HOULIHAN'S RESTAURANT DECOR

All items are sold AS Is, Where IS. No Refunds, Returns or Exchanges. All Sales Are Final. Please ask questions prior to bidding as ALL items are sold AS IS. 18% Buyers Premium. Florida buyers will be charged 7% sales tax unless we receive a copy of your 2014 Sales Tax Exemption prior to the start of the auction. Small items will be taken to the UPS store in Jacksonville FL for shipping. Buyer will contact UPS store (904)398-6650 & make arrangements for those items. For the shipment of large items please use the UShip Estimator which can be found under the “Shipping Tab." We can be contacted at 904-613-5422 or 904-721-7001 24 hours after sale in regards to shipping. Before Registering to Bid, Please read all terms and conditions in, as when you register you are agreeing to abide by said terms. All Bidders are Required to include their Phone Number when Registering for a Bidder Number. 1. General Conditions of Sale The offering and sale of property by Luman E. Beasley Auctioneers Inc is subject to following conditions of sale, as modified or suppliemented by other provisions (a) of the Catalogue, (b) in written supplements to this catalogue or other written material prepared by Luman E Beasley Auctioneers Inc (c) in notices posted by Luman E Beasley Auctioneers Inc and (d) in announcements made by the auctioneer, prior to or at the time of the sale (the 'Conditions of Sale'). Agent for Sale of Property Unless otherwise stated, Luman E Beasley Auctioneers Inc is acting only as an agent for the consignor of property offered for sale, at auction or otherwise, in this catalogue (the Property'). The consignor may either be the seller of the Property or an agent for the Seller. Property Sold by Lot. Property is sold by lot and all bids are by lot as numbered in the catalouge. 2. Disclaimers Concerning the Property As-Is All Items are sold As-is, Where is. All Sales are Final. Descriptive Information. To the greatest extent permitted by applicable law, neither Luman E Beasley Auctioneers Inc nor the consignor makes any respresentation or warranty with respect to the correctness or completeness of information about the Property, such as but not limited to the characteristics of age, condition, size, weight, authenticity, genuineness, attribution, origin, quality, quantity, value, medium, material, period, culture, rarity, importance, provenance, exhibitions, literature or historical revelance of the Property. Neither Luman E Beasley Auctioneers Inc nor the consignor shall be liable for damages or otherwise with respect to incorrect or incomplete information, except to the extent provided for in Paragraph 11 below. If you have questions, Please ask before bidding. Communications Not Intended as Bidding No information or statement communicated, at any time, to bidders or buyers by Luman E Beasley Auctioneers Inc (or its directors,officers,employees,agents or represetatives), orally or in writing, shall be deemed a legally binding representation or warranty (or assumption of liability) with respect to any of the above mentioned characteristics or other information about the Property, except to the extent applicable law specifically requires otherwise. Inspection of Property The property is exhibited for inspection by bidders prior to the sale. It is the bidder's sole responsibility to be fully satisfied about the characteristics and condition of the Property, including matters relating to any restoration, repair or alteration of the Property. If a bidder or bidder's agent (Luman E Beasley Auctioneers Inc employee or representative) has not examined the Property, Luman E Beasley Auctioneers Inc recommends that the bidder does NOT make a bid on the Property. Intellectual Property Rights No representation, express or implied, is made by Luman E Beasley Auctioneers Inc or the consignor as to wheatheror not a purchaser will acquire any reproduction rights, copyrights or other intellectural property rights in, or with respect to, the Property. 3. Bidding The Auctioneer will attempt to follow bidding increments as precisely as possible, but retains the descretion to change increments and further reservces the right to reject any bid or raise any bid. As a service to our customers Luman E Beasley Auctioneers Inc, offers Internet Bidding, both Absentee and Live, through Live Auctioneer. The Auctioneer is not liable for, nor has control, online transmission speeds or bid increments placed by registered users. Luman E Beasley Auctioneers Inc reserves the right to limit lots offered for auction through any online provider and is not liable for errors or failure in execution of any bid in connection with this process. Certain lots may be subject to a reserve or minimum price as agreed upon by Luman E Beasley Auctioneers Inc and the Consignor. If there is a Reserve or Minimum bid we will notate this in the description. The Auctioneer will execute the reserve on behalf of the Consignor. Luman E Beasley Auctioneers Inc reserves the right to withdraw any property prior to the auction. We reserve the right to refuse service to any person, and shall not be held responsible for any missed bids. In-Gallery Bids will take precedence over online bids. Sale to the Highest Bidder and Auctioneer's Determinations Final Highest Bidder Bidders are competing against other bidders who may be present in person at an auction or bidding by telephone, online or by other forms of absentee bids. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. It is the auctioneer's descretion to advance or refect bids as He sees fit. IF YOU ARE THE WINNING BIDDER: Please provide us with your correct contact information when registering, to include your email address and phone number. If you are the winning bidder, you will be contacted within 24 hours of close of auction, with payment procedures and shipping information if needed. You may pay by credit card online, or over the phone, or by wire transfer. Decision of Auctioneer is Final The auctioneer will also have the sole and exclusive power and authority, without liability, to (a) resolve any disputes between bidders (b) determine whether to pass or reoffer any lot for sale (c) reject or challange any bid or advance in the bidding, and (d) otherwise regulate the bidding and its increments. If the auctioneer receives more than one bid of the same value, only the first received will be accepted. 'Auctioneer' as used in these Conditions of Sale means an employee or representative of Luman E Beasley Auctioneers Inc duly licensed as an auctioneer or otherwise authorized by Luman E Beasley Auctioneers Inc to conduct an auction. 4. Buyers Premium and Sales Tax Each individual Lot sold is subject to an 18% Buyer's Premium which will be added to the successful bid price of each Lot and is payable by the Purchaser as part of the total purchase price. All Bidders who qualify for exemption must file a Sales Tax exemption form with Luman E Beasley Auctioneers Inc Prior to bidding. Items physically picked up in Florida by buyers without sales tax exemption will be charged the 7% State sales tax. Items shipped by common carrier out of State will not be charged State sales tax. 5. Payment, Collection and Shipping Responsibilities of Purchaser On the fall of the auctioneer's hammer or other acknowledgment of a successful bidder on a lot, title to the Property in that lot will pass and the successful bidder thereupon assumes full risk and responsibility for the purchased Property (including costs and expenses, handling, shipping, insurance, taxes, export and otherwise). Payment is due immediatley following the sale. Small items will be shipped via UPS Store in Jacksonville, FL 904-398-6650. We will contact you when your items have been placed with UPS. You will then call and arrange shipping info & payment for shipping. Vehicles,Motorcycles,Trailers are the responsibility of the buyer to provide shipping arrangements. It is suggested the buyer include Shipping Insurance when shipping vehicles, motorcycles, trailers or other large items not being shipped by UPS. Shipping fees on Firearms: $35.00 per long gun & $30.00 per handgun to the lower 48 states. Call for pricing on shipping to Alaska and Hawaii. Shipping Responsiblities of Purchaser: On the fall of the auctioneer's hammer, title to the Property of that lot will pass to the successful bidder who thereupon assumes full risk and responsibility for the purchased Property (including costs and expenses of handling, shipping, insurance, taxes, export and otherwise). ALL PAYMENTS MUST BE MADE WITHIN 2 BUSINESS DAYS OF CLOSE OF AN AUCTION. A purchaser may use one or more of the following methods of payment: Visa, Mastercard, Discover, American Express, Wire Transfer. To ensure that delivery is not delayed, new bidders may supply Luman E Beasley Auctioneers Inc with bank or suitable credit references before the sale. ON-SITE STORAGE INFORMATION FOR SOLD PROPERTY Storage Fee: A storage fee of $10 per day will be charged for each purchased lot remaining in Luman E Beasley Auctioneers Inc possession seven (7) business days after the date of the sale, unless arrangements have already been made to ship the items by Luman E Beasley Auctioneers Inc. 7. Purchaser Default Luman E Beasley Auctioneers Inc remedies upon purchaser default. If any provisions of the Conditions of Sale are not fully complied with by the purchaser, the purchaser will be in default. In addition to other remedies available to Luman E Beasley Auctioneers Inc and the consignor by law, including the right to hold the purchaser liable for the total purchase price, including all premiums, charges and expenses specified in the Conditions of Sale, Luman E Beasley Auctioneers Inc may, at its option (a) cancel the sale of the lot on which the purchaser defaulted, and of any other lot(s) sold to the defaulting purchaser at the same or any other auction(s) and retain as liquidated damages all payments made by the purchaser, (b) resell the purchased Property, whether at public auction or private sale, or (c) pursue any combination of (a) and (b). In the event of any default by purchaser, purchaser will be liable to Luman E Beasley Auctioneers Inc and the consignor for any defiiciency, any and all costs and expenses, including reasonable attorney's fees, collection fees and expenses, handling charges, late charges, expenses of both sales, premiums on both sales at Luman E Beasley Auctioneers Inc regular rates and other damages. Luman E Beasley Auctioneers Inc may, in its sole discretion, apply any proceeds of sale otherwise due to the purchaser or monies of purchaser in Luman E Beasley Auctioneers Inc possession to reduce or satisfy, if possible, the purchaser's obligations with respecst to the unpaid lots and other deficiencies and damages. 8. Governing Law The law of the state (excluding its conflicts of law rules) in which the Property is auctioned or sold shall govern, provided however, that if the Property is auctioned or offered for sale only through the medium of an online auction, the law of the State of Florida (excluding its conflicts of law rules) shall govern. 9. Forum for Lawsuits Consent of Bidders and Purchasers to Jurisdiction If there is a lawsuit, each bidder and purchaser hereby consents to the jurisdiction of the federal court located in, and the state courts of, the State whose law has been chosen to govern as provided in the preceding 'Governing Law' Paragraph 10. Any debt collection or dispute proceedings will be heard in Duval County, Florida. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Luman E Beasley Auctioneers Inc in the collection of funds. The purchaser agrees that a fee of 3% per month may be added to the balance of any unpaid balance due, as well as any other costs or losses incurred by Luman E Beasley Auctioneers Inc from the purchasers' failure to adhere to these terms and conditions. 10. Limitation of Liability Luman E Beasley Auctioneers Inc acts only as agent for the consignor and in no event will Luman E Beasley Auctioneers Inc be liable for any breach or default by the consignor. Without diminishing any exclusion of liability provision applicable to the specific matters covered in these Conditions of Sale, (a) in no event will Luman E Beasley Auctioneers Inc liability for any breach, or act or omission exceed the purchase price actually paid by the purchaser, and (b) in no event shall Luman E Beasley Auctioneers Inc have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenues, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether in contract, tort, neglignece, strict liability, or otherwise, arising out of, resulting from or in any way relating to (i) the Property or its purchase, sale, delivery or non-delivery, or (ii) the acts or omissions of Luman E Beasley Auctioneers Inc its agents, representatives, officers, directors, employees or affiliates. 11. Miscellaneous: Absentee Bids For bidders who do not choose to attend the auction in person or for online auctions, Luman E Beasley Auctioneers Inc may accept absentee bids at no cost to bidders. Purchasers who wish to participate in auction sales as absentee bidders must complete the applicable forms printed elsewhere in (or along with) this catalouge and shall comply with and be bound by the additional provisions applicable to such bidding. Please contact us megan@beasleyauctioneers.com or 904-721-7001. Severability. If any provision or portion thereof of the the Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed form the remaining provisions, and shall not affect the enfoceability or validity of any of the remaining provisions.