Terms and Conditions for Pauls Auction House, LLC
Conditions of Sale
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. This Bidder
Agreement ("Agreement") is made between Pauls Auction House, LLC (PAH, going forward) and the person or entity listed on this page
("Bidder or Buyer"). Bidder agrees to be bound by the terms of this Agreement with respect to all sales and auctions.
Disclaimer
PLEASE PLEASE - SHIPPING IS EXPENSIVE- IF OUT OF STATE KEEP IN MIND THE SIZE AND WEIGHT WHEN BIDDING - SHIPPING LARGE ITEMS OUT OF STATE IS EXPENSIVE. This is not a refundable reason.
Each Lot is sold "AS IS-WHERE IS", with all faults and defects and all errors of description. Buyer hereby waives and
releases Pauls Auction House 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. Pauls Auction House does not make any representations or express any opinions of its own concerning any Lot
2. Buyer has the option to make his/her own examination of any Lot before bidding; and assumes all risk of any
nonconformities in any Lot.
3. CONDITION REPORTS 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 discretion of the House to respond to any request sent the day of
the auction.
4. Buyer further acknowledges that he/she has not relied upon any Statements and/or oral or written representations
by Pauls Auction House 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. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot.
7. As a condition of participation in the auction, Buyer represents that he/she will conduct any inspections and
examination necessary to satisfy him/herself of all material facts before making any bid.
Disputes
The highest bidder acknowledged by the online auction is deemed the buyer of the item auctioned.
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 PAH or its designee on
the terms and conditions set forth by PAH. Buyer agrees not to join PAH 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 PAH for all costs, expenses, and fees, including attorney fees, in defense of such claims.
Remedies
Legal 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 PAH). Bidder acknowledges responsibility for any
personal injury or property damage caused by bidder or bidder's agents, and further agrees to hold harmless 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.
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). 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 PAH prior to sale. Any prior oral or written representations or agreements
between the Parties are superseded by this Agreement. In any litigation or proceeding arising out of or related to this
Agreement, Buyer agrees to pay all of PAH attorney fees, costs and other expenses incurred in
connection with the litigation or proceeding if PAH is successful in such litigation or proceeding. This
Agreement and related Contract of Sale contain the entire agreement between Buyer and PAH
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.
Payment
Acceptable forms of payment are Credit, Debit Card, Zelle, or Cash upon pick-up. Local checks or cashier checks are
not accepted without prior approval from PAH. Complete payment is required day of auction or upon
receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). In the event of a declined
credit card a $25 fee will be assessed. Items not paid for within 24 hours auction close will be deemed non-collectable,
bidder will be marked as a nonpaying bidder and will be banned from future auctions.
Shipping Terms
PLEASE PLEASE - SHIPPING IS EXPENSIVE- IF OUT OF STATE KEEP IN MIND THE SIZE AND WEIGHT WHEN BIDDING - SHIPPING LARGE ITEMS OUT OF STATE IS EXPENSIVE. This is not a refundable reason.
For out-of-town buyers, once we have received payment your purchase will be turned over to PAH
shipping department. PAH will proactively reach out to you to arrange packing, shipping and insurance
and will offer UPS, FEDEX, DHL, USPS services for most parcels. For those larger items, Packing, Shipping,
Crating & Freight services are available. For questions related to shipping please feel free to contact PAH. All packing and shipping from any company besides PAH must be arranged and coordinated by the winning bidder / buyer within 24 hours from the date of the sale. If arrangements are not in place in the 24hour period a $10 per day per lot storage fee will go into place.
Local buyers are responsible for picking up items purchased by Tuesday/day, following auction closing between 9am-
7pm. If items are not picked up by this time storage fees will apply starting Wednesday/next morning at a rate of $10
per day per lot.
Items purchased equaling $300 or more, to protect our house and consignors, will not be shipped until payment is
secured.
Buyers Fees
The price paid by Online Bidder is the sum of;(a) Bidder’s final bid,(b) A buyer’s premium of 18.5% of the final bid (c) All
applicable sales tax. Buyer understands and agrees that the 18.5% 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 and surcharges levied by any authority. Declined credit cards will be assessed a $25.00 fee.
Sales Tax Law
State Sales Tax Law, if applicable, will be applied. State and City of Youngtown, AZ is currently 9.3% plus .30 per
transaction. If applicable, a copy of resale license is required before close of sale.
Condition of Goods
Our catalog team takes pride in accurately describing and reporting conditions. All damages seen at time of listing
have been identified. Not all common nicks, scratches and wear may not have been noted. It is the bidder's
responsibility to determine overall condition before bidding on an item by live preview, looking at photographs, reading
descriptions or request of condition reports.
REWARD: A $200.00 reward will be paid to anyone who leads to the arrest and prosecution of any person caught
stealing, renumbering, or shuffling items from lot to lot; before, during or after the auction. Any and all theft will be
prosecuted to the full extent of the law.
PLEASE PLEASE - SHIPPING IS EXPENSIVE- IF OUT OF STATE KEEP IN MIND THE SIZE AND WEIGHT WHEN BIDDING - SHIPPING LARGE ITEMS OUT OF STATE IS EXPENSIVE. This is not a refundable reason.