Terms & Conditions
As used herein the term "bid price" means the winning bid by the purchaser and the term "purchase price" means the aggregate of:
(a) The bid price
(b) California state or local sales tax
(c) Shipping cost
By registering and bidding in this auction you acknowledge that you, Buyer (or Bidder, or winning Bidder, or Purchaser, each of which four terms may be used interchangeably), hereby agree to be bound by all of the terms and conditions of this auction as described on any lot listing and these Alliance Auctions GENERAL TERMS AND CONDITIONS. These terms and conditions and the information contained in any lot listing constitute the entire agreement between Buyer and Alliance Auctions. Alliance Auctions reserves the right to changing any part of terms and conditions as well as information contained in any listing without prior notification. By participating in this auction, Buyer acknowledges that Buyer is bound by these terms and conditions and the information contained in any listing. In the event of a conflict between these Alliance Auctions TERMS AND CONDITIONS and the contents of any listing, any invoice, or any Auction Venue General Terms and Conditions, these General Terms and Conditions shall supersede and govern.
PLACEMENT AND ACCEPTANCE OF BIDS
Unless the auction of a lot is announced as absolute, Alliance Auctions reserves the right to accept or reject any bid for any reason whatsoever, at any time before, during or subsequent to any auction. Any and all bids made by a Bidder constitute irrevocable offers to purchase the lot at the maximum bid amount of the Bidder and may not be withdrawn by the Bidder under any circumstances. In the event of any dispute between bidders, or in the event of doubt on Alliance Auctions part as to the validity of any bid, Alliance Auctions will have the exclusive final discretion to determine the successful Bidder, cancel the sale, award the lot to the next highest Bidder or Bidders or to re-offer and resell the lot in dispute and Alliance Auctions is not responsible for any errors or omissions in connection therewith. Unless a sale is announced as being "without reserve," Alliance Auctions reserves the right to protect any reserve price by placing and advancing floor bids up to the amount of the reserve. Alliance Auctions may also place bids on behalf of any buyer or seller, bid for its own account or remove any lot from sale without notice at any time. Any bid entered by a Bidder shall be determined in the sole discretion of Alliance Auctions to have exceeded or not to have exceeded any reserve. In consideration of Alliance Auctions approval of the application of the Bidder to bid in Alliance Auctions, Bidder agrees to comply with and be specifically bound by the provisions of this paragraph.
All payments are required to be received up to 5 days from winning a bit. All payments to Alliance Auctions, must be provided using a paypal, credit card, bank wire, certified check, Cashier's check, money orders or personal check. If paid by paypal or credit card additional 3% for US and 5% for international will be added to total amount and must be received within 5 business days. There will be additional 5 business days hold for all type of checks, for clearance. Cashier's check will be cleared next business day when Cashier's check will be received by our office.
SHIPPING, HANDLING AND INSURANCE
Shipping We will ship your item within 10 business days after payment is received. All items will be shipped USPS Mail with Signature Required. Your item will be discretely packaged with a double box or padded envelope and sealed with security tape to prevent loss, damage, or tampering.
All sales are final! No lots are sold on approval; placing a bid is a legally binding obligation. There are no discounts, returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. Alliance Auctions is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder prior to placing any bid. Returns may only be made with the advance written authorization of Alliance Auctions and are in Alliance Auctions sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 3 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% (BUYER'S PREMIUM) of the full invoice amount may apply in Alliance Auctions sole discretion. Shipping fees are also non-refundable. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer's cost. Any unauthorized returns will be refused.
If any dispute occurs between Buyer and Alliance Auctions that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of California. Alliance Auctions shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a court of law. The parties agree that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party not prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute.
By signing up to participate in a Alliance Auctions, Bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as Bidder's SOLE means to resolve any and all disputes which may arise with Alliance Auctions. By doing so Bidder specifically agrees that Bidder will not file a dispute of any kind with an online venue, a credit card, or any other third parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that Bidder will pay Alliance Auctions a minimum of $300 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of Alliance Auctions approval of the application of the Bidder to bid in Alliance Auctions, Bidder confesses judgment to fraud having been committed by Bidder against Alliance Auctions and further agrees that Bidder is liable to Alliance Auctions for all damages, losses and costs, including time charges, resulting.
LIMITATION OF LIABILITY
In no event shall Alliance Auctions liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall Alliance Auctions have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of Buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Alliance Auctions or Alliance Auctions agents, representatives, officers, directors, stockholders, members, managers, employees, consultants or affiliates.
Last Updated: May 2013
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