TERMS AND CONDITIONS
TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid you agree to be bound by all of these terms & conditions, and any other announced terms and conditions of sale or rules of this site. Arizona law will apply to all legal disputes.
This Bidder Agreement ("Agreement") is made between Fidelity Estate Services, LLC ("FES") and the person or entity listed on this page ("Buyer"). Bidder agrees to be bound by the terms of this Agreement with respect to all sales and auctions conducted by Auctioneer. Bidder acknowledges that additional terms to this Agreement may be posted and/or announced from the auction block and such additional terms are deemed incorporated into this Agreement by this reference and are binding on Bidder.
DISCLAIMER
Each Lot is sold "AS IS-WHERE IS", with all faults and defects and all errors of description. Buyer hereby waives and releases FES from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot.
Buyer acknowledges and understands;
1. FES does not make any representations or express any opinions of its own concerning any Lot
2. Buyer has the option to make his own examination of any Lot before bidding; and assumes all risk of any nonconformities in any Lot.
3. Condition report requests are suggested if you are unable to view the item in person. Condition report requests are answered in the order they are received. It is at the auctioneer's discretion to respond to any request sent the day of the auction.
4. Buyer further acknowledges that he has not relied upon any Statements and/or oral or written representations by FES contained in any catalogs or advertisements of any type pertaining to the sale, including without limitation statements concerning condition, genuineness or authenticity, originality, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, and/or model of any Lot or of any component of any Lot.
5. Buyer represents that the amount bid for any Lot is based solely on Buyer's own independent inspection and evaluation of that Lot.
6. Auctioneer is not liable for any issues concerning telephone bids, online bidding, and/or absentee bidding.
7. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot.
8. As a condition of participation in the auction, Buyer represents that he will conduct any inspections and examination necessary to satisfy himself of all material facts before making any bid.
9. Auctioneer reserves the absolute right to withdraw any item at any time before its actual final sale, including during bidding.
10. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder.
DISPUTES
The Auctioneer's designation of a buyer is FINAL. The highest bidder acknowledged by the Auctioneer is deemed the buyer of the item auctioned. If any dispute were to arise between two or more bidders, the Auctioneer reserves the right and the discretion;
1. to determine the successful bidder.
2. to refuse any bid from any bidder and/or not to recognize a bidder.
3. Unless otherwise prohibited by law, before Buyer may initiate any legal proceeding arising out of or relating to any sale occurring as a result of this Agreement, including, but not limited to issues related to Seller's representations or statements concerning condition, genuineness or authenticity, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, model or mileage, or any other representation made regarding any Lot, Buyer shall submit to a mediation with Seller to be facilitated by FES or its designee on the terms and conditions set forth by FES.
Buyer agrees not to join FES as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot. If Buyer fails to comply with this provision, Buyer agrees to reimburse FES for all costs, expenses, and fees, including attorney fees, in defense of such claims.
REMEDIES/ Legal
Buyer hereby waives any potential or actual conflict of interest inherent in such a mediation process and agrees to defend (using counsel reasonably acceptable to FES). Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or bidder's agents, and further agrees to hold harmless Auctioneer and the seller, and their respective agents, employees and representatives for and from (a) any and all personal injury to bidder and bidder's agents, (b) any property damage occurring on the auction premises, and any and all suits, claims, damages, costs and expenses of every kind and nature which may or might be asserted against any of them as a result of the actions or omissions of bidder and/or bidder's agents.
Bidder hereby acknowledges that Auctioneer is an Arizona company with its principal place of business in the State of Arizona.
BIDDER EXPRESSLY AGREES THAT THIS AGREEMENT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF ARIZONA, THAT THE STATE COURTS OF ARIZONA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS AGREEMENT AND OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH AUCTIONEER. VENUE IS IN THE MARICOPA COUNTY SUPERIOR COURT SYSTEM OF THE STATE OF ARIZONA. AMENDMENTS AND INTEGRATION.
No waiver or alteration of any provisions of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Auctioneer or unless it is publicly announced by Auctioneer from the auction block prior to sale. Any prior oral or written representations or agreements between the Parties are superseded by this Agreement.
The rights and remedies of Auctioneer under this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies Auctioneer may have by law, statute, ordinance or otherwise. In any litigation or proceeding arising out of or related to this Agreement, Buyer agrees to pay all of FES's attorney fees, costs and other expenses incurred in connection with the litigation or proceeding if FES is successful in such litigation or proceeding.
This Agreement and related Contract of Sale contain the entire agreement between Buyer and FES pertaining to the subject matter described herein. Any terms proposed by Buyer orally or in writing which add to, vary from or conflict with this Agreement shall be void.
PAYMENT
Acceptable forms of payment are Credit or Debit Card. Local checks or cash upon pick-up will only be accepted with prior authorization. For orders of $2,000.00 and above, buyer must pay via wire transfer, cash, or money order. Complete payment is required day of auction or upon receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). All online bidders will automatically have their card on file charged on the 4th day the following the auction unless prior communication has been made. Items not paid for after the 5th day of sale are deemed non-collectable and bidder is marked as a nonpaying bidder.
SHIPPING PICK-UP TERMS
LOCAL PICK-UP INFORMATION:
*Address is in Phoenix, and will be provided to winning bidders when they receive an invoice via email.*
Monday, June 1, 2020 from 10:00AM-6:00PM
*If you cannot pick up on this day, your items will go to PakMail where you can pick up from them for a small fee, or have your items shipped.*
SHIPPING INFORMATION / OUT OF TOWN CUSTOMERS:
Pak Mail Phoenix - Phone (602) 971-2300
Once we have received your payment, your purchase will be turned over to our exclusive shipping provider Pak Mail Phoenix. They will proactively reach out to you to arrange packing, shipping, and insurance. For questions related to shipping please feel free to contact them directly.
EXCLUSIVE SHIPPING PROVIDER:
Pak Mail Phoenix
3218 E. Bell Rd.
Phoenix, AZ 85032
Phone (602) 971-2300
Fax (602) 992-3222
info@weshipphoenix.com
Pak Mail's hours of operations are as follows: Mon-Fri 9am - 6pm, Saturday 10am - 2pm, Closed on Sundays.
If shipping has not been paid within 10 days from the initial quote date from the shipping company, you agree that your Credit Card will be charged and the items will be shipped.
Fidelity Estate Services is not responsible for damage to any items once items have been turned over to the shipping company. All costs associated with shipping are the responsibility of the buyer.
BUYERS FEES
The price paid by online bidder, or phone bidder is the sum of;
(a) Bidder's final bid (hammer price per lot),
(b) A premium of 20% of the hammer price per lot plus an online convenience fee of 5% for a total of 25%
(c) All applicable sales tax.
Buyer understands and agrees that the 25% buyer's premium per Lot purchased will be automatically included in the final settlement figure, and the buyer will be required to pay all applicable taxes, or other fees levied by any authority.
