GENERAL: THIS IS AN INTERNET-ONLY AUCTION. ITEMS WILL BE SOLD ON AN AS-IS BASIS WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER. ALL SALES ARE FINAL. SHIPPING: We are VERY experienced shippers. Items will be professionally packed for safe delivery. Shipping times are only 1-2 days longer than a typical shipping time on the mainland. Only lots marked "Shipping available" are guaranteed to be available for shipping only within the USA. TERMS AND CONDITIONS THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION), AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. AS SUCH, THESE TERMS AND CONDITIONS WILL BE SUBJECT TO THE LAWS OF THE STATE OF HAWAII. We may change these Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Estate Solutions Hawaii, LLC Websites. It is your responsibility to periodically check the Terms and Conditions. You will know if these Terms and Conditions have been revised since your last visit to the Digital Platforms by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS. Auction Terms and Conditions Definitions: The following “Terms and Conditions” are entered into by and between you and Estate Solutions Hawaii, LLC. (“Estate Solutions Hawaii, LLC,” or “Estate Solutions,” or “Estate Solutions Hawaii” or “the LLC” “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the Estate Solutions Hawaii website at https://estatesolutionshawaii.hibid.com/, the Estate Solutions Hawaii website at https://estatesolutionshawaii.com/, and the Estate Solutions page on Facebook at Estate Solutions Hawaii LLC, whether accessed through the Estate Solutions website (desktop or mobile) and/or Hibid (collectively, the “Digital Platforms”). General: THIS IS AN INTERNET ONLY AUCTION. ITEMS WILL BE SOLD ON AN AS-IS BASIS WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER. ALL SALES ARE FINAL. Please review all photos and descriptions or contact us for more information if you are unsure of the item condition. Auctioneers have limited ability for onsite inspections however we can accommodate on a very limited basis. Please contact the auctioneer to inquire. We are busy setting up the auction and have very limited availability. Electronic Communication: When you access or use the Digital Platforms, provide your e-mail address and/or phone number to Estate Solutions Hawaii, LLC, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically and/or by phone. We will communicate with you by e-mail or by phone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Registration: Bidders must enter a valid Visa, MasterCard or Discover card along with required contact information. There will be a $1.00 charge to your card for verification that will be refunded. THIS CARD WILL NOT BE CHARGED FOR PAYMENT! You must come in and or call during pick up hours to make payment. Bidders must be 18 years of age or older and are required to register for the auction. In registration, Bidders must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/username and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes the number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneer's sole discretion. Bidder registration is not transferable or assignable. BIDDING: Bidders must register to participate in the auction. Read the descriptions of each lot and view photographs carefully. Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. All items are sold "AS-IS WHERE IS AND WITH ALL FAULTS" this is an AUCTION, and all SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding. A maximum bid can be placed on property. A maximum bid is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final. Fees: Buyer’s Premium: There is a 17% buyer's premium. This means a 17% buyer's premium will be added to each purchase. If the winning bid is $100.00 you will be charged $117.00 plus tax upon invoicing at auction close. Sale’s Tax: A 4.712% GET sales tax added to all final bids. Credit Card Fee: Credit cards payments will have a 3% fee added to the total, to avoid the fee, pay cash. Warranties: ITEMS WILL BE SOLD ON AN AS-IS BASIS WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER. ALL SALES ARE FINAL. Please review all photos and descriptions or contact us for more information if you are unsure of the item's condition. Auctioneers have limited ability for onsite inspections however we can accommodate on a very limited basis. Please contact the auctioneer to inquire. We are busy setting up the auction and have very limited availability. WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. Estate Solutions Hawaii LLC. is not responsible for the use or misuse of items, infestation and pathogens, environmental harm or any injury or harm caused by items purchased. MAX BID/SOFT CLOSE: Estate Solutions Hawaii LLC. ONLINE AUCTIONS Feature "A MAX BID'' Option as well as a "SOFT CLOSE". "A MAX BID" may be placed on any item and the computer will bid on your behalf, thus eliminating the need to continually watch your bids. This option is highly recommended, so you do not miss out on an item you are bidding on. In the event you are out bid you will be notified via email or text that you have been outbid and will have the opportunity to raise your bid. "THE SOFT CLOSE" feature means any bid received in the final 2 minutes of the auction will automatically extend bidding on that item or lot by two minutes to allow another bidder the opportunity to raise their bid. Items will close when no bid is received in the final 2 minutes. BIDDING ERRORS: We will not reverse bids that have caused another bidder to be outbid. Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids before submitting. If you bid on the wrong item we will not reverse your bid. We will not reverse bids after the auction has begun to close, no exceptions. CUSTOMER COMMITMENT: We appreciate all of our customers and their continued business. If we have to move your items off premise the Buyer(s) will be responsible for paying our handling fees and they will be charged to the buyer. We want everyone involved to have a good experience and ask that all buyers abide by these terms and conditions. BIDDING PROCEDURE: If you are immediately outbid when you place your bids, then you are likely bidding against a maximum bid. Buyers use maximum bids as they have seen the convenience and do not risk missing the opportunity by placing only real time bids on items. So, we encourage all bidders to bid early and not wait until the end, as you could possibly miss out. AUCTION DESCRIPTION: Please inspect the lot numbers, review photos and read the descriptions. You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed. The photo may also depict other items that are not included. Always read the item description. Winning Buyer Notification: WINNING BIDDER NOTIFICATION: You will be contacted by email ONLY (you are responsible for checking your email). If you do not receive an email invoice, then you did not win any items at the online auction. NOTE: it takes time to process invoices so plan on up to 2 hours after auction close to receive your invoice. PAYMENT: Credit cards will be accepted for this auction. Your credit card on file will NOT be automatically charged upon the conclusion of the auction. Please call or come and pay within 48 hours of closing. Estate Solutions Hawaii, LLC. has the right to deactivate any bidder's account or cancel the bids of any bidder, for any reason, at their sole discretion. Closing: Please call or come and pay for your items after the auction ends The online auction closes at a rate of 1 item every 18 seconds. This feature works great with the auto-extend (soft close) feature to closely emulate a 'live' auction. If a bid is placed within the last two minutes of an item's closing time, that item will extend a full two minutes to allow a bidder that has been outbid the chance to bid again and will repeat until no bid has been placed within the last two minutes. If you have been outbid, you will be notified by email up to the time that the auction begins to "close". Pick-up Location: 79-7500 Mamalahoa Highway Kealakekua, HI, 96750. Pick-up: You are exclusively responsible for loading your own vehicle and taking the won items off property. Please be ready to pay upon arrival or if you paid over the phone please show your paid invoice. (Screenshot on phone is fine.) You may also send someone else to pick up your items if you let us know who will be coming and if they are able to show us the invoice. NON-DELIVERY: In the event an item is not available for pickup, the buyer must notify our onsite staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, the Auctioneer and buyer agrees that there is no grounds to claim non-delivery of item. SHIPPING: We are VERY experienced shippers. Items will be professionally packed for safe delivery. Shipping times are only 1-2 days longer than a typical shipping time on the mainland. Priority USPS/ FedEx and UPS typically deliver in 5 business days or less, depending on location. A priority USPS FedEx/UPS package shipped on a Monday will arrive on the East Coast by Friday or the following Monday and earlier the further west you live (CA buyers can see an item in 3-4 days). Buy with confidence your item or items will deliver safely and quickly. We will email tracking information when shipped. SHIPPING: SHIPPING AVAILABLE: Only lots marked "Shipping available" are guaranteed to be available for shipping only within the USA. Before bidding on items not marked "Shipping available" you must receive our permission via email or text that we will ship it. If you do not have approval and win a lot, we expect that you have someone locally to pick up the items. If not, we reserve the right to retain up to the full amount charged for the item. So please confirm shipping with us before bidding on items not marked "shipping available". There is a $5-$15 handling charge on most items we ship above the cost of postage. This fee is determined by size, complexity and packing materials required. Please inquire if you have questions. NO INTERNATIONAL SHIPPING. We use USPS Priority mail or UPS/FEDEX to ship most items. If you are interested in an item not marked "Shipping available", please contact us BEFORE placing a bid. If you have a UPS/FEDEX account, we can drop the items at UPS/FEDEX for you for a $5.00 handling charge. SHIPPING: Shipping services on items not marked "shipping available" are not guaranteed. We DO NOT bring furniture or large items back from remote locations unless specific arrangements have been made PRIOR to bidding. If you would like to arrange shipping on items not marked "shipping available", you must first call and get email confirmation that we will ship the item. Our shipping fees are $5 handling for items that fit in flat rate boxes or envelopes and up to $15 for handling items that require special packaging. This fee includes all materials needed to pack and drop items off to shippers. The handling fee is in addition to the actual shipping and insurance fees. If the item cost is more than $200 we require insurance for the item. You will receive an email with tracking information once your item has shipped. Shipping vehicles: Off island winning bidders of vehicles should expect a cost of approximately $1800 to the west coast and $2800 to the east coast for delivery. Buyer is responsible for arranging and paying for transport. This cost is in addition to the winning bid, buyer's premium and Hawaii GE Tax of 4.712%. VEHICLE INSPECTIONS: As a condition of referencing any inspection report provided, Bidders are responsible for their own physical inspection. Any documented inspection or description is opinion, not fact and does not constitute a warranty of any kind. REMOVAL: This is an ONLINE ONLY AUCTION. CONTACT US BEFORE BIDDING IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS DURING THE INDICATED REMOVAL TIME(S) UNLESS ITEM IS SHIPPING. NO REFUNDS OR CHARGEBACKS WILL BE GRANTED. After the scheduled removal, items left will be considered abandoned after 7 days. The amount of your purchase will possibly be surrendered as a removal fee up to the total amount of your purchase for disposal of your item(s). IN CASE OF AN EMERGENCY, please call Jeff @ 808-743-8977 to inform the auction company as any items you leave at the pick-up are considered abandoned and ownership reverts back to the Seller. PICKUP and REMOVAL of items won: Bidders are responsible for their own removal. The auction company staff does not provide moving services or tools. Please be prepared to move all of your purchases by yourself or bring your own help. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please make sure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location. Buyer authorizes Estate Solutions Hawaii LLC. to release buyer's assets to any individual in possession of the buyer's sales receipt. Bidder further agrees to be held personally responsible for all purchases made on their bidder number and agrees that bidder will not charge back items which are not picked up during the published removal times. Buyers may be required to produce ID for various security reasons. Please have your ID with you. All Buyers accept that pickup may be electronically recorded and monitored. Buyer Default: Non-payment will result in a $300 administrative fee + 17% buyer’s premium, after 14 days of non-communication. If a bidder(s) defaults at an auction, the auction company may, at its option, contact the backup bidder(s) for an offer but has no legal obligation to do so. DAMAGE: Any damage caused by a buyer during the preview, or during the period of removal is at the expense of the Buyer. Their information will be given to the Seller upon request, and they will be held liable for any damages. Once goods are accepted and removed by buyer or buyer's agent from premises there are no returns, refunds or recourse. 22. CHOOSE WISELY: We want everyone to get a good deal, and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our Seller(s) are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly. 23. RESERVE AUCTION: Most of Estate Solutions Hawaii LLC auctions are without "Reserve" auctions. But in the case that there is a Reserve, the auction company reserves the right to establish or change bidding increments, remove items from the auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an individual item and or auction event. Suspend or cancel the bidding of any buyer at any time. Change, modify, delete or add to descriptions, photos. Change auction closing time, inspection or removal times. Rescind the sale of any or all items regardless of high bid upon auction conclusion. Estate Solutions Hawaii LLC. permits the registration and bidding of any party as long as they meet the registration requirements and terms and conditions including sellers, members, owners, employees and associates of Estate Solutions Hawaii LLC. The auction company is not responsible for technical or communication problems, website outages, browser incompatibility or any connectivity issues. Items for sale by court ordered Bankruptcy are subject to the approval of the appointed Trustee and Bankruptcy Court. 24. LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price. 25. PRIVACY: Estate Solutions Hawaii LLC. will not sell bidders information. Bidders who register consent to be contacted or emailed auction notifications for all Estate Solutions Hawaii LLC. auction events. To be removed from our database, reply with "remove" in the subject line of the email. You do not need to subscribe to our email list if you are a registered bidder. If you wish to re- subscribe, simply enter your email into the "subscribe email field" at our website. NOTE: NEVER GIVE YOUR PASSWORD OR BIDDER NUMBER OUT TO ANYONE. IF YOU FORGET REGISTRATION INFORMATION, CLICK ON THE "REGISTER" TAB AND FOLLOW THE DIRECTIONS FOR A LOST BIDDER NUMBER OR PASSWORD. 26. LIMITATIONS: The above-stated terms and conditions of sale cannot be altered except in writing by the auction company. Terms and conditions may change from auction to auction and are agreed to electronically by bidders upon registration. Terms and conditions are designed as general guidelines and may not cover every possible scenario. Estate Solutions Hawaii LLC. is not responsible for the fraudulent or unauthorized use of your bidder number and bidding account. Bidders are responsible for the security of the same. If you feel someone may possess this information, it is suggested that you change your password immediately. Buyers agree that they have reviewed and agree to all terms and conditions of the auction. These terms and conditions constitute an enforceable and binding electronic agreement upon their electronic acceptance by the Bidder. 15. Dispute Resolution. EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS OF USE, ALL DISPUTES AND CLAIMS BETWEEN YOU AND ESTATE SOLUTIONS HAWAII THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS OF USE SHALL BE RESOLVED, AT THE FILING PARTY'S ELECTION, IN EITHER A SMALL CLAIMS COURT OR BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK. ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH YOU AND ESTATE SOLUTIONS HAWAII AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS. YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND SOTHEBY’S SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW. YOU UNDERSTAND THAT YOU AND ESTATE SOLUTIONS HAWAII ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY. Last Modified - March 2, 2023