Conditions of Sale
TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid you agree to be bound by all of these terms & conditions, and any other announced terms and conditions of sale or rules of this site. Arizona law will apply to all legal disputes.
ONLINE BIDDING TERMS & CONDITIONS:
Before placing bids in our online auction bidders must register and provide credit card information. Please bid carefully. All items won will be charged to the credit card on file immediatetly following close of auction. All out of state bidders must pay 18% buyers premium and are responsible for all shipping costs. All items sold "as is where is" No returns or buy backs. Please inspect photographs closely as we try to describe all items thoroughly and will not be held responsible for any inaccuracy's in description and or photographs. J Levine Auction recommends previewing all items in this auction personally, if unable to do so, please call 24 hours prior to start of sale for a condition report. All online bidders require payment by visa,mastercard,discover. Local checks only with prior authorization. Online auction ends 30 minutes prior to live auction. Current high bidder will be placed in system at current high bid with the maximum bid entered in their behalf. Auction software will bid on behalf of the absentee online bidder just as if online bidder is present at auction. Bidding on behalf of online bidders does not start at their maximum bid. Bidding will start at the current high bid. If live auction crowd does not outbid the absentee online bidder then online absentee bidder will win item. Tie goes to live bidder.
The price paid by Bidder as a buyer at an auction shall be the sum of (a) Bidder's final bid, (b) a premium of 15% of the final bid on each item if the Bidder participates in the action in person or 20% of the final bid on each item if the Bidder participates in the auction via the internet or telephone, and (c) all applicable sales tax. All purchases must be paid in full before Bidder leaves the premises or disconnects from Bidder's internet or telephone connection, as applicable. The Parties agree, and Buyer consents, that Auctioneer has a lien on all items purchased by Buyer at auction as security for payments due under this Agreement and is authorized to file and record any and all documents and instruments necessary to effectuate and/or perfect such lien, including, but not limited to, a "UCC-1 Financial Statement" form under Arizona's statutory counterparts to the Uniform Commercial Code. No item may be removed from the premises until Auctioneer receives full payment of all amounts due hereunder. Payment for all purchases must be made in cash or, if pre-approved, by credit card or check. All out of state checks will require a 7-10 day holding period to ensure that the payment clears. Letters of credit or guarantees must be given for each specific auction only, along with proof of identity. Bidder agrees not to stop payment on any check and not to dispute a credit card charge made in accordance with this Agreement. Bidder is responsible for all expenses incurred for the processing and collection of a check that is returned for insufficient funds and for all expenses incurred for any charges that are reversed by a credit card company. In the event Bidder stops or places a hold on any payment made pursuant to this Agreement, Auctioneer reserves the right to repossess the items purchased thereby, at any time.
Once items have been paid in full, ITEMS NOT REMOVED by SUNDAY AT 3PM will must be turned over to third party shipper. Winning bidder must contact shipping company for payment & details post-auction and to arrange for items to be picked up. J. Levine auction & appraisal is not responsible for damage to any items once items have been turned over to shipping company. All costs associated with shipping are the responsibility of buyer.
Winning bidders MUST make proper arrangements to have their items removed by a 3rd party shipper within the day of the date of sale. Failure to do so will result in the automatic shipment of items to address on file with an additional surcharge. The credit card listed on file will be charged prior to automatic shipment.
1. All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify J Levine Auction & Appraisal, their officers, employees, agents, assigns, and jlevines.com from any liability.
2. All property is sold "AS IS", and ALL SALES ARE FINAL, there are no returns, exchanges, or refunds. Bidder waves their right to a charge back, and agrees that they will not charge back any credit purchase from any credit card of any kind. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. J Levine Auction & Appraisal may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall J Levine Auction & Appraisal 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.
3.All In-house Bidders agree to pay today's buyer's premium of 15%, 20% for Live Internet bidders and 20% for Phone bidding. State sales tax law, if applicable, will be applied.
4. J Levine Auction & Appraisal may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. The record of the auction made by J Levine Auction & Appraisal shall be conclusive.
5. When the auctioneer says "sold" Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment shall be made in cash or certified funds or by VISA, MasterCard and Discover. Checks of any kind must be accompanied by an irrevocable bank letter of credit guaranteeing payment to J Levine Auction & Appraisal and approved at least 24 hours in advance of the auction.
6. Bidder agrees that this agreement shall be governed by the laws of the state of Arizona and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Arizona.
7. J Levine Auction & Appraisal may refuse a buyer's number to anyone for any reason. Bidder agrees to provide any identification J Levine Auction & Appraisal may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
8. All items MUST BE REMOVED THE DAY OF AUCTION!!!!!
Condition: All damages seen at the time of listing have been identified. Common nicks, scratches, and wear may not have been called. If an item is found to be different than listed, it will be announced and no absentee or live bids will be entered on the item. It is the bidder's responsibility to determine overall condition before bidding on an item.
Payment: Cash, Visa, Master Card and Discover Credit Cards are accepted.
Buyer's Premium
A buyer's premium of 20% of the hammer price shall be added to each purchase to reach the total sales price. (15% Buyers Premium / 5% online bidding convenience fee)
Contract information
This Bidder Agreement ("Agreement") is entered into between the person bidding on the online format (referred to herein as either "Bidder" or "Buyer") and J. Levine Auction & Appraisal, LLC, an Arizona limited liability company, or its assignee ("Auctioneer"), (together, Bidder/Buyer and Auctioneer are referred to herein as the "Parties"). 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.
1. FULL PAYMENT: The price paid by Bidder as a buyer at an auction shall be the sum of (a) Bidder's final bid, (b) a premium of 15% of the final bid on each item if the Bidder participates in the action in person or 20% of the final bid on each item if the Bidder participates in the auction via the internet or telephone, and (c) all applicable sales tax. All purchases must be paid in full before Bidder leaves the premises or disconnects from Bidder's internet or telephone connection, as applicable. The Parties agree, and Buyer consents, that Auctioneer has a lien on all items purchased by Buyer at auction as security for payments due under this Agreement and is authorized to file and record any and all documents and instruments necessary to effectuate and/or perfect such lien, including, but not limited to, a "UCC-1 Financial Statement" form under Arizona's statutory counterparts to the Uniform Commercial Code. No item may be removed from the premises until Auctioneer receives full payment of all amounts due hereunder. Payment for all purchases must be made in cash or, if pre-approved, by credit card or check. All out of state checks will require a 7-10 day holding period to ensure that the payment clears. Letters of credit or guarantees must be given for each specific auction only, along with proof of identity. Bidder agrees not to stop payment on any check and not to dispute a credit card charge made in accordance with this Agreement. Bidder is responsible for all expenses incurred for the processing and collection of a check that is returned for insufficient funds and for all expenses incurred for any charges that are reversed by a credit card company. In the event Bidder stops or places a hold on any payment made pursuant to this Agreement, Auctioneer reserves the right to repossess the items purchased thereby, at any time.
2. NO WARRANTY: ALL ITEMS SOLD AT AUCTION ARE SOLD ON BEHALF OF THE SELLER AND ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND OR NATURE AND ARE NOT SUBJECT TO RETURN. NO STATEMENT (ORAL OR WRITTEN) IN ANY BROCHURE OR CATALOG (ONLINE OR IN PRINT) BY AUCTIONEER OR BY SELLER (OR BY THEIR RESPECTIVE AGENTS), AT THE SALE OR AT ANY TIME SHALL BE CONSTRUED AS A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STATEMENTS MADE REGARDING ANY ITEM ARE STATEMENTS OF OPINION ONLY. ALL ITEMS ARE AVAILABLE FOR PHYSICAL INSPECTION PRIOR TO SALE, AND BIDDER IS ENCOURAGED TO INSPECT ITEMS PRIOR TO BIDDING. Bidder hereby represents that Bidder will have examined all items on which it intends to place a bid prior to the commencement of the sale and will accept any item won at auction AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT WARRANTY. Auctioneer reserves the absolute right to withdraw any item at any time before its actual final sale, including during bidding. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder.
3. DISPUTES: The highest bidder acknowledged by Auctioneer shall be deemed the buyer of the item auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right and the discretion either to determine the successful bidder or to re-offer and resell the item in dispute. The Auctioneer's designation of a buyer shall be final. If Auctioneer fails to deliver an awarded item for reasons set forth in this paragraph, then Auctioneer will only reimburse the amount paid for such awarded item. If any dispute arises after the sale, Auctioneer's sales records shall be conclusive as to the buyer, the amount of the highest bid, and in all other respects.
4. BUYER'S RESPONSIBILITY: Subject to the provisions of Section 3, a sale by auction is complete when the Auctioneer so announces by the fall of the hammer or, if a hammer is not available, by saying "Sold"; at such time, title to the offered item passes to the highest acknowledged bidder, who thereupon immediately assumes full responsibility and all risks of loss and damage therefore, and who will immediately pay the full purchase price therefore. Buyers should guard their items accordingly. Under no circumstances is 5. 5. REMOVAL OF ITEMS: All items must be completely removed from the premises by Buyer at Buyer's sole expense without exception BY SUNDAY 3PM. Expenses incurred by Auctioneer for cleanup, removal of debris, and/or removal of Buyer's items from the estate will be billed to the Buyer and Buyer hereby agrees to pay Auctioneer for such expenses. Buyer will make every effort not to damage another person's items and property while removing Buyer's items. In addition to any expenses incurred by Auctioneer for cleanup or removal, Buyer will be subject to a $10.00 storage fee per item per day on items not removed within the five calendar day period. Any item not removed by SUNDAY AT 3PM following the sale of the item may be deemed abandoned. Auctioneer, at its sole discretion, may sell or store the item at the expense of Buyer. If Auctioneer sells the abandoned item, then Auctioneer will send the proceeds of such sale, after deducting all expenses, storage fees, and a 35% consignment fee, to Buyer.
6. ASSIGNMENT. Any right of Buyer under this Agreement or under the law shall not be assignable and shall be enforceable only by Buyer. Buyer shall not be entitled to any remedy, relief or damages beyond the rescission of the sale, return of the item and refund of the purchase price; and without limitation, Buyer shall not be entitled to damages of any kind.
7. INJURY; DAMAGE; HOLD HARMLESS: Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or bidder's agents, and further agrees to hold harmless Auctioneer and the seller, and their respective agents, employees and representatives for and from (a) any and all personal injury to bidder and bidder's agents, (b) any property damage occurring at the auction premises, and any and all suits, claims, damages, costs and expenses of every kind and nature which may or might be asserted against any of them as a result of the actions or omissions of bidder and/or bidder's agents.
8. GOVERNING LAW; JURISDICTION. Bidder hereby acknowledges that Auctioneer is an Arizona company with its principal place of business in the State of Arizona. BIDDER EXPRESSLY AGREES THAT THIS AGREEMENT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF ARIZONA, THAT THE STATE COURTS OF ARIZONA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS AGREEMENT AND OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH AUCTIONEER. VENUE IS IN THE MARICOPA COUNTY SUPERIOR COURT SYSTEM OF THE STATE OF ARIZONA.
9. AMENDMENTS AND INTEGRATION. No waiver or alteration of any provisions of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Auctioneer or unless it is publicly announced by Auctioneer from the auction block prior to sale. Any prior oral or written representations or agreements between the Parties are superseded by this Agreement.
10. SEVERABILITY. If any provision of this Agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law.
11. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of Auctioneer under this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies Auctioneer may have by law, statute, ordinance or otherwise.
12. AGENT: Bidder hereby acknowledges that Auctioneer is acting only as the seller's agent and NOT the agent of Bidder.
Condition Information
Purchasers may inspect the merchandise and are urged to do so. The Auctioneer makes no warranty as to condition and shall not be responsible for any defects in any Lot.
All goods are exposed for Public Exhibition and, for Internet buyer's condition is described in the listings. Item descriptions, dimensions and estimates are provided for guidance.
It is the buyer's responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction.
If potential buyers are unable to inspect lots in person, our staff will be happy to prepare detailed Condition Reports on individual lots.
Please contact us at 480-496-2212 or via email to contactus@jlevines.com to request a condition report prior to the auction beginning, to ensure a timely response.
Again, these are for guidance only, and all lots will be sold as described, as per our Terms and Conditions of Sale.
All goods are sold "AS IS" and "WITHOUT RECOURSE".
Payment Information
Acceptable forms of payment are American Express, Visa, MasterCard, Discover, & PayPal (paypal@jlevines.com).
Complete payment is required day of auction (if bidding live at the auction gallery) or upon receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). All online bidders will have the card on file charged the by end of the day, unless prior communication has been made. Items not paid for after the day of the sale are deemed noncollectable and the marked bidder is marked as a non-paying bidder.
Shipping Terms
It is the buyers responsibility to set up shipment of their auction winnings.
Once items have been paid in full, items must be turned over to third party shipper. Winning bidder must contact shipping company for payment & details post-auction and to arrange for items to be picked up. J. Levine auction & appraisal is not responsible for damage to any items once items have been turned over to shipping company. All costs associated with shipping are the responsibility of buyer.
Winning bidders MUST make proper arrangements to have their items removed by a 3rd party shipper within two weeks from the date of sale. Failure to do so will result in the automatic shipment of items to address on file with an additional surcharge. The credit card listed on file will be charged prior to automatic shipment.
*Please see our recommended shipper below.
Hours of operation:
Mon-Fri 9am-6pm,
Saturday 10am-2pm,
Closed on Sundays.
2. PV Postal & Shipping
Phone: 602-953-1730
E-mail: info@pvpostal.com
* PV Postal & Shipping ships anything, although, they are the only approved shipper J Levine Auction & Appraisal will release firearms and ammo to. If you are the bid winner for a firearm (whether an FFL is required or not), or ammunition, PV Postal & Shipping MUST be contacted for out of state shipping)
Note: J Levine does not provide in-house shipping, but are happy to meet with your 3rd party shipper of choice if you prefer to use a shipper other than Pak Mail or PV Postal.
Feel free to contact us with further questions and we thank you for your continued business! .
