Auction Terms & Conditions Bright Brothers Estate Sales Terms & Conditions
Agreement (Updated 02-09-2022)
By bidding on any item, Bidder accepts and agrees to be bound by these Terms and Conditions, and specifically acknowledges that these Terms and Conditions constitute a binding contract. If Bidder does not agree to these Terms and Conditions, Bidder is not authorized to make a bid on or buy any item.
Inspection, Assumption of Risk and Disclaimer of Warranties
Bidder is knowledgeable and informed about the items for which Bidder submits a bid, and Bidder assumes all risk relating to the condition, authenticity and value of the item. Bidder understands and agrees that Bidder is relying solely on Bidder's inspection, evaluation, information and judgment when submitting a bid regarding any item, and that Auctioneer makes no representation or warranty concerning the value, condition or authenticity of any item offered for bid. All items offered for bid or sale are sold "AS IS," "WHERE IS," and without representation, warranty or guarantee of any kind, whether created by statute or by common law. AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY IMPLIED BY COURSE OF DEALING, OR ANY OTHER WARRANTY, WHETHER CREATED BY STATUTE OR BY THE COMMON LAW.
Any grading or authentication by any third party, including any statements made on certificates of authenticity, grading certificates, valuation certificates, certificates of appraisal, gemological laboratory reports, or any similar reports or valuations are exclusively the opinions of the authors, and are not the opinions or statements of Auctioneer. Bidder understands that Auctioneer has not verified any such statements or opinions and does not warrant their accuracy. Bidder relies exclusively on Bidder's own investigation and information, and assumes all risk of any inaccuracy in statements or opinions expressed by others.
Agreement Not to Dispute Credit Card Charges
Bidder agrees that upon processing a credit card, debit card or other bank card, such payment shall be immediate and irrevocable, and Bidder shall not dispute, challenge or reverse any such payment or charge.
Governing Law and Venue
This Agreement and the rights of the Parties shall be governed by and construed in accordance with the laws of the State of Arizona without the application of any conflict of law principles that would require or permit the application of the laws of any other jurisdiction. Any action at law or judicial proceeding instituted by any Party relating to this Agreement shall be instituted and maintained only in the state or federal courts in Maricopa County, Arizona.
1. EVERYTHING MUST BE PAID FOR IN FULL ON THE DAY OF THE AUCTION REGARDLESS OF WHEN IT IS PICKED UP. ITEMS NOT PICKED UP WITHIN 10 DAYS WILL BE FORFEITED (INCLUDING ANY AND ALL MONIES PAID FOR THE ITEM OR ITEMS). Items which have been left unpaid and not picked up within 4 days will become property of the auction house and resold at our discretion. This applies to all bidders, unless prior arrangements have been made in writing through email or text message. Local winning bidders must provide their own supplies for pick up. Bright Brothers Estate Sales will not provide boxes, paper, bubble wrap, or any other materials to bidders for transport of won lots.
2. Everything will be sold "as is, where is", with no guarantees of any kind, regardless of statement of condition made from the auction block. Buyers shall rely entirely on their own inspection and information. Statements on Certificate(s) Of Authenticity, Grading Certificates, Valuation Certificates, Certificates of Appraisal, Gemological Lab Reports, and the like (collectively referred to herein as COA) are the opinion of the company or entity which issued the COA, and not those of Bright Brothers Estate Sales. The information contained on the COA is added to the written descriptions of items solely as an attempt to fully disclose any information accompanying the item, and in no way constitutes a guarantee of the validity of the information on the COA. It is the sole responsibility of the bidder to verify the claims made on said COA before placing any bids on that item. When placing bids on item(s) accompanied by COA(s) it is the sole responsibility of the bidder to research the company or entity which issued the COA and base bidding activity on the strength of the reputation of the company which issued the COA(s). No refunds will be given due to disputes over the validity of information contained on COA(s).
3. Grading and authentication is not an exact science, and it is possible that two people do not always grade or evaluate the same item alike. Any stated grade or condition or estimated value represents the opinion of the third-party professional whose opinion is quoted in the item(s) description. Lots that are accompanied by a Certificate of Authenticity from a third-party authenticator are not eligible for return. Absolutely no exceptions will be made regarding this policy. Given the opinionative nature of autograph authentication, autographed items which are accompanied by the Third Party Authentication(s) listed with a lot represents the opinion of the third-party professional, and no further warranties or guarantees of opinion from outside authenticators, or so-called "experts", is being implied or guaranteed in any way. LOTS MAY NOT BE RETURNED BASED UPON A DIFFERENCE OF OPINION IN GRADING OR AUTHENTICATION. It is ultimately the Bidder's responsibility to arrive at a final conclusion on their level of satisfaction of authenticity PRIOR to bidding. Please do not bid on a lot if you are not comfortable with the stated authentication(s) that accompany a lot.
4. Every effort is made to "guard" merchandise throughout the auction; however, the bidder becomes solely responsible for all items purchased by him immediately following his winning bid. Therefore, he is advised to further guard his items at his own discretion. Bidder is responsible for merchandise/items won once shipped. Bright Brothers Estate Sales is not responsible for any damage that may occur once shipped or during shipping. This is a risk on the buyer/bidder.
5. The Bidder is responsible for knowing which item he is bidding on. If he is unsure, he should inquire or not bid. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes".
6. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels are not in the best interest of the seller.
7. 18% buyers fee will be added to invoice.
8. ON-LINE ABSENTEE BIDS ARE ACCEPTED UP UNTIL 1 HOUR BEFORE THE LIVE AUCTION BEGINS. These bids are NOT THE FINAL RESULT. Absentee bids become part of the live bidding action during the auction and are entered by a Proxy Bidder who acts on behalf of the absentee bidder. (Note: The exception of any ON-LINE ONLY auctions or Live WebCast Auctions.)
9. Invoice totals for Out-of-state Bidders and Non-Local Bidders will be charged to the credit card on-file on the night of the auction, and at a rate of 18% Buyer's Premium.
10. AUCTION WITH RESERVE: Per Uniform Commercial Code, an auction "with reserve" is one in which the seller or his agent reserves the right to establish a minimum bid, accept or reject any and/or all bids, and withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer. Sellers reserve the right to bid on all auctions. Auctioneers and their employees reserve the right to bid on their own, or the Seller's behalf.
11. All winning bids totaling over $900.00 that require shipment may be held for a period up to 3 weeks after buyer's credit card has been charged. All winning bids that require shipping on Fine Metals/Jewelry over $300 may be held for a period up to 3 weeks after buyer's credit card has been charged. Bright Brothers Estate Sales reserves the right to retract any winning bid after auction close and offer items to the next highest bidder.