GENERAL
TERMS:
All
persons desiring to bid must be registered prior to the auction
and must have obtained a Bidder's Number.
Lone
Star Auctioneers, Inc., herein after referred to as the Auctioneer,
reserves the right to add to or withdraw from the auction any items
listed or not listed, to group individual lots into larger lots
for sale, to subdivide lots into smaller lots forsake, or to sell
all lots in bulk when it is in the best interest of the Seller.
Changes to or additional terms and conditions, additions or deletions
may be announced by the Auctioneer before ordering the course of
the auction.
Lone
Star Auctioneers, Inc. neither conducts an appraisal nor has any
association with the appraiser for our auctions. The Auctioneer
has no control over the appraisal contract, and cannot warrant,
stand behind or guarantee information contained in the appraisal.
All
items are sold AS IS, WHERE IS with no warranty,
expressed or implied. The Auctioneer shall not be responsible for
the correct description, authenticity, genuineness, or defect in
any lot and makes no warranty in connection therewith. No allowance,
refund or set aside will be made on account of any incorrectness,
error in cataloging, imperfection, defect or damage. Any descriptions
or representations are for identification purposes only and are
not to be construed as a warranty of any type. It is the responsibility
of the Buyer to have inspected thoroughly the merchandise and to
have satisfied himself or herself as to its condition and value
and to bid based upon that judgment solely.
Security
for purchases is the responsibility of the Buyer and begins immediately
upon the sale of each lot. Removals are at the expense, liability
and risk of the Buyer. Auctioneer shall not be responsible for goods
not removed within the specified time period. Auctioneer shall not
be responsible for non-delivery or for any other matter or thing
to any purchaser of any lot, in any event.
The
Auctioneer is acting as Agent for the Seller and all representations
made by Auctioneer are made on behalf of the Seller. The Auctioneer
is not responsible for the acts or representations of the Seller.
Any action or recourse will be directed to the Seller and not to
the Auctioneer.
Settlement
must be made in full immediately upon the completion of the auction
by cash, Cashier's Check or check accompanied by a current original
Bank Letter of Guarantee (to be presented upon registration). Seller
shall retain full security interest in all merchandise until full
and complete payment is made to Seller or Lone Star Auctioneers,
Inc. Shipping, handling, insurance, storage and security charges
will be calculated and paid at the time of payment at the auction.
Merchandise
not paid for and removed within the specified time period may be
resold without notice.
Upon
the sale of each lot, the Auctioneer announces the final sale price
and successful Buyer's number. All questions or disputes regarding
Buyer, lot identity, price or quantity must be resolved immediately
upon the sale of said lot. No changes or adjustments will be made
at any later time. The record of the sale kept by the Auctioneer
and sale clerk will be taken as final in the event of any dispute.
All
persons attending preparation, inspection, sale or removal of merchandise
assume all risks whatsoever of damage or loss to person and property
and specifically release the Auctioneer formal liability therefore.
The Auctioneer shall not be liable by reason of any defect in or
condition of the merchandiser premises on which the sale is held.
All
descriptions of items for sale contained herein or provided orally
or in writing at the time of the auction are believed to be correct,
but the Auctioneer makes no representation or warranty, express
or implied, as to the accuracy of any such description, and hereby
specifically disclaims any such warranty. The Buyer specifically
agrees and acknowledges that the use of the term "tested"
as used to describe articles of jewelry means only that the Auctioneer
believes that the article described has been tested as to the gold
or silver content of the article described, but the Auctioneer makes
no warranty that the gold or silver content is as described. Likewise,
the description of an article as a diamond or other gem or the description
of an article as being of a particular brand does not constitute
any representation or warranty that the article is as described.
The Buyer hereby agrees to rely solely on his/her own expertise
to determine the value of any item purchased rather than the description
of any article contained in the catalog or announced by the Auctioneer.
The
Buyer agrees that any item successfully bid upon will be paid for
by the Buyer immediately following the conclusion of the auction
and before departing the auction premises by delivery of cash or
a check drawn on an account containing sufficient immediately available
funds. To the extent that the bidder is an individual acting on
behalf of a corporation registered as the bidder, the individual
bidder shall be jointly and severally liable with the corporation
for payment of the purchase price. The Buyer acknowledges and agrees
that no "stop payment" order shall be issued or honored.
The Buyer further agrees that a stop payment order or a check returned
marked "insufficient funds" shall be considered prima-facie
evidence of intent on the part of the buyer to defraud the Auctioneer
at the time of delivery of the check.
IMPORTANT NOTICE: All purchases will be subject to a 3% buyer's premium in addition to any buyer's premium or purchaser's fee listed for each auction. However, buyers paying by Cash, Cashier's Checks. US Postal Money Orders or Checks with a valid Bank Letter of Guarantee as payment will receive a 3% discount on all purchases.
The
Buyer agrees that the act of submitting a bid shall constitute acceptance
of each and every term and condition contained herein and of any
additional terms and conditions which may be posted at the auction
or which may be announced by the Auctioneer. The Buyer agrees that
in any dispute between the Seller and the Buyer or between competing
bidders arising in connection with any sale at the auction, the
Auctioneer shall have the right but not the obligation to settle
such dispute, and the Buyer shall abide by the decision of the Auctioneer,
whose decision shall be final with respect to such matter. The Buyer
further agrees to indemnify the Auctioneer for all liabilities,
damages, costs, and expenses including attorneys fees incurred in
connection with any such dispute or in connection with any claim,
litigation, controversy, dispute or proceeding arising from any
purchase of an article by the Buyer or from any subsequent sale
of such article to any third party.
Upon
payment of any amount to Seller, the Auctioneer or its assigns shall
be subjugated to all of the Seller's rights of recovery. The Buyer
agrees that any and all disputes arising from this auction will
be resolved solely through binding arbitration in Tarrant County,
Texas. |