Sports Authentic Memorabilla

PAYMENT AND BIDDER AGREEMENT THIS AGREEMENT BINDS YOU TO ARBITRATION AND BY AGREEING TO THE TERMS HEREIN YOU ARE GIVING UP YOUR RIGHT TO BRING A LAWSUIT AGAINST SAA. BY BIDDING, THE BIDDER AGREES TO HAAS GALARIES SHIPPING AND HANDLING POLICY AND OTHER CHARGES, WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. BIDDER FURTHER AGREES THAT NEITHER DELIVERY OF AN ITEM AFTER THE DATE DESIRED OR EXPECTED BY BIDDER OR LOSS OF AN ITEM BY A THIRD-PARTY DELIVERY ENTITY GIVES RISE TO A CAUSE FOR A CHARGEBACK CLAIM AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM 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, AS APPLICABLE, 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. All items will include a certificate of authenticity. HAAS GALARIES believes to the best of its knowledge that the information presented in any auction has come from reliable sources. HAAS GALARIES 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. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from HAAS GALARIES that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. Items sold by us are sourced from multiple channels. 2. HAAS GALARIES as applicable, make 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, and completeness, condition of property or estimate of value. Any appraisals, Estimates (as defined herein) or evaluations provided are solely for the convenience of the bidder and HAAS GALARIES makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region.. The terms Estimate or Estimated Value (collectively 'Estimate') as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. Similarly, no appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed such a warranty or representation, or any assumption of responsibility. In no circumstance will a vastly different appraisal or estimate of any third-party given on behalf of a purchaser in a HAAS GALARIES auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs. 3. In no event shall HAAS GALARIES liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall HAAS GALARIES 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 HAAS GALARIES 4. The successful bidder is the highest bidder acknowledged by HAAS GALARIES. In the event of any dispute between bidders, or in the event of doubt on HAAS GALARIES part as to the validity of any bid, the HAAS GALARIES 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, HAAS GALARIES sale record is conclusive. While HAAS GALARIES makes every effort to guarantee accuracy, in the event of a mistake on the part of auctioneer, and a lot is accidentally declared sold by mistake of the auctioneer, HAAS GALARIES reserves the right to cancel the sale and relist the lot in its sole discretion. Bids may be received by HAAS GALARIES through the internet, telephone, facsimile, or e-mail. Bidding through a telephone, facsimile, or e-mail are only available to pre-qualified dealers or resellers. 5. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid. 6. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by HAAS GALARIES. In the event that any reserve price of a lot is not exceeded by any bidder's bid, HAAS GALARIES, in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of HAAS GALARIES and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid, once accepted by HAAS GALARIES, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancelable by bidder. HAAS GALARIES has final discretion on sale of a lot. The decisions of HAAS GALARIES are final. In the unlikely event that we lose our internet connection, HAAS GALARIES reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 8. HAAS GALARIES reserves the right to reject any bid at any time and at his sole discretion. HAAS GALARIES additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. HAAS GALARIES reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 9. If any dispute occurs between a bidder and HAAS GALARIES 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 Nebraska. HAAS GALARIES 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. In the event that an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees 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 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 participating in an HAAS GALARIES auction, 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 HAAS GALARIES. 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. In the event that Bidder violates this dispute resolution provisions, in consideration of HAAS GALARIES approval of the application of the bidder to bid in HAAS GALARIES auction, bidder confesses judgment to fraud having been committed by bidder against HAAS GALARIES and further agrees that bidder is liable to HAAS GALARIES for all damages, losses and costs, including time charges, resulting.