Bankruptcy of Fine Assets Auction

Payment & Bidder Agreement The following, as amended by any posted notices or announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Windsor Auction House (WAH). PLEASE READ THIS ENTIRE AGREEMENT. TERMS AND CONDITIONS OF SALE 1. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. WAH attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items in full. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. 2. All property is sold AS IS, WHERE IS and neither WAH nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate. 3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on WAH's part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, WAH's sale record is conclusive. 4. The purchaser assumes full responsibility for items at the fall of the hammer. 5. A 18-17% buyer's premium will be added to the hammer price on each lot sold. 6. For all residents of California, 9% sales tax will be added to your invoice. 7. PAYMENT: We accept bank wire transfers, personal or company check, cashier's check, money order, Visa, MasterCard, Discover and American Express. We do accept PayPal payments. For items purchased online, you will be emailed an invoice within 24 hours after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact us or email us at windsorauctionhouse@gmail.com if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, WAH reserves the right to hold all purchases until the check has cleared to the satisfaction of WAH and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. 6. IF THERE EVER IS A CASE OF A REFUND BEING ISSUED, YOU WILL BE CHARGED A 20% RESTOCKING FEE AND YOU WILL BE RESPONSIBLE TO PAY SHIPPING FEES AND BUYER'S PREMIUMS WILL NOT BE REFUNDED. PLEASE BID RESPONSIBLY AND ASK ALL QUESTIONS PRIOR TO PLACING A BID. 8. WINDSOR AUCTION HOUSE RESERVES THE RIGHT TO WITHDRAW OR PASS ANY LOT AT ANY TIME BEFORE, DURING, OR AFTER THE AUCTION WITHOUR LIABILITY. 9. THE AUCTIONEER RESERVES THE RIGHT TO REJECT ANY BID AT ANY TIME AND AS HIS SOLE DISCRETION. Auctioneer also has the right to pass any item during the sale of an auction. 10. On the fall of the auctioneer's hammer, ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full purchase price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the Consigner by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, we at our option may either, a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder. In the event that such a buyer pays a portion of the purchase price for any or all lots purchased, WAH shall apply the payment received to such lot or lots that WAH's, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees and expenses. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. 11. In the unlikely event we lose our internet connection, WAH reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 12. **Auctioneer has final discretion on sale of an item. His word is final.** 13. In the event that we do not receive payment or do not hear from you via e-mail or phone within 9 days after the sale of the auction, then we have the right to bill your credit card for the FULL AMOUNT OF YOUR PURCHASE; or we will consider your bid as a non-payment null and void and therefore do not have to accept any payment made by buyer after 9 days have expired from the day of the auction. 14. In no event whatsoever will Windsor Auction House Inc. be held liable for any item sold that can not be delivered to the buyer, The transaction will be considered null and void and the buyer will hold Windsor Auction House or any corporate office free and harmless from any dispute arising from the sale of the item. 15. Windsor Auction House also has the right to change, amend or delete any starting price before or during the auction. 16. We reserve the right to reject a bid from any bidder . The highest bidder acknowledged by the auctioneer shall be the purchaser of the item sold . Title passes upon the fall of the hammer , or when the word "SOLD" is announced. Where a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer may in his or her discretion reopen the bidding or declare the goods sold under the bid on which the "Hammer" was falling. In the event of any dispute between the bidders, or in the event the auctioneer doubts the validity of any bid , the auctioneer may determine the dispute in the auctioneer's sole discretion , and this decision shall be final and binding upon all parties. 17. We have the right to withdraw any item on the auction block(catalog), before, during or after an auction regardless whether or not bids have been placed on this specific lot# or item. 18. Arbitration and dispute are unlikely but possible. In an event that Windsor Auction House sells or posts an item in the internet that is unavailable and can not be purchased by buyer or auction bidder or any agents thereof acting on their behalf the buyer will not pursue litigation, disputes or any penalty against Windsor Auction House or any of it's corporate officers. Furthermore such a bidder acknowledges understands and agrees that such an error is considered a clerical and typo mistake and will exonerate and hold Windsor Auction House free and harmless from such an occurrence. 19. A range of estimates is given on eBittan Fine Art, Great Dane, Parkwestach lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling or resale price. A buyer should not base their item on estimated value. 20. Phone Bids: We recommend perspective bidders examine all items of which they have interest. We accept phone bids, absentee bids, and email bidding via the internet, however it is mandatory the buyer fills out our pre-authorization form for off floor bidding. **IMPORTANT - PLEASE READ*** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY WAH A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 20% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYER'S PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN. Shipping & Handling Shipping Prices are for both Shipping and Handling: ? Gemstone Gold & Silver Jewelry (Rings, Necklaces, Bracelets, Gemstones etc..) - $25 each item, may not combine purchases to save on shipping. ? Unframed Cartoon Cells and Small Prints - $20, may not combine purchases to save on shipping. ? Small Collectibles, Loose items, Cards and Coins - $25.00, may not combine purchases to save on shipping. ? Large Collectibles, Helmets, Handbags, Shoes, Sports Memorabilia, etc. - $35.00, may not combine purchases to save on shipping. ? Large Items, Tiffany Lights, Bronze, Crystals and Vases, etc. - $55.00, may not combine purchases to save on shipping. ? Small Framed Items (12"x12") - $45.00, may not combine purchases to save on shipping. ? Medium Framed Items (30"x30") - $65.00, may not combine purchases to save on shipping. ? Large Framed Items (50"x50") - $85.00, may not combine purchases to save on shipping. ? Oversized Framed Items - $115.00, may not combine purchases to save on shipping. ? Shipments to US Territories and Foreign Countries - a) Shipping and handling charges to these locations are higher. Insurance coverage to foreign locations may also be limited by the shipping carriers. - b) If your package is lost, stolen, or seized by customs, you will assume all responsibility. We are not responsible for any import duties, customs fees, or penalties associated with your shipment. Our preferred shipping is via USPS Registered First Class Mail International and FEDEX International. For other shipping classes, be aware that a customs declaration is required and there are limitations in available insurance coverage which vary by country. WAH will not misrepresent the items description or declare less than full sales price on any international paperwork. Will Call of items is not allowed. Coming to our offices to view items is also not allowed. ***IMPORTANT*** YOU MAY NOT COMBINE PURCHASES TO SAVE ON SHIPPING. - Should expedited shipping be requested, substantial additional fees will apply. - We reserve the right to adjust shipping charges. - Please be sure that you understand our shipping policies prior to bidding. If you are unclear, please contact us at windsorauctionhouse@gmail.com for clarification. If you are still unsure, please enjoy the auction however, please do not bid. IMPORTANT Notices & Disclaimers - Please Read Regarding Appraised Jewelry and Loose Stones - Windsor Auction House sends them out to a third party for Retail Replacement Value Appraisals, which are the most common. These types of evaluations are written for insurance needs. This would be the cost to replace the jewelry with an item of equal quality and kind, considered to be the current market price or the replacement value. This type of appraisal is done to protect you in the event of damage or loss of a valuable item. Our appraisals are conducted by independent 3rd Party appraisal firms that utilizes Certified GIA Gemologist. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value. Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations thru out the world. Items should not be purchased with the expectation to resell for appraisal price, or for profit. Regarding Art and Memorabilia Items - All autographs come with a Third-Party Certificate of Authenticity such examples but not specifically from either PSA/DNA, Global Authentication, Spence Authentication, UDA, Online Authentics, Bittan Fine Art, Great Dane, Parkwest and distributors or publishers certs or another reputable memorabilia authenticator. Windsor Auction House is not responsible for the opinions of any of the third-party authenticators. Please email us at windsorauctionhouse@gmail.com with any specific questions.