The Estate of Affairs

NO RETURNS/REFUNDS - EVERYTHING AS IS WHERE IS. **THE IMAGES OF THE LOTS ARE THE CONDITION REPORT. EVERYTHING IS SOLD EXACTLY AS IS PICTURED. NO RETURNS/REFUNDS. SEE PICTURES FOR CONDITION DETAILS** ________________ 1. Conduct of the Auction: The auctioneer, referred to in this document as Velour Willington, or VW, has the right, in his/her sole discretion, to determine the conduct of the sale, including, without limitation, to advance the bidding, to reject any bid offered, to withdraw any lot, to resell any lot, and to resolve any dispute in connection with the auction or sale. In any such case, the judgment of the auctioneer is final and shall be binding upon all auction participants. If the Internet stops working during an auction, the auctioneer has the right, in his/her sole discretion, to proceed with, or reschedule, the auction. Velour Willington can both bid on and purchase lots offered by Velour Willington. You agree to allow Velour Willington to use your contact information, including your physical and email addresses, for marketing purposes. 2. Payment: Payment must be made within ten (10) days following the auction. Payment may be made by Visa, MasterCard, Amex, Discover, Venmo or PayPal. International purchases and all purchases over $2,000.00 must be paid via wire transfer. Additionally, international bidders must pay by wire transfer; no other form of payment transfer will be accepted from international bidders or buyers. Buyer consents to the completion of Buyer's credit card transaction without Buyer's signature. Checks should be made payable to Velour Willington, and mailed or delivered to Velour Willington. If a buyer fails to make timely payment as required in this paragraph, Velour Willington shall be entitled, in its sole discretion, to exercise any remedies legally available to VW, including, but not limited to, the following: (a) cancellation of the sale of the property to the non-paying buyer, including the sale of any other property to the same buyer; (b) reselling the property at public or private sale, with or without reserve; (c) retention of any amounts already paid by the buyer for the unpaid items, as compensatory damages for the lost opportunity to sell the items at full hammer price; (d) rejection of any bids of the buyer at future auctions; (e) setting off any amounts owed by Velour Willington to the buyer; (f) taking any other action Velour Willington deems necessary or appropriate under the circumstances. 3. Buyer's Premium: 25% CREDIT/DEBIT CARD or PAYPAL. PREMIUMS ADDED TO TOTAL HAMMER PRICES. 4. Sales Tax: 9.8% added to all purchases. Sales tax will not be charged if bidder provides a copy of a valid Resale Form, or Tax Exempt Certificate. Items shipped out of state are not subject to sales tax. 5. Shipping/Pick-up/Storage: VW highly recommends that bidders obtain shipping quotes prior to bidding. If you would like to obtain a shipping quote prior to the auction, contact us for a quote, or there are a list of shippers on all invoices sent out, or you may contact your own shipper. VW packs and ships items in-house. Final arrangements for shipping, and all costs associated with shipping, are the responsibility of the buyer. No items will be released for shipping until Velour Willington receives payment in full and all payments have cleared. Due to space limitations, lots must be paid for within twenty one (21) days following the close of the auction. After thirty (30) days following the close of the auction, any lot which is not picked up will be assessed a $25.00 per day storage fee. 6. Lot Descriptions / Inspection of Merchandise: Although we have described each lot as accurately as we deem possible, all property is sold AS IS, with no representation or warranty of any kind from Velour Willington or the consignor. Measurements are approximate and are provided mainly for shipping purposes. Prospective buyers are advised to personally examine any property on which they intend to bid prior to the auction. Velour Willington is not be liable for any errors or omissions contained in any catalog, report, inquiry response or in any other description of the Property. Any statements made by VW, including all statements in any report, catalog or inquiry response, are intended as statements of opinion only and are not to be relied upon as statements of fact and do not constitute representations or warranties of any kind. VW MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PROPERTY, ITS AUTHENTICITY, AUTHORSHIP, PROVENANCE, CONDITION, VALUE OR OTHERWISE. DejaVu Estate Sales & Auctions ASSUMES NO RISK, LIABILITY OR RESPONSIBILITY FOR THE AUTHENTICITY OF THE AUTHORSHIP OF ANY LOT OR PROPERTY. Velour Willington HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. 7. Estimates: Estimates are provided only as a guide for prospective buyers. VW makes no representations or warranties regarding the value or anticipated selling price of any lot or item. 8. Reserve Price: Some lots offered are subject to a reserve. A reserve is a confidential minimum price below which the lot will not be sold. VW will act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the Seller and may continue to bid on behalf of the Seller up to the amount of the reserve. 9. Withdrawals: Velour Willington reserves the right to withdraw any item from the auction for any reason and shall have no liability whatsoever for such withdrawal. 10. Entire Agreement: This Agreement sets forth the entire agreement between the Parties with respect to the subject matter referenced herein and shall supersede any and all prior agreements or understandings, whetherwritten or oral, between the Parties, except as otherwise specified in this Agreement. You expressly agree that you are not relying on any prior statements or representations, whether oral or in writing, from Velour Willington, including any made related to the condition, authenticity, authorship or provenance of the auction items. 11. Severability: If any provision, clause, phrase, words or word in this Agreement is declared illegal or unenforceable and if the provision, clause, phrase, words or word cannot be modified to be enforceable, then the illegal or unenforceable provision, clause, phrase, words or word shall immediately drop out of the Agreement (to the narrowest extent possible) and become null and void, leaving the remainder of this Agreement in full force and effect. 12. Governing Law: This Agreement shall be governed and construed in accordance with the laws of the State of Tennessee and, by registering for and bidding in the auction (whether personally, online, by telephone or by agent), the buyer agrees that the sole and exclusive venue for any litigation relating to or arising out of this Agreement or the auction shall be in the State Courts located in Madison county Tennessee. In any action directly or indirectly arising from or in connection with this Agreement and/or the Auction, the prevailing party shall be entitled to recover its reasonable attorneys fees and taxable costs from the non-prevailing party. These enforcement rights shall be cumulative with, and not success give or exclusive of, any other legal remedies which may be available to the Parties of this Agreement. 13. Attorneys Fees: In any action directly or indirectly arising from or in connection with this Agreement and/or the Auction, the prevailing party shall be entitled to recover its reasonable attorneys fees and taxable costs from the non-prevailing party. These enforcement rights shall be cumulative with, and not successive or exclusive of, any other legal remedies which may be available to the Parties to this Agreement.