Terms and Conditions
1. Registration for the auction:
All bidders will be required to call or email and provide us with a valid
address, phone number, drivers license number and credit card number.
2. Acceptance of Terms:
Bidding on any item indicates the bidder's agreement to be bound by these
Terms and Conditions. Any right of bidder under this agreement shall not be
assignable and shall only be enforceable by the original buyer. The rights
and obligations of the parties shall be governed by the laws of the state
of California. All bidders submit to the personal jurisdiction of the state
and federal courts in California.
3. Terms of Sale
All item descriptions can be updated until the beginning of each auction.
The latest updates will be understood as the most accurate and final
description of each item. We reserve the right to remove any items at any
time during the auction preview.
4. Buyers Premium
The Auctioneer will collect and retain from the Buyer, as additional
commission, a premium equal to 28% of the Sale Price of each lot up to and
including $50,000, above $50,000 and up to $100,000 a buyers premium of 23%
will be added to the hammer price, above $100,000 and up to $1,000,000 a
buyers premium of 20% buyers premium will be added.
5. ESTIMATES AND RESERVES
Presale estimates are intended to be guides and may or may not reflect the
ultimate hammer price of a lot. CESS, LLC retains the right to change
estimates on any lot up to time of sale. A reserve is a confidential
minimum price agreed upon by the seller of the lot and CESS LLC. In the
case of reserved lots, the seller has authorized CESS LLC to bid on
seller's behalf until the reserve price is reached. In no case will the
reserve be higher than the low presale estimate.
6. WARRANTIES AND DISCLAIMERS
CESS,LLC makes a limited warranty only to the original buyer of record
concerning the authenticity of each lot for a period of 14 days after
bidder's receipt of the purchased lot. If a buyer is not satisfied that the
lot purchased is genuine, the buyer may, at his or her own expense, obtain
the opinion of two mutually agreed upon recognized experts in the field of
the disputed lot. If these experts determine that the item is not genuine,
the buyer's sole and exclusive remedy shall be the rescission of the sale
and refund of the amount paid for the item. It is specifically understood
and agreed that the rescission of the sale and refund is exclusive and in
lieu of any other remedy which might otherwise be available as a matter of
law or in equity, and such remedy is conditioned upon the buyer returning
the property in the same condition as at the time of sale. CESS, LLC shall
not be liable for any incidental or consequential damages. It is the buyers
responsibility to obtain shipping insurance from the third party shipper of
their choice. CESS, LLC will not be liable for any damage to items during
transit. All sales are final, with no returns or refunds except as
provided in this limited warranty.
7. INTERNET BIDDING
Internet bidding is available through Liveauctioneers.com. There may be
terms which apply to internet bids that should be reviewed online at the
time of sale. CESS, LLC is not responsible for any failure to execute a bid
and shall have no liability to any bidder for any technical or other
failure associated with an internet auction.
8. BUYER'S RESPONSIBILITY
After each lot auctioned, title to the offered lot shall pass to the buyer
and the buyer immediately assumes full risk and responsibility for the lot,
including liability for loss or damage and is liable for payment of the
Purchase Price (as defined below) to CESS, LLC. It is the buyer's
responsibility to ask specific questions on condition related concerns
prior to the auction.
9. PURCHASE PRICE AND PAYMENT
The discounted "Purchase Price" for each lot shall equal the hammer price,
buyer's premium, sales tax and, if applicable, all packing, handling,
insurance and shipping costs. U.S. bidders may pay with cash, personal
check, money order, bank check or wire transfer. Bidders outside the U. S.
will be required to pay by wire transfer. Credit cards are accepted on an
auction-by-auction basis - please contact the office prior to bidding in
the auction to confirm payment options. Bidders unknown to CESS, LLC may be
asked to provide additional personal identity or banking information. CESS,
LLC reserves the right to hold a purchased lot until a check has cleared.
PLEASE NOTE: A surcharge of 2% will be assessed to all credit card
transactions. This surcharge is not greater than our cost of acceptance.
LATE PAYMENT FEES
CESS, LLC may impose late charges of 5% per month (or the highest interest
rate allowed) on any amount owed to CESS, LLC that remains unpaid after 30
days. Buyer shall be liable for any collection costs or attorney's fees
incurred by CESS, LLC to collect payment, to the extent permitted by law.
11. SALES TAX
Buyers are required to pay any applicable state and local sales tax.
12. SHIPPING
At the request of the buyer, CESS, LLC will authorize the shipment of
purchased items, which usually ship within one to two weeks after payment
has been received. Shipment is generally made via UPS or Fed-Ex Ground.
Unless buyer gives special instructions, the shipping method shall be at
the sole discretion of CESS, LLC. CESS, LLC is not responsible for the acts
or omissions of independent handlers, packers or shippers of purchased
items or for any loss, damage or delay from the packing or shipping of any
property.
SHIPPING CHARGES: Buyers are required to pay for all packing, shipping and
insurance charges. Overseas duty charges are the responsibility of the
successful bidder. Be aware that for larger and/or valuable items, shipping
charges can be substantial. For shipping estimates, CESS, LLC suggests that
bidders contact one of our preferred shipping companies and use the
information provided in each lot description to determine charges to
bidder's location.
13. CANCELLATION OF SALE
If purchased property remains in the custody of CESS, LLC for a period of
30 days following the auction, CESS, LLC may cancel the sale, retaining as
liquidated damages any payments made by the buyer, or resell the property
at auction or by any other commercially reasonable means. CESS, LLC will
try to resolve the issue by other means first, but a timely arrangement of
shipping is requested and appreciated.
Shipping Terms
Buyer Pays Shipping Cost.
Buyers are required to pay for all packing, shipping and insurance charges.
Overseas duty charges are the responsibility of the successful bidder. Be
aware that for larger and/or valuable items, shipping charges can be
substantial. For shipping estimates, CESS, LLC suggests that bidders
contact one of our preferred shipping companies and use the information
provided in each lot description to determine charges to bidder's location.
The following are three companies to choose from:
The UPS Store
179 Niblick Road
Paso Robles, CA 93446
(805) 237-8727
The UPS Store
Golden Hills Plaza, 2425
Paso Robles, CA 93446
(805) 237-7302
