12/08 Estate and Collectibles Auction

1. READ OUR TERMS & CONDITIONS BEFORE BIDDING. Reading & Agreeing to Our Terms & Conditions is REQUIRED Before Placing Bids. By Placing a Bid in Our Auction, You Agree that you Have Read, Understood and Agree to all Terms & Conditions and that this is a Legally Binding Contract. 2. WE GUARANTEE ALL ITEMS WE SELL ARE AS DESCRIBED. Our Company Guarantees that all items we Sell are as Described in our Catalog for up to 14 days after the Date of the Auction. Please be Aware we Sell both Old AND Newer items but will NEVER List an item as Vintage, Original, WW2, Bullion, etc. unless we Believe it to be so. A General Rule of Thumb is to Simply Read the Description & if it doesn't say an item is Vintage, Original, WW2, Bullion, etc? Then Assume it's Not. If you Believe an item you've Received was Described Incorrectly, Please Contact us Within 14 Days from the time you receive your item so we can Help you. 3. WE ARE AN AUCTION COMPANY - NOT AUTHENTICATORS OR APPRAISERS. Our Company Allows Inspection of Any Item by Appointment & Will Answer Questions on Specific items via E-mail or Telephone PRIOR to Auction Day. With the Exception of Our Guarantee Listed in #2 Above, It is the Bidder's responsibility to Research, Inspect, Determine Authenticity, Genuineness, Age, Condition & Value or any other determinative factor. Our Company may attempt to describe the merchandise in our Catalog, Advertising, on the Internet and at the auction but makes NO Representations, Guarantees or Warranties on any item Sold. Catalog is merely an Opinion that is written as a guide to aid potential bidders & may contain errors or omissions. By Bidding, you acknowledge that our Catalog is an Opinion & not a Guarantee or Warranty. You, the bidder, also agree, before placing any bids, that YOU are Responsible for Researching & Inspecting all item(s) up for bid & Determining their Authenticity, Genuineness, Age, Condition & Value or any other determinative factor. In no event shall Our Company be held responsible for any errors or omissions or for having made or implied any guarantee or warranty of authenticity, merchantability or fitness for a particular purpose. No employee of our Company or any person purporting to act on behalf of Our Company is authorized to make on our behalf or on the behalf of the consignor, any representation, guarantee or warranty, oral or written, with respect to any lot or item for sale. All property is sold "AS IS," ALL SALES ARE FINAL 4. PAYMENT IS DUE IMMEDIATELY. All payments are due at the fall of the hammer unless otherwise specified. Please be aware of this, most likely the card on file at auction registration will be charged for purchases, buyer premium and any other applicable fees. (**LiveAuctioneers Bidders are Required to Contact us with their Payment information within 24 Hours of the Auction's End**). Wire Transfer, Money Order & Cashier's Check Payments are Accepted & Preferred on Amounts of $1,000.00 or More but MUST Be Received within 48 Hours of the Auction's end. We will Refund Your Credit Card if it has been Charged already & You want to pay via Other Accepted Payment Methods. Be aware that invoice delinquency may lead to disabling of a bidder account and making all bidding unavailable on On-Line Bidding Websites. Payments unpaid or late may result in the account being sent to a collections agency. This can affect your overall credit scores for up to 7 years. 5. YOU ARE RESPONSIBLE FOR THE ITEM WHEN THE HAMMER FALLS. At the Fall of the Hammer, Winning Bidder is Solely Responsible for item(s) won. You agree that YOU are Responsible for any Loss, Theft or Damage on any item(s) won immediately upon the fall of the hammer & that also includes Loss, Theft or Damage in Shipping. Our Company will help with Shipping Insurance Claims, etc. but the Bidder is responsible for recovering Insurance funds through the Shipping Carrier due to damage, loss or theft in shipping. 6. INTERNET, ABSENTEE OR TELEPHONE BIDDERS. It is the Bidder's Responsibility to Inspect ALL item(s) BEFORE Bidding. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. By Placing Bids in this Auction, Bidder Agrees that it is Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason. We do not accept any phone calls relating to condition, bids, etc... after the on-site auction preview begins. Due Diligence is the complete responsibility of the Bidder & Bidder is completely responsible for their own bids. This includes any bids the Bidder Claims are placed in error or due to What the Bidder Claims are technical issues. If the Bidder is Reflected as the Winning Bidder on ANY item(s), they are Responsible for paying for those item(s). Bidder agrees that any item(s) Sold with an Appraisal is being sold based on the item(s) alone, not the Appraisal or the Appraised Value. Bidder acknowledges by Placing Bids that any Appraisal Included may be Inaccurate & that Appraisals can Vary Substantially in Different Geographic areas. Bidder agrees that by Placing Bids that they have Researched, Inspected, Determined Authenticity, Genuineness, Age, Condition & Value themselves. If something is being Sold 'Times the Money', it means Your Bid is PER ITEM - So, Bid Accordingly. It is Bidder's Complete Responsibility to Understand all Terms and Conditions BEFORE Bidding. 7. INTERNET BIDDING WEBSITES. Our Company is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Our Company or anyone else if the Internet service fails to work correctly before or during the live auction. Our Company will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Our Company reserves the right to withdraw or re-catalog items in this auction. 8. RESERVES & MINIMUMS. Some items in this auction may be subject to reserve (the minimum price below which the lot will not be sold). If a lot is Offered with a Reserve, we may Implement it by Bidding on behalf of the Consignor. Our Auctioneer may Reject Low Opening Bids, Pass Lots or Re-Open Lots at their Sole Discretion. 9. LIABILITY. Bidder Understands & Agrees that by Bidding, They Agree to all Terms & Conditions. Bidder Also Expressly Acknowledges & Agrees that in NO Event Shall Our Company be Held Liable for Any Damages Including but not Limited to Compensatory, Consequential or Incidental Damages. Bidder also Understands, Acknowledges & Agrees that any Legal Action Taken Against Our Company will Result in Possible Countersuits and also agrees to pay any and all Legal, Court & Attorney Fees incurred by Our Company. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Clackamas County, State of Oregon and not in any other jurisdiction.