Terms and Conditions
References in this document to " Appraisley", "we" or "us" mean Appraisley, LLC that is conducting the relevant Sale and any successors and assigns thereto. References herein to "you" and "your" mean the person or entity registering to bid or bidding in a Sale via the Online Bidding service through Invaluable.com.
1. Appraisley, LLC has endeavored to accurately describe all items being sold. All items are sold "as is," where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. There are NO REFUNDS. All items are photographed for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as desired, or that you have chosen not to examine them. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, imperfections from the photography process can include reflections and variations in color due to digital processing. Appraisley shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. We recommend prospective bidders examine all photographs of items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. Estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction. All sales are final. No statement written or oral made by the auctioneer or any representative of Appraisley, shall be deemed a warranty or assumption of liability by Appraisley or by any seller represented by Appraisley reserves the right to withdraw any property before the sale. Since these are virtual auctions there are no in-person previews for the items in our auctions.
2. In bidding on any lot offered, the bidder indicates acceptance. Your submission of auction bids constitutes your acceptance of these "Terms and Conditions of Sale." Title of each lot passes at the fall of the end of a timed auction or at Auctioneer's "Hammer" or live auction. The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. After the item is sold, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser or the purchaser's agent(s) at his own risk and expense.
3. A buyer's premium will be applied to the purchase price of all items as listed below. (The "Sales Price" is the hammer price plus the buyer's premium, plus applicable convenience payment fees, plus applicable taxes). All bidding at auction and all purchases will be in U.S. Dollars with a 20% Buyers Premium charged that includes a convenience fee of 3% for credit card. The bidder's credit card may be charged up to 4 days after an invoice is sent.
4. Taxes: All purchases in the State of Colorado are subject to the 2021 Colorado sales tax of 2.9% unless the Colorado Department of Revenue Blanket Certificate of Resale form is completed and provided. If you are outside of Colorado, you will not be charged sales tax. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country.
5. Appraisley does not allow for in-person pickup. The buyer pays for or shipping, handling and insurance. Auction House will ship, at Purchaser's expense. Purchaser agrees that House will do the packing and shipping (unless indicated) and it is done at the purchaser's risk and that the purchaser will pay for all packing expenses, materials, carrier fees and insurance charges. Appraisley, LLC will have no liability for any loss or damage to shipped items. Your agreement to complete the purchase of any items you bid on is a binding contract even if shipping costs exceed your expectations. Items must be paid for in full before they will be released to be shipped. Any shipping estimates given are only estimates and cannot be construed as the final shipping cost. All property will be shipped within 7 business days after payment/sale conclusion unless prior arrangements have been made with Appraisley. Purchased items not shipped within ten business days of the auction will be assessed a storage fee of $10.00 per day. If the purchaser fails to have their item(s) shipped from the premises 30 days after the auction, Appraisley reserves the right to take possession of the item(s) and dispose of them at their discretion to recoup storage costs.
Online Bidding Registration
All Internet bidders will require registration and pre-approval with Appraisley. There are no guarantees of successful registration, especially for those bidders attempting to register within 24 hours of the completion of sale. Appraisley does not warrant that the Internet auction platform will be uninterrupted or error free, nor do they make any warranty with respect to the results obtained from participating in the use of the Internet auction platform, or as to the accuracy, reliability or content of any information, service or offerings provided through the Internet auction platform. Your bid is a contract. If you are the winning bidder, you have entered into a legally binding contract to purchase the property.
A. Before you can bid via Invaluable.com, you must register to bid. Please note that we recommend registering at least 24 hours prior to the start of any Live Sale, or end of any Timed Sale. Should you register within a shorter time frame of that Sale, we will strive to get you registered but it may not be possible.
B. Once you have registered you should keep your account details strictly confidential, and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all bids made via your account. (see 9. Indemnity below)
Online Bidding Process
A. Once you have successfully registered for Online Bidding in a Sale, you will be eligible to bid online at that Sale.
B. During a Sale, you can bid for a lot by clicking the Bid button. Each bid shall be final and binding as soon as you click the Bid button.
C. The current bid will be displayed on your screen during the Sale. In the event of a tie between a bid placed by you online and any other identical bid(s) (including bids made in person at the Sale, telephone bids, absentee bids, and other online bids), it will be at the auctioneer's discretion as to which bid shall be accepted.
D. You acknowledge that you are bidding in either a live or timed auction and you agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted via your Online Bidding account (including the liability to pay in full and on time in accordance with the Bid Conditions for any lot that is the subject of a successful bid submitted from your account).
E. Please note that Appraisley reserves the right to reject a registration to bid online, withdraw its permission for you to use Online Bidding, or terminate an Online Bidding account, for any reason at any time prior to, during or after a Sale.
After the Sale
A. To find out if you have been successful in your bidding, you will get a notification from us. You may also check the results that are published by Invaluable.com online after the Sale.
B. You agree to pay for any lot and it's shipping and handling that is the subject of a successful bid submitted by you or from your Online Bidding account, in accordance with the Bid Conditions.
Use of the Online Bidding Service and Limitations of Appraisley's Liability
A. Inspection of all Lots prior to any Sale are available only via photographs, and it is for you to satisfy yourself as to each and every aspect of a lot.
B. Online Bidding service, if chosen by you, is done so entirely at your own risk. Access to and use of Online Bidding is dependent upon, among other things, the availability of the internet and the speed and quality of internet connections.
C. All bidding is done in U.S. currency. We do not accept any responsibility for any errors that may occur as a consequence of reliance upon any currency conversion tool.
D. The content displayed via the Online Bidding service may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Online Bidding service and to make any changes to the features, functionality or content of the Online Bidding service at any time.
E. Access to the Online Bidding service is made available as a convenience and on a temporary basis, and we reserve the right to suspend or terminate any aspect or feature of the Online Bidding service (including the Online Bidding service in its entirety) at any time, with or without notice. Without limiting the foregoing, we may suspend access to Online Bidding to carry out scheduled or unscheduled maintenance or for any other reason at any time.
F. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA THE ONLINE BIDDING SERVICE.
G. APPRAISLEY AND ITS SUPPLIERS (INCLUDING INVALUABLE.COM) PROVIDE THE ONLINE BIDDING SERVICE AND THE APPRAISLEY WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE ONLINE BIDDING SERVICE OR OUR WEB SITE OR ANY ERRORS OR DEFECTS IN THEIR CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS), AND WE DO NOT REPRESENT OR WARRANT THAT THE ONLINE BIDDING SERVICE OR THE WEB SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
7. Changes to These Terms and Conditions We may from time to time make changes to these terms and conditions. Any changes will be posted on our website at https://appraisley.com and we will endeavor to notify you of the same by means of a notice and link to the revised terms on our web site. Please review these terms and conditions regularly to ensure you are aware of any changes made by us. If you use Online Bidding after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of the Online Bidding service.
8. Governing Law, etc. These Appraisley Online Bidding Terms and Conditions shall be governed by, and construed in accordance with, the laws that govern the general Bid Conditions in respect of the applicable Sale as specified therein, and by the other terms and conditions as are set forth in such Bid Conditions.
9. Indemnity: You agree to indemnify, defend, and hold Appraisley and its affiliates and their respective offices, directors, owner, agents, information providers, and licensors (collectively, the "company Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys; fees incurred by any Company party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Appraisley reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Appraisley's defense of such claim.
