Auction Terms & Conditions "ONLINE ONLY SIMULCAST AUCTION" TERMS AND CONDITIONS
1. TERMS OF PAYMENT. The purchase is subject to all terms and conditions set forth herein. The purchaser assumes full responsibility thereof. The purchaser further agrees to pay the Total Amount Due within 24 hours after closing of lot. Your credit card will be charged upon the completion of the auction. There are no cash payments at pickup. All items must be paid for in advance. Purchases over $2,000 require wire transfer. Title to purchased items does not transfer until payment has been made in full and funds have cleared.
2. PICKUP/SHIPPING. On location sales require pickup or shipping as stated as we HAVE to vacate the premises. No exceptions. If you do not pick up during the stated pickup time there will be a $30 LATE PICK-UP FEE! If you wish to have your smaller items shipped at your expense, please contact us prior to the day of pickup to arrange for payment and shipping. We may handle most shipping in-house. However, we reserve the right to contact and utilize UPS on items deemed necessary. (UPS will bill you directly.) We charge for boxes, shipping supplies, and a per lot handling fee of $4. We will combine shipping when possible for multiple lots. All shipments require insurance. We do not ship items without insurance coverage for the final price of the item. BE PATIENT!!! Shipping will occur within 21 days after payment. (Usually items will ship much earlier.) There are potentially hundreds of items to ship, and we are a small company. We always get it done and communicate effectively, but we cannot do it immediately. If not picked up within 7 days, it becomes the property of Epic Auctions and Estate Sales and no refund will be granted.
3. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions by which items listed by Epic Auctions and Estate Sales, LLC will be sold. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and are bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card, bidder number, or online registration constitutes acceptance of these terms and conditions. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
4. BUYER'S PREMIUM AND SALES TAX. All bid prices "hammer prices" ("hammer prices" means the price at which a lot is knocked down to the purchaser) will be subject to a buyer's premium of 20% payable by the purchaser. This premium is added to the purchaser's successful bid amount. 6 % MI sales tax, as required by law, will be levied to the combined "Hammer price" and the Buyer's Premium and the three together equal the total sale price. (Sales conducted from the premise of an estate are exempt from the MI sales tax.)
5. METHOD OF PAYMENT. We accept Visa, MasterCard, Discover, American Express or Wire Transfer (with advance notice). We DO NOT accept PayPal. All invoices will be charged to the credit card on file at the completion of the auction. There are no payments at pickup.
6. NON-PAYMENT. If Epic Auctions and Estate Sales, LLC does not receive payment in full, in good cleared funds, by the end of the stated pickup time, Epic Auctions and Estate Sales, LLC reserves the right to exercise one or more of the following measures, in addition to actions allowed by law: (a) to impose a late charge of $25 per week, whole or partial (b) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (c) to cancel the sale; (d) to resell the property publicly or privately with such terms as Epic Auctions and Estate Sales, LLC finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Epic Auctions and Estate Sales, LLC's commission on both sales, all other charges due hereunder, and incidental damages; (e) to block the Buyer from participation in future auctions; (f) to take other measures Epic Auctions and Estate Sales, LLC deems fit. In addition, a defaulting Buyer will be deemed to have granted Epic Auctions and Estate Sales, LLC a security interest in, and Epic Auctions and Estate Sales, LLC may retain as collateral security for such Buyer's obligations to Epic Auctions and Estate Sales, LLC, any property in Epic Auctions and Estate Sales, LLC's possession owned by such Buyer.
7. WITHDRAWAL. Epic Auctions and Estate Sales, LLC reserves the right to withdraw any property from the auction prior to the completion of the auction sale.
8. TECHNOLOGY ISSUES. If after a lot has closed there is determined to have been a software malfunction or internet service problem, we may reopen the lot for further bidding. However, if there are no internet outages, service interruptions, or computer software issues, only then will we consider "closed" to mean "sold". Auction Company will invoice the winning bidder as notification to confirm the lot is sold.
9. PROTESTS, DISPUTES AND THE AUCTIONEER. Epic Auctions and Estate Sales, LLC reserves the right to reject any bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Epic Auctions and Estate Sales, LLC records will be deemed conclusive in all respects in the event there is any dispute after the sale.
10. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Epic Auctions and Estate Sales, LLC is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum actually paid by the purchaser and there shall be in no event include any additional incidental or consequential damages.
11. CATALOG AND OTHER DESCRIPTIONS. All statements by Epic Auctions and Estate Sales, LLC in the catalog for the property or in the condition reports, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Epic Auctions and Estate Sales, LLC attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as a statement of value for which the item will sell or its value for any other purpose. Neither Epic Auctions and Estate Sales, LLC nor the Seller are responsible for any errors and omissions in the catalog or any supplemental material.
12. BUYER'S RESPONSIBILITIES. You, as a prospective Buyer, are responsible for
personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your own satisfaction with the lot as fully as you desire; or that You have chosen not to examine, or otherwise insure your satisfaction. If you require absolute certainty in all areas of authenticity, condition, etc., and the results of your examination and/or other investigation leave uncertainty in your mind, Epic Auctions and Estate Sales, LLC recommends you have an independent expert examine the lot for You.
13. GUARANTEE. All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Epic Auctions and Estate Sale, Inc. does not guarantee or make warranties, written or implied, on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Epic Auctions and Estate Sales, LLC acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item. Statements regarding condition are opinions, not statements of fact or guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Epic Auctions and Estate Sales, LLC or any person purporting to act on their behalf is authorized to make any representation or warranty, oral or written, with respect to any lot or item for sale.
14. RESERVE. Some lots may be offered subject to a reserve, which is a minimum price below which the auctioneer is not obligated to sell the lot. Epic Auctions and Estate Sales, LLC may, at its discretion, disclose the amount of reserve. Epic Auctions and Estate Sales, LLC may advance bids on items that are subject to reserve on behalf of the Seller.
15. ABANDONED LOTS. Any item that is not paid in full and picked up by the buyer within the stated number of days will be considered abandoned, unless prior arrangements are made with Epic Auctions and Estate Sales, LLC. Once an item is considered abandoned, there will be no refunds given to the buyer and the item will be disposed of in any manner deemed appropriate by Epic Auctions and Estate Sales, LLC. Disposal fees may be assessed as needed.
16. DISPUTES UNDER THIS CONTRACT. Purchaser and Epic Auctions and Estate Sales, Inc. agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Epic Auctions and Estate Sales, LLC. In the event the purchaser fails to make full payment, Epic Auctions and Estate Sales, LLC may, but is not required to, proceed directly to court. Furthermore, the purchaser and Epic Auctions and Estate Sales, LLC agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Epic Auctions and Estate Sales, LLC are required under the terms and conditions of sale to enter into Mediation before arbitration or any court action. If a party commences legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Ingham County, State of Michigan, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and Epic Auctions and Estate Sales, LLC agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Ingham County, State Of Michigan. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute I then submit to neutral binding Arbitration with Epic Auctions and Estate Sales, LLC and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder.
17. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" "WHERE IS". NEITHER Epic Auctions and Estate Sales, LLC OR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY Epic Auctions and Estate Sales, LLC. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL Epic Auctions and Estate Sales, LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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