Swinging Bridge Auctions/ SBA Special Terms of Sale: TERMS AND CONDITIONS OF SALE ??1. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - AS APPLICABLE, DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of SBA and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. SBA believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. SBA attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from SBA that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. ?2. Neither SBA nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates or evaluations provided are solely for the convenience of the bidder and SBA makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region. The terms Estimate or Estimated Value (collectively 'Estimate') as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. All measurements given are approximate and within industry standards and customs. ??3. In no event shall SBA liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall SBA have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of SBA.??4. Bids may be received by SBA through the internet, telephone, facsimile, or e-mail. Bidding through a telephone, facsimile, or e-mail are only available to pre-qualified dealers or resellers. ??5. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid. ??6. All bids are subject to (I) a non-refundable 20 % buyer's premium which shall be added to a successfully placed bid upon sale of each lot, (ii) any applicable local sales tax, and (iii) shipping and handling costs that are more fully described in the section entitled 'Shipping and Handling' below (collectively, the 'Purchase Price'). ?7. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by SBA In the event that any reserve price of a lot is not exceeded by any bidder's bid, SBA, in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of SBA and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid, once accepted by SBA, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancelable by bidder. SBA has final discretion on sale of a lot. The decisions of SBA are final. In the unlikely event that we lose our internet connection, SBA reserves the right in its sole and absolute discretion to cancel the remainder of the auction. ??8. PAYMENT: We accept bank wire transfers, personal or company check, cashier's check, money order, Visa, MasterCard, Discover and American Express. We do not accept PayPal payments, but we do use Merchant Services for safe and reliable credit card transactions. For items purchased online, you will be emailed an invoice within 48 hours after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact SWINGING BRIDGE AUCTIONS AT 413-6676-4163 if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, SBA reserves the right to hold all purchases until the check has cleared to the satisfaction of SBA and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. IF IN ITS SOLE DISCRETION SBA AGREES TO REFUND A PURCHASE YOU WILL BE CHARGED A 15% RESTOCKING FEE OF THE HAMMER PRICE AND YOU WILL STILL BE RESPONSIBLE FOR SHIPPING AND HANDLING FEES AS WELL AS RETURN SHIPPING. THE PREVIOUSLY PAID BUYER'S PREMIUM IS NOT REFUNDABLE. PLEASE BID RESPONSIBLY AND DIRECT ANY QUESTIONS YOU MAY HAVE PRIOR TO PLACING A BID. ?9. LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY SBA, BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 15% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT, YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY SBA. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN.??10. SBA reserves the right to reject any bid at any time and at his sole discretion. SBA additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. SBA reserves the right to withdraw any lot at any time before, during, or after the auction without liability. ??11. On the fall of the auctioneer's hammer (or expiration of time in an online auction), ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon, a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full Purchase Price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total Purchase Price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including, without limitation, the right to hold the purchaser liable for the total Purchase Price, we at our option may, a) cancel the sale, retaining all payments made by the purchaser, b) resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder, c) reject future bids from the buyer or render such bids subject to payment of a deposit, d) charge interest at 18% per annum from the date payment became due until the date the Purchase Price is received in cleared funds, e) subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of SBA and no earlier than 30 days from the date of such notice, arrange the sale of such property and apply the proceeds to the amount owed to SBA or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale-related expenses, f) commence legal proceedings to recover the Purchase Price, together with interest and the costs of such proceedings, g) set off the outstanding amount remaining unpaid by the buyer against any amounts which SBA, or our affiliated companies, may owe the buyer in any other transactions, or h) take such other action as we deem necessary or appropriate. If such a buyer pays a portion of the Purchase Price for any or all lots purchased, SBA shall apply the payment received to such lot or lots that SBA, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees, costs and expenses associated with an attempted collection of payment from purchaser. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. Furthermore, if a purchaser fails to make any payments under these terms and conditions, a 15% charge as liquidated damages will be administered as described in Section 9. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion. ??12. SBA, and any consignors, reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. SBA shall act to protect the reserve by bidding in the auction process if needed. SBA may open bidding on any lot below the reserve by placing its own bid. SBA may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. ????13. The bidder hereby waives, releases, remises, acquits, and forever discharges SBA and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. SBA or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. ??14. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. ??15. These terms and conditions, the contents of any listing and the contractual relationship between SBA and any bidder **IMPORTANT - PLEASE READ** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY SBA, A RETURN OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE FOR PAYING A 15% RESTOCKING FEE BASED ON THE HAMMER PRICE OF EACH ITEM THAT IS RETURNED, LESS APPLICABLE TAXES, PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. ACCORDINGLY, THE RESTOCKING FEE, BUYER'S PREMIUM, AND ANY SHIPPING AND HANDLING COSTS ARE NEVER ELIGIBLE FOR A RETURN OR REFUND. IN THE EVENT THAT YOU REFUSE PAYMENT FOR A WINNING BID YOU WILL BE SUBJECT TO A 15% LIQUIDATED DAMAGES CHARGE OF THE HAMMER PRICE AS MORE FULLY DESCRIBED IN SECTION 9 HEREIN. ??SHIPPING & HANDLING ?All shipping arrangements will be handled by SBA except for other arrangements as may be agreed to by SBA. Shipping & Handling Fees will be included on your invoice. All shipping arrangements will be handled by SBA. Shipping & Handling Fees will be included on your invoice. Once paid, SBA will usually ship within 3-5 business days. (ART PIECES SHIP WITHIN 7-10 BUSINESS DAYS) ?IMPORTANT- YOU MAY NOT COMBINE PURCHASES TO SAVE ON SHIPPING; HOWEVER, SOME ITEMS MAY BE SHIPPED TO YOU IN THE SAME MAILING PACKAGE ( If item is over $500.00, we will add $1.00 for each $100 of the winning bid. ?ALL SHIPPING AND HANDLING PRICES, MAY BE AMENDED FROM TIME TO TIME. ALL ITEMS MUST BE SHIPPED BY SBA. WILL CALL IS NOT ALWAYS AVAILABLE AS WE DO NOT KEEP ALL OR CERTAIN INVENTORY AT OUR OFFICES DUE TO SECURITY CONCERNS. ALL ORDER FULFILLMENT TAKES PLACE AT A DIFFERENT SECURE LOCATION AND AS A RESULT WE ARE UNABLE TO ALLOW SOME ITEMS TO BE PICKED UP. WE ARE NOT RESPONSIBLE FOR ADDITIONAL FEES INCLUDING BUT NOT LIMITED TO OTHER IMPORT FEES NOTICES. ?All payments for lots won are due immediately upon receiving your invoice. If you do not receive an invoice via email or you are unable to pay through our online check-out system, it is your responsibility to contact us at 413-667-4163 Internet Buyers Premium: 20% Sales Tax: 6.25 % Payment Options: We accept bank wire, checks drawn from US banks, cashier's check, money order, Visa, MasterCard, Discover and American Express. You will be emailed an invoice within 48 hours after the auction. This email will provide you a link that will allow you to pay immediately and securely online. All payments for lots won are due within 72 hours of the auctions close. If you do not receive an invoice via email or you are unable to pay through our online check-out system, it is your responsibility to contact us at 413-667-4163 Shipping Instructions: All Shipping arrangements will be handled by SBA except for Items which will require pick up or special delivery. Each lot has its own Shipping, Handling, and Insurance Cost. You MAY NOT combine shipping costs however; items will be shipped to you in the same mailing package when possible. Shipping, handling packaging rates: Small items - 16.95 Medium items -24.95 Large items - 29.95 *Special Shipping price varies on details, weights sizes destinations, etc. Shipping will be An additional $1 for every $100 over $500 will be added for insurance. Insurance included in above prices. WILL CALL NOT AVAILABLE ON ALL ITEMS, PLEASE ARRANGE AHEAD. Special Terms of Sale: TERMS AND CONDITIONS OF SALE 1. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - AS APPLICABLE, DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of SBA and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. SBA believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. SBA attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from SBA that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. 2. Neither SBA nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates or evaluations provided are solely for the convenience of the bidder and SBA makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region. The terms Estimate or Estimated Value (collectively 'Estimate') as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. All measurements given are approximate and within industry standards and customs. 3. In no event shall SBA liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall SBA have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of SBA. 4. Bids may be received by SBA through the internet, telephone, facsimile, or e-mail. Bidding through a telephone, facsimile, or e-mail are only available to pre-qualified dealers or resellers. 5. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid. 6. All bids are subject to (I) a non-refundable 20 % buyer's premium which shall be added to a successfully placed bid upon sale of each lot, (ii) any applicable local sales tax, and (iii) shipping and handling costs that are more fully described in the section entitled 'Shipping and Handling' below (collectively, the 'Purchase Price'). 7. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by SBA In the event that any reserve price of a lot is not exceeded by any bidder's bid, SBA, in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of SBA and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid, once accepted by SBA, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancelable by the bidder. SBA has final discretion on sale of a lot. The decisions of SBA are final. In the unlikely event that we lose our internet connection, SBA reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 8. PAYMENT: We accept bank wire transfers, personal or company check, cashier's check, money order, Visa, MasterCard, Discover and American Express. We do not accept PayPal payments, but we do use Merchant Services for safe and reliable credit card transactions. For items purchased online, you will be emailed an invoice within 48 hours after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact SWINGING BRIDGE AUCTIONS AT 413-6676-4163 if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, SBA reserves the right to hold all purchases until the check has cleared to the satisfaction of SBA and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser for such property. IF IN ITS SOLE DISCRETION SBA AGREES TO REFUND A PURCHASE YOU WILL BE CHARGED A 15% RESTOCKING FEE OF THE HAMMER PRICE AND YOU WILL STILL BE RESPONSIBLE FOR SHIPPING AND HANDLING FEES AS WELL AS RETURN SHIPPING. THE PREVIOUSLY PAID BUYER'S PREMIUM IS NOT REFUNDABLE. PLEASE BID RESPONSIBLY AND DIRECT ANY QUESTIONS YOU MAY HAVE PRIOR TO PLACING A BID. 9. LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY SBA, BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 15% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT, YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY SBA. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN. 10. SBA reserves the right to reject any bid at any time and at his sole discretion. SBA additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. SBA reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 11. On the fall of the auctioneer's hammer (or expiration of time in an online auction), ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon, a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full Purchase Price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total Purchase Price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including, without limitation, the right to hold the purchaser liable for the total Purchase Price, we at our option may, a) cancel the sale, retaining all payments made by the purchaser, b) resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder, c) reject future bids from the buyer or render such bids subject to payment of a deposit, d) charge interest at 18% per annum from the date payment became due until the date the Purchase Price is received in cleared funds, e) subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of SBA and no earlier than 30 days from the date of such notice, arrange the sale of such property and apply the proceeds to the amount owed to SBA or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale-related expenses, f) commence legal proceedings to recover the Purchase Price, together with interest and the costs of such proceedings, g) set off the outstanding amount remaining unpaid by the buyer against any amounts which SBA, or our affiliated companies, may owe the buyer in any other transactions, or h) take such other action as we deem necessary or appropriate. If such a buyer pays a portion of the Purchase Price for any or all lots purchased, SBA shall apply the payment received to such lot or lots that SBA, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees, costs and expenses associated with an attempted collection of payment from purchaser. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. Furthermore, if a purchaser fails to make any payments under these terms and conditions, a 15% charge as liquidated damages will be administered as described in Section 9. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion. 12. SBA, and any consignors, reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. SBA shall act to protect the reserve by bidding in the auction process if needed. SBA may open bidding on any lot below the reserve by placing its own bid. SBA may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. 13. The bidder hereby waives, releases, remises, acquits, and forever discharges SBA and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. SBA or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. 14. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. 15. These terms and conditions, the contents of any listing and the contractual relationship between SBA and any bidder **IMPORTANT - PLEASE READ** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY SBA, A RETURN OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE FOR PAYING A 15% RESTOCKING FEE BASED ON THE HAMMER PRICE OF EACH ITEM THAT IS RETURNED, LESS APPLICABLE TAXES, PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. ACCORDINGLY, THE RESTOCKING FEE, BUYER'S PREMIUM, AND ANY SHIPPING AND HANDLING COSTS ARE NEVER ELIGIBLE FOR A RETURN OR REFUND. IN THE EVENT THAT YOU REFUSE PAYMENT FOR A WINNING BID YOU WILL BE SUBJECT TO A 15% LIQUIDATED DAMAGES CHARGE OF THE HAMMER PRICE AS MORE FULLY DESCRIBED IN SECTION 9 HEREIN. SHIPPING & HANDLING All shipping arrangements will be handled by SBA except for other arrangements as may be agreed to by SBA. Shipping & Handling Fees will be included on your invoice. All shipping arrangements will be handled by SBA. Shipping & Handling Fees will be included on your invoice. Once paid, SBA will usually ship within 3-5 business days. (ART PIECES SHIP WITHIN 7-10 BUSINESS DAYS) IMPORTANT- YOU MAY NOT COMBINE PURCHASES TO SAVE ON SHIPPING; HOWEVER, SOME ITEMS MAY BE SHIPPED TO YOU IN THE SAME MAILING PACKAGE ( If item is over $500.00, we will add $1.00 for each $100 of the winning bid. ALL SHIPPING AND HANDLING PRICES MAY BE AMENDED FROM TIME TO TIME. ALL ITEMS MUST BE SHIPPED BY SBA. WILL CALL IS NOT ALWAYS AVAILABLE AS WE DO NOT KEEP ALL OR CERTAIN INVENTORY AT OUR OFFICES DUE TO SECURITY CONCERNS. ALL ORDER FULFILLMENT TAKES PLACE AT A DIFFERENT SECURE LOCATION AND AS A RESULT WE ARE UNABLE TO ALLOW SOME ITEMS TO BE PICKED UP. WE ARE NOT RESPONSIBLE FOR ADDITIONAL FEES INCLUDING BUT NOT LIMITED TO OTHER IMPORT FEES NOTICES. All payments for lots won are due immediately upon receiving your invoice. If you do not receive an invoice via email or you are unable to pay through our online check-out system, it is your responsibility to contact us at 413-667-4163