Terms and Conditions of Sale for Jexters LLC, DBA Jexters Auctions. Please read these online Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder. If you want to bid in this online auction, you will first have to read these Terms and Conditions. And by placing a bid, you agree that you have read the Terms and Conditions and understand the terms are binding on both you and Jexters LLC. They consist of this introduction and twenty-six (26) numbered paragraphs that outline the relationship between you ('the Bidder') and Jexters Auctions or Jexters LLC ('the Auctioneer'). Throughout these Terms and Conditions, the terms 'auctioneer,' 'we,' 'us,' and 'our' will refer to Jexters LLC or Jexters Auctions, and the terms 'you' and 'your' will refer to the Bidder. For any questions regarding an auction, please email us at Auction@Jexters.com. 1. Registration: You must be 18 years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in Jexters Auctions indefinitely should you provide any false information during the registration process. a. In house (Floor) bidders are required to register and make a $40 refundable cash deposit at the registration desk before bidding. b. To gain access to the online auction, you will need to register and create a user name and password. For Jexters Auctions to process your winning bid, we must have a working Visa, MasterCard or Discover associated with your account. After you have registered for an online auction, cards are verified for $1.00 at time of registration to verify accuracy of information. 2. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile. 3. Conduct of Sale: All bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from Jexters Auctions website without first obtaining written permission from Jexters LLC. 4. Bidder's Duty to Investigate: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. If you are not certain of the condition, completeness or suitability of a given item, please bid accordingly. a. Photographs and Descriptions: Jexters Auctions regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also, understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. b. Bid Wisely: We want everyone to be pleased with their purchases and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to become fully informed about the items offered for sale in an auction will not be grounds for a refusal to pay amounts due to Jexters Auctions nor for any claim against Jexters Auctions. 5. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS ARE NOT GUARANTEED. 6. When You Have Been Outbid: If you are outbid during the course of an auction, you will be notified by email, if you have chosen this option when you registered. You can see if you are high bidder at any time using the 'Watch List' feature; items which you have put on the Watch List will show the bidder name of the high bidder. 7. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact Jexters Auctions by email at Auction@Jexters.com. Reports of bidding errors must be made via e-mail; phone reports will not be accommodated. If you make a bidding error during an auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close. 8. Bidder's Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify Jexters Auctions immediately by sending an e-mail to Auction@Jexters.com. You must also report the incident to the relevant law enforcement authorities and send Jexters Auctions a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to Jexters Auctions and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number. 9. Changes in Circumstance: All aspects of an auction are subject to change without notice. The Auctioneer reserves the right to, at any time: (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from an auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller. 10. Closing: Jexters online auctions are designed to mimic traditional 'live' actions. For this reason, an auction will have a staggered, soft closing. a. Staggered Closing: This online auction will automatically begin to close at a rate of 2 items per minute, every minute. Items' closing times may be extended past their scheduled closing time, however, because of Jexters Online Auction soft closing feature. b. Soft Closing: The closing time of an item is automatically extended an additional 3 minutes whenever a bid is placed within the 2 minutes leading up to an item's scheduled closing time. 11. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won at the price you gave as your bid. a. Notification: If you end up placing one or more winning bids in an auction, Jexters Auctions will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from Jexters Auctions about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because Jexters Auctions has no record of you having placed a winning bid. b. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify Jexters Auctions by sending an e-mail to auction@jexters.com explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. c. Taxes: Buyer must also pay to Jexters Auctions all applicable taxes, unless buyer has provided Jexters Auctions tax exemption certification. If you wish to apply for tax-exempt status, you must submit a completed copy of your tax-exempt form prior to auction close. 12. Payment: Item(s) must be settled day of sale by the most approximate means determine by Jexters Auctions. This can include: Cash, Debit Cards, PayPal and approved Credit Cards. (Checks & Wire transfers must be approved prior to bidding). Online bidders only: Within 48 hours of an auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide Jexters Auctions with a credit card that has sufficient credit available to pay for all your purchases at the moment the auction closes! a. Suspension: You understand and agree that if, at the end of an auction, Jexters Auctions is twice unable to charge your credit card for the entire amount of your purchases, Jexters Auctions will suspend your online bidding privileges indefinitely. b. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that Jexters Auctions charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 16-18 of these Terms and Conditions. 13. Buyer's Premium: A 12% buyer's premium is added to every purchase. This means, as an example, if your winning bids add up to $100, you will be charged $112 at checkout. 14. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account's being in default, you agree that Jexters Auctions will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price. 15. Picking Up Your Items: It is the bidder's duty to remove Items safely. You are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection or removal period, and agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause. a. Release Upon Presentation of Receipt: You understand and agree that Jexters Auctions will release your items only after you or your agent presents a sales receipt generated by Jexters Auctions stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize Jexters Auctions to release your items to any person in possession of your paid sales receipt. b. Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned. 16. Shipping: Jexters Auctions has an in-house shipping department and will ship most items; unless items states “No Shipping Provided” in the lot item description. We do not provide crating. We do not ship furniture items. We combine shipping unless it would be cost effective to do otherwise. a. Shipping charges are: Exact cost, depending on weight, size, and distance as the shippers' fee schedules dictate. 1. Each package is insured based on invoice value. 2. A handling fee of $3.50 charged to each shipment. 3. There will be a $2.25 charge for signature confirmation on shipments over $100. b. We generally use United State Postal and FedEx shipping services. c. IT IS THE RESPONSIBILITY OF THE BIDDER TO VERIFY AND CONFIRM THE SHIPPING ADDRESS AS IT APPEARS ON EACH INVOICE (Found in the “Sold To” section of each invoice). d. Once shipping cost has been determined for each buyer, a second credit card charge will be processed for the full cost of shipping. 17. Disposal of Unclaimed Items: In the event, you refuse to pay for or abandon any item that you win at auction, Jexters LLC will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. 18. Non-Delivery: In the unusual event that an item has been totally mis-described or is unavailable for pickup during the published removal times, you must immediately notify Jexters Auctions onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified. 19. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Washington County’s small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Washington County, St George, UT. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against Jexters LLC and do not prevail, you agree that you will reimburse Jexters LLC for all reasonable legal fees and costs. 20. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that Jexters LLC may seek interim or preliminary relief in a court having jurisdiction to protect any rights or property that Jexters LLC may have pending arbitration or litigation. 21. Liability: In all cases, Jexters LLC liability, and the liability of the seller of the items in an auction, will be limited to the refund of your purchase price. Jexters LLC will not be liable for any amount about the postponement or cancellation of an auction, or the withdrawal of any item or lot from an auction. In no event, will Jexters LLC be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with an auction or any related sale or transaction. a. No Liability for the Acts of Third Parties: Jexters LLC is not responsible for any action taken by any seller, bidder, or other third party before, during, or after an auction. b. No Liability for Site Malfunction: You understand that an online auction relies on devices and programs that may malfunction without warning. You agree that Jexters LLC will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that Jexters LLC may void or suspend any sale, or resell any item, if Jexters LLC determines a transaction to have been affected by any site malfunction. 22. Indemnification: You agree to indemnify, defend, and hold harmless Jexters LLC and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. 23. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by Jexters LLC. 24. Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. 25. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Utah. 26. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.