Auction Terms & Conditions Contract All funds are in USD (US Dollars) The auctioneer is the legal representative of Oakwood Auctions. As such, the Auctioneer's decisions during a live auction are without dispute and are final. Oakwood Auctions reserves the right to reject any bid for any reason whatsoever. If there is a dispute between bidders or the validity of a bid, Oakwood Auctions will make the final determination. If a winning bid is not paid in full in the designated amount of time, Oakwood Auctions can, at their discretion, re-auction the item and the delinquent bidder will be invoiced for any shortfall of said item. The bidder must understand and adhere to the "Conditions of Sale" and "Terms and Conditions" prior to placing any bids. Conditions of Sale 1. Each lot sold will have a buyer's premium of 20% added to the hammer price (winning bid), resulting in the total purchase price. 2. Canadian bidders are required to pay their respective provincial sales tax. 3. Oakwood Auctions reserves the right to cancel, combine, or separate a collection of lots without prior notice. 4. Bids will be accepted at the sole discretion of the auctioneer. 5. The auctioneer may bid on behalf of the consignor as authorized. The auctioneer may also accept telephone bids and absentee bids. 6. Full risk and responsibility will be placed on the winning bidder with regard to payment and shipping. Said bidder must adhere to all terms, conditions and applicable laws. 7. The winning bidder is responsible for making payment to Oakwood Auctions along with any arrangement(s) relating to procurement of winning lot(s), satisfactory to Oakwood Auction's terms and conditions. Any other arrangements regarding payment approved by Oakwood Auctions must be in writing from an Oakwood Auctions representative. 8. Winning bidders must make payment within 48 hours from the date of receiving the invoice. If this condition is not met, a charge of $15.00 USD per diem will be incurred by the winning bidder. The lot will become the property of the winning bidder only after full payment is received and shipping/procurement arrangements have been established to the satisfaction of Oakwood Auctions. 9. Once the auction closes, lots which have been won will be stored at Oakwood Auctions facilities at the sole risk of the winning bidder, until paid in full and shipping/procurement arrangements (satisfactory to Oakwood Auctions in writing) have been made. 10. All lots are sold "as-is" and do not come with any warrantees or guarantees of any kind. Oakwood Auctions strives to provide the most accurate descriptions possible and does not intend to mislead, misrepresent, or falsify any descriptions, dimensions, weights, sizes, edition sizes, authenticity, and/or rarity. 11. Payments may be made in cash, by credit card or cheque (pursuant to clearing), or via e-transfer, bank draft or PayPal. Accepted credit cards are Visa, Mastercard and Amex. 12. Failure to pay in full for winning lots can result in legal actions taken against the winning bidder. Actions may include (but are not limited to) removing the delinquent bidder from the approved bidder list, re-auctioning the lot item(s) and taking legal action against the delinquent bidder who would be responsible for any shortfall and accrued storage or legal fees associated with that lot. Shipping All fees and costs associated with shipping are separate from the hammer price (winning bid), buyer's premium and sales taxes. Shipping and insurance can be arranged through our preferred courier, PakShip, at 905-470-6874. All shipping and handling charges will be billed through the courier. Local pickup is also available within 5 business days of payment in full. Alternatively, winning bidders can arrange their own shipping if cleared by Oakwood Auctions. The winning bidder is responsible for understanding the import fees and import laws of their respective province/state/country. It is also the bidder's responsibility to obtain any and all import documentation (import/export licenses, certificates or other documentation) prior to bidding. Oakwood Auctions will not be responsible for bids placed on an item which is restricted in the aforementioned bidder's country. In such cases, the winning bidder will still be responsible for payment within 2 business days of receiving the invoice. Oakwood Auctions is more than happy to help bidders obtain an estimate on duties and taxes but these are just estimates; we cannot guarantee nor be held liable for the accuracy of said estimates. Oakwood Auctions is not responsible for damaged, lost or stolen merchandise while in transit. Oakwood Auctions reserves the right to ship parcels via our own in-house shipping methods, based on actual weight or dimensional weight (whichever is greater). If your item has not been shipped or picked up within 5 business days of the auction conclusion, a storage fee will be charged per item at a rate of $15.00 USD per diem. Condition Disclaimer 1. Oakwood Auctions strives to provide the most accurate descriptions possible and does not intend to mislead, misrepresent, or falsify any descriptions, dimensions, weights, sizes, edition sizes, authenticity, and/or rarity. Therefore, no refunds will be issued if, in the winning bidder's opinion, the lot is not in the exact condition specified. Bidders are encouraged to request more information on the lots they are interested in before bidding. 2. Lots are sold on an "as-is" basis with no implied warranties or guarantees. 3. Technical errors with the website or platform will not be considered the fault of Oakwood Auction. Oakwood Auctions will not be responsible for said errors. Other 1. Oakwood Auctions holds all copyrights on all content, information, or graphics used in our auctions. As such, any unauthorized copying, distribution or use of said materials is strictly prohibited. 2. Oakwood Auctions reserves the right, at any time, and solely at its discretion, to revoke a bid if it deems the bidder's actions are unwarranted or violate any laws applicable. 3. Oakwood Auctions will not be held responsible or liable for any disputes regarding description, size, weight or dimensions of any particular lot. Oakwood Auctions will always strive to obtain and provide the most accurate information possible. Oakwood Auctions will always respond to inquiries regarding its auction lots up to and including the day of the auction. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.