Conditions of Sale
Buyer's premium: A 23% Buyer's Premium will be added to all sales.
Credit Card Fee: An additional 3% fee will be charged if paying by credit card.
Wire Transfer Fee: An additional $15 flat fee will be charged if paying by wire transfer.
Sales Tax: A 9.00% Sales Tax will be added to any sales in South Carolina unless a resale certificate is provided prior to payment.
Note: Everything has been described to the best of our ability with regards to condition and descriptions. Call Auctioneer's office for any questions prior to placing bids.
This Bidder Agreement ("Agreement") is made between Eaton Hudson, Inc. (Auctioneer") and the person or entity listed on this page ("Bidder or Buyer"). Bidder agrees to be bound by the terms of this Agreement with respect to all sales and auctions conducted by Auctioneer. Bidder acknowledges that additional terms to this Agreement may be posted and/or announced from the auction block and such additional terms are deemed incorporated into this Agreement by this reference and are binding on Bidder.
By registering to bid or placing a bid you agree to be bound by all of these terms & conditions of this sale. South Carolina law will apply to all legal disputes.
Credit card payments will only be accepted up to $2,000.00. All invoices exceeding $2,000.00 must be paid by wire transfer. When paying by credit card a State or Federal form of identification must be included with the credit card form.
SALE TERMS and CONDITIONS
ALL SALES ARE FINAL
DISCLAIMER:
Each lot is sold "AS IS _ WHERE IS", with all faults and defects and all errors of description. Buyer hereby waives and releases Eaton Hudson, Inc. from and against any claim. Demand, liability, or expense of any kind arising out of or related to the lot.
1. Buyer acknowledges and understands:
a. Auctioneer does not make any representations or express any opinions concerning any item or lot.
b. Buyer has the option to make his own examination of any Lot prior to bidding; and assumes all risk of any nonconformities in any Lot.
c. Buyer further acknowledges that he has not relied upon any Statements and/or oral or written representations by Auctioneer's contained in any catalogs or advertisements of any type pertaining to the sale, including without limitation statements concerning condition, genuineness, authenticity, originality, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, and/or model of any Lot or of any component of any Lot.
d. Buyer represents that the amount bid for any Lot is based solely on Buyer's own evaluation of that Lot.
e. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot.
f. As a condition of participation in the auction, Buyer does hereby represent that an opportunity to inspect any item or lot has been made for satisfaction of all material facts before making any bid.
g. Auctioneer reserves the right to withdraw any item at any time before the final sale.
2. Payment must be made by Buyer to Seller within 5 business days after the conclusion of the auction. Payments must be made prior to the shipment or removal of any item purchased hereunder by cash, wire transfer, Visa, MasterCard or American Express. When paying by credit card, Buyer is waiving any and all rights to initiate a credit card charge-back against the transaction and or the Seller. Credit card transactions will appear on the Buyer's credit card statement as: Eaton Hudson. Any wire transfer payment not received within five (5) days of the sale date constitutes a breach of this contract.
3. Applicable state sales tax will be added to all purchases. Exempt Buyers must provide a copy of their sales tax-exempt certificate to the Seller at the time of purchase. Seller will retain this copy of the certificate for the sales records. Buyers unable to provide a copy of this tax-exempt certificate to Seller at the time of purchase must pay all applicable taxes and seek refunds through appropriate government agencies. Seller will not provide a tax refund.
4. Seller shall not be responsible for non-delivery to any Buyer of any item other than to refund the sum paid on any item, should Buyer be entitled to said refund due to Seller error.
5. The Seller reserves the right to withdraw any listed item from the sale, to sell items that are not listed, to group one or more items into one, to subdivide items and to sell any/all items in bulk.
6. In the event the Buyer fails to comply with any of the terms and conditions of the sale, the Seller may collect from Buyer damages. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorneys' fees and reasonable attorneys' fees on appeal. Any items or lots remaining unpaid pursuant to the terms of this agreement after the allotted payment period will be considered a breach of contract. All rights to merchandise will be forfeited, all monies, including any Letter of Credit, will be retained by Seller and merchandise will be re-sold or otherwise immediately disposed of at Buyer's expense and Buyer shall not be entitled to any monies associated with the sale of such merchandise. Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to the Seller without further notice to Buyer. Any disputes between the Buyer and the Seller must be filed and litigated in Charleston, SC, without regard to choose of law provisions, and each party irrevocably submits to the jurisdiction of the Massachusetts courts in any such action, suit or proceeding. The validity, meaning and effect of this agreement shall be determined in accordance with the laws of the State of South Carolina. In the event any action, proceeding or hearing is required to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover its costs and expenses incurred therein, including reasonable attorneys' fees and reasonable attorneys' fees on appeal. Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale.
7. All items awarded to high bidders are contractually theirs and must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT PURCHASER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THESE TERMS AND CONDITIONS, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. EATON HUDSON will re-market and re-sell this property. Failure to pay invoices in full by the Final Payment Date in accordance with payment terms will subject Bidder to pay as Liquidated Damages a sum equal to the lesser of (1) 20 percent of the invoice price of the item(s) as to which the default has occurred, or (2) the full amount of the difference between the original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell these items. IF EATONHUDSON HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES EATONHUDSON TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. Failure to remove items by the Final Removal Date in accordance with removal terms will subject Bidder to pay as Liquidated Damages the full amount of the expenses incurred to store or transport items until they are re-sold.
8. These written terms and conditions of sale supersede any other terms and conditions, either written or verbal and cannot be modified. The terms of this agreement are for the benefit of Seller and Buyer and no third party shall have any rights hereunder.
9. Buyer shall indemnify and hold Seller harmless from and against any and all loss, damage, liability or claims (including, without limitation, costs and expenses of litigation and reasonable attorney's fees [collectively "Claims"]) arising from or connected with this agreement, except to the extent such Claims are due to Seller's gross negligence or willful misconduct.
10. If for any reason whatsoever, Seller is unable to effect delivery of any purchase or clear title to the same, or any necessary documentation required in respect of any purchase, whether before or after delivery of such purchase, Seller's sole liability, if any, shall be the return of any monies paid on such purchase upon its return to Seller. Any purchase the subject of this paragraph shall be returned or surrendered to the Seller forthwith upon demand, such demand to be at the sole option of the Seller.
11. By registering for this auction, you are hereby agreeing to a binding contract signifying that you have read these terms and agree to the terms and conditions of the sale. If you do not agree or understand the terms and conditions of the sale, please refrain from registering for this sale.
23% Buyers Premium
A 23% Buyers Premium will be charged on all sales.
Shipping Terms
The buyer is responsible for all shipping costs. Seller will invoice buyer for shipping if requested. All shipments require signatures for delivery.
Payment within 5 days
Payment must be received within 5 days from sale closing. See auction terms for payment details.
