HammerDrop Auctions Terms of Sale
Please read this document carefully before executing. This is a legal document which affects your legal rights. The undersigned individual or entity (herein after referred to as ?Buyer?), for and in consideration of good and valuable consideration, including but not limited to the right to participate in and purchase items at the auction sale, the receipt and sufficiency of which is hereby acknowledges, intending to be legally bound, hereby agrees as follows:
Registration: All Buyers must register prior to placing a bid. Registering is accomplished by reading and signing these Conditions of sale.
No refunds. All sales are final. No refunds, exchanges, credits or returns will be given or accepted.
Buyer Highest Bidder: Buyer that places the highest bid shall have the right and obligation to purchase the item. If disputes arise, the Auctioneer has the absolute discretion to settle them and to re-auction the merchandise if necessary.
Right To Reject Bids: HammerDrop Auctions has the right to refuse any bid, to divide any lot, to combine two or more lots and to withdraw any lots without giving reason.
Reserves: HammerDrop Auctions can set reserves and if the reserve is not met the lot or lots in question can be withdrawn or passed at any time without any further notice. Auctioneer, at his discretion can re auction a passed item. HammerDrop Auctions, Auctioneer and/or its agents reserve the right to bid on any item and set reserves.
Sales Tax: All sales in the state of California are subject to state sales tax of 9% unless a valid resale number is provided.
Payment of Sale: All merchandise must be paid for within two day of the sale.
Forms of Payment: Payment is accepted in the form of Visa, MasterCard, American Express, Discover, Wire Transfer, or Paypal. Valid identification is required for all forms of payment.
Merchandise: All merchandise will be shipped within two business days after payment is received.
Warranties and Guarantees: ALL ART IS GUARANTEED TO BE GENUINE. ALL JEWELRY IS GUARANTEED TO BE GENUINE. All merchandise will be sold ?AS IS,? ?WHERE IS? and ?WITH ALL FAULTS.? HammerDrop Auctions does not make and will not make any representation or warranty of any kind whatsoever, whether implied, express or statutory, whether oral or written, regarding the value of any item. Nor does HammerDrop Auctions make any representations as to quality, quantity, fitness or condition, usability, merchantability, salability, weight, measurement, age or year, value, color, origin or composition of merchandise. It is up to Buyer at his, her, or its expense, if desired, to determine the value of the item(s) in question. The Buyer shall not rely upon anyone?s opinion of value whatsoever, whether given by the Auctioneer or anyone else, but on the Buyer?s own opinion. Any opinions expressed by the auctioneer, or any employees or agents of HammerDrop Auctions are strictly opinions and shall not be relied upon, and are not being relied upon, by Buyer in purchasing any merchandise whatsoever, and any such opinions shall not be binding upon HammerDrop Auctions. Jewelry values are the opinion of the appraiser and not HammerDrop Auctions.
Transfer of Title: HammerDrop Auctions reserves 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. The sale cannot be transferred and constitutes a valid and binding agreement.
Dispute Resolution: By acceptance of the merchandise described above, Buyer agrees that all disputes between the parties, or arising from the relationship between the parties, and all disputes arising from or related to the merchandise included on this invoice, including the scope of this arbitration agreement, shall be resolved by binding arbitration by the American Arbitration Association, under the Code of Procedure/Commercial Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. Information may be obtained and claims may be filed at any office of the American Arbitration Association, provided however that such arbitration and any meetings related thereto shall be conducted in Fulton County, Georgia. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
Entire Agreement: These conditions of sale represents the sole agreement between HammerDrop Auctions and Buyer and constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of these conditions of sale and supersedes all prior and contemporaneous understandings or agreements of the parties. These conditions of sale may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into these conditions of sale, nor is any party relying on any representation, understanding, agreement, commitment or warranty outside those expressly set forth in these conditions of sale.
Integration: These conditions of sale constitutes the entire understanding of the parties and there shall be no modification or waiver of the terms of these conditions of sale except by writing and then signed by both parties.
All items are subject to a confidential minimum price and we implement such minimum price by opening the bid, continuing the bidding or placing bids in response to other bidders, up to the amount of the confidential minimum price.
Limit of Liability: In no event will HammerDrop Auctions be liable for incidental, indirect or consequential damages of any kind. The maximum cumulative liability relative to all other claims and liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured, will not exceed the cost of the products giving rise to the claim or liability. Any action against HammerDrop Auctions must be brought within three (3) months after the cause of action accrues. These disclaimers and limitations of liability will apply regardless of any other contrary provision of the Agreement and regardless of the form of action, whether in contract, tort or otherwise, and further will extend to the benefit of HammerDrop Auctions vendors, appointed distributors and other authorized resellers as third-party beneficiaries. Each provision in the Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
Attorney?s Fees: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under these conditions of sale (whether in contract, tort, or both) or seeks a declaration of any rights or
obligations under these conditions of sale, the prevailing party shall be awarded its reasonable attorney?s fees, and expenses incurred.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All merchandise is sold ?AS IS,? ?WHERE IS,? and ?WITH ALL FAULTS,? unless otherwise specifically stated. HammerDrop Auctions its employees and/or agents shall not be held responsible for any errors or omissions in the description of the merchandise. By signing below, Buyer acknowledges that he/she has fully read and agrees to the terms and conditions stated in the Bidding Agreement attached hereto, the terms and conditions of which are incorporated herein by the reference, and authorizes HammerDrop Auctions, inc. to process payment for the total amount shown on the invoice.