We have the privilege to offer for sale a wonderful collection of sculptures, framed paintings, prints from a private collection. This art is from one collection of long time collectors.
The following are the terms and conditions which apply specifically to this catalog:
YOUR REGISTRATION IN THIS FATHER TIME® AUCTION AS A BIDDER MEANS THAT YOU AGREE TO ALL THE FOLLOWING AUCTION TERMS AND CONDITIONS WITHOUT EXCEPTION:
1. Please read these Terms and Conditions carefully. They contain important information about our live and online auctions, and your rights and responsibilities as a bidder.
2. FatherTime.Com Auctions, LLC. (“Auctioneer” or “Father Time® Auctions”) hereby grants to the Bidder the right to use the assigned number provided by Auctioneer to Bidder (the “Bid Number”) for the purpose of bidding at an auction sale online and/or at the auction location set forth in the FatherTime.Com Auction Website Auction Directory, AuctionZip.com website or any other means by which you are attending (the “Auction”) event, subject to these Terms of Bidding & Sale (the “Terms”). “Bidder,” as that term is used herein, means the party, who registers on line and/or whose signature appears on the Bidder’s Registration Agreement, a party that bids at the Auction by absentee bid, a party that bids at the Auction online, and any other party that is assigned a Bid Number and uses that Bid Number to bid at the Auction. Any and all rights granted to Bidder pursuant to the Terms may be revoked or refused by Auctioneer at any time at the Auctioneer’s sole discretion. Bidder understands and agrees that the Bidder is responsible for complying with all Terms including but not limited to payment of all purchases by Bidder at the Auction, regardless of whether such purchases were made by Bidder for or on behalf of another party.
3. By making a bid, regardless of how such bid is made, Bidder acknowledges that Bidder has received, read, understands, and agrees to comply with and be bound by the Terms.
4. Live bidder registration requires a valid state photo driver’s license or valid state identification card and you may be photographed for security purposes. Auctioneer will assign Bidder a “Bidder Number” as Bidder’s auction identification and Bidder will be responsible for all charges to that number. If your “Bidder Number” is lost or stolen you will still be responsible for the payment of the charges to your assigned “Bidder Number”.
5. Online bidding registration: To gain access to the Auctioneer’s bidding system, you will need to register obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer’s auctions indefinitely, should you provide any false information during the registration process.
6. Bidder, whether an individual or acting as a principal, agent, employee, officer, or director of a corporation, limited liability company, partnership, or other entity, jointly and severally agrees to: (a) defend, indemnify, and save harmless Auctioneer, Auctioneer’s consignors, Seller’s and their respective officers, directors, employees, agents, attorneys, and its consignors against and/or from any and all actions, causes of action, suits, damages, costs, expenses, including but not limited to reasonable attorneys’ fees, and losses of any nature, including injury and death, arising from the Bidder’s, Auctioneer’s, or Auctioneer’s consignor’s acts or omissions or the purchase or use of any of the goods purchased at the Auction, or the attendance or participation of Bidder, or Bidder’s agents, officers, directors, or employees, at the Auction and/or on the Auction site whether before, during, or after the Auction; and (b) pay the purchase price, Auctioneer’s fees, sales taxes, Buyer’s Premium and/or commissions, any applicable Department of Motor Vehicles (DMV) fees, and taxes due on all Lots purchased by Bidder at the Auction.
7. ALL GOODS SOLD AT THE AUCTION ARE “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.” THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS. ALL WARRANTIES REGARDING SUCH GOODS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. SPECIFICALLY, BUT WITHOUT LIMITATION, AUCTIONEER MAKES NO REPRESENTATION OR WARRANTY THAT ANY OF THE GOODS CONFORM TO ANY STANDARD OR REQUIREMENT IN RESPECT TO SAFETY, POLLUTION, OR HAZARDOUS MATERIAL OR CONFORM TO OR COMPLY WITH ANY APPLICABLE LAW, CODE, SAFETY STANDARDS OR ARE OF ANY PARTICULAR AGE, YEAR, MAKE, MODEL, CONDITION, OR CONFORM TO ANY SPECIFICATIONS OF OR LITERATURE OR ADVERTISEMENT DESCRIBING THE GOODS.
8. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. THIS SALE IS A SALE TO THE BUSINESS COMMUNITY OF “EQUIPMENT” AND “INVENTORY” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS WILL OR IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, BUT DESCRIPTIONS ARE NOT GUARAUNTEED.
9. All sales are final and no sale shall be invalidated. There are no returns or refunds and credit payments cannot be reversed. Payment by Cash, MasterCard, and Visa Payment will be accepted. American Express or Check(s) will not be accepted. We are not responsible for accidents or injuries on site. Items must be paid for and removed the day of the sale. Any announcements made day of sale take precedence over any printed material or prior announcements and advertising.
10. When the auctioneer declares the item to be SOLD and acknowledges you as the winning bidder you immediately take possession of and are solely responsible for the items you purchase and shall bear all risk of loss regarding the Lot(s). After you take possession of your purchase(s), no refunds will be given in the event your item is lost, stolen, or damaged. You will be the sole judge of an item's condition, maker, authenticity, running and working order etc. and ultimately your bid amount will be determined solely by you and from information drawn from your own pool of knowledge not exclusively from Father Time Auctions information, it is the bidders sole responsibility to review, analyze and determine the condition and value before bidding. You must pay for your items before removing the items from the auction premises and be prepared to show a receipt for your purchases if asked by a Security official or a staff member of Father Time Auctions. You are responsible for removing the items from the premises in a careful and diligent manner. Father Time Auctions is not responsible to help you remove your purchases.
11. You may inspect the items to be sold at auction, that if you, or someone you are legally responsible for, break or damage an item, you will be charged for that item. The value of that item will be determined solely by Father Time Auctions without exception.
12. All information and advertising for the auction or from sources deemed reliable and are believed to be correct. However, neither Father Time Auctions, sellers, or publishers shall be liable for any errors regarding the accuracy of the descriptions. This Sale Offering is made subject to errors, omissions, change of terms, prior sales or withdrawal of items without notice. The Auction Listing has been prepared as a guide only, based on information from sources believed to be reliable and from the consignor(s) of the Lot(s); however, its accuracy cannot be guaranteed or warranted. No sale shall be invalidated nor shall Auctioneer, its officers, directors, employees, agents, or attorneys be liable as a result of defects or inaccuracies in the Auction Listing. Auctioneer will make every effort to provide Bidder with information that is deemed to be accurate but in no way guarantees the accuracy of the information. Any clerking error or omission, printing error or omission, serial numbers or description discrepancies including make, model or year, fuel type, engine type or any other error or omission made by Auctioneer shall not invalidate any sale of any Lot. Bidder acknowledges that it is Bidder’s sole responsibility to verify make, model, year, fuel type, serial number or any other information that a Bidder deems necessary and Bidder has satisfied all inquiries prior to any bidding.
13. You acknowledge that there may be photographs taken or video recording during the auction and these photos and/or videos may be used in promotional materials and digital communication. You hereby consent and grant permission for such photographs and/or videos to be taken and to be used in promotional materials or any digital communication by Father Time Auctions. You authorize Father Time Auctions to copyright and publish all photographs and videos in print or electronic format in which you appear or speak that are taken by or for Father Time Auctions. You agree that they may use, edit or reproduce such photographs and videos or share them with others for any purpose related to the promotion of Father Time Auctions and its related programs and activities. You release all claims against Father Time Auctions and others with respect to the copyright, publication or use of such photographs or videos, including any claim for compensation related to their use.
14. Condition Report: Any condition statement is given as a courtesy, and is only an opinion, not a statement of fact. Father Time Auctions shall have no responsibility for any error or omission. The absence of a condition statement does not imply the lot is in perfect condition, or completely free from wear and tear, imperfections, or the effects of aging. Please request condition report and/or additional photos of items if you are serious about bidding.
15. The Terms shall be governed by and interpreted under the laws of the State of Missouri. Any action or proceeding filed by Auctioneer or Bidder for the enforcement or interpretation of these Terms or otherwise arising out of or relating to these Terms or the Auction shall be filed in the State of Missouri, County of St. Louis. Bidder further agrees that Bidder is subject to the jurisdiction of the State of Missouri, St. Louis County and waives any objection that it is not subject to such jurisdiction or that St. Louis County is an inconvenient or improper forum.
16. Bidder acknowledges that an auction site is a potentially hazardous or dangerous environment. Uneven surfaces, crowded areas, steps, flammable, noxious, corrosive and/or pressurized substances may be present and heavy equipment may be operated, and electric circuits may be live. Every person at the Auction site, at any time shall be there at his or her own risk without notice of the conditions of the premises and the activities thereon, and Bidder shall advise his agents, employees, or any one accompany the bidder. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries, damages, or loss of any kind, which may occur from any cause whatsoever while on the Auction site. All persons enter the Auction site at their own risk. Certain pieces of equipment may contain residual chemicals. The purchasers hereby indemnify and hold harmless the auctioneer and seller’s from any and all damages, claims or liabilities from any injuries to people or property of any type whatsoever caused during the sale of or during the removal of items purchased. The buyer agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, buyer shall produce evidence that the buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. Auctioneer, its agents or representatives will not be responsible for its containment, storage or removal.
17. If the Bidder is registered at the Auction under multiple Bid Numbers, all purchases under all Bid Numbers shall be subject to the Terms. If a Bidder possesses multiple Bid Numbers, all invoices must be paid in full as set forth herein before release of any Lots.
18. Auctioneer, at any time, and at its sole discretion, without notice or liability to Bidder may: (a) withdraw or cancel the sale of any Lot, or (b) offer any Lots in groups. Auctioneer may invalidate any sale for any reason and without notice or liability to Bidder and Auctioneer’s sole liability shall be the return of monies paid for the Lot by Bidder. The auctioneer shall have absolute discretion in determining the successful bidder. At the fall of the auctioneer's hammer, or declaration of item "Sold" or via an electronic closing, title to the offered lot will pass to the bidder acknowledged by the auctioneer. The bidder thereupon assumes full risk and responsibility and will pay full purchase price for the said lot. The auctioneer may decide that any original bid is not commensurate with the value of the article offered, or that any advance thereafter is not of sufficient amount, he may reject the same. The auctioneer reserves the right to withdraw any item at any time before the sale of the item.
19. No Bidder shall bid on any Lot: (a) of whom Bidder is the consignor or owner of any auction; and/or (b) as agent, or associate, or on behalf of the consignor or owner of such goods.
20. Any dispute arising as to any bidding shall be settled by Auctioneer at their sole discretion and Auctioneer may put the Lot(s) in dispute up for sale again. If a dispute arises as to any bidding between two or more Bidders or as to an item or lot, etc., the Auctioneer at their sole discretion, may immediately put the disputed lot up again for bidding or declare the Buyer by decision. The auctions and decisions of the Auctioneer shall be binding, final, and absolute. Should a dispute arise after the auction, the Auctioneers sales records ad or tape recordings will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises. All parties agree that the Auctioneers final decisions shall be binding.
21. If any provision of the Terms are held to be void or unenforceable, the remaining provisions shall remain valid and enforceable and shall be construed in such a manner as to achieve their original purposes in full compliance with all applicable laws and regulations.
22. Entire Agreement: These Terms contain our entire agreement and supersede any prior oral, published or written agreements relating to the same subject matter.
23. Limitations: These Terms do not, nor are they intended to, create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms cannot be altered except in writing by the Auctioneer.
24. Bidder may not assign any of the Terms without the prior written consent of Auctioneer. Any assignment or attempted assignment in violation of this provision is void.
25. In the event either Auctioneer or Bidder files any action or other proceeding to enforce or interpret the terms of the Terms, the prevailing party in any such action or proceeding shall be entitled to recovery its reasonable attorneys’ fees and costs in connection therewith from the non-prevailing party.
26. Bidder agrees to pay a Buyer’s Premium of Fifteen Percent (15%) to Twenty Percent (20%) which is added to the hammer (SOLD) price and which will be assessed on a per Lot basis. The Buyer’s Premium is posted the day of the sale as well as announced by the auctioneer before the sale begins. The use of a buyer's premium will not in any manner whatsoever constitute an agency relationship between Auctioneers (their employees or agents), and the Buyer. The Auctioneers, employees, and agents are agents for the SELLER ONLY.
27. Buyer’s premium example only: When 15% buyer’s premium is added to your' purchase. This means that if you're winning bids add up to $100.00, you will be charged $115.00 + sales tax, at checkout.
28. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and/or any unsafe or illegal activity during an auction-related event may result in the Auctioneer's suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity.
29. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
30. No Liability for Event Malfunction: You understand that in the event of any type of auction, technological, mechanical, electrical, software, cloudware/programs may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any malfunction.
31. State and Local Sales tax may apply for this sale. Sales Tax will be posted and is based on specific auction location. Bidder agrees to pay the tax unless the bidder’s current Tax Identification Number (TIN) is on file with Auctioneer. Bidder agrees to pay Auctioneer the actual amount of tax due in the event that sales tax is not properly collected due to an expired, inaccurate, inappropriate tax certificate or declaration of an incorrect interpretation of the applicable statute or any other reason. Bidder’s (TIN) must be on file with and verified by Auctioneer five days prior to Auction or tax must be paid.
32. Sales Tax: Sales tax may be collected on items purchased at this auction. Remember: if you are tax exempt, you must follow the following procedures discussed
33. Applying for Tax-Exempt Status: Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of the Auctioneer’s tax exempt form prior to the auction closing. Please note that the Auctioneer requires bidders to submit a new tax-exempt form for every auction. Once you have completed your tax-exempt form, please ensure it includes your bidder number and the date of the auction, and email to email@example.com prior to the auction closing so that we can review your information. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of the Auctioneer’s tax exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully, and contact the Auctioneer with any questions you may have.
34. Pooling, bid rigging, collusion and fraud are serious Federal Offenses. Any organized effort to subvert fair conduct of the auction event or drive down bidding values is illegal, and suspected violations will be reported to the Department of Justice for investigation and prosecution.
35. Shoplifting is a criminal offense. All Shoplifting will be prosecuted.
36. Photographing, Recording and Videoing of the Auction or any of its components is strictly prohibited.
37. Cause of Action. Any action or suit of any kind by Buyer must be commenced within one (1) year from the date when the cause of action or suit accrued or it will be forever barred. The right of action of suit will accrue, and the one (1) year limitation period will begin to run, on the date of breach, damage, or injury is sustained and not when the resulting cost, damage, harm or loss is discovered.
38. If you want to bid in this or any online auction, you will first have to certify that you have read, understood, and agreed to these Terms. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, these Terms will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and if any issues arise in connection with this sale.
39. Online auction deposit: In order for the Auctioneer to process your winning bid, we must have a working Visa or MasterCard associated with your account. After you have registered for this online auction, the Auctioneer will authorize the credit card you have placed on file for $100.00. This $100.00 deposit is not a charge, only an authorization hold; if you decide not to make any bids during this auction, or if none of your bids are successful, the Auctioneer will not take any money from your account, and the authorization hold will be lifted in accordance with the procedures of your credit card provider and/or banking institution. If you fail to provide full payment for your purchases, the $100.00 authorization hold will be captured and applied toward your outstanding balance. THIS DEPOSIT MAY VERY FROM SALE TO SALE, YOU WILL SEE THE AMOUNT IN THE RESISTRATION PROCESS FOR EACH SALE.
CAUTION WHEN USING DEBIT CARDS: If you are using any type of Debit Card (not credit card), you will see the authorization amount withdrawn from the bank account associated with the debit card. We do not receive any of these funds, the bank pulls this money until you either spend the authorization amount or more depending on your total purchase. When the sale is over, the funds are released on our bidding platform and they will be deposited back into your bank account. There is an inherent problem with using debit cards as the funds may take up to 5 - 10 business days to reappear in your bank account. Every bank has their own policy governing these held funds, Father Time has no control over this process, therefore we recommend using Credit Cards not Debit Cards which are also usually issued by your bank through VISA and Master Card, as they also show the same VISA and Master Card logos.
WHEN EACH SALE IS OVER, FATHER TIME AUCTIONS WILL REVIEW ALL BUYER’S TOTAL INVOICES TO DETERMINE IF PAYMENT SHOULD-WILL BE PAIDE BY A BANK CASHIERS CHECK OR WIRE TRANSFER INSTEAD OF THE AUTHORIZED CREDIT CARD HELD ON FILE. THERE IS NO ADDITIONAL CHARGE ASSESSED FOR WIRE TRANSFERS.
Bidder’s Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number, including contact information and credit card information, changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.
40. Conduct of Sale: All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, cloudware, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publically display any content from the Auctioneer’s website without first obtaining written permission from the Father Time Auctions.
41. Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
42. Choose Wisely: We want everyone to get a good buy and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer, nor for any claim against Father Time Auctions.
43. It is the buyers full and complete responsibility at all times to monitor the current status of an auction event and all bidding related to that event. You may review your bids at any time by entering your username and password on the Father Time Auctions bidding site.
44. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own, lower bid, was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. You understand and agree that you will be held responsible for having made all bids that are made using your bidder account information, even when such bids are made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by using the contact email address on the website. Reports of bidding errors must be made via web form; phone reports will not be accommodated.
45. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.
46. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by email via the Auctioneer’s website. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
47. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to, at any time, (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.
48. Closing: The Auctioneer’s online auctions are designed to mimic traditional “live” actions. For this reason, this auction may have a staggered closing, dynamic closing, and/or soft closing. You must continuously refresh your browser during the closing process to see the most current activity on your items, both prior to placing your bid and after submitting your bid.
49. Staggered Closing: This online auction will automatically begin to close at a rate of a pre-determined number of items per minute, every minute. Items’ closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer’s dynamic closing feature.
50. Dynamic - Soft Closing: The online auction closing time of an item is automatically extended for a pre-determined number of minutes, whenever a bid is placed within the pre-determined number of minutes leading up to an item’s scheduled closing time.
51. Notification and Payment: If you are declared the winning bidder for one or more winning bids at the conclusion of an online auction, you will be emailed an invoice for the total purchase, to include the high bid price, all Buyer's premiums, plus sales tax (only if applicable for this auction). This invoice is due and payable in full upon receipt. You are solely responsible for checking your email following the close of the auction to determine what items you have won and for bringing the Paid In Full invoice to the removal with you. It is imperative that you previously registered with a credit card that can bear the weight of all of your purchases at the time of invoicing. Invoices are not sent as soon as the auction begins closing; they are sent out by the end of the business day on which the auction closes. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mailed invoice or paid invoice, you must notify the Auctioneer by submitting email via the Auctioneer’s website explaining your situation by 8:00 am CST on the day after the auction has closed. If you do not make payment in full by 4:00 pm CST on the day after the auction has closed the Auctioneer will charge your credit card on file and then send you a “Paid In Full” invoice. If the Auctioneer is unsuccessful in charging your credit card on file, you will be sent an email with instructions directing you to log in to your profile and update it with another credit card that can be charged. If your credit card information has been updated and you still do not receive your Paid In Full invoice, be sure to check your Spam or Trash email folders. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
52. Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases; the Auctioneer will suspend your online bidding privileges indefinitely. The Auctioneer may reinstate suspended accounts in the Auctioneer’s sole and absolute discretion if the suspended bidder remits a $1,000. deposit to be held in escrow for a period of one year. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in these Terms and Conditions.
53. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still fail to pay for any item after being notified of your account being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.
53. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not personally ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times. Bidder’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
54. It is the buyer's sole responsibility, that after they are declared the winning bidder, of any item, they must protect and safeguard their item from removed by any unauthorized individual(s). The buyer is solely responsible for the care, custody and control of their items. You understand and agree that the Auctioneer will release your items for removal only after items are paid in full.
55. Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you may be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.
56. Disposal of Unclaimed and/or Abandoned Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies, and all legal, collection, transportation, and storage expenses, associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
57. Non-Delivery: In the unusual event that an item has been incorrectly described or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’s onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery must be filed by emailing the auctioneer. Your claim must include your invoice number, the item number in question, and must fully describe the nature of the problem that you have identified.
58. Electronic Social Networking, and Other Online Discussion Prohibition. Bidder acknowledges and agrees that to participate in the above referenced Auction, Bidder shall be prohibited before, during, and after this Auction from writing, posting or otherwise contributing to: blogs, personal websites or webpages, aggregators, listservs or mailing lists; social or other networking sites (such as Facebook, Twitter, LinkedIn, Yahoo, Yelp, Pinterest, Google+, Reddit, Tumbler, Instagram, VK, Flicker, Vine, Meetup, Tagged, MeetMe, Classmates, Angie’s List, Foursquare, Goodsnitch, RipOffReport.Com, MeasuredUp.Com, My3Cents.Com or Google Reviews); audio or video-sharing websites (such as YouTube, Google Video or Metacafe); or other user-generated electronic media, regarding any matters that: (i) may have a detrimental effect on an Auction Item, the Auction process, or the Auctioneer, or any of its management representatives or employees, including without limitation, in a manner that is false, defames any individual or their reputation, or disparages any of their goods or services; or (ii) could be considered proprietary, confidential, or intellectual property pertaining to an Auction Item, the Auction process, or the Auctioneer. Should Bidder breach any of these provisions, Auctioneer shall be entitled to institute legal and equitable proceedings in any court of competent jurisdiction to seek to obtain damages for any such breach, to enforce its specific performance by Bidder, to enjoin Bidder from violating any of these provisions, or utilize any other remedy provided by law. Auctioneer shall be entitled to its attorneys’ fees and costs in connection with the enforcement of any of these provisions against Bidder. All suits, proceedings and other actions relating to, arising out of or in connection with these provisions in this entire agreement shall be submitted to the jurisdiction of the courts of the State of Missouri, and venue for all such suits, proceedings and other actions shall be in St. Louis County, Missouri.
59. Auctioneer reserves the right to update these Terms at any time for any reason.
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