Special Terms
Universal Live Auctions Bidders’ and Buyers' Terms & Conditions: New bidders and buyers to Universal Live Auctions, Universal Collectibles and Universal B&I live auction sales, and bidders and buyers who are currently registered with Universal Live Auctions, Universal Collectibles and Universal B&I to purchase items from dealers listing inventory on Universal’s websites (http://live.universal-collectibles.com, http://www.universallive.com), must accept the following Terms & Conditions to participate in Universal's live auction sales. You acknowledge that by accepting these Terms & Conditions you are opting in to receive emails and notifications about this auction sale and all other Universal sales and offerings. By signing up for a Universal auction sale, by placing a bid during a Universal Collectibles, Universal B&I or Universal Live Auctions auction sale or otherwise transacting with any Universal entity you are accepting the following terms and conditions:
1. Buyer's Premium: A buyer's premium will be in effect for all auction sales and shall be added to each purchase to reach the total sales price. The buyer's premium is posted on each item detail page.
2. Total Sales Price: The total sales price of an item includes (i) the hammer price of the item (ii) the buyer's premium (iii) applicable sales and other taxes due on account of the sale, (iv) packing, shipping transportation and insurance charges, and customs fees and charges and duties, if applicable, and (v) any other amount due from the Buyer as provided in the Seller's e-commerce Policies posted on the Item Detail Page. Buyer may be charged tax based on the laws and regulations in the state where the Seller has nexus.
3. Online Bidding: By registering to bid through Universal’s live auction service you agree to accept Universal’s policies of bid history disclosure, including the policy that live online bidder's increments are not reported when bidding against an absentee bid until the absentee bid is surpassed. Please register to bid well in advance of the start time. Neither Universal nor its suppliers or affiliates will be held responsible for errors or failure to execute bid(s). Absentee bids must be submitted electronically during the preview period on http://live.universal-collectibles.com, http://www.universallive.com
4. Methods of Payments: Acceptable forms of payment are listed on each item detail. Payment methods vary with each item in accordance with Seller's Payment Policies.
5. Payment Due: ALL PURCHASES MUST BE PAID FOR IN FULL UPON RECEIPT OF EMAIL INVOICE. Invoices will be e-mailed within 24 hours of auction closing. The Seller reserves the right to put items back up for auction if payment is not received within 10 days of receipt of the email invoice. No item will be released or removed before the conclusion of the sale and payment is made in full. No goods will be released without presentation of shipping ticket marked "Paid in Full." Buyer shall communicate with Seller within three (3) days of the completion of the auction. Payment in full is due upon receipt of notification of a successful bid and full payment shall be received by the Seller no later than 10 days following the auction date. Title shall pass to the Buyer once payment in full has been made. All shipping charges will be borne by the Buyer unless otherwise negotiated with the Seller. Any risk of loss during shipment will be borne by the Buyer following delivery of the purchased item to the designated common carrier. 6. Winning Bid: The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the auction coordinator shall decide the buyer.
7. Record of Sale: The record of sale, posted by Universal Live Auctions, Universal Collectibles or Universal B&I, will be taken as absolute and final in all disputes.
8. Use of Your Information. We may use personal information and identifiers to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site's content, layout, and services. We believe such information and identifiers allow us to improve our site to meet the needs of our users. We may also use your information to deliver information to you that, in some cases, is targeted to your interests, such as new items, targeted banners, new services and promotions. By using the site you accept this User Agreement and you expressly agree to receive this information. You can remove yourself from receiving some of this information by so indicating on any email you may receive from us. We use your email address, your mailing address, and phone number to contact you regarding administrative notices, new product offerings, and communications relevant to your use of the Site. If you do not wish to receive these communications, you may have the ability to so choose throughout the Site. If you choose to use our site, we may use your mailing address, email address, credit card and billing information to bill you for our services and provide associated support.
9. Reserve Price: Some lots are offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold. Universal Live Auctions, Universal Collectibles and Universal B&I will act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the Seller and may continue to bid on behalf of the Seller up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders. Specifically, the Auctioneer will bid against you and for the Seller up to the amount of the Seller’s confidential reserve. These auctions allow the Auctioneer (Universal Live Auctions, Universal Collectibles and Universal B&I) to bid for Sellers and against you and other prospective buyers to protect the Seller’s undisclosed reserve. The Auctioneer’s bid against you will be posted as “Auction House Floor Bid.” The Auctioneer is not obligated to and will not provide any additional notice of any bid placed for any seller or any bid placed to protect any undisclosed reserve.
10. Inquiries: All inquiries regarding lots must be sent directly to the Seller via email and received 48 hours prior to the start of the auction.
11. Withdrawal Prior to Sale: Universal Live Auctions, Universal Collectibles and Universal B&I reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.
12. Guarantee Terms: All items in the catalog are sold as described by the Seller of the item. No statement regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of liability by Universal Live Auctions, Universal Collectibles or Universal B&I. All items will be sold "as is, where-is" without any warranties, express or implied, including without limitation, warranties or conditions as to title, description, fitness for purpose, quantity, quality, merchantability, state, condition, location or otherwise unless stated in the auction listing. Although obtained from sources deemed reliable, the Seller and Auctioneer make no warranty or guarantee to the accuracy of the information contained in any auction listing.
13. Entire Agreement; Waiver. This Agreement, including the Universal’s User Agreement and all exhibits and other documents are incorporated herein by reference, set forth the entire understanding and agreement of the parties and supersede any and all other written or oral agreements or understandings between the parties as to the subject matter of this Agreement. In the event of an inconsistency between this Agreement and any other document, which is part of this Agreement, the terms of this Agreement shall govern. From time to time during the term of this Agreement, Universal Collectibles, Universal B&I or Universal Live Auctions may amend this Agreement (including any incorporated documents) by posting the amended terms on any Universal site, emailing notice of the amendment to the Buyer, or otherwise communicating such amendment to the Buyer. Each amendment will be effective immediately after it is initially posted on any Universal site, emailed to the Buyer, or otherwise communicated to the Buyer. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. The laws of the State of Illinois shall govern this Agreement and all transactions with Universal Collectibles, Universal B&I and Universal Live Auctions.
REV. 2008-09
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