Bill Menish Auctioneers Inc. along with Meals on Wheels Greater San Diego are providing Internet bidding as a service to Bidder. There is a 10% buyer's premium, meaning the winning bidder will pay an additional 10% over the hammer price. TERMS AND CONDITIONS: By bidding on any auction item, you agree to be bound by the following Terms and Conditions: 1. You must be 21 years of age or older, have an email address, access to the Internet, and a valid credit card in order to bid on any auction item at the Proxibid Web site. 2. Your bid is a binding offer to buy the auction item. You may not retract your bid. If you are the winning bidder, you are contractually obligated to pay for the item. All sales are final and there are no exchanges or refunds. 3. Bill Menish Auctioneers Inc. may establish minimum bids or reserve requirements at any time before or during the auction. If an auction item is subject to a reserve and the reserve price is not met, you and Bill Menish Auctioneers Inc. are released from any obligation to purchase or sell, respectively. 4. Should a dispute arise between two bidders, the auction for that disputed item may, at the discretion of Bill Menish Auctioneers Inc., be re-opened until the auction item is sold. The decision of Bill Menish Auctioneers Inc. is final. 6. Bill Menish Auctioneers Inc. has made every attempt to catalog and describe all items correctly. However, ALL ITEMS ARE SOLD “AS IS.” BILL MENISH AUCTIONEERS INC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CORRECTNESS OR ACCURACY OF THE DESCRIPTION OR THE STATED VALUE OF THE ITEM. NO STATEMENT CONTAINED IN THE CATALOG OR PROGRAM OR ELSEWHERE SHALL BE DEEMED TO BE SUCH A WARRANTY OR REPRESENTATION OR THE ASSUMPTION OF LIABILITY FOR TAX PURPOSES OR GENERAL VALUE. Bill Menish Auctioneers Inc. HEREBY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABLITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. 7. IN NO EVENT SHALL BILL MENISH AUCTIONEERS OR PROXIBID BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR THE PURCHASE OR USE OF THE AUCTION ITEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. As some jurisdictions do not all the exclusion of implied warranties or limitation of liability or consequential damages, the above limitations may not apply to you. However, IN SUCH JURISDICTIONS THE LIABILITY OF BILL MENISH AUCTIONEERS INC. SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 8. In accordance with the Internal Revenue Code, the amount paid as the “winning bid” in excess of the Fair Market Value received as provided in the catalog of items to be auctioned is considered to be a charitable donation to the Meals On Wheels. Bill Menish Auctioneers Inc. does not appraise or estimate the value of items for auctions and all statements of value appearing in the catalog have been provided by the contributors of the items.