Terms and Conditions
1. General
Conditions of Sale: The offering and sale of property by Sloans & Kenyon is subject to the following conditions of sale, as modified or supplemented by other provisions (a) of the Catalogue, (b) in written supplements to this catalogue or other written material prepared by Sloans & Kenyon, (c) in notices posted by Sloans & Kenyon, 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, Sloans & Kenyon 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 catalogue.
Agreement of Bidders and Purchasers: By bidding or buying at a sale, whether in person, through a representative, by written bid, online bid, telephone bid or other absentee bid, all bidders and purchasers agree to be bound by the Conditions of Sale
2. Disclaimers Concerning the Property As-Is
The consignor warrants good title to the purchaser. Sloans & Kenyon makes no independent warranty of title. All Property is sold AS-IS, and all warranties, express or implied, including without limitation, the implied warranties of MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED BY SLOANS & KENYON AND THE CONSIGNOR. Sloans & Kenyon also disclaims all warranties arising from course of dealing and usage in the trade
Descriptive Information: To the greatest extent permitted by applicable law, neither Sloans & Kenyon nor the consignor makes any representation 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, authenticity, genuineness, attribution, origin, quality, quantity, value, medium, material, period, culture, rarity, importance, provenance, exhibitions, literature or historical relevance of the Property. Neither Sloans & Kenyon 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
Communications Not Intended as Binding: No information or statement communicated, at any time, to bidders or buyers by Sloans & Kenyon (or its directors, officers, employees, agents or representatives), 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 (not a Sloans & Kenyon employee or representative) has not examined the Property, Sloans & Kenyon recommends that the bidder make no bid on the Property.
Intellectual Property Rights: No representation, express or implied, is made by Sloans & Kenyon or the consignor as to whether or not a purchaser will acquire any reproduction rights, copyrights or other intellectual property rights in, or with respect to, the Property.
3. 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.
Decision of Auctioneer 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 re-offer any lot for sale, (c) reject or challenge 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 Sloans & Kenyon duly licensed as an auctioneer or otherwise authorized by Sloans & Kenyon to conduct an auction
4. Reserves: All lots offered may be subject to a reserve. A reserve is the confidential minimum price established between Sloans & Kenyon and the consignor. The reserve is generally set at a percentage of the low estimate of the lot and will not exceed, in any case, the low estimate of the lot. Reserves do not include the buyer's premium, any applicable taxes or other charges. Sloans & Kenyon prohibits consignors from bidding on their own property. The auctioneer may implement the reserve by bidding on behalf of the consignor at the auction. The auctioneer may open the bidding on any lot by placing a bid on behalf of the consignor and may continue bidding for the consignor by placing responsive or consecutive bids, but only up to the reserve. If bids on a lot fail to reach the reserve, the lot will be bought-in and withdrawn from sale. If Sloans & Kenyon has an interest in the lot, Sloans & Kenyon may bid up to the reserve to protect that interest.
5. Estimates: A range of estimates is given for each lot, with a low estimate and a high estimate. The estimates are merely guides for bidders and an opinion of Sloans & Kenyon of the price a lot might bring at auction. Estimates are based, where possible, on prices that similar items have sold for in the past. The estimates are determined prior to the sale and are subject to revision to reflect changing market conditions. Estimates should not be relied on as a representation or prediction of the actual price a lot will be sold for. Actual selling prices could be significantly different from estimates. Sloans & Kenyon will not be liable if the actual selling price is different from the estimate. Estimates do not include the buyer's premium, any applicable taxes or other charges
6. Withdrawal of Property from Sale: Sloans & Kenyon reserves the right to withdraw Property from sale for any reason and with no liability whatsoever for such withdrawal. If the auctioneer decides that any opening bid is below the reserve of the Property offered, the auctioneer may reject the bid and withdraw the Property from sale.
7. Payment, Collection and Shipping Responsibilities of Purchaser Successful Purchaser Obligations: 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 of handling, shipping, insurance, taxes, export and otherwise). Payment is due immediately following sale.
8. Methods of Payment and Fees Acceptable Methods of Payment: A purchaser may use one or more of the following methods of payment: cash(In House Only), valid and approved credit or debit charge cards, Bank wire transfers and personal checks. Sloans & Kenyon reserves the right to hold Property purchased by check until the check has cleared. To ensure that delivery is not delayed, new bidders should supply Sloans & Kenyon with bank or suitable credit references before the sale. Sloans & Kenyon will charge a fee of $25.00 for any dishonored check. Visa, MasterCard, American Express, Discover and debit cards are accepted. An additional 1 1/2% will be added to the successful high bid as an administrative fee for all payments not made by cash(In House Only), check, debit card, or Bank wire transfer. Storage Fee: A storage fee of $10 per day will be charged for each purchased lot remaining in Sloans & Kenyon's possession ten (10) business days after the date of sale. Sloans & Kenyon shall not be liable for damage to lots remaining at Sloans & Kenyon's facilities after 10 business days following a sale.
Offsite Storage Information for Sold Property: Please note that all lots listed in the beginning of the printed catalog are subject to Sloans and Kenyon's new offsite storage policy. For the convenience of the winning bidder of one or more of these lots, all purchases will be transferred to an offsite storage facility ten (10) business days after the conclusion of the auction. Please read the Conditions of Sale regarding the removal of sold lots.
As a service to Sloans & Kenyon buyers, Navis provides two days of complimentary storage at their facility
1. Buyers will be expected to pick up all property from Sloans & Kenyon by 4 pm on the tenth business day following the auction.
2. After the eleventh business day, lots will be transferred to Navis Pack and Ship located at 1587 Sulphur Spring Road, Suite 107, Baltimore MD, 21227.
SUCH ITEMS SHALL BE SUBJECT TO THE NAVIS TERMS AND CONDITIONS, WHICH CAN BE VIEWED AT http://www.navisbwi.com/storage.aspx. Please call 410-737-8020 24 hours in advance to arrange pick up of your property from Navis
3. Buyers will have two days of free storage to retrieve their property or to make arrangements with Navis to pack and ship their property. STORAGE FEES WILL BEGIN TO ACCRUE ON THE THIRD DAY OF STORAGE. After the third day, Navis charges $10 a day per lot
Abandoned Property Purchased lots for which Sloans & Kenyon has received payment but remain in Sloans &Kenyon's possession 180 days after the conclusion of the auction will revert to the possession of Sloans & Kenyon; the original buyer forfeits all claim to abandoned property.
Late Payment Charge: In addition to any other remedies available by law to Sloans & Kenyon and the consignor, Sloans & Kenyon reserves the right to impose from the date of sale a late charge of 1-1/2% per month (or if lower, the highest rate permitted by applicable law) of the total purchase price if payment is not made in accordance with the payment provisions of these
Conditions of Sale: Furthermore, bidder grants authorization to Sloans & Kenyon to automatically charge bidder's credit card(s) for all amounts due in the event payment for lot(s) is not made within 15 days of the sale.
9. Purchaser Default
Sloans & Kenyon 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 Sloans & Kenyon 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, Sloans & Kenyon 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 9 (a) and (b). In the event of any default by purchaser, purchaser will be liable to Sloans & Kenyon and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys' fees, collection fees and expenses, handling charges, late charges, expenses of both sales, premiums on both sales at Sloans & Kenyon regular rates and other damages. Sloans & Kenyon may, in its sole discretion, apply any proceeds of sale otherwise due to the purchaser or monies of purchaser in Sloans & Kenyon possession to reduce or satisfy, if possible, the purchaser's obligations with respect to the unpaid lots and other deficiencies and damages.
Security Interest: As security for the full payment to Sloans & Kenyon and the consignor of all amounts due from purchaser, Sloans & Kenyon retains and purchaser grants to Sloans & Kenyon a security interest in the Property purchased at auction and in any other property or money of purchaser in Sloans & Kenyon possession or coming into Sloans & Kenyon possession (collectively, "the collateral"). Sloans & Kenyon shall have the rights and remedies of a secured creditor as provided by the Uniform Commercial Code and other applicable law. Such security interest shall cease as to the Property or other collateral when it is physically delivered to the purchaser or purchaser's agent
10. Rescission by Purchaser
Limited Right of Rescission: If, within a reasonable time, not to exceed twenty one (21) calendar days after the sale, the original purchaser (a) gives written notice to Sloans & Kenyon by certified mail or facsimile (or in such other written form deemed acceptable by Sloans & Kenyon in its absolute discretion) alleging that the description, condition, weight, size, title, origin, provenance or other characteristics of a lot as set forth in the catalogue were grossly and materially inaccurate and misleading and substantially overstated the value of the Property, and (b) within five calendar days (or such later time deemed to be reasonable under the circumstances by Sloans & Kenyon in its absolute discretion) after such written notice, returns each item of Property in the lot to Sloans & Kenyon in the same condition it was in at the time of sale, and (c) proves the truth of such allegations to Sloans & Kenyon satisfaction, the sale of such lot will be rescinded. If Sloans & Kenyon has not yet paid the consignor the amounts due as a result of the sale to the purchaser, Sloans & Kenyon will refund the full purchase price to the purchaser. Refunds shall not include costs of transportation, insurance or other expenses which may have been incurred by purchaser. If Sloans & Kenyon has paid the consignor the amounts due consignor as a result of the sale, Sloans & Kenyon will (i) refund to the purchaser the amount of the buyer's premium and taxes received from the purchaser, and (ii) make written demand upon the consignor for the payment of the balance of the purchase price. If the consignor fails to honor the written demand for a refund of the balance of the purchase price, Sloans & Kenyon shall immediately furnish purchaser the name and address of the consignor, and shall assign to purchaser all of Sloans & Kenyon rights for the return of the balance of the purchase price of the affected lot. Upon this disclosure and assignment, Sloans & Kenyon will have no further liability to purchaser or responsibility to pursue the purchaser's claim. Sloans & Kenyon will extend its reasonable cooperation to purchaser, provided that such cooperation does not require out-of-pocket expenditures by Sloans & Kenyon.
Rescission Only by Original Purchaser: This limited right of rescission is available only to the original purchaser and may not be relied upon by any heir, agent, transferee, assignee or other third party or assigned to any subsequent transferee of the Property which gave rise to the claim.
Exclusive Remedy: Purchaser acknowledges and expressly agrees that the provisions of this Paragraph 10 state the sole and exclusive remedy available to a purchaser in the event of a nonconformity in Property purchased. Sloans & Kenyon will not be liable for damages of any kind, whether characterized as compensatory, direct, indirect, incidental or consequential (including damages for loss of profits or revenue, costs of obtaining alternative property, claims of customers of purchaser or otherwise), whether or not caused by Sloans & Kenyon fault or negligence, except as provided above or to the extent applicable law does not permit Sloans & Kenyon to exclude such liability.
11. Rescission by Sloans & Kenyon: In the event Sloans & Kenyon receives notice of an adverse claim with respect to purchased Property, Sloans & Kenyon shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to purchaser, upon written notice to purchaser. Upon such notice, purchaser will promptly return the purchased Property to Sloans & Kenyon premises where purchased in the same condition as when purchased. Sloans & Kenyon will then promptly refund the purchase price, including the buyer's premium and applicable taxes. Purchaser will have no further recourse against Sloans & Kenyon or the consignor, and Sloans & Kenyon and the consignor shall not be liable for any damages of any nature suffered by the purchaser, whether or not resulting from the fault or negligence of Sloans & Kenyon or the consignor
12. 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 Maryland (excluding its conflicts of laws rules) shall govern
13. 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 13.
Lawsuits by Bidders and Purchasers Only in Certain Courts: Each bidder and purchaser hereby agrees that any lawsuit that bidder or purchaser may bring against Sloans & Kenyon or the consignor will only be brought in the federal courts located in, or the state courts of, the State whose law has been chosen to govern as provided in the "Governing Law" Paragraph 12 above
14. Limitation of Liability: Sloans & Kenyon acts only as agent for the consignor and in no event will Sloans & Kenyon 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 Sloans & Kenyon liability for any breach, or act or omission exceed the purchase price actually paid by the purchaser, and (b) in no event shall Sloans & Kenyon 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, negligence, 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 Sloans & Kenyon or Sloans & Kenyon agents, representatives, officers, directors, employees or affiliates
15. Miscellaneous Export or Import: An export license may be required from governmental agencies or departments for the export of items containing certain materials. Some countries prohibit the importation of items containing certain animal or other materials. It is the sole responsibility of purchasers to familiarize themselves with any required license, and import or export requirements or limitations. Sloans & Kenyon will have no responsibility with regard to these matters. Inability to obtain a license or to import into or export to foreign countries or delays in connection therewith shall not constitute a basis for (a) a delay in purchaser's collection of or paying for any purchase, (b) a rescission or cancellation of a purchase by purchaser or (c) purchaser not otherwise fully meeting purchaser's obligations to Sloans & Kenyon.
Absentee Bids: For bidders who do not choose to attend a sale in person or for online auctions, Sloans & Kenyon 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 catalogue and shall comply with and be bound by the additional provisions applicable to such bidding.
Severability: If any provision or portion thereof of the Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
Private Sales: These Conditions of Sale shall apply to both auction and private sales of Property. No Assignment. Unless Sloans & Kenyon consents in writing, purchasers may not assign their rights or any of their obligations relating to an auction or other sale by Sloans & Kenyon. Any assignment without Sloans & Kenyon consent will not be effective.
Complete Agreement and Binding Agreement: These Conditions of Sale contain all of the provisions applicable to the agreement between Sloans & Kenyon, on the one hand, and each bidder and purchaser, on the other, with respect to the subject matter of the Conditions of Sale. The provisions of the Conditions of Sale supersede and extinguish all other agreements, representations or understandings, whether prior or contemporaneous, or oral or written, between the parties concerning that subject matter. The Conditions of Sale shall be binding on purchaser's heirs, beneficiaries, executors, successors and permitted assigns.
Contract Modifications and Waiver: These Conditions of Sale may not be changed, unless Sloans & Kenyon and the purchaser have agreed to do so in a writing signed by both parties. No waiver shall be effective unless in writing and signed by the party alleged to have given the waiver. A waiver on one occasion by Sloans & Kenyon shall not be a waiver on any other or future occasion or affect Sloans & Kenyon right to insist on strict performance of all other provisions.
Paragraph Headings: Paragraph and subparagraph headings are included in these Conditions of Sale for ease of reference and should not be used to interpret the meaning of the substantive provisions.
7034 WISCONSIN AVENUE
CHEVY CHASE, MD 20815
(301) 634-2330 FAX: (301) 656-7074
Condition Statement
Ebay Customers Please Ignore the Local Pickup Only Option. We will ship out all winning items. Please allow up to 10 Business days for shipping.
Payments: We accept Paypal, and All Major Credit Card ****Please do not mail us a Check or a Money Order we do not accept them.
Our Paypal address is ezbarterbid@gmail.com
All Credit Cards will be put on file and as soon as a auction ends your credit Card on file will be charged.
There will be a 10% Late Fee charged for any order that is not paid for within in 5 Days from a auction ending.
Please Note Auctionzip does not share your Credit card Numbers with any Auction House. You will need to call us to pay by Credit Card after the auction is over.
Pleas note all orders over 50.00 will require Insurance to be paid by winning bidder. This is to protect all parties involved.
Please Note items can take up to 15 business days from auction ending to be shipped out. Most orders will go out much faster but please be aware of this timeline when placing bids do to the amount of orders that need to be shipped out.
Please Note items that get a bid on them that are breakable in nature will be handled by a third party shipping facility. You will need to pay your invoice first for the products then you will be contacted by our 3rd party shipping service to pay your shipping cost then your items will be shipped out.
TERMS AND CONDITIONS OF SALE - AGREEMENT BETWEEN EZBARTERBID LLC AUCTION COMPANY, AND BIDDER
BY EITHER REGISTERING TO BID OR PLACING A BID, THE BIDDER ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH EZBARTERBID LLC AUCTION COMPANY.
The following terms and conditions constitute the sole terms and conditions under which EZBARTERBID LLC AUCTION COMPANY ("Ezbarterbid Auction") will offer for sale and sell the property described in the Catalog. These Conditions of Sale constitute a binding agreement between the Bidder and Ezbarterbid Auction with respect to the auction. By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.
NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE "CONDITIONS OF SALE" EITHER PRINTED IN THE CATALOG OR ON-LINE, AS WELL AS THE TERMS OF THE REGISTRATION FORM. BY PLACING ANY BID, THE BIDDER REPRESENTS AND WARRANTS TO RR AUCTION THAT HE OR SHE HAS FULLY REVIEWED AND AGREES TO BE BOUND BY ALL OF THESE "CONDITIONS OF SALE" AND THE TERMS OF THE REGISTRATION FORM. WITHOUT SUCH REPRESENTATION, WARRANTY AND AGREEMENT, Ezbarterbid Auction WOULD NOT PERMIT THE BIDDER TO BID.
Bidder and Ezbarterbid Auction agree that any agreements between the Bidder and Ezbarterbid Auction including but not limited to these Conditions of Sale are entered into in Flemington NJ, Hunterdon County, which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both Ezbarterbid Auction and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by Flemington NJ, Hunterdon County law, and that any and all claims or actions shall be brought and maintained only in Flemington NJ, Hunterdon County. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. The Bidder hereby consents that any dispute shall be presented in confidential binding arbitration before a single selected Arbitrator selected by the American Arbitration Association. The Bidder and Ezbarterbid Auction herby agree that the dispute shall go to binding arbitration in accordance with the commercial rules of the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The Commonwealth of New Jersey. Any dispute, claim, cause of action must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. After one (1) year, the Bidder hereby releases and discharges Ezbarterbid Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against Ezbarterbid Auction arising from or relating to any claim whatsoever. Both Bidder and Ezbarterbid Auction agree that these provisions are intended to be binding on all parties in the event of any dispute specifically including third party claims and cross-actions brought by either Ezbarterbid Auction or Bidder, and that absent such agreement, Ezbarterbid Auction would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle Ezbarterbid Auction to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The Bidder hereby agrees that Ezbarterbid Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties' agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. An award granted in arbitration is enforceable in any court of competent jurisdiction. The arbitrator's award may be enforced in any court of competent jurisdiction. This agreement and any claims shall be determined and construed under Flemington New Jersey, Hunterdon County law.
Ezbarterbid Auction is in compliance, to the fullest extent possible, with Flemington New Jersey, Hunterdon County procedures regarding the bonding of auctioneers.
Auctioneer and Auction:
1. This Auction is presented by Ezbarterbid Auction, a d/b/a/ of Ezbarterbid Auction Company, LLC, as identified with the applicable licensing information on the title page of the catalog or on the www.ezbarterbid.com Internet site (the "Auctioneer"). The Auction is conducted under these Terms and Conditions of Sale and applicable state and local law. Announcements and corrections from the podium at live auctions and those made through the Terms and Conditions of Sale appearing on the Internet at ezbarterbid.com supersede those in the printed catalog.
Bidder/Bidders:
2. "Bidder" or "Bidders" shall mean the original Bidder of the property from Ezbarterbid Auction and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to Ezbarterbid Auction prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.
3. The rights granted to Bidders under these Terms and Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred on any Bidder by these Terms and Conditions of Sale.
4. Bids will not be accepted from minor persons under eighteen (18) years of age without a parent's written consent containing an acknowledgment that the Terms and Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder.
5. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of Sale.
6. All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client in good standing of Ezbarterbid Auction may be disqualified at Ezbarterbid Auction's sole option and will not be awarded lots. Such determination may be made by Ezbarterbid Auction in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. Ezbarterbid Auction reserves the right to exclude any person from the auction.
7. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
8. By accepting the Terms and Conditions of Sale, Bidder personally and unconditionally guarantees payment. If the Bidder is a corporation, the officers, directors, and principals of the corporation hereby agree to personally and unconditionally guarantee payment as part of the corporation's agreement to bid. The authorized representative of any corporate Bidder who is present at the sale shall provide Ezbarterbid Auction or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by each principal, director and officer that they each personally and unconditionally guarantee any payment due Ezbarterbid Auction.
Credit:
9. In order to place bids, Bidders who have not established credit with the Auctioneer must either furnish satisfactory credit information (including two collectibles-related business references) or supply valid credit card information, well in advance of the Auction. Bidders who are not members of Ezbarterbid.com should pre-register before the close of the Auction to allow adequate time to contact references. Credit will be granted at the discretion of Auctioneer. Additionally Bidders who have not previously established credit or who wish to bid in excess of their established credit history may be required to provide their social security number or the last four digits thereof so a credit check may be performed prior to Auctioneer's acceptance of a bid. Check writing privileges and immediate delivery of merchandise may also be determined by pre-approval of credit based on a combination of criteria: ezbarterbid.com history, related industry references, bank verification, a credit bureau report and/or a personal guarantee for a corporate or partnership entity in advance of the auction venue.
Buyer's Premium:
10. All bids are subject to a Buyer's Premium which is in addition to the placed successful bid. The buyer's premium will be added to the successful bid price and is payable by the Bidder as part of the total purchase price. The Bidder acknowledges and agrees that a 0% Buyer's Premium will be added to the hammer price on all individual lots if payment is made by cash, check or wire payments. Ezbarterbid may accept a current and valid VISA or MasterCard, credit or debit cards and/or PayPal for payment for winning bids under $5,000.00, but under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer's credit or debit card account will be issued under any circumstances. In addition, there will be an additional 2.5% buyer's Premium for Bidders who chose to pay via credit card or Paypal for invoices of $5,000 or less. The last sentence constitutes Ezbarterbid Auction's "official policy" regarding returns, refunds, and exchanges where credit or debit cards are used. For payment other than by cash, delivery will not be made unless and until full payment has been actually received by Ezbarterbid Auction, i.e., check has fully cleared or credit or debit card funds fully obtained. Unless otherwise agreed in a writing signed by Ezbarterbid Auction, payment in full is due within thirteen (13) calendar days of the auction or within twelve (12) calendar days of the invoice date, whichever is later.
Bidding:
11. By submitting a bid, whether online, in person, by mail, by phone, by facsimile or through an employee or agent, the Bidder acknowledges (i) receipt of the catalogue, (ii) that the Bidder has read the Terms and Conditions of Sale and the descriptions for the lots on which they have bid, and (iii) that they agree to adhere to these Terms and Conditions of Sale.
12. Each Bidder's determination of its bid should be based upon its own examination of the item(s), rather than the strict reliance as to what is represented in this Catalogue, online or elsewhere. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES.
13. EZBARTERBID AUCTION IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the 0% Buyer's Premium) that the Bidder is willing and able to pay. Since other Bidders (by mail, facsimile and in person) will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and the Auctioneer has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake.
14. If the description of any lot in the catalogue is incorrect (e.g. gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by Ezbarterbid Auction no later than twenty-one (21) calendar days after the sale date. NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT BY REASON OF LACK OF AUTHENTICITY, UNLESS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS OF SALE.
15. All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. Ezbarterbid Auction shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder.
16. Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder. Ezbarterbid Auction reserves the right to require payment in full before delivering any lot to the successful Bidder.
17. It is the Bidder's responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder's possession.
18. Bidder grants to Ezbarterbid Auction or its assigns the right to offset any sums due, or found to be due by Ezbarterbid Auction, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of Ezbarterbid Auction or from any sums due to Bidder by Ezbarterbid Auction. Bidder further grants Ezbarterbid Auction a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant Ezbarterbid Auction such security interest. Bidder agrees that ezbarterbid Auction and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Ezbarterbid Auction, to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid.
19. By bidding in this sale, Bidder personally and unconditionally guarantees payment. If the Bidder is a corporation, the officers, directors, and principals of the corporation hereby agree to personally and unconditionally guarantee payment as part of the corporation's agreement to bid. The authorized representative of any corporate Bidder who is present at the sale shall provide Ezbarterbid Auction or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by each principal, director and officer that they each personally and unconditionally guarantee any payment due Ezbarterbid Auction.
20. Ezbarterbid Auction may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Bidders.
21. If a dispute arises concerning ownership of a lot that has been bid upon during the course of the sale, Ezbarterbid Auction reserves the right to commence a statutory interpleader proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorney's fees and costs.
22. In the event of a successful challenge to the title to any goods purchased, Ezbarterbid Auction agrees to reimburse any Bidder in an amount equal to the successful bid price actually paid by Bidder at auction plus any Buyer's Commission actually paid, in full and complete satisfaction of all claims, which once tendered by Ezbarterbid Auction, relieves and releases Ezbarterbid Auction from any responsibility whatsoever to the Bidder, even if the instrument is not cashed or is returned.
Bidding Options:
23. Non-Internet bids (including but not limited to podium, fax, phone and mail bids) are treated similar to floor bids in that they must be on-increment. Any podium, fax, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered your high bid.
24. When identical mail or FAX bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and be received at Ezbarterbid Auction's place of business at least twenty-four (24) hours before the Auction start. Auctioneer is not responsible for executing mail bids or FAX bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is Auctioneer responsible for proper execution of bids submitted by telephone, mail, FAX, e-mail, Internet, or in person once the Auction begins.
25. In internet only Auctions, bids on an item must raise the current high bid by at least 10%. Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted. In a live sale, bids on an item can change at the discretion of the auctioneer.
26. Ezbarterbid Auction reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless the Auctioneer directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). Bidders participating in both live and online auctions acknowledge that the law provides for substantial penalties in the form of treble damages and attorneys' fees and costs for those who violate these provisions. For live auctions the auctioneer will have final discretion in the event that any dispute should arise between bidders. The auctioneer will determine the successful bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. Ezbarterbid Auction will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises our sale record is conclusive.
Payment:
27a. Subject to fulfillment of all of the Terms and Conditions of Sale set forth herein, at the close of the Auction, title to the offered lot will pass to the highest bidder acknowledged by Ezbarterbid Auction, and such bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as we may require. In addition to other remedies available to Ezbarterbid Auction by law, Ezbarterbid Auction reserves the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from EZbarterbid Auction's premises by the Bidder at his/her expense not later than the same day of its sale and if it is not so removed, (i) a handling charge of 1% of the total purchase price per month from the 1st day after the sale until its removal will be payable to EZbarterbid Auction by the Bidder, with a minimum of 5% of the total purchase price for any property not so removed within 60 days after the sale, and (ii) Ezbarterbid Auction may send the purchased property to a public warehouse for the account, at the risk and expense of the Bidder.
27b. All purchases are subject to the New Jersey 7% sales tax unless the purchaser possesses a New Jersey sales tax exemption number.
28. Payment is due upon closing of the Auction session. Auctioneer reserves the right to void an invoice if payment in full is not received within the same calendar days of the auction. In cases of nonpayment, Auctioneer's election to void a sale does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and buyer's premium) on the lot and any other damages pertaining to the lot.
29. All sales are strictly for cash in United States dollars (including U.S. currency, and bank money orders, Credit Card and are subject to all reporting requirements). All deliveries are subject to good funds; funds being received in Ezbarterbid Auction's account before delivery of the Purchases; and all payments are subject to a clearing period
30. In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law.
31. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a one and one-half per cent (1.5%) late fee on the invoice amount. If the Auctioneer refers any invoice to an attorney for collection, the buyer agrees to pay attorney's fees, court costs, and other collection costs incurred by Auctioneer. If Auctioneer assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
32. If any applicable conditions herein are not complied with the Bidder will be in default and in addition to any and all other remedies available to Ezbarterbid Auction and the Consignor by law, including, without limitation, the right to hold the Bidder liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, Ezbarterbid Auction, may (a) cancel the sale of that, or any other lots sold to the defaulting Bidder at the same or any other auction, retaining as liquidated damages all payments made by the Bidder, or (b) resell the purchased property, whether at public auction or by private sale, or (c) effect any combination thereof. In any case, the Bidder will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, Ezbarterbid Auction's commissions on both sales at our regular rates, legal fees and expenses, collection fees and incidental damages. Ezbarterbid Auction may apply any proceeds of sale then due or thereafter becoming due to the Bidder from RR Auction or any affiliated company, or any payment made by the Bidder to Ezbarterbid Auction or any affiliated company, where or not intended to reduce the Bidder's obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to Ezbarterbid Auction or any affiliated companies. In addition, a defaulting Bidder will be deemed to have granted and assigned to Ezbarterbid Auction a continuing security interest of first priority in any property or money of Ezbarterbid Auction's owing to such Bidder in Ezbarterbid Auction's possession, and Ezbarterbid Auction may retain and apply such property or money as collateral security for the obligations due to Ezbarterbid Auction. Payment will not be deemed to have been made in full until Ezbarterbid Auction has collected good funds. In the event the Bidder fails to pay any or all of the total purchase price for any lot and Ezbarterbid Auction elects to pay the Consignor any portion of the sale proceeds, the Bidder acknowledges that Ezbarterbid Auction shall have all of the rights of the Consignor to pursue the Bidder for any amounts paid to the Consignor, whether at law, in equity, or under these Terms and Conditions of Sale.
33. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure payment of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of any other property of the buyer then held by the Auctioneer or its affiliates to secure payment of any Auction invoice or any other amounts due the Auctioneer or affiliates from the buyer. With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the buyer waives any and all rights of offset he might otherwise have against the Auctioneer and the consignor of the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in their possession.
34. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the buyer to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.
35. Please send PayPal payments to ezbarterbid@gmail.com. Orders paid by cashier check, money order, wire, Pay Pal or credit card are shipped upon receipt.
Delivery; Shipping; and Handling Charges:
36. Bidder is liable for shipping and handling. Auctioneer is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Bidder agrees that Service and Handling charges related to shipping items which are not pre-paid may be charged to the credit card on file with Auctioneer.
37. Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to the Auctioneer for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item'(s) hammer price together with its buyer's premium and Auctioneer shall use the correct harmonized code for the lot. Domestic Buyers on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
Title:
38. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by Ezbarterbid Auction but fully subject to Buyer's compliance with all of the terms of the Conditions of Sale and the Registration Form.
Rights Reserved:
39. Ezbarterbid Auction reserves the right to withdraw any lot before or at the time of the auction, and/or to postpone the auction of all or any lots or parts thereof, for any reason. Ezbarterbid Auction shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Ezbarterbid Auction reserves the right to refuse to accept bids from anyone.
Conducting the Auction:
40. Ezbarterbid Auction reserves the right to postpone the auction sale or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
Internet Auction - Extended bidding & the 30 Minute Rule:
48. Any bidder may bid on any lot prior to 6 pm. At that time, the Extended Bidding goes into effect. If you have not bid on a lot before 6 pm, you may not bid on that lot after 6 pm. Only those bidders who have placed bids on a lot before 6 pm will be allowed to bid on that lot after 6 pm. If you are the only bidder on a lot at 6 pm, that lot is awarded to you. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm. All lots WITHOUT an opening bid at 6 pm will remain OPEN to ALL bidders until 7 pm or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm, whichever comes first. For all lots that are active after 7 pm, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot. The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the auction closes individually based on bidding activity after 7 pm. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm. If you are the high bidder, raising your maximum bid will NOT reset the timer. RR Auction reserves the right to close the auction at any time at its sole discretion.
Auctioneer's Discretion:
49. Ezbarterbid Auction shall determine opening bids and bidding increments. The auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between bidders or if the auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful bidder in the event of a dispute between bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, Ezbarterbid Auction's record of final sale shall be conclusive. The auctioneer also may reject any bid and withdraw the lot from sale if the auctioneer decides either that any opening bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by the auctioneer at the time of sale, no lots may be divided for the purpose of sale.
Reserves:
50. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property
Off-Site Bidding:
51. Bidding by telephone, facsimile-transmission (fax-in), on-line, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and Ezbarterbid Auction's approval which shall be exercised at Ezbarterbid Auction's sole discretion. Neither Ezbarterbid Auction nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
Ezbarterbid Auction' Remedies:
52. Failure of the Bidder/Buyer to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, Ezbarterbid Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder/Buyer liable for the Purchase Price or to charge and collect from the defaulting Bidder/Buyer's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Buyer as damages (the Bidder/Buyer understands and acknowledges that Ezbarterbid Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction for such damages; (b) resell the property without reserve at public auction or privately; (c) charge the Bidder/Buyer interest on the Purchase Price at the rate of one and one-half per cent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Ezbarterbid Auction, in its sole discretion, deems necessary or appropriate to preserve and protect Ezbarterbid Auction' rights and remedies. Should Ezbarterbid Auction resell the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such buyer is the successful bidder on more than one lot and pays less than the purchase price for the total lots purchased, Ezbarterbid Auction shall apply the payment received to such lot or lots that Ezbarterbid Auction, in its sole discretion, deems appropriate. If Ezbarterbid Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any buyer failing to comply with these Conditions of Sale shall be deemed to have granted Ezbarterbid Auction a security interest in, and Ezbarterbid Auction may retain as collateral such security for such buyer's obligations to Ezbarterbid Auction, any property in Ezbarterbid Auction' possession owned by such buyer. Ezbarterbid Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by TheState of New Jersey.
Warranties:
53. Ezbarterbid Auction does not provide any warranties to Bidders or Buyers, whether expressed or implied, beyond those expressly provided for in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither Ezbarterbid Auction nor the consignor makes any representation or warranty, expressed or implied, as to merchant ability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Ezbarterbid Auction nor the consignor makes any representation or warranty, expressed or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. Ezbarterbid Auction does not make any representation or warranty as to title.
54. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Generally Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Ezbarterbid Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
55. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Ezbarterbid Auction urges Bidders to avail themselves accordingly.
56. FIREARMS. Auctioneer complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm. Important Notice: Many identical versions of props and costumes are created for film and television productions in the normal course of a production. Ezbarterbid Auction does not warrant or represent that the screen shots referenced are exact images of the offered item (unless specifically noted in the written description). Use of a screen shot does not constitute a warranty or representation of authenticity or provenance. There is not a right of return or refund based upon a claim arising out of or pertaining to any reference to a screen shot.
57. Lots and property are not returnable to Ezbarterbid Auction for any reason except under Buyer's limited Remedies set forth in Sections 58 and 59 below and under the express terms and conditions of Section 58.
Limitation of Damages:
58. In the event that Ezbarterbid Auction is prevented for any reason from delivering any property to Buyer or Buyer is otherwise dissatisfied with the performance of Ezbarterbid Auction, the liability, if any, of RR Auction, shall be limited to, and shall not exceed, the amount actually paid for the property by Buyer. In no event shall Ezbarterbid Auction be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Unauthorized Statements:
59. Under no circumstances is any employee, agent or representative of Ezbarterbid Auction authorized by Ezbarterbid Auction to modify, amend, waive or contradict any of these Terms and Conditions of Sale, any term or condition set forth on the Registration Form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Ezbarterbid Auction unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Ezbarterbid Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Ezbarterbid Auction, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of Ezbarterbid Auction.
Buyer's Remedies:
60. Under no circumstance will Ezbarterbid Auction incur liability to a Bidder in excess of the purchase price actually paid. The terms and conditions of sale herein described shall be enforced in accordance with, and governed by the laws of The State of New Jersey.
61. This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 51-55 ("Warranties") and 56 ("Limitation of Damages") herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law. The Buyer hereby accepts the benefit of the consignor's warranty of title and any other representations and warranties made by the consignor for the Buyer's benefit. In the event that Buyer proves in writing to Ezbarterbid Auction satisfaction that there was a breach of the consignor's warranty of title concerning a lot purchased by Buyer, Ezbarterbid Auction shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to Ezbarterbid Auction). Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, Ezbarterbid Auction shall disclose the identity of the consignor to Buyer and assign to Buyer all of Ezbarterbid Auction' rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Ezbarterbid Auction with respect to said lot or property shall automatically terminate. Ezbarterbid Auction shall be entitled to retain the premiums and other amounts paid to Ezbarterbid Auction - this remedy is as to the consignor only. The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
62. All Lots sold by Ezbarterbid Auction are accompanied by a Certificate of Authenticity. On any lot presented with a Certificate of Authenticity ("COA") issued by Ezbarterbid Auction, that warranty insures only to the original Bidder (as shown in Auctioneer's records) "Bidder". Bidder may not transfer the rights afforded under the COA and it is null and void when Bidder transfers or attempts to transfer the lot. The COA warranty is valid from date of the auction in which Bidder was awarded the lot to five (5) years after its purchase. The COA warranty is valid as to its attribution to the person or entity described or to the lot's usage. The Bidder as well as their heirs, successors and assigns is also given an unconditional lifetime guaranteed that allows the present owner of any lot purchased through Ezbarterbid Auction the right to consign with Ezbarterbid Auction. When the lot is accompanied by a Certificate of Authenticity (or its equivalent) from a third-party authentication provider, buyer has no right of return. On lots not accompanied by third-party authentication or under extremely limited circumstances not including authenticity (e.g. gross cataloging error), a Bidder who did not bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A Bidder must notify the appropriate department head in writing of the Bidder's request within three (3) days of the non-floor bidder's receipt of the lot. Any lot that is to be evaluated for return must be received at the office of Ezbarterbid Auction within 35 days after Auction. AFTER THAT 35 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. Lots returned must be in the same condition as when sold and must include any Certificate of Authenticity. If a bidder wishes to challenge the Letter of Authenticity within the five (5) year warranty period, Bidder must present with the claim, authoritative written evidence that the lot is not authentic as determined by a known expert in the field. If Auctioneer concurs that the lot is not as represented, Bidder shall be refunded their purchase price. If the Auctioneer denies the claim, the Bidder may file the dispute with the American Arbitration Association with locale in New Jersey, before a single selected Arbitrator selected by the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The State of New Jersey. The challenge to Authenticity must be brought within one (1) year if the Auctioneer denies the claim. After one (1) year, the Bidder hereby releases and discharges Ezbarterbid Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against Ezbarterbid Auction arising from or relating to any claim whatsoever. Specifically, the COA provided by Ezbarterbid Auction, does not provide for incidental or consequential damages or other indirect damages. Any lot sold with a certificate of authenticity or other warranty from an entity other than Auctioneer is subject to such issuing entity's rules and such conditions are the sole remedy afforded to Bidder. For information as to third party authentication warranties the bidder is directed to contact Ezbarterbid Auction.
RR Auction' Additional Services:
63. For Buyers who do not remove purchased property from Ezbarterbid Auction' premises, Ezbarterbid Auction, in its sole discretion and solely as a service and accommodation to Buyers, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Buyer. Ezbarterbid Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by Ezbarterbid Auction or other packers and carriers, whether or not recommended by Ezbarterbid Auction. Ezbarterbid Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where Ezbarterbid Auction arranges and bills for such services via invoice or credit card, Ezbarterbid Auction will include an administration charge.
Headings:
64. Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Entire Agreement:
65. These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Ezbarterbid Auction or acting as agent or representative of Ezbarterbid Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties
66. If any section of these Terms and Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
67. These Terms and Conditions of Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of The State of New jersey, whether or not the auction is and these Terms and Conditions of Sale are fully performed in the State of New Jersey.
AUCTION GENERAL GUIDELINES
Conditions of Sale:
Before you bid, you must read the Terms and Conditions of Sale, immediately preceding these pages. They represent a contract between Ezbarterbid Auction and you, and they contain important terms and conditions such as jurisdiction, payment terms, warranties and remedies. The Conditions of Sale are controlling over these general guidelines in the event of any conflicts between their respective terms.
Estimate Prices:
In addition to descriptive information, each item in the catalog sometimes includes a price range which reflects opinion as to the price expected at auction. In other instances, estimate prices can be obtained by calling Ezbarterbid Auction at (908) 954-8464. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer's premium or sales tax (see under separate heading).
Reserves:
The reserve is the minimum price the seller is willing to accept and below which a lot will not be sold.
Owned or Guaranteed Property:
Ezbarterbid Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of Ezbarterbid Auction.
Buyer's Premium and Sales Tax:
The actual purchase price will be the sum of the final bid price plus the buyer's premium of 15% of the hammer price plus applicable shipping, convenience and handling charges. In addition, there will be an additional 2.5% buyer's Premium for Bidders who chose to pay via credit card or Paypal for invoices of $5,000 or less.
Before the Auction:
You may attend pre-sale viewing for all of our auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly. You may also request condition reports (see below). Ezbarterbid Auction's staff are available at viewings and by appointment.
Contact Information:
Local/International: 908-954-8464
Website: www.ezbarterbid.com
Email bidding: ezbarterbid@hotmail.com
Hours of Operation:
Office hours are Mon-Fri, 9 a.m. -5 p.m. eastern standard time; hours on the last night of the auction are dictated by the 30 Minute Rule (see below). Any item in the auction can be viewed in our offices during normal business hours. Please call to set up an appointment.
You must acknowledge having read your agreement with all of the Terms and Conditions of Sale prior to your registration and prior to your bidding on any lot.
Bidding Live Auction:
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with Ezbarterbid Auction in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
Maximum Bids - Internet Auction Only:
To maximize your chance of winning, we strongly encourage the use of maximum bids. For example, assume an item you want currently has a high bid of $100. Your bid would then be $110 (10% over $100), and you could tell us, "I'd like a maximum bid of $242 for that item." We will enter your bid at $110, and we will then bid for you until the lot reaches your maximum of $242. If competitive bids only reach $148, you would win the item at $163--10% over the highest previous bid. To prevent tie bids, all maximum bids should be made in proper increments. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under bidder's bid.
Bid Increments:
Bids on an item must raise the current high bid by at least 10% or at the discretion of the auctioneer.
Checking Bids - Internet Auction Only:
You can open, monitor, and/or raise bids as often as you wish. However, all bidding is governed by the 30 Minute Rule and extended bidding. Extended bidding always goes into effect at 6 pm on the last day of the auction. At 7 pm, the extended bidding ends and the 30 Minute Rule goes into effect.
Callbacks - Internet Auction Only:
Ezbarterbid Auction offers a callback service on auction night for any bidder who has the high bid on an item whose current bid is over $1,000 and who has placed a maximum bid. At your request, we will call you if your maximum bid is topped. We will need your correct telephone number(s) where you can be reached until the auction closes. Callbacks begin after 6 pm on auction night. You must request this service; it is not automatic. We make every effort to ensure that bidders who request a callback are contacted if outbid; however, we do not guarantee this service.
Bidding - Internet Auction:
To ensure proper registration, those Bidders intending to bid via the Internet must visit www.ezbarterbid.com and register accordingly at least one full day prior to the actual auction. If you have questions about this feature, please call Ezbarterbid Auction well in advance of the auction. Winning bidders will be notified by Ezbarterbid Auction. Ezbarterbid Auction is not and cannot be responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Bidding - Internet - Live Auction:
During live Auctions, internet bids can be placed in real time through the following services: www.auctionzip.com. On some occasions beyond the control of Ezbarterbid Auction, the bid software or the Internet itself may not physically keep up with the pace of the auction. In order to help avoid disappointment, Ezbarterbid Auction recommends placing a realistic absentee bid now. Since Auctionzip.com (hereinfafter referred to as "Third Party sites") bids are not shown to Ezbarterbid Auction until Ezbarterbid Auction opens the lot on the floor, Ezbarterbid Auction treats those bids the same as floor or telephone bids. In most cases, however, the floor and/or telephone responds before the Third Party sites bid is presented, due to Live Internet bid software or Internet lag time, so for consistency it is Ezbarterbid Auction' policy that floor bids and telephone bids are always considered first over Third Party sites bids with floor bids being considered before telephone bids. Also please note that all Ezbarterbid Auction lots purchased through the Third Party sites carry an additional Buyer's Premium. Ezbarterbid Auction strongly urges the bidder to resolve any questions about these policies or their implementation PRIOR TO BIDDING.
Successful Bids:
The fall of the auctioneer's hammer indicates the final bid. Ezbarterbid Auction will record the paddle number of the buyer. If your salesroom or absentee bid is successful, you will be notified after the sale by mailed or emailed invoice
Unsold Lots:
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the consignor. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.
After the Auction - Payment:
You are expected to pay for your purchases in full the same calendar day of the auction (See Generally "Payment" §27 through 35 of the Term and Conditions of Sale).
Shipping:
After payment has been made in full, Ezbarterbid Auction may, as a service to buyers, arrange to have property packed, insured and shipped at your request and expense. For shipping information, please contact Ezbarterbid Auction at 908-954-8464. In circumstances in which Ezbarterbid Auction arranges and bills for such services via invoice or credit card, we will also include an administration charge. Packages shipped internationally will have full value declared on shipping form. (See Generally "Delivery; Shipping; and Handling Charges" §36 and 37 of the Term and Conditions of Sale).
At our discretion, some orders of high value may be sent via overnight or two-day service. Insurance is added to each invoice, with a minimum of $2 for the first $200 of value and 55¢ per $100 of value over $200. Oversized orders will have additional postage added to their invoices. Within the United States, rates for shipping and handling only are:
$0-$100..........................................$10
$101-$500.......................................$15
$501-$1,000....................................$20
$1,001-$3,000.................................$35
$3,001-$10,000...............................$45
Over $10,000.................................$100
Additional Cataloging, Warranties and Disclaimers:
NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description of the items or second opinion contained in this Auction is for the sole purpose of identifying the items for those Bidders who do not have the opportunity to view the lots prior to bidding, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by Auctioneer. Color variations can be expected in any electronic or printed imaging, and are not grounds for the return of any lot.
Auctioneer is selling only such right or title to the items being sold as Auctioneer may have by virtue of consignment agreements on the date of auction and disclaims any warranty of title to the Property. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes. All images, descriptions, sales data, and archival records are the exclusive property of Auctioneer, and may be used by Auctioneer for advertising, promotion, archival records, and any other uses deemed appropriate.
Release:
In consideration of participation in the Auction and the placing of a bid, Bidder expressly releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts that provide second opinion, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rights and privileges conferred therein are strictly construed as specifically declared herein; e.g., authenticity, gross cataloging error, etc. and is the exclusive remedy. Bidder, by non-compliance to these express terms of a granted remedy, shall waive any claim against Auctioneer.
Some Property sold by Auctioneer are inherently dangerous e.g. firearms, and items that may be swallowed or ingested or may have latent defects all of which may cause harm to a person. Bidder accepts all risk of loss or damage from its purchase of these items and Auctioneer disclaims any liability whether under contract or tort for damages and losses, direct or inconsequential, and expressly disclaims any warranty as to safety or usage of any lot sold.
Dispute Resolution and Arbitration Provision:
Bidder and Ezbarterbid Auction agree that any agreements between the Bidder and Ezbarterbid Auction including but not limited to these Conditions of Sale are entered into in the State of New Jersey which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both Ezbarterbid Auction and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by the State of New Jersey law, and that any and all claims or actions shall be brought and maintained only in the State of New Jersey. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. The Bidder hereby consents that any dispute shall be presented in confidential binding arbitration before a single selected Arbitrator selected by the American Arbitration Association. The Bidder and Ezbarterbid Auction herby agree that the dispute shall go to binding arbitration in accordance with the commercial rules of the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The State of New Jersey. Any dispute, claim, cause of action must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. After one (1) year, the Bidder hereby releases and discharges Ezbarterbid Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against Ezbarterbid Auction arising from or relating to any claim whatsoever. Both Bidder and Ezbarterbid Auction agree that these provisions are intended to be binding on all parties in the event of any dispute specifically including third party claims and cross-actions brought by either RR Auction or Bidder, and that absent such agreement, Ezbarterbid Auction would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle Ezbarterbid Auction to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties' agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. An award granted in arbitration is enforceable in any court of competent jurisdiction. The arbitrator's award may be enforced in any court of competent jurisdiction. This agreement and any claims shall be determined and construed under New Jersey law.
Miscellaneous:
Agreements between Bidders and consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize the Auctioneer's Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Auctioneer reserves the right to charge Bidder the applicable Buyer's Premium and consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Ezbarterbid Auction in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Ezbarterbid Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: Auctioneer presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Terms and Conditions of Auction by these additional rules and shall be construed to give force and effect to the rules in their entirety.
TERMINOLOGY
Condition:
Each item in the catalog is described with a statement of opinion indicating its overall condition. The condition of the items we offer generally falls into the following range: good--very good--fine--very fine. Treated as a scale of 1 to 4, good describes an item that has as many as several flaws, which are described in detail; very fine describes an item whose condition and appearance may be regarded as flawless and superior in every respect. Most of the items we offer are in fine condition, meaning that there are no serious flaws. While we make every effort to describe flaws that materially affect appearance and value, we generally do not specify minor or routine flaws, such as (but not limited to) pencil or secretarial notations, mailing folds to letters, normal aging to paper, or tiny bends or creases from normal handling. We encourage prospective bidders to examine the image(s) of each item closely and to contact us with specific inquiries regarding condition.
Group Lots:
In descriptions of group lots of two or more items, every effort is made to mention any obvious flaws. Bidders should note that condition for group lots is given as a general statement or range, and that specific flaws to single items within the group may be omitted in the interest of catalog space. Questions about group lots, or specific items within a group lot, should be addressed before the close of the auction to Eric Hilgenberg (ezbarterbid@hotmail.com).
Matted and Framed:
Many of the items offered for sale in our monthly auctions are described as matted and/or framed. We do not remove items from frames; the given dimensions of items housed in a frame and/or mat indicate sight size only. Photographs and other ephemera used with matted and framed items are not subject to description and condition statements, nor are they considered a reason for return. Condition refers only to the item and not the mat or frame. Our terms of return apply only to the item and not the matting and framing. Any item that is removed from the frame cannot be returned. Returns are only accepted when there is an authenticity question or the description of the item is incorrect.
Abbreviations and Terms:
ALS - Autograph Letter Signed (a letter entirely handwritten and signed by the given personality)
ANS - Autograph Note Signed (a shorter ALS)
AQS - Autograph Quotation Signed
AMQS - Autograph Musical Quotation Signed
DS - Document Signed
Endorsement - A signature on the reverse of a check, or a signature on a document indicating approval or further instructions
Ephemera - An unsigned item
FDC - First Day Cover
Inscribed - "Personalized"
ISP - Inscribed Signed Photograph
LS - Letter Signed (a letter in a secretary's hand, but signed by the given personality)
Souvenir Typescript - An excerpt from a speech, book, film, etc. or an account of an incident, typed by a collector and signed by the individual noted
SP - Signed Photograph
Sweet spot - The area on the baseball where the stitched lines are closest together.
TLS - Typed Letter Signed
Book Grading:
Fine (F) - unused, no damage
Near Fine (NF) - one or two very minor flaws
Very Good (VG) - some signs of wear, but overall sound
Good (G) - well-worn but complete
Poor (P) - heavily worn, sufficient as a "Reading Copy"
All defects will be noted. For complete book grading guide, please check online.
