Style & Sound: A Case for a Cause

CONDITIONS OF SALE Live & Online Charity iPod Case Auction This agreement is by and between Ecko.Complex LLC and the purchaser relative to the property listed herein. The following Conditions of Sale are the complete and only terms and conditions on which all property is offered for sale. The following bidding increments will be used: $0-$99 by $5 $100-$499 by $10 $500-$999 by $25 $1000-$1499 by $50 $1500-$5000+ by $100 1. All property is sold "AS IS" and Ecko.Complex LLC makes no warranties or representations of the correctness of the catalogue or the other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of the property and no statement anywhere, whether oral or written, shall be deemed such a warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. Ecko.Complex LLC makes no representations or warranties as to whether the purchaser acquires any copyrights, including but not limited to, reproduction rights in the property. 2. Payment may be made with Cash or Cashier's check, credit card or personal check. 3. The authenticity of the Authorship of the property listed in this catalogue is guaranteed by Ecko.Complex LLC for one year from the sale date. If within one year's time the purchaser returns the lot in the same condition as when purchased and gives us written proof from a recognized impartial expert which establishes beyond a reasonable doubt that the returned lot is in fact a counterfeit or a forgery intended to deceive and that this was not indicated by a fair reading of the catalogue or the auctioneer's comments at the time of sale, then we and the consignor will rescind the sale and refund the purchase price. This non-assignable guarantee is applicable only to the receipt-bearing original purchaser. 4. We reserve the right to withdraw any property before or during the sale and shall have no liability whatsoever for such withdrawal. 5. We reserve the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive. Although at our discretion we will execute order bids as a convenience to clients who are not present at auctions, we are not responsible for any errors or omissions in connection therewith. 6. If the auctioneer decides that any opening bid is below the reserve of the article offered, he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid he decides that any advance thereafter is insufficient, he may reject the advance. 7. On the fall of the auctioneer's hammer, title to 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. Such bidder thereupon (a) assumes full risk and responsibility and (b) will pay the full purchase price upon notification that client is the successful bidder. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% of the total purchase price per week if payment is not made within 5 business days following its sale. The purchaser at his/her expense must also remove all property from our premises not later than 10 business days following its sale. If property is not so removed, (i) a handling charge of 1% of the total purchase price per month until its removal will be payable to us by the purchaser, with a minimum of 5 % for any property not so removed within 60 days after the sale, and (ii) we may send the purchased property to a public warehouse at the risk and expense of the purchaser. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to Ecko.Complex LLC 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 and our commissions on both sales at our regular rates, all other charges due hereunder and incidental damages. In addition, a defaulting purchaser will be deemed to have granted us a security interest and we may retain as collateral security for such purchaser's obligations to us any property in our possession owned by such a purchaser. In the event a purchaser pays a portion of the total purchase price, we may apply payment in our sole discretion to the lot we deem appropriate. We shall have all of the rights accorded a secured party under the Uniform Commercial Code with respect to such property and we may apply against such obligations all monies held or received by us, or due from us, to the account of the purchaser. At our option, payment will not be deemed to have been made in full until we have collected good funds represented by checks, or, in the case of bank or cashier's checks, we have confirmed their authenticity. 8. Some lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. We may implement such reserves by bidding, on behalf of Ecko.Complex LLC. 9. Unless exempted by law, the purchaser will be required to pay the New York State and local sales tax or any applicable compensating use tax of another state on the total purchase price. 10. These Conditions of Sale, as well as the purchaser's and our respective rights and obligations hereunder, shall be governed by, construed and enforced in accordance with the laws of the State of New York. By bidding at an auction, whether present in person, by agent or by other bid, the purchaser shall be deemed to have consented to the exclusive jurisdiction of the state courts and federal courts sitting in the State of New York. 11. Ecko.Complex LLC is not responsible for packing, shipping or providing insurance for sold items. Successful bidders are responsible for making ALL shipping arrangements. Ecko.Complex LLC can suggest qualified shippers if necessary, and a handling fee will be charged. 12. We, Ecko.Complex LLC, are not responsible for the facts or omissions in our packing or shipping of purchased lots or other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots is at the entire risk of the purchaser. 13. In no event will our liability to a purchaser exceed the purchase price actually paid. 14. During the auction, we are not strictly adhering to numbers in any specific order in this catalogue. These are to be used as references and the auctioneer will announce them as they come up in the auction block. Also, unsold items will be brought up upon request to be open the bidding. 15. Any person who places a bid on an item in the auction hereby accepts these conditions of sale described above.

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