TERMS AND CONDITION
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE ESTABLISHED BY SMRJ AUCTIONS (SMRJ AUCTIONS) FOR ALL ONLINE AUCTIONS. By bidding in this auction you acknowledge that you, Bidder or Serious Buyer (or Bidder, or Winning Bidder, each of which terms may be used in place of each other) and hereby agreed to be obligated by all of the terms and conditions of this auction as described or any lot listing and these SMRJ AUCTIONS GENERAL TERMS AND CONDITIONS.
These terms and conditions and the information contained in any lot listing complies the entire agreement between Buyer and SMRJ AUCTIONS ("SMRJ AUCTIONS"). These terms and conditions and the information contained in this listing may only be altered by SMRJ AUCTIONS. By joining in this auction, Buyer agrees that Buyer is obligated by all the terms and conditions and the information included or mentioned in any listing.
SMRJ AUCTIONS, SMRJ AUCTIONS, officers and all other affiliates.
Any issues occurrence of having dis-agreement between these SMRJ AUCTIONS GENERAL TERMS AND CONDITIONS and the contents of any listing, any invoice, or the LIVEAUCTIONEER General Terms and Conditions, these General Terms and Conditions shall supersede and govern. LOT DESCRIPTIONS SMRJ AUCTIONS conforms, to the best of its knowledge that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Buyer. SMRJ AUCTIONS makes no assurance of any kind related to the information presented in any listing. SMRJ AUCTIONS further makes no assurance, either express or implied, relating to the value, marketability or condition of the lot described in any listing.
Interested or serious buyer's or bidders should carefully check the veracity of the lot prior to bidding. By bidding the Bidder indicates that Bidder has check or doubled check and has further reviewed the lot to his or her best judgment and satisfaction, or, that Bidder has elected not to do so, and agrees to accept the lot being bid on with no objections after the sale closes.
BUYER'S PREMIUM A Buyer's premium amounting to 15% of the winning bid amount will be added to the invoice total of the winning bidder. PRICE ESTIMATES High and low estimates are provided solely for the convenience of the Buyer and SMRJ AUCTIONS makes no assurance of any kind relating to them. PLACEMENT AND ACCEPTANCE OF BIDS Unless the auction of a lot is announced as absolute, SMRJ AUCTIONS reserves the right to accept or reject any bid for any reason whatsoever. Any and all bids made by a Bidder constitute irrevocable offers to purchase the lot at the maximum bid amount of the Bidder and may not be withdrawn by the Bidder under any circumstances. At the close and reconciliation of the auction, SMRJ AUCTIONS shall determine the actual winning Bidder of each lot and may, in its sole discretion, at any time, offer any Bidder a duplicate item at the Bidder's maximum bid on the lot. In the event of any dispute between bidders, or in the event of doubt on SMRJ AUCTIONS part as to the validity of any bid, SMRJ AUCTIONS will have the exclusive final discretion to determine the successful Bidder, cancel the sale, award the lot to the next highest Bidder or Bidders or to re-offer and resell the lot in dispute and SMRJ AUCTIONS is not responsible for any errors or omissions in connection therewith. SMRJ AUCTIONS reserves the right to protect any reserve price by placing floor bids, to place bids on behalf of any buyer or seller, to bid for its own account or to remove any lot from sale without notice. Any bid entered by a Bidder shall be determined in the sole discretion of SMRJ AUCTIONS to have exceeded or not to have exceeded any reserve. In consideration of SMRJ AUCTIONS's approval of the application of the Bidder to bid in SMRJ AUCTIONS's online auction, Bidder agrees to comply with and be specifically bound by the provisions of this paragraph. PAYMENT Payment of the winning bid amount, buyer's premium and shipping charge will be made at the time the auction is reconciled by SMRJ AUCTIONS using the credit card on file with LIVEAUCTIONEER. In consideration of SMRJ AUCTIONS's approval of the application of the Bidder to bid in SMRJ AUCTIONS's online auction, Bidder hereby authorizes SMRJ AUCTIONS to charge the credit card provided by Bidder to LIVEAUCTIONEER as specified herein. A $50 handling fee will be assessed for each declined credit card transaction or declined check payment and Bidder agrees to such charge. Requests for other payment arrangements will only be considered prior to the opening of bidding in any online auction, please email us: email@example.com NON-PAYING BIDDER Payment must be received within 72 hours after the end of the auction. We will report all non-paying bidders to LIVEAUCTIONEER and give their accounts to a third party collection agency for collection. Bidding on SMRJ Auctions through LIVEAUCTIONEER is a binding contract.
SHIPPING, HANDLING AND INSURANCE
For US Mainland destination: USPS First-class Mail Service - $5.95 (flat-rate for orders $200 or below)
*For orders above 200: actual USPS postal rate will be applied for the total winning bid only Canada & Mexico: USPS Express Mail Service - $30 (flat-rate)
For other International country: USPS International Express Mail : Actual shipping fee Shipments to Hawaii, Alaska, US Territories and Foreign Countries: Shipping and handling charges to these locations are higher and often require registry or express mail. Please email us for actual shipping cost.
BY BIDDING, THE BIDDER AGREES TO OUR SHIPPING AND HANDLING CHARGES. WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. Our obligation for damage to or loss of the lot ends once it has been turned over to the USPS, UPS or other shipping company for delivery. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process or the carrier. We normally ship within 3 to 10 business days after the Buyer's payment in full has been credited to our bank account (this is 3-10 business days after credit card processing). Some items may take longer to ship and all items are subject to first being received from the seller in the event that the items were not at our physical location at the time of sale. Buyers should expect their items within 4 weeks after the auction unless there was a delay in processing their payment. All shipments are subject to USPS handling delays which are beyond our control. Bidders will receive an email with tracking information once their items have been processed for shipping. BIDDER'S MUST BE SURE THAT THEIR EMAIL ACCOUNT ALLOWS RECEIPT OF EMAILS FROM firstname.lastname@example.org BY BIDDING, THE WINNING BIDDER HEREBY AGREES TO OUR SHIPPING DETAILS AS JUST STATED ABOVE. Although we like to hear from Bidders, all Bidders must refrain from contacting SMRJ AUCTIONS or LIVEAUCTIONEER with shipping status requests until 4 weeks after the auction sale. Such requests delay SMRJ AUCTIONS in shipping, listing additional lots and handling other customer matters that were not already agreed to in advance.
RETURNS AND 100% SATISFACTION GUARANTEE
We offer a 7-day return policy from the day you received the winning item with NO RE-STOCKING FEE. Risk-free Guarantee: Not happy with your winning item, just send it back to us. Money-back Guarantee: We will refund your money within 72hrs after we have validated your returned item less shipping cost and buyers' premium of (15%). All returns must have a Return Merchandise Authorization Number, to ensure a smooth processing of your refund. Please email us at email@example.com.
WE WILL STRICTLY NOT ACCEPT ANY PARCEL WITHOUT A RMA FORM OUR OFFICE.
Any issues occurring to dis-agreement between both party i.e. the Buyer and SMRJ AUCTIONS that cannot be resolved in anyway, then both party 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 California. SMRJ AUCTIONS 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 a registered or a certified mail. Failure to in the arbitration is a default. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a court of law. The parties agree 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 not 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 signing up to participate in a SMRJ AUCTIONS online 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 SMRJ AUCTIONS. By doing so Bidder specifically agrees that Bidder will not file a dispute of any kind with LIVEAUCTIONEER, a credit card, Paypal or any other third parties. In the event that Bidder violates this provision, in consideration of SMRJ AUCTIONS's approval of the application of the Bidder to bid in SMRJ AUCTIONS, Bidder confesses judgment to fraud having been committed by Bidder against SMRJ AUCTIONS and further agrees that Bidder is liable to SMRJ AUCTIONS for all damages, losses and costs, including time charges and etc.
LIMITATION OF LIABILITY
In no event shall SMRJ AUCTIONS's liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall SMRJ AUCTIONS 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 SMRJ AUCTIONS or SMRJ AUCTIONS' officers and other affiliated officer's designated by SMRJ.
Bidder's bid at all times represents an irrevocable offer by Bidder to enter into a binding contract to purchase the lot in compliance with the specific provisions of the listing and these general terms and conditions, as applicable. In the event that any reserve price of a lot is not exceeded by any Bidder's bid SMRJ AUCTIONS, 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 SMRJ AUCTIONS and are not disclosed to Bidder's 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 placed, once accepted by SMRJ AUCTIONS, 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. All bids are binding, irrevocable and non-cancelable by Bidder. There are no provisions for the placing of bids to "mark the lot" or to "test the system", etc. and any requests to cancel bids on these bases, or due to a Bidder not reading a listing, not being familiar with the bidding platform, not doing proper due diligence or failing to maintain proper control over Bidder's bidding terminal, will be denied. Such requests to cancel bids are null and void and will not excuse Bidder from Bidder's legal and contractual obligation to complete a transaction.
You agree to pay the amount of your bid plus all the taxes included and charges at that time and manner specified by the SMRJ AUCTIONS. Failure to make such payment shall be deemed to be a breach of these general terms and conditions, and, in addition to all other rights and remedies SMRJ AUCTIONS may have under appropriate law, you will be charged a re-stocking fee on transactions which are not installment payment. Bidder is responsible for any and all costs affiliated with collection of amounts owing from the Bidder, until collected; and SMRJ AUCTIONS reserves the right to bill and collect any such costs from Bidder. Costs associated with collection may include, but are not limited to, time charges, incidental expenses, attorney fees and costs associated with the use of a collection agency. The winning Bidder's failure to complete the purchase in accordance with the terms provided herein and in the listing will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges on the hosting site; credit agency reporting; legal and/or collection action. These terms and conditions and each listing contain all of the provisions applicable to the agreement between SMRJ AUCTIONS as seller and each Bidder. The provisions of these terms and conditions and of each listing supersede all other agreements, representations or understandings, whether prior or contemporaneous, oral or written, between the parties concerning that subject matter. These terms and conditions and provisions of each listing shall be binding on Buyer's heirs, beneficiaries, executors, successors and assigns.
If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions.
Any task or provisions without SMRJ AUCTIONS's written consent will be void. VENUE These terms and conditions, the contents of any listing and the contractual relationship between SMRJ AUCTIONS and any Buyer shall be interpreted under and governed by the laws of the State of California.
It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. SMRJ AUCTIONS may attempt to describe the merchandise in advertising and on the Internet but makes no representations. In no event shall SMRJ AUCTIONS be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the online auction or preview understand and acknowledge that they may not be able to inspect a lot as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. SMRJ AUCTIONS shall endeavor to describe in detail each lot and any pertinent information about it.
SMRJ AUCTIONS will not be responsible for any errors or omissions in the event that the description of the merchandise mistakenly advertised unless it is a material and intentional misrepresentation of the merchandise.
Bidder agrees that everything is sold as is and that they may not return any lot they purchase unless otherwise authorize by SMRJ Auction. Under no circumstances shall Bidder have any kind of claim against SMRJ AUCTIONS or anyone else if the Internet service fails due to power outage or work interruptions i.e. technical error correctly before or during the online auction.
SMRJ AUCTIONS will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid within 3 hours before the auction begins. SMRJ AUCTIONS reserves the right to withdraw or re-list lots in this auction.
SMRJ Auctions Rev. 09-22-2011 Revised: 12-12-2011