October Estate Auction

TERMS AND CONDITIONS 1. A buyer's premium of 15% of the hammer price will be added to each purchase to reach the total sales price. 2. The total sales price is subject to applicable sales tax. Florida residents will pay all applicable taxes unless a tax exemption form is on file. 3. Acceptable forms of payment are cash, PayPal, Visa, MasterCard and Discover. (All funds must clear our bank before lots will be shipped). 4. Complete payment is required within 7 days of auction close. If payment is not made within 7 days the Auction House reserves the right to cancel the sale. 5. Paid items must be removed from the auction floor within 7 days of close of Auction. 6. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet, or other absentee bid. 7. Payment, Collection, and Shipping Responsibilities of Buyer. Buyer Obligations: On the fall of the auctioneer's hammer, title to the property immediately transfers to the successful bidder who, in turn, becomes the buyer of the Property. The buyer immediately assumes full risk and responsibility for the purchased Property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer's premium, applicable taxes, and any other associated expenses. It is the responsibility of the buyer to pay all shipping costs. If the order is REFUSED, RETURNED DUE TO INSUFFICIENT ADDRESS, INCORRECT ADDRESS, UNCLAIMED or is returned without reason enclosed, buyer will be contacted for correct shipping information and an additional fee will be charged to buyer for 2nd shipping. Vero Beach Auction, Inc. is not responsible for packages that are lost or damaged in transit or packages that are detained in customs. It is the sole responsibility of the buyer to provide accurate shipping addresses. It is the responsibility of the buyer to report and file any claims with the shipping carrier. We will ship most items in house directly to you. Any fragile items as well as larger items are packed and shipped by a 3rd party packer & shipper. Our recommended 3rd party shippers are: PAK MAIL (772) 231-0021 located at 505 Beachland Blvd, Vero Beach, FL, 32963 PAK MAIL (772) 770-3666 located at 762 South US Highway I, Vero Beach, FL 32962 TSC Moving at 888-219-6054. Please call them directly for quote. Collection of Property and Storage Charges: The buyer will pay for the purchased Property immediately and remove it from the premises of the Auction House within seven (7) days of the sale. We are not responsible for any damage or loss on property purchased but not removed from premises. If the purchased Property is not removed within seven (7) days of the sale, the buyer will thereafter be assessed a $10 per lot storage charge per day which must be paid in full prior to releasing merchandise. The Auction House may, at its discretion, remove the purchased Property to public storage at the buyer's risk and expense. All associated charges will be added to the total invoice and must be paid in full before the Property will be released. Under no circumstance will an item be stored longer than 30 days. Any item not picked up within 30 days will be considered abandoned merchandise and will become the property of Vero Beach Auction, Inc. 8. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot for sale, c) reject or challenge any bid or advance in the bidding, d) exclude any bidder from the premises and e) otherwise regulate the bidders, the bidding and its increments. 9. In the event of a tie between an online bidder and a floor bidder, the floor bid will take precedence. The auctioneer's decision will be binding and final. 10. The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes. 11. Some lots may be offered subject to a reserve. A reserve is a confidential minimum price below at which such a lot will not be sold. 12. Vero Beach Auction, Inc. will not be held responsible for error or failure to execute bid(s). Absentee bids must be submitted on a fully completed and signed absentee bid form along with the required credit card information. This can be downloaded on our website. Phone bidding is available and must be arranged in advance with our staff. We suggest that phone bid arrangements be made 48 hours (not including weekends) before the start of the auction in order to ensure adequate processing time. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA THE ONLINE BIDDING SERVICE. 13. Purchasers should inspect the merchandise and are urged to do so at the Auction site. 14. Descriptions provided in the on-line catalog format may or may not include condition reports. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. The Auctioneer makes no warranty as to condition and shall not be responsible for any defects in any Lot. All goods are exposed for Public Exhibition and viewing only. Item descriptions, dimensions and estimates are provided for guidance only. It is the buyer's responsibility to inspect all lots prior to bidding and to ensure that the condition is to their satisfaction. We do our best in giving full descriptions, however these are for guidance only, and all lots will be sold "AS IS/WHERE IS" and "WITHOUT ANY GUARANTEES". There are no warranties of authenticity as to Artist, period piece, or manufacturer of any item. Under no circumstance are returns accepted. There are NO REFUNDS. 15. Bidding at a Cataloged Auction indicates that you have read and accepted these terms and conditions. 16. Buyer Default Remedies: If any of the Terms of Sale are not fully complied with by the buyer, the buyer will be in default without need of notice by the Auction House. The buyer shall be liable to the Auction House and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to the Auction House by law, the Auction House may, at its option, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the buyer, b) resell the purchased Property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In event of default, the buyer will be responsible to the Auction House and the consignor for any deficiency, any and all costs and expenses, including reasonable attorney?s fees, collection fees and expenses, late charges, and other damages. The Auction House may, at its discretion, apply any proceeds of sale otherwise due to the buyer or monies of the buyer in the Auction House's possession to reduce or satisfy the buyer's obligations. Security Interest: As security for full payment to the Auction House and the consignor of all amounts due, the buyer grants the Auction House the right to retain a security interest in the Property purchased at auction and in any other property or money of buyer in the Auction House's possession or coming the Auction House's possession (collectively, "collateral"). The Auction House shall have the rights of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest in the Property or other collateral will cease when the Property is physically delivered to the buyer or the buyer's agent. 17. Internet Bids The Auction House has engaged the services of Live Auctioneers for its clients who wish to bid and buy online. Please proceed to liveauctioneers.com for all necessary information on how to bid and buy online using this system. The user of Live Auctioneers indemnifies and holds the Auction House and its consignors harmless against any claim arising out of or resulting from your use of the Live Auctioneers site, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall the Auction House and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site. If you place absentee bids with the Auction House and/or Live Auctioneers and also bid in person, by phone or any other means, it is solely your responsibility to cancel any or all absentee bids prior to the start of the auction. If you do not or cannot, regardless of reason, you will be held responsible for the property's purchase. 18. Purchasing items, registering, or any of forms of communication with the auction allows use of emails and/or other information strictly for auction promotional & communication uses. Information is used solely for Vero Beach Auction, Inc. 19. Online Purchase of Firearms: Internet buyer is subject to all applicable local and federal laws, including background checks and restrictions. Firearms sales are non-refundable, non-contingency. Buyer may pick up firearms at FLL licensed dealer, T & T Firearems & Specialty Sales, located at 1060 Old Dixie Hwy SW, Vero Beach, FL 32962 on Monday following the auction, or have them shipped. Firearms shipping from FFL dealer to FFL dealer only, and buyer is responsible for any fees from all FFL dealers involved, as well as shipping/handling charges. A fax or email from your FFL dealer is required before shipping. It is the responsibility of the Internet Bidder to determine his/her own ability to purchase a firearm in your state. If you fail to qualify in your state you will then own a weapon that you can not possess. All sales are absolutely final on the day of the sale. If you are an International Bidder, you must have a point of shipping in the United States for firearm purchases only. No international shipping will be done on firearms of any kind. You must be at least 18-years of age to purchase long guns, over 21-years old to purchase hand guns. ATF Forms will be completed on all guns with the exception of pre-1898 antiques. Vero Beach Auction, Inc. has not fired any firearm in this auction. As such we cannot and do not warranty these items. Vero Beach Auction, Inc. sells FIREARMS ONLY in the United States. NO FIREARMS OR AMMO WILL BE SHIPPED INTERNATIONALLY. 20. Buyer hereby agrees that any suit, action or legal proceeding arising out of or relating to the auction shall be brought solely and exclusively in the courts of the State of Florida in and for Indian River County. Buyer further waives the right of jury trial, considering arbitration and reasonable means of reconciliation foremost.