Auction Terms & Conditions
Addison & Sarova Auctioneers GAL#AU-C002906
By bidding in this auction, you are agreeing to the following terms:
The following Conditions of Sale and Advice to Bidders are conditions upon which all property is offered for sale by Addison & Sarova. By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) the buyer agrees to be bound by these Conditions of Sale. Additional terms and conditions, and/or amendments to the below terms, may be posted or announced from the auction block prior to the sale and shall be equally binding.
Conditions of Sale
1. PROPERTY SOLD AT AUCTION BY ADDISON & SAROVA IS SOLD ON BEHALF OF CONSIGNORS AS THEIR AGENT. PROPERTY IS SOLD "AS IS" AND "WHERE IS" AND SOLD NOT SUBJECT TO RETURN. NEITHER ADDISON & SAROVA NOR THE CONSIGNOR MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR ITS VALUE. NO STATEMENT (ORAL OR WRITTEN) IN THE CATALOGUE (ONLINE OR PRINT) BY ADDISON
& SAROVA OR BY THE CONSIGNOR (OR BY THEIR RESPECTIVE AGENTS), AT THE SALE, OR ELSEWHERE SHALL BE CONTSTRUED AS A WARRANTY, EXPRESS OR IMPLIED. CONDITION STATEMENTS, GRADES, WEIGHTS AND ANY OTHER STATEMENTS REGARDING ANY LOT ARE STATEMENTS OF OPINION ONLY. ALL LOTS ARE AVAILABLE FOR PHYSICAL INSPECTION PRIOR TO SALE, AND BIDDERS ARE ENCOURAGED TO INSPECT LOTS PRIOR TO BIDDING.
2. All bids are to be per lot as numbered in the catalogue.
3. Neither Addison & Sarova (nor any agent or representative thereof) nor the Consignor makes any representation that the purchaser of print material or works of art will acquire any copyright or reproduction rights thereto.
4. Addison & Sarova reserves the absolute right to withdraw any property at any time before its actual final sale, including during the bidding. Addison & Sarova also reserves the right to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid.
5. Any right of the purchaser under this agreement or under the law shall not be assignable and shall be enforceable only by the original purchaser. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind.
6. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, Addison & Sarova sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects.
7. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer's premium of 20% of the final bid on each lot ("the Buyer's Premium"), plus all applicable sales taxes. An additional 3% may be charged on any purchase made via an online bidding platform auction (making the total buyer's premium 23%). Tax-exempt bidders must provide proof of exemption at the time of registration.
8. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon immediately assumes full risk and responsibility therefor, and who will immediately pay the full purchase price therefor. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Addison & Sarova and the Consignor by law (including without limitation the right to hold the purchaser liable for the bid price), Addison & Sarova, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or (b) resell the property, either publicly or privately, for the account and risk of the purchaser. In such event the purchaser shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and sales commission at its regular rates and all other charges due hereunder. Addison & Sarova may also impose late charges of 1.5% per month (or the highest rate allowed under applicable law, whichever is lower) on any amounts unpaid.
9. All property shall be removed from Addison & Sarova by the purchaser at his expense no later than five (5) days following its sale, and if not so removed may be sent to a public warehouse at the account, risk and expense of the purchaser. Whether sent to a warehouse or stored by Addison & Sarova, the purchaser shall be liable for all actual expenses incurred plus a storage charge of 5% of the purchase price.
10. Under no circumstances will the Consignor receive any rebate commission. Under no circumstances may the Consignor bid upon or buy back his property. Addison & Sarova (or agents thereof) reserves the right to bid on lots as may be necessary to protect seller reserves. "By- bidding" or any other fraudulent bidding or collusion by bidders in an effort to affect selling prices is strictly prohibited, and any parties found to be engaged in such activity may be prosecuted to the fullest extent of the law.
11. Except as may be otherwise expressly provided herein, any and all claims of a purchaser shall be deemed to be waived and without
validity unless delivered in writing by registered mail return receipt requested to Addison & Sarova within fifteen (15) calendar days of the date of sale.
12. The rights and obligations of the parties shall be governed by the laws of the State of Georgia. All bidders and the purchaser submit to the personal jurisdiction of the Georgia State courts and their rules and procedures in the event of any dispute.
13. No waiver or alteration of any of these Conditions of Sale or the Advice to Bidders shall be effective unless it is in writing and signed by a representative of Addison & Sarova or unless it is publicly announced by the auctioneer from the auction block prior to sale.
14. Payment is due at the end of the sale, and floor bidders must pay before leaving. Out of town bidders will be sent an invoice and sums shall be due within 5 days. Payment may be remitted by Credit Card (subject to 2.5% surcharge), Cash, Cashier's Check, Money Order, Personal Check, or by Wire. Buyers paying by personal check will not be allowed to take property into their possession until the funds have cleared our bank. Wire transfers must be sent in funds denominated in U.S. Dollars, and the buyer is responsible for all costs related to the transfer. For any checks returned by our bank, Addison & Sarova will assess a $100 fee to the buyer.
15. THE "CONDITIONS OF SALE" AND "ADVICE TO PROSPECTIVE BIDDERS" ATTACHED HERETO FORM PART OF THIS BIDDER CONTRACT. BY BIDDING IN THIS AUCTION, YOU ACKNOWLEDGE RECEIPT OF THE ABOVE AND AGREE TO BE BOUND BY THE TERMS OF THIS BIDDER CONTRACT.
Advice to Bidders
1. ALL PROPERTY IS SOLD SUBJECT TO THIS ADVICE AND THE CONDITIONS OF SALE.
2. IDENTIFICATION. Government issued ID, preferably a current driver's license, is required to register for any auction. For out-of-town bidders, a photo-copy or facsimile of ID is sufficient.
3. INSPECTION OF PROPERTY. Prospective bidders or their agents should inspect property prior to the auction. Addison & Sarova staff are available to advise prospective bidders at all pre-sale exhibitions and by appointment. Catalogue descriptions are provided for the bidder's consideration but should not be construed as a substitute for physical examination of property.
4. SALES TAX. All items purchased are subject to payment of City and State sales taxes unless the purchaser presents proof of exemption therefrom. Purchases will not be released unless all sales tax requirements are satisfied. Purchases shipped outside of the State of Georgia are not subject to sales tax.
5. BIDDING INCREMENTS. $5 up to $50; $10 up to $150; then $25 to $500; $50 to $1,000; $100 to $2,000; $250 to
$5,000; $500 to $10,000; $1,000 to $15,000; $2,500 to $50,000; and approximately 10% of the current bid thereafter. However, the auctioneer may modify the increments at any time. The auctioneer reserves the right to refuse any bids.
6. RESERVES. Lots are sold subject to a reserve, which is the confidential minimum price agreed to with the seller below which the lot will not be sold. The reserve will never be higher than the low pre-sale estimate. In most cases, the auctioneer will implement such reserve by opening the bidding at the reserve price.
7. ESTIMATES. The estimates provided are intended as a guide to bidding. The figures are educated guesses based on recent trends, and such estimates reflect our opinion as to the amount for which a lot will sell in an auction setting. The estimates are exclusive of the buyer's premium, and may be revised at any time prior to the auction. Final bid prices may be significantly higher or lower than the estimated figure. The estimates are often a small fraction of retail prices one may or may not find for similar items on the retail market, and thus, the estimates do not imply any warranty or guarantee of retail or intrinsic value.
8. BIDDING. All persons attending the auction must obtain a bidding number prior to bidding. If bids cannot be made in person or by an agent, they may be made by mail, fax, telephone or online (for most auctions). Regardless of the bidding method, each bidder is required to register for the sale by signing the Bidder Contract and obtaining a bidder number.
9. ABSENTEE BIDS will be executed competitively by Addison & Sarova on the bidder's behalf. Bids by absentee should be stated in U.S. dollars using the Absentee bidder form available online, by email or by postal mail.
10. SHIPMENT. Upon request, we will facilitate the shipping of purchases to out-of-town buyers at an additional charge for packing, postage and insurance, but will not be responsible for any loss, damage or delay resulting from the packing, handling and shipping thereof. Addison & Sarova is the sole judge of the method to be used for shipment, and shipping will be provided by either UPS or FedEx. Please Note: No shipping service is provided for shelf-lots of books (pick-up or buyer-arranged third-party shipping only).
11. CREDIT. Bidders registering for the sale may, at our discretion, be required to provide credit references, additional proof of identity, or any other details Addison's deems necessary to establish the bidders credibility.
12. DESCRIPTIONS. Descriptions of quality, grade, weight, measurements or any other statements of condition made in the online catalogue, print catalogue, or made orally by the auctioneer (or any agent of Addison & Sarova) are statements of professional opinion only and should not be relied upon as a substitute for physical inspection of property by the bidder prior to bidding.
13. Some online bidders may be required to provide credit card information to us prior to the auction to secure their bids. Any lots won, and shipping charges, will be charged to the credit card provided.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.