Chip of the Flying U by B.M. Bower, 1906 Edition

IMPORTANT ALL ITEMS SOLD AS-IS, NO RETURNS OR REFUNDS These terms and conditions apply to all online bidding at auction sales conducted by or in conjunction with West Coast Auctions ("Online Bidding"). By registering to participate in a West Coast Auctions sale (a "Sale") via Online Bidding, you expressly agree to these terms and conditions. In addition, use of the West Coast Auctions Online Bidding service is at all times subject to the West Coast Auctions Conditions of Website Use. References in this document to "West Coast Auctions", "we", or "us" mean West Coast Auctions 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. Registration 1.1. Before you can bid via Online Bidding, you must register to bid online. 1.2. Once you have registered, you should keep your account details strictly confidential. You must not permit any third party to use or access your account on your behalf. You will be liable for any and all bids made via your account. 1.3. You will need to register for each Sale that you wish to bid on. This can be done on the relevant Sale details screen. Online Bidding Process 2.1. Once you have successfully registered for Online Bidding in a Sale, you will be eligible to bid online at that Sale. 2.2. 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. 2.3. 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 in-person bids, telephone bids, absentee bids, and other online bids), it will be at the auctioneer's discretion as to which bid shall be accepted. 2.4. You acknowledge that you are bidding in a live auction, and you agree that each bid submitted is irrevocable and cannot be amended or corrected, even if submitted in error. You accept full liability for all bids submitted via your Online Bidding account, including the obligation to pay for any successful bid. 2.5. West Coast Auctions 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 before, during, or after a Sale. After the Sale 3.1. To find out if you have been successful in your bidding, you may check the results that are published online after the Sale. 3.2. You agree to pay for and collect any lot that is the subject of a successful bid submitted by you or through your Online Bidding account, in accordance with the Bid Conditions. Removal of Auction Items 4.1 If you choose in-person pickup, all auction items must be picked up by appointment only. Items must be removed within three (3) days of purchase, or storage fees will apply. These fees must be paid before the item can be picked up. A receipt must be shown at the time of removal, and in some cases, you may need to sign a Delivery and Acceptance Certificate to confirm you've taken possession. Storage Fees 5.1 Items not picked up within three (3) business days will incur a storage fee of $25.00 per day, per lot. Items left longer than seven (7) days after purchase will be considered abandoned. The auctioneer can then either scrap or resell the item at their discretion, keeping any resale proceeds. Use of the Online Bidding Service and Limitations of West Coast Auctions' Liability 6.1. Lots may not always be available for inspection prior to any Sale. It is your responsibility to inspect each lot catalog listing you may bid on or contact us with questions before the Sale. 6.2. If you choose to use the Online Bidding service, you do so entirely at your own risk. Access to and use of Online Bidding depends on the availability and quality of your internet connection. 6.3. All bids must be made in the currency of the Sale. Payment must also be made in the currency of the Sale. 6.4. The content displayed via the Online Bidding service may contain inaccuracies. We do not warrant the accuracy or completeness of the content. Any reliance on such content shall be at your sole risk. 6.5. Access to the Online Bidding service is provided as a convenience and may be suspended or terminated at any time without notice. Scheduled or unscheduled maintenance may result in temporary service disruptions. 6.6. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS IN BIDS PLACED VIA THE ONLINE BIDDING SERVICE. 6.7. WEST COAST AUCTIONS PROVIDES THE ONLINE BIDDING SERVICE "AS IS" WITHOUT WARRANTY. WE DO NOT ACCEPT LIABILITY FOR INTERNET CONNECTION ISSUES OR OTHER SOFTWARE/HARDWARE PROBLEMS THAT MAY AFFECT YOUR USE OF THE SERVICE. Export and Import Restrictions 7.1 It is the purchaser’s responsibility to comply with all export, import, or endangered species regulations. West Coast Auctions does not guarantee the issuance of permits for export or import. Endangered Species Regulations 8.1 Purchasers are responsible for ensuring compliance with all domestic and international regulations regarding the sale, export, or import of endangered species. West Coast Auctions is not responsible for securing any permits required by law. Changes to These Terms and Conditions 9.1 We may make changes to these terms and conditions from time to time. Any changes will be posted on our website, and we will notify you by providing a link to the revised terms. By using the Online Bidding service after changes have been posted, you agree to the updated terms. 10. This is intentionally left blank Special Terms: 11.1 ONLINE AUCTION PURCHASER GENERAL TERMS AND CONDITIONS OF SALE INTRODUCTION: These purchaser terms and conditions ('Purchaser Terms') apply to all bidding at any auction conducted by West Coast Auctions LLC d/b/a 'West Coast Auctions. By registering to participate in an Auctioneer (defined below) auction sale, whether at a live auction sale, via online bidding in a timed internet auction or a live internet auction ('Online Bidding') or by electing to purchase equipment or other auction items ('Auction Items') by clicking the 'Buy Now' icon on the applicable Auctioneer online marketplace (each, an 'Auction'), each person or entity ('Bidder') expressly agrees to these Purchaser Terms. Participation in an Auction by any person under the age of 18 is strictly prohibited and in violation of these Purchase Terms. A Bidder who is the highest accepted bidder at a live Auction or an Online Bidding Auction, or a person or entity purchasing an Auction Item by clicking the 'Buy Now' icon on the Auctioneer website is referred to herein as a 'Purchaser'. These Purchaser Terms were last revised on February 20, 2024 NO WARRANTY; AS-IS/WHERE-IS AUCTION SALES: ALL SUCCESSFULLY BID OR PURCHASED AUCTION ITEMS AT AN AUCTION ARE SOLD ON AN “AS-IS WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DESCRIPTION OF EACH AUCTION ITEM IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THE AUCTION ITEM WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN. NEITHER AUCTIONEER NOR THE AUCTION ITEM SELLER (“SELLER”) MAKES ANY WARRANTY THAT THE AUCTION ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL. INSPECTIONS: Neither Auctioneer nor Seller is responsible for any inspections of an Auction Item prior to or after purchase of such Auction Item. Conditions provided by Auctioneer are solely for the purpose of reporting on the visible condition of the Auction Item's major systems and attachments observed on the day of inspection and do not include road testing or load testing of mechanical condition. Purchaser acknowledges that conditions can change during the time between initial inspections, auction and time of removal. ONLINE BIDDING: Auctions will feature online bidding powered by Proxibid, Inc. ('Proxibid'). All Bidders are required to register online with Proxibid prior to participating in an Auction at the following URL: https://www.proxibid.com. Bidders will be required to comply with these Purchaser Terms and all other specific terms and conditions of the Auction detailed on Auctioneer's online marketplace for the applicable Auction Item, including the payment and removal procedures. For all specific internet bidding questions, please contact Proxibid at (877) 505-7770. BIDDING; BUY NOW; VOID BIDS; WITHDRAWALS, POSTPONEMENTS OR CANCELLATIONS: a) When bidding at a live Auction, after the winning bid has been established by Auctioneer, the bid will be automatically accepted by Seller and create a binding obligation to purchase and sell the Auction Item between Purchaser and Seller (a 'Binding Obligation'). (b) When Online Bidding, Proxibid is the final judge for determination of winning bids and, upon such determination, the bid will be automatically accepted by Seller and create a Binding Obligation between Purchaser and Seller. Purchaser and Seller will be notified of the completion of the Binding Obligation by an email or other notification generated automatically by Auctioneer's online marketplace. (c) When purchasing an Auction Item via 'Buy Now' on Auctioneer's website, by clicking the 'Buy Now' icon for the listed purchase price of such Auction Item, the purchase commitment of Purchaser will be automatically accepted by Seller and become a Binding Obligation between Purchaser and Seller. Purchaser and Seller will be notified of the completion of the Binding Obligation by an email or other notification generated automatically by Auctioneer's online marketplace. (d) Should a Bidder become the winning Purchaser at an Auction, such Purchaser will be contractually obligated at the time the Binding Obligation is created to pay for and remove the Auction Item from the lot where such Auction Item is located in accordance with the paragraph entitled Removal of Auction Items below. Bids cannot be removed for any reason after 8 a.m. Central Time on the close date of Auction. (e) Auctioneer reserves the right to reject or void any Auction bid, whether winning or otherwise, that it believes, in its sole discretion, (i) has been made in bad faith, (ii) is intended to manipulate the Auction listing and sale process, (iii) violates any applicable law or regulation, or (iv) results from an online marketplace outage, failure, error, or delay. (f) Auctioneer reserves the right to withdraw any Auction Item listed for sale at an Auction or to postpone or cancel any Auction for any reason, in its sole discretion, with or without notice, and without liability to any Bidder. Auctioneer also reserves the right to cancel and declare a 'Non-Sale' any Binding Obligation or Auction sale, whether or not payment has been made, in the event Auctioneer determines, in its sole discretion, that: (i) the Binding Obligation or sale is the result of an online marketplace application, system and/or user error, (ii) the Seller has breached or defaulted under the Binding Obligation, or (iii) Auctioneer is unable to clear title to the applicable Auction Item. In such event, Purchaser's sole remedy, and Auctioneer's sole liability to Purchaser, shall be a refund of any amount previously paid by Purchaser and remaining in Auctioneer's possession with respect to the canceled Binding Obligation or Auction sale. REMOVAL OF AUCTION ITEMS: Auction Items are located across the state of California. Because each location has different hours of operation, all Auction Items must be removed by appointment and pickup must be scheduled at least 24 hours prior to Purchaser's desired date of removal. All Auction Items must be removed by Purchaser within three (3) calendar days following the date of completion of the Binding Obligation, without exception, and Purchaser will be charged a storage fee of $25.00/day per Auction Item for any Auction Item remaining on site thereafter. All storage fees must be paid prior to removal. A 'paid in full' receipt must be presented by Purchaser for removal, and in certain cases Purchaser will be asked to sign a Delivery and Acceptance Certificate indicating that Purchaser has accepted and taken delivery of the Auction Items. Purchaser shall be deemed to have taken delivery of all Auction Items on execution of the Delivery and Acceptance Certificate regardless of whether Purchaser removes the same in a single or multiple trips to the Auction site. Additional fees may apply at select Auction locations. If Purchaser has not removed an Auction Item within thirty (30) calendar days following the date of completion of the Binding Obligation, Auctioneer will deem Purchaser's failure to remove such Auction Item to be evidence of Purchaser's intention to abandon Purchaser's Auction Item. In such instance, Auctioneer will deem the Auction Item abandoned, assume ownership of the Auction Item and take steps to dispose of the Auction Item. Auctioneer will determine the appropriate disposition approach in its sole discretion, which may include: (a) moving the Auction Item from the Auction Site and disposing of the Auction Item as Auctioneer deems appropriate; (b) scrapping the Auction Item; or (c) re-listing the Auction Item for sale on Auctioneer's online marketplace, whereby Auctioneer will retain the entire resale amount. ATTENDANCE AT AUCTION SITE: Each person attending an Auction acknowledges that an auction site is a potentially dangerous place. Flammable, corrosive and pressurized substances will be present, heavy equipment is being operated and electric circuits may be live. Each person attending an Auction at an auction site before, during or after the Auction shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties, and each Bidder shall notify such Bidder's agents and employees of the foregoing. No person or entity shall have any claim against Auctioneer, its agents, employees or principals for any injuries sustained, or for any damages to or loss of property which may occur from any cause whatsoever at an Auction site. ADDITIONAL TERMS: Auction Items may be added to any Auction. The information listed online or included in any Auction brochure is only a guideline and the accuracy of such information cannot be guaranteed. AVAILABILITY OF ONLINE MARKETPLACE: By participating in an Online Bidding Auction, each Bidder acknowledges and agrees that Auctioneer cannot guarantee the continuous or secure operation of, or access to, its online marketplace powered by Proxibid. Auctioneer's and Proxibid's servers, computers, communications components and systems, and application functionality, are subject to outages, failures, and delays. Each Bidder further acknowledges and agrees that Auctioneer will have no liability for any claims or alleged losses arising out of or relating to any such outage, failure, or delay. COMMUNICATION; INFORMATION SHARING: Purchaser authorizes Auctioneer to (i) contact it via phone, email or text regarding company business and (ii) process and share information regarding the bidder with the original equipment manufacturer ('OEM') of any Auction Item purchased hereunder and any of the OEM's dealers or service providers in Purchaser's geographic area. Auctioneer shall have no liability to Purchaser for the disclosure of any information regarding such Purchaser to the applicable OEM, its dealers, service providers or other representatives. ASSUMPTION OF RISK; WAIVER; INDEMNITY: Risk of loss or damage to each Auction Item shall pass to Purchaser immediately after when a Binding Obligation to purchase such Auction Item is created. Delay in titling any titled Auction Items in Purchaser shall not alter the passage of the risk of loss and damage. Purchaser shall, at its own expense, maintain and carry in full force and effect appropriate insurance coverage on each Auction Item purchased immediately after a Binding Obligation is created, and neither Auctioneer nor the owner of the auction sale site property ('Site Owner') will be responsible for any losses or damages thereto from and after the time a Binding Obligation is created whether resulting from acts of nature, theft, accident and/or vandalism (other than as a result of the gross negligence or willful misconduct of Auctioneer or Site Owner). Purchaser agrees to look solely to its insurance to cover such losses or damages. Purchaser assumes all liability whatsoever resulting from the possession, use or disposition of each Auction Item purchased at an Auction from and after the time a Binding Obligation to purchase is created. Purchaser hereby releases, waives, discharges and covenants not to sue Auctioneer and its parent, subsidiaries and Affiliates (as defined below),Site Owner, Seller and each of their respective directors, officers, employees and other representatives (collectively, 'Released Persons') of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to the Auction Items purchased at the Auction or use thereof, including without limitation, any liability or damage relating to injury to person or property. Purchaser hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and Affiliates, Site Owner, Seller and each of their respective directors, officers, employees and other representatives (collectively, 'Indemnified Persons') harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys' fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to (i) Purchaser's breach of these Purchase Terms, (ii) Purchaser's improper use of Auctioneer's online marketplace, (iii) the inspection, loading and transport of the Auction Items by Purchaser or Purchaser's agent and/or any property damage or bodily injury arising therefrom, (iv) Purchaser's ownership, repair, maintenance (or lack thereof) and/or use of the Auction Items, and/or any property damage or bodily injury arising therefrom, (v) Purchaser's violation of any applicable law, or (vi) the enforcement of this indemnity by Auctioneer. For purposes of this paragraph, (a) the term 'Affiliate' means any person or entity that directly or indirectly controls, is controlled by, or is under common control with, Auctioneer, and (b) the term 'control' means (i) the possession, directly or indirectly, of the power to vote fifty percent (50%) or more of the securities of a person or entity having ordinary voting power, (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management policies of a person or entity, by contract or otherwise, or (iii) being a director, manager, officer, executor, trustee, or fiduciary (or their equivalents) of a person or entity or a person or entity that controls such person or entity. GOVERNING LAW; JURISDICTION: ALL MATTERS ARISING OUT OF OR RELATING TO THESE PURCHASER TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF CALIFORNIA. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION, OR PROCEEDING OF ANY KIND WHATSOEVER AGAINST ANY OTHER PARTY IN ANY WAY ARISING FROM OR RELATING TO THESE PURCHASER TERMS AND ALL CONTEMPLATED TRANSACTIONS IN ANY FORUM OTHER THAN THE US DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA OR THE COURTS OF THE STATE OF CALIFORNIA SITTING IN SAN DIEGO COUNTY, CALIFORNIA. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND AGREES TO BRING ANY SUCH ACTION, LITIGATION, OR PROCEEDING ONLY IN THE US DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA OR THE COURTS OF THE STATE OF CALIFORNIA SITTING IN SAN DIEGO COUNTY, CALIFORNIA. EACH PARTY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION, OR PROCEEDING IS CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. Auction Information West Coast Auctions 760-724-0423 Buyers' Obligations ALL BIDDERS MUST AGREE THAT THEY HAVE READ AND UNDERSTOOD WEST COAST AUCTIONS' CONDITIONS OF SALE, AGREE TO BE BOUND BY THEM, AND AGREE TO PAY THE BUYER'S PREMIUM AND ANY OTHER CHARGES MENTIONED IN THE NOTICE TO BIDDERS. THIS AFFECTS THE BIDDERS' LEGAL RIGHTS. If you have any questions about the Conditions of Sale, please contact our team.