Conditions of Sale
This Bidder Agreement ("Agreement") is made between J Levine Auction & Appraisal, LLC ("JLA") and the person or entity listed on this page ("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.
DISCLAIMER
Each Lot is sold "AS IS-WHERE IS", with all faults and defects and all errors of description. Buyer hereby waives and releases JLA from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot.
Buyer acknowledges and understands;
1. JLA does not make any representations or express any opinions of its own concerning any Lot
2. Buyer has the option to make his own examination of any Lot before bidding; and assumes all risk of any nonconformities in any Lot.
3. Condition report requests are suggested if you are unable to view the item in person. Condition report requests are answered in the order they are received. It is at the auctioneer's discretion to respond to any request sent the day of the auction.
4. Buyer further acknowledges that he has not relied upon any Statements and/or oral or written representations by JLA contained in any catalogs or advertisements of any type pertaining to the sale, including without limitation statements concerning condition, genuineness or 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.
5. Buyer represents that the amount bid for any Lot is based solely on Buyer's own independent inspection and evaluation of that Lot.
6. Auctioneer is not liable for any issues concerning telephone bids, online bidding, and/or absentee bidding.
7. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot.
8. As a condition of participation in the auction, Buyer represents that he will conduct any inspections and examination necessary to satisfy himself of all material facts before making any bid.
9. Auctioneer reserves the absolute right to withdraw any item at any time before its actual final sale, including during bidding.
10. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder.
Disputes
DISPUTES
The Auctioneer's designation of a buyer is FINAL. The highest bidder acknowledged by the Auctioneer is deemed the buyer of the item auctioned.
If any dispute were to arise between two or more bidders, the Auctioneer reserves the right and the discretion;
1. to determine the successful bidder.
2. to refuse any bid from any bidder and/or not to recognize a bidder.
3. Unless otherwise prohibited by law, before Buyer may initiate any legal proceeding arising out of or relating to any sale occurring as a result of this Agreement, including, but not limited to issues related to Seller's representations or statements concerning condition, genuineness or authenticity, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, model or mileage, or any other representation made regarding any Lot, Buyer shall submit to a mediation with Seller to be facilitated by JLA or its designee on the terms and conditions set forth by JLA.
4. Buyer agrees not to join JLA as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot. If Buyer fails to comply with this provision, Buyer agrees to reimburse JLA for all costs, expenses, and fees, including attorney fees, in defense of such claims.
REMEDIES/ Legal
(1)Buyer hereby waives any potential or actual conflict of interest inherent in such a mediation process and agrees to defend (using counsel reasonably acceptable to JLA).
(2)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 on 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.
(3)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. 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.
(4)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.
(5)In any litigation or proceeding arising out of or related to this Agreement, Buyer agrees to pay all of JLA's attorney fees, costs and other expenses incurred in connection with the litigation or proceeding if JLA is successful in such litigation or proceeding.
This Agreement and related Contract of Sale contain the entire agreement between Buyer and JLA pertaining to the subject matter described herein. Any terms proposed by Buyer orally or in writing which add to, vary from or conflict with this Agreement shall be void.
Bidders Contract
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 here under. 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 within 72 hours following the sale of such items. Expenses incurred by Auctioneer for cleanup, removal of debris, and/or removal of Buyer's items from and after the expiration of the 72 hour period 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 72 hour period. Any item not removed within 72 hours following the sale of the item will 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.
Payment
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 following day, unless prior communication has been made. Items not paid for after the 3rd day of sale are deemed noncollectable and marked bidder is marked as a non-paying bidder.
Shipping
It is the buyer's responsibility to set up the shipment of their auction winnings.
Once items have been paid in full, items must be turned over to third party shipper or picked up in person. Winning bidder will be contacted by shipping company with a quote. If shipping has not been paid within 10 days from the initial quote date from the shipping company, you agree that your Credit Card will be charged and the items will be shipped.
J. Levine Auction & Appraisal is not responsible for damage to any items once items have been turned over to the shipping company. All costs associated with shipping are the responsibility of the buyer.
All items won at auction must be completely removed from the premises by Buyer at Buyer's sole expense without exception within the 72 hours following the auction. Any item not removed within the 72 hours will be deemed abandoned.
Feel free to contact us with further questions and we thank you for your continued business!
Fees
The price paid by online bidder, or phone bidder is the sum of;
(a)Bidder's final bid (hammer price per lot),
(b)A premium of 20% of the hammer price per lot
(c)All applicable sales tax.
Buyer understands and agrees that the 20% buyer's premium per Lot purchased will be automatically included in the final settlement figure, and the buyer will be required to pay all applicable taxes, or other fees levied by any authority.
