written consent. BY ACCESSING THE AUCTION ONLINE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS SET FORTH, OR REFERENCED, HEREIN, and to YOU agree to comply with all applicable laws, statutes, ordinances and regulations. Legal action may be taken against anyone violating these Bidder Terms and Conditions or any applicable law or regulation. Auctioneer reserves the right to periodically modify, amend, and/or change these Bidder Terms and Conditions (and the materials referenced herein), and it is YOUR responsibility to review these Bidder Terms and Conditions and the materials referenced herein for modifications, amendments, and/or changes. By using this accessing the Auction, YOU accept all rules, terms, and conditions, and any such possible changes thereto. 15. Responsibility for Bids. YOU are responsible for all bids tendered by YOU, or on YOUR behalf, and for all bids transmitted from YOUR computer or device, or through YOUR Bidder Account. If a Winning Bid is sent from YOUR computer or device, or through YOUR Bidder Account, YOU will be the Buyer. The security of YOUR Bidder Account information is your sole responsibility. If, at any time, YOU suspect that your Bidder Account has been compromised, YOU must notify Auctioneer, in writing, immediately. 16. Winning Bidders Subject to Certification by Auctioneer. Auctioneer has the final determination of, and may certify, the Winning Bidder of each Lot, and any indication of bidding results on the Online Site, or otherwise, and/or any preliminary notification of bidding results (whether by email or otherwise) will be subject to such determination and/or certification. If a dispute or other issue arises regarding the identification of the Winning Bidder on a Lot, Auctioneer may (but will not be required to) reopen the bidding. Auctioneer's final designation of the Winning Bidder will be conclusive. 17. No Bid Retraction. YOU may not retract any bids submitted by YOU or on YOUR behalf. YOU acknowledge and agree that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive, interferes with the Auction, and may erode Bidder confidence in the Auction. As an inducement for Auctioneer to accept YOUR Bidder Registration and to grant YOU the privilege of bidding at the Auction, YOU agree not to withdraw or to attempt to withdraw any bid tendered by YOU or on your behalf. 18. Bidding by or on Behalf of Seller. Seller, or those acting on Seller's behalf, may bid at the Auction unless the Auction is expressly identified as an Absolute Auction that is not a forced sale. With respect to Lot(s) having a Reserve Price, Auctioneer may execute bids on Seller's behalf up to the Reserve Price. Bids tendered by or on behalf of the Seller, including bids executed against a Reserve Price, may not be identified as such, and may be tendered using random (or otherwise designated) Bidder accounts. 19. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer's decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. Auctioneer may, in Auctioneer's sole and absolute discretion, reopen the bidding if (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, or (iii) after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ringman have acknowledged bids in the same amount bid from different Bidders, or (iv) an online bid, or other bid by a remote Bidder, tendered or attempted to be tendered prior to the Fall of the Hammer goes unrecognized, or (v) some other bid dispute arises. Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. The determination of whether to reopen the bidding is within Auctioneer's sole and absolute discretion, Auctioneer is not required to reopen the bidding, and Auctioneer's determination will be final and conclusive. 20. Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Contract Price, and these Bidder Terms and Conditions, together with Auctioneer's records identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into and made a part of the contract between each Buyer and Seller. 21. Withdrawal of Property by Auctioneer. With the exception of any Lot(s) explicitly identified in express written terms as exposed for sale at Absolute Auction, Auctioneer has the right to withdraw any Lot(s) from the Auction prior to the Fall of the Hammer, even after bids have been tendered against such Lot(s). 22. Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid for any Lot(s) will be the Buyer of such Lot(s). 23. All Lots Sold 'AS IS', 'WHERE IS', and 'WITH ALL FAULTS'. ALL LOTS ARE BEING OFFERED AND SOLD IN THEIR AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF ANY LOT. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTEE MADE BY AUCTIONEER, SELLER, OR ANYONE ACTING ON BEHALF OF THE SELLER, ORALLY OR IN WRITING, ABOUT ANY LOT(S). BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE LOT(S), AND THAT YOU ARE RELYING SOLELY AND EXCLUSIVELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF A PRE-AUCTION INSPECTION IS NOT AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING WITHOUT A PRE-AUCTION INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES BY AUCTIONEER OR SELLER, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED WITH YOUR PURCHASE OF THE LOT(S) WITHOUT A PRE-AUCTION INSPECTION. 24. Inspection; Photographs; Inquiry. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that you have not relied on any statement, representation, warranty, or guarantee made by Auctioneer, or by Seller, or anyone acting as agent or representative of the Seller; provided, however, that if a pre-auction inspection is not available due to social distancing restrictions or otherwise, you acknowledge and agree that (i) you are knowingly and willing bidding on the property without a pre-auction inspection, (ii) you are not relying on any representations or warranties by auctioneer or seller, and (iii) you are assuming any and all risks associated with your purchase of the property without a pre-auction inspection. YOU, further, acknowledge and agree that any photographs or other images of Lot(s) are adequate for YOUR purposes. YOU, further, acknowledge and agree that YOU have made any and all inquiries deemed by YOU to be necessary of appropriate regarding the Auction and the Lots exposed for sale at the Auction, and that any responses received by YOU have been adequate for YOUR purposes. 25. Description of Lots. Unless otherwise expressly stated otherwise in writing, any description of a Lot is based solely on visual impression, and is given solely for identification purposes, and does not create any express or implied warranty, guarantee, or representation by Auctioneer or Seller. Statements or descriptions regarding Lots, while believed to be accurate, are not guaranteed. 26. Limitation of Liability. Auctioneer is not responsible for any actions of Seller or others, including Bidders or Buyers, taken before, during, and after the Auction. Auctioneer will not be held liable for typographical errors, misprints, loss of property/money, damage or failure of equipment, at the Auction Site or otherwise related to the Auction. 27. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS. 28. Announcements. Subject to the limitation set forth in these Bidder Terms and Conditions, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings. 29. Auctioneer's Records Conclusive. Absent clerical errors, Auctioneer's records will be final and conclusive. 30. Title. If YOU are certified as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract Price; however, title and ownership of the Lot will not pass to YOU, or vest in YOU, until payment is made and clears. 31. Possession, and Risk of Loss. If YOU are physically present at the Auction Site and YOU are the Winning Bidder on a Lot, possession and risk of loss will pass to YOU with the Fall of the Hammer, even if YOU have not yet paid for the Lot, and YOU will be solely responsible for safeguarding and protecting YOUR purchases. In all other circumstances, possession and risk of loss will pass to YOU when the Lot(s) are picked-up at the Auction Site or delivered to third-party carrier for shipment (including, without being limited to, the United States Postal Service, United Parcel Service, or Federal Express). 32. Payment. All Lots must be paid for in-full within FOUR (4) days after the close of each Lot with respect to which YOU are the Winning Bidder. Online purchases must be paid by credit card, ACH transfer, or by wire transfer. Unless otherwise agreed by Auctioneer, purchases totaling Five Thousand Dollars ($5,000.00) or more must be paid by wire transfer. 33. Failure to Pay. If you fail to pay for your purchase(s) within time provided, YOU will be deemed to have abandoned any interest in the Lot(s), but YOU will remain liable for payment of the Contract Price. Unpaid Lot(s) may be retained by Seller, resold at a subsequent auction, or otherwise disposed of. If unpaid Lot(s) are sold at a subsequent auction, YOU will be liable for any shortfall or deficiency on the resale of the Lot(s), plus the full amount of the Buyer's Premium and any costs or expenses incurred in connection with reselling the Lot(s). Under no circumstances will YOU be entitled to any surplus from the resale of any unpaid Lot(s). Auctioneer and/or Seller may, at any time, commence a lawsuit against YOU for the Contract Price of any unpaid Lot(s) and/or for any deficiency realized on the resale of such Lot(s). Subject to applicable law, beginning Seven (7) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of Five Dollars ($5.00) per Lot per day will accrue, and Auctioneer will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges. In addition to the foregoing, if YOU fail to pay for any Lot(s) with respect to which YOU are the Winning Bidder, YOU may be barred from participating in any and all future auctions conducted by Auctioneer, and your failure to make payment may be reflected on your profile with the Online Auction Platform Provider(s) and/or otherwise truthfully disclosed to other auctioneers via social media, or otherwise. 34. Delivery; Sales Tax. All Lots will be delivered to YOU at the physical location of such Lot(s) at the close of the Auction which will be either (i) at Auctioneer's location in the Commonwealth of Pennsylvania, or (ii) at such other location inside the Commonwealth of Pennsylvania as indicated in the specific Auction listing, or (iii) as otherwise designated by Auctioneer. Auctioneer has no obligation to move or relocate any Lot(s) to YOUR location or to a location designated by YOU. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases at the point of sale within the Commonwealth of Pennsylvania, and to arrange for shipment of YOUR property to a location designated by YOU. Unless an exemption applies, all purchases are subject to sales tax in the jurisdiction where delivery occurs as set forth in the specific Auction listing and these Bidder Terms and Conditions. Sales tax will be collected at the point of sale as set forth in the specific Auction listing and these Bidder Terms and Conditions and will be remitted to the applicable taxing authorities. The foregoing notwithstanding, if another jurisdiction or taxing authority (including, without being limited to, the jurisdiction in which YOU reside, conduct business, or will maintain the Lot(s) purchased by YOU) requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible for payment of an amount equal to such tax. If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and Auctioneer will cooperate in efforts to obtain a refund of such tax and its remittance to the proper taxing authority. The foregoing notwithstanding, if Auctioneer determines that it is necessary to collect and remit sales tax, use tax, or other similar tax, to any taxing authority other than taxing authorities in the State if Pennsylvania, YOU will be responsible for all such taxes. 35. Calculation of Sales Tax; Sales Tax Disputes. Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer's Premium. If (i) YOU believe that YOUR purchase is subject to a sales tax exemption that is not recognized by Auctioneer, or (ii) YOU believe that the Buyer's Premium portion of the Contract Price should not be subject to sales tax, or (iii) you otherwise dispute the sales tax, YOU should address YOUR dispute to the appropriate taxing authority and seek a refund from the appropriate taxing authority to the extent that the same may be available to YOU. 36. Pick-up and Removal; Shipping; Insurance. YOU are responsible for pick-up and removal of Lot(s) purchased by YOU. Pick-up and removal dates and times will be as posted or announced by Auctioneer. Unless otherwise agreed, YOU are solely responsibly for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU. Disassembly and removal must be done in a workmanlike manner, and YOU will indemnify and hold harmless both Auctioneer and Seller(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of Auctioneer and Seller(s). Any Lots shipped to YOU will be via a shipment contract free on board at Auctioneer's location in Luzerne County, Pennsylvania or at the Auction Site in the Commonwealth of Pennsylvania, as the case may be. Possession and risk of loss will pass to you at the point of shipment in the Commonwealth of Pennsylvania. YOU are responsible for insuring all Lots purchased by YOU. As of the time payment is made, YOU are responsible for safeguarding and protecting each Lot purchased by YOU. Removal of any and all Lots purchased by YOU will be at YOUR expense, risk, and liability. YOU must notify Auctioneer in writing, and in advance, if any other person, including, without being limited to, YOUR employees, agents, or representatives, will pick-up YOUR purchases. If any Lot is not available for pick-up by YOU during the period provided for pick-up by Auctioneer, the Contract Price will be returned to YOU as your sole and exclusive remedy; provided, however, that, if the unavailability of the Lot(s) results, in whole or in part, from YOUR acts or omissions, no refund will be provided. The date by which YOUR purchases must be removed from the Auction Site is posted on an auction-by-auction basis, on the specific Auction page. After the final removal date, unless previous arrangements have been made, there will be a per day, per Lot storage fee charged to the Buyer on any Lot(s) not completely removed. It is YOUR responsibility to completely remove all Lot(s) purchased by YOU, and should any Lot (or part thereof) be abandoned, YOU will be liable for all costs and expenses for removal and disposal. 37. Failure Pick-up or Arrange for the Delivery; Abandoned Property; Storage. If YOU are certified as the Winning Bidder on one or more Lots, and, after paying the Contract Price for such Lot(s), YOU fail to pick-up or remove such Lot(s) within Seven (7) days after the Auction, YOU will be deemed to have abandoned such Lot(s), and any interest therein, to Auctioneer, and YOU will give up any and all rights with respect to such Lot(s). Lots that have been abandoned to Auctioneer may be retained by Auctioneer, sold at a subsequent auction, or otherwise disposed of. YOU will not be entitled to any proceeds from the subsequent sale of any abandoned Lot(s). Subject to applicable law, beginning Seven (7) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of Five Dollars ($5.00) per Lot per day will accrue, and Auctioneer will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges. 38. No Credit Card Chargebacks. YOU agree that YOU will not, under any circumstances, initiate a credit card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of these Bidder Terms and Conditions, a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR (i) waiver of any rights to initiate a credit card chargeback, and (ii) agreement not to initiate a credit card chargeback; and YOU acknowledge and agree that on Auctioneer's presentation of these Bidder Terms and Conditions to the appropriate bank, credit card company, or other financial institution, any credit card chargeback will be denied and reversed, and Auctioneer will be re-credited all amounts subject to the chargeback. If, in violation of these Bidder Terms and Conditions, YOU initiate a credit card chargeback, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the credit card chargeback and/or in collecting payment. YOU acknowledge and agree that the covenant not to initiate a credit card chargeback is a condition to the issuance of a Bidder Number or Bidder Account to YOU, and is being made as an inducement for Auctioneer to accept YOUR Bidder Registration, to issue a Bidder Number or Bidder Account to YOU, and to permit YOU to bid at the Auction. YOU acknowledge and agree that Auctioneer is relying on the covenant not to initiate a credit card chargeback in accepting YOUR Bidder Registration and in permitting YOU to bid at the Auction. 39. Claims. After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf (including, without being limited to shipped Lots) and/or after the date posted by Auctioneer (regardless of whether the Lot has been removed from the Auction Site), no claims, returns, adjustments, or rescissions will be allowed for any reason, including, without being limited to, any alleged failure of a Lot to correspond with any standard and/or expectation. 40. Buyer Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. Unless expressly provided otherwise in these Bidder Terms and Conditions, to the extent that YOU may be entitled to damages or remedies, the sole and exclusive remedy available to YOU is a return of monies actually paid by YOU. Under no circumstances will Auctioneer or the Seller be liable to YOU or to any third-party for incidental or consequential damages, including, without being limited to, lost profits or reduced productivity. YOU acknowledge and agree that YOU are not entitled to specific performance or other equitable relief. 41. Remedies on YOUR Breach. If YOU breach YOUR obligations under these Bidder Terms and Conditions or under a contract of sale with the Seller, any Lot(s) on which YOU were the Winning Bidder may be resold and YOU will be liable for any and all damages, including any deficiency or reduction in the Contract Price, along with incidental damages. YOU will also be liable for the full amount of the Buyer's Premium regardless of whether any Lot(s) on which YOU were the Winning Bidder may be resold. 42. Assumption of the Risk; Limitation of Liability. YOU assume all risks, and waive any and all claims to future litigation against Auctioneer, regarding the Auction and/or YOUR participation, or attempted participation, in the Auction, including, without being limited to: (i) YOUR presence at the Auction Site; (ii) YOUR use of the Online Auction Platform; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property. YOU acknowledge and agree that there may be risks or hazards at the Auction Site requiring YOU to be diligent, alert, and aware at all times. YOU enter the Auction Site at YOUR own risk. No person will have any claim against Auctioneer and/or Seller, or their respective agents or employees, for any injuries sustained or for damages to or loss of property that may occur at the Auction Site. Neither Auctioneer nor Seller will be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by YOU in any way related to, the Auction. 43. COVID-19. YOU understand that there are risks associated with being in the proximity of others during to the COVID-19 virus pandemic, and YOU understand the COVID-19 virus's highly contagious nature. YOU voluntarily agree to release, indemnify, defend and hold harmless, Auctioneer, Seller, and their respective agents and employees, from any and all liabilities, claims, losses, causes of action, damages, or expense of any kind related, in any way, to bodily injury or infection associated with the COVID-19 virus as a result of YOUR presence at the Auction Site. YOU, further, acknowledge and agree that YOU are accepting those risks for YOURSELF and for any participant(s) who may accompany you to the Auction Site, or who may handle property from the Auction Site. YOU further acknowledge and agree that YOU are familiar with local, state, and federal guidelines and executive orders related to the COVID-19 virus and social distancing, and that YOU are participating in the Auction of YOUR own free will. In addition to the foregoing, YOU represent, warrant, acknowledge, covenant, and agree that YOU will not access the Auction Site if (i) to YOUR Knowledge YOU are infected with the COVID-19 virus, and/or (ii) to YOUR knowledge, within the past fourteen (14) days, YOU have been exposed to anyone infected with the COVID-19 virus, and/or (iii) YOU have been tested for COVID-19 within the past fourteen (14) days. YOU are encouraged to wear a mask and exercise social distancing while present at the Auction Site. 44. Indemnification. YOU agree to indemnify and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or any Lot(s) included in the Auction, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Without limiting the generality of the foregoing sentence, YOU accept responsibility for, and agree to indemnify, defend and hold harmless Seller and Auctioneer, and each of them, and their respective employees, officers, directors, owners, affiliates, subsidiaries, agents, attorneys, and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) arising from, or in any way related to, the Auction, including, without being limited to, personal injuries, property damage, or financial loss, incurred by YOU or any other person or entity at the Auction Site, or in connection with YOUR access to the Online Auction Platform, and/or removal, transport, use, or subsequent sale of any Lot(s). 45. Private Sale. YOU agree that, prior to or during the Auction, YOU will not to enter into, or to agree to enter into, a Private Sale with the Seller (to the exclusion of Auctioneer), for the purchase of any Lot(s) included, or scheduled to be included, in the Auction. If YOU purchase any Lot(s) included in, or scheduled to be included in, the Auction through a Private Sale with the Seller (to the exclusion of Auctioneer) prior to, or during, or within ten (10) days after the Auction, Auctioneer will be entitled to receive an amount equal to Auctioneer's full Commission and Buyer's Premium, and YOU and the Seller will be jointly and severally responsible for the payment of such amount. 46. Waiver. Certain provisions of these Bidder Terms and Conditions are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder Registration and qualification requirements, payment terms, removal and delivery terms, and inspection terms, do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Bidder Terms and Conditions that are intended for the benefit of Auctioneer and/or Seller. 47. Your Relationship with of Auctioneer. Auctioneer is not YOUR agent, and does not represent YOU. 48. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Luzerne County, Pennsylvania, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. YOU irrevocably and unconditionally (i) agree that any claim, suit or cause of action relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Luzerne County, Pennsylvania; (ii) consent to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waive any objection that YOU may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waive any objection to the bringing of such claim, suit, or cause of action in such courts on any grounds, including inconvenience. YOU WAIVE THE RIGHT TO A JURY TRIAL. 49. Attorney's Fees. YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorney's fees incurred in enforcing their respective rights hereunder. 50. Acceptance of Bidder Terms and Conditions. YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Bidder Terms and Conditions, and that you have read these Bidder Terms and Conditions, you understand these Bidder Terms and Conditions, and you accept and agree to be bound by these Bidder Terms and Conditions. 51. Bidder Lists and Notifications. Auctioneer may notify previously registered Bidders about upcoming auctions and events by email or other means of communication. YOU may opt out of such notices by informing Auctioneer.

If you have not contacted Mike's Library LLC to arrange payment within 1 day of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from Mike's Library LLC may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.