Special Terms
1. All prospective buyers must be at least 18 years old and are required to register with Ken Porter Auctions prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facility or online.
2. Buyer accepts responsibility and liability for the purchase(s), from the call of the final sale by the Auctioneer announcing the sale price and the bidder’s number. Any questions or concerns will be finalized by review of the auction video or audio after the sale. Buyer is responsible for any individual using the buyer’s bidder card. In the event the card is lost, the buyer must immediately notify the auction management.
3. The “Auction Terms and Conditions” shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California.
4. Purchase (Purchase price to include Hammer price, Iternet Buyers Premium, and Sales Tax) price must be paid for in full by the first business day following the sale in the form of cash or cashiers check. If Not Paid for by 5pm on the First Business day following the sale, a late fee of $25 per lot per day will be charged until the balance is paid in full.
5. All property is sold “AS IS”, and ALL SALES ARE FINAL. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Ken Porter Auctions may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Ken Porter Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
6. Bidders who bid from off site understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Ken Porter Auctions shall endeavor to describe in detail each item and any pertinent information about it.
7. Ken Porter Auctions 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. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
8. Ken Porter Auctions is providing internet timed auction 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 Ken Porter Auctions or anyone else if the internet service fails to work correctly before or during the auction. Ken Porter Auctions will not be responsible for any missed bids from any source. Ken Porter Auctions reserves the right to withdraw or re-catalog items in this auction.
9. The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot.
10. Auctioneer shall settle any dispute arising as to any bidding at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. The Auctioneer may refuse to accept or acknowledge any bid, which is merely a fractional advance over the preceding bid and in the event of a tie bid; the Auctioneer may re-open the bidding to determine the higher bidder.
11. A Internet Buyers Premium equal to 20% of the bid price will be added to the total paid to complete purchase (unless otherwise stated by Auctioneer)
12. Upon the award of bid, all risks of loss, damage to or of the purchased item passes to the purchaser and Auctioneer and/or seller shall have no liability whatsoever for any damage of any such lots.
13. No lots shall be removed until the conclusions of the auction and full payment made, invoices are available for payment at any time. All lots must be removed by the 1st Tuesday following the sale. There will be a daily storage fee charged at the rate of $25 per day for any miscellaneous items, starting Wednesday following the sale. If for any reason the purchaser fails to remove any lots within 5 days, the lot shall be deemed abandoned, and the Auctioneer may re-sell, or remove from the auction site, and /or store the said lots at purchaser sole risk and expense. In addition, purchaser shall be liable for any rent incurred or damages suffered by auctioneer because of purchaser’s failure to timely remove any lot.
14. Sales tax will be added to the purchase price of all taxable items. Buyers who purchase for resale must pay said sales tax or provide a resale certificate to the auctioneer in the name of the bidder. Purchase must also comply with all local laws and all ordinances regarding sale of property at auction.
15. If for any reason the Auctioneer fails to deliver an awarded lot, the Auctioneer‘s sole liability shall be the return of any deposit or monies paid on such non-delivered lots.
16. In the event Auctioneer and/or seller are required to employ an attorney to enforce any term of this agreement, purchaser agrees to pay any reasonable attorney fees.