PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. While Proxibid's Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
Special Terms
ONLINE BIDDING TERMS AND CONDITIONS:
By registering to bid, or by placing a bid, you agree to be bound by all of the following terms and conditions and any other announced terms and conditions of the auction or rules of proxibid.com:
1. All Internet bidders agree that bids placed on the Internet shall have the same legal and binding effect as if they were physically in attendance at the auction.
2. All bidders attending the auction (if applicable) assume full responsibility for any damage caused either to them or to the property and will hold harmless Darrell Cannon, Auctioneer and his staff or client(s) from any liability.
3. All property is sold “As Is, Where Is” and ALL SALES ARE FINAL.
4. It is the bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Darrell Cannon, Auctioneer may attempt to describe the merchandise in advertising, on the Internet, and at the auction, but make no guarantees as to the accuracy of such description. The buyer assumes all risk and caveat emptor.
5. In no event, shall Darrell Cannon, Auctioneer be held responsible or liable for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
6. All Internet bidders agree to pay a buyer’s premium equal to Fifteen percent 15% of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer's premium will be $15.00 for a total purchase price of $115.00.
7. Bidders who bid from off-site, and are not present at the live auction or preview, understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person.
8. Darrell Cannon, Auctioneer will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself.
9. Bidder agrees that everything is sold “as is” and that they may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Darrell Cannon, Auctioneer. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Darrell Cannon, Auctioneer agrees that the item was materially and intentionally misrepresented Darrell Cannon, Auctioneer will refund the Bidder's purchase price to him/her. Bidder agrees that under no circumstances whatsoever will Darrell Cannon, Auctioneer ever be liable to any bidder for an amount greater than the purchase price of the item they purchased.
10. Darrell Cannon, Auctioneer is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Darrell Cannon, Auctioneer or anyone else if the Internet service fails to work correctly before or during the live auction.
11. Darrell Cannon, Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins.
12. Darrell Cannon, Auctioneer reserves the right to withdraw or re-catalog items in this auction.
13. The auctioneer shall advance the bidding at his own discretion. Darrell Cannon, Auctioneer may withdraw any item before or during the auction. The record of the auction made by Darrell Cannon, Auctioneer shall be conclusive.
14. When the auctioneer says 'sold' Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Internet bidders are required to pay by Visa, MasterCard, American Express, Discover ONLY. Bidders credit card on file will be charged at the conclusion of the auction. Bidder further agrees that under no circumstances will he/she initiate a charge-back on his/her credit card. Auctioneer reserves the right to charge your credit card at the drop of the hammer. Payment will be collected within 24 hours of the conclusion of the auction. Items not removed within the alloted pickup time will be charged a $20.00 per day storage fee/per item. A 35% reselling fee will be applied to purchases not paid in full following the auction.
15.
Packing and shipping costs are the responsibility of the buyer. Buyer is responsible for removal of all purchases. Any merchandise not removed by bidder may be resold at the next auction or disposed of in any other way Darrell Cannon, Auctioneer deems to be suitable.
16. Darrell Cannon, Auctioneer may refuse a buyer's number to anyone for any reason. Bidder agrees to provide any identification Darrell Cannon, Auctioneer may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
17. We want you to be happy with your purchases. If you have questions about the merchandise, the time to ask questions is well in advance of the auction. No returns are allowed. Thank you for your patronage!
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