Lot # : 98 - Franciscan Apple 5 Piece Place Setting

TERMS AND CONDITIONS CHECKERED FLAG PROPERTIES, LLC, doing business as, ESTATE SALE AND AUCTION EXPERTS WELCOMES YOU TO ESTATESALESEXPERTS.COM. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE ("Agreement"). BY ACESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE, REGISTER OR BID. As used in this Agreement, the term "lot" shall mean an individual object or group of objects, in Auctioneer's sole and absolute discretion, offered for sale at auction as a single unit. 1. REGRISTRATION: To gain access to this online auction, you will need to register and create a user name and password. You must be eighteen (18) years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during or prior to the registration process. 2. DISCLAIMER: You expressly agree that use of this website is at your sole risk. Neither Auctioneer, its affiliates, nor any of their officers, directors, employees, agents, contractors, third-party content providers, or licensors, or the like, warrant that this site will be uninterrupted or error free. All lots are sold "AS-IS, WHERE IS", will all faults, imperfections and errors. The Auctioneer and the seller (s) do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. The Auctioneer encourages all bidders to inspect lots in person before bidding. Estate Auction Experts has put forth every effort in preparing the catalog for every auction to provide accurate descriptions of all items, however, it is the bidders responsibility to determine the condition and suitability of each lot. Due diligence is the responsibility of the bidder. Printed statements or descriptions by the staff are provided in good faith and are matters of opinion. Any bidder's failure to inspect, or to be fully informed on the quality or condition will NOT constitute grounds for any claim, adjustment, refund, termination of the purchase contract, or refusal to close the sale. If you are unsure about any of the Terms and Conditions, bidding, or how to bid: IF YOU ARE IN ANY WAY UNSURE AS TO ANY AND ALL MATTER HEREIN, ESTATE AUCTION EXPERTS URGES YOU NOT TO BID. THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. AUCTIONEER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE LOTS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. a. Photographs and Descriptions: The Auctioneer regularly posts item descriptions to the best of their knowledge and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. b. Bid Wisely: We want everyone to be pleased with their purchases. When you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim or chargeback against the Auctioneer. Preview of items can be done by appointment only. Requesting additional photos or information can be done by email only at info@estatesaleexperts.com. 3. CONDUCT OF ONLINE AUCTION: Conduct of this online auction and increments of bidding are at the direction and discretion of The Auctioneer. The Auctioneer reserves the right to reject any and all bids for any reason and also reserves the right to cancel this online auction, or remove any items or lot from this online auction prior to the close of bidding. AUCTIONEER ACTS ONLY AS AGENTS FOR THE SELLER. Some items may have reserves that may or may not be noted. All decisions of Auctioneer are final. All bids in this online auction will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer. 4. MAX BID: When you place your maximum bid, the current bid price does not automatically jump to your max bid. Your bid will go to the next highest increment and will be increased as other people bid against you. The computer will automatically bid up to your max bid in the increments specified. By placing any bids, you have agreed by legal contract that your bid or max bid is what you are willing to pay for that specific lot(s) and may have to pay full bid or max bid amount of any fids placed. The bidder agrees and is responsible for every bid amount placed. Remember, Estate Auction Experts, or anybody for that matter can force you to place any bid, you and you alone are responsible for your actions. Please bid accordingly. a. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email, if you have chosen this option when you registered. 5. CHOOSE WISLEY: When you bid on the wrong items or decide an item is not suited for your intended use, or clients are not willing to assume the cost of your mistake. When in doubt about condition, completeness or suitability for intended use please bid accordingly. 6. BUYERS PREMIUM AND SALES TAX: Unless a specific online auction states otherwise, a 18% buyer's premium will be charged on all items and lots. Every bidder pays the same buyer's premium and should bid accordingly. For example, if you bid $100 on an item in the online auction, you will be charged $118.00 for that item or lot on your auction invoice. 6% Michigan Sales Tax will be added to all invoices. (Coins & Currency or Sales Tax Exempt). If a bidder is exempt from sales tax, they must email documentation to info@extatesaleexperts.com prior to online auction closing. 7. FIREARMS: Transfer of all firearms will be completed through Estate Sale and Auction Experts. Bidders must be at least 18 years of age to bid on long guns (and 21 years of age to bid on handguns). "long guns" shall be an firearm with a barrel length of at least 18 inches and overall length of at least 26 inches. All applicable gun laws will be observed. All buyers will fill out a form 4473, show valid ID and FBI background check will be performed before possession of firearm(s) will be transferred to the bidder/buyer. If buyer is unable to take possession of the firearm, a 20% restocking fee will be assessed on the winning bid and the buyer's premium forfeited. Winning bidders need to bring a case or container for your firearm as it is required per Michigan Law to carry out of the facility. If firearm is not sold with a case and the buyer does not bring a case or container there will be a $5 cost to buyer for gun box. a. By purchasing through this online auction, you agree to follow all manufacturer's safety instruction and to only use the firearms in a safe manner in an approved area for legal purpose. b. Winning bidder assumes all responsibility for the legality of a specific item when it is purchased and is responsible for checking all local laws before bidding on or using an item sold here. Winning bidder is responsible for complying with all firearms laws in your area. c. Requirements for Purchase: 1. 18 years of age or older to bid on this online auction 2. 18 years of age or older to purchase long guns and long gun ammo 3. 21 years of age or older to bid on or purchase a handgun and any ammo that can be used in a handgun 4. Purchase permit or dealer's license is not required 5. Buyer will be required to pass a National Instant Criminal Background Check. Valid CPL holder are also required to pass this Background check. 6. For Buyers outside of Michigan: a. Rifles are required to be shipped to an Federal Firearms License dealer in your state b. Handguns are required to be shipped to an Federal Firearms License dealer in your state for pick up d. Shipping of Firearms: Shipping cost if based on size, weight and material. 1. All firearms must be shipped to an FFL (Federal Firearm Licensee) of the buyer's choosing, FFL's are easy to find (most gun shops will do this for you) and most charge a nominal fee for this service. The receiving FFL will then perform the transfer of the firearm to the buyer including any required background checks, the buyer is responsible for any fees assessed by his/her FFL. 8. ONLINE AUCTION ENDING: Beginning at the stated closing time, the auction software will conclude bidding for one lot every 10 - 13 seconds depending on the online auction. If a bid is placed in the last few seconds the software will automatically extend bidding by 1 minute. Some lots may be linked together so that a bid on one lot will extend the time on all linked lots. As soon as the online auction ends, winning bidder credit cards will be processed and all winning bidders will receive an email with an invoice attached showing "Paid in Full or Unpaid". This email notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for entering a correct email and for checking your email following the close of the online auction to determine what items you have one. If you do not see the email, please check your junk or spam folders. a. If your bid is determined to be the winning bid, you become obligated to pay for the items (s) that you have won at the price you gave as your bid. If you believe that you placed a winning bid, but do not receive an email, you must contact the Auctioneer by calling 248-987-0030 by 10:00 am (Eastern Time) the day after the online auction ends. b. Credit Card: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that has sufficient credit available to pay for all of your purchases at the moment the auction closes. If you choose to pay cash, you must notify the Auctioneer before auction closes. In order for the Auctioneer to process your winning bid, we must have a valid/working Visa, MasterCard, Discover Card, associated with your account with sufficient funds available to cover your purchases. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide a credit card with insufficient funds or a non-valid credit card. Wire Transfer or Vemno may be required for payment at our discretion. c. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change. You will need to update profile before registering for any future auctions. You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@estatesaleesperts.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number. d. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in these Terms and Conditions. e. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price. 9. PICKING UP YOUR ITEMS: You are solely responsible for the safe removal of any items you may win at this online auction by appointment during the posted pick-up dates and times. If you are unable to safely pick up and remove your items during the pickup times that have been published for this sale, PLEASE DO NOT BID. a. Shipping of your items: Auctioneer will ship at bidders' expense items marked "Shipping Available". Items not marked "Shipping Available" and not picked up will be consider abandoned and a fee of $10 per lot on smalls and $100 per lot on furniture, large and heavy items will be charged to winning bidder. Auctioneer does not hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times. b. Bidder's Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause. c. Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. d. Abandonment: You understand and agree that any item that you do not pick up during the published pick-up times will be considered abandoned. You understand that any part of a lot you do not want shipped with be considered abandoned. You understand and agree that an abandoned fee will be charged $10 per lot for small item lots and $100 per lot for furniture, large and heavy lots. e. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. 10. CLAIMS AND CHOICE OF VENUE: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Northville, MI Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Northville, MI. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs. 11. INTERIM OR PRELIMINARY RELIEF: Notwithstanding the contents of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pended arbitration or litigation. 12. LIABILITY: In all cases, the Auctioneer's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. Furthermore, you agree that Auctioneer and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Auctioneer or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, or interruption of business), arising out of or in any way related to the materials, lots, content, or information on this site or any other products, services, or information offered, sold or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this Agreement, regardless of whether Auctioneer or any of its providers have been advised of the possibility of such damages. a. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. b. No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction. 13. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. 14. LIMITATIONS: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer. 15. HYPERLINK DISCLAIMERS: As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Auctioneer. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Auctioneer. Auctioneer does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Auctioneer. Links do not imply that Auctioneer or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Auctioneer or any of its affiliates or subsidiaries. Except for links to information authored by Auctioneer, Auctioneer is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Auctioneer reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them. 16.TERM AND TERMINATION: Without limiting its other remedies, Auctioneer may immediately discontinue, suspend, terminate, or block you and any user's access to this site at any time and in our sole and absolute discretion. 17. SEVERABILITY: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. 18. GOVERNING LAW: These Terms and Conditions will be governed by and construed under the laws of the State of Michigan, without reference to its conflict-of-law provisions. Auctioneer makes no representation that the lot are appropriate or available for use outside the United States. If you access this site form outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. 19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between Auctioneer and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Auctioneer with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 20. MODIFICATIONS TO AGREEMENT: We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Auctioneer does not and will not assume any obligation to notify you of changes to this Agreement. 21. Electronic Communication and Signatures: You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Auctioneer solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.