The Auction will be conducted online at www.melnicknewell.hibid.com. The Listed Items will be offered for sale in individual lots (the "Individual Lots") with the highest bids placed in reserve. The manner of sale that generates the highest return to the Seller will be selected. Bidding will begin closing on Monday, January 8, 2024, at 11:00 AM (EST) and will continue will closing every 15 seconds until all bidding on the Lots has concluded. (The Auctioneer may utilize extended bidding/Soft Close - if bids come in on a Listed Item at the last minute, the bidding on that Listed Item will be extended for two (2) minutes, and once all bidding has stopped, the Listed Item will be sold to the highest bidder. The Seller and the Auctioneer reserve the right to offer the Listed Items in any combination. The Seller and the Auctioneer also reserve the right to reject any and all bids, to withdraw any Listed Item(s) from sale, and to extend the time for closing, if applicable.
The Listed Item(s) will be sold: (a) in an "AS IS WHERE IS CONDITION AND WITH ALL FAULTS"; (b) WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY TYPE, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, WARRANTIES OF TITLE, POSSESSION, QUIET ENJOYMENT AND THE LIKE); Any information regarding the Listed Items provided by the Seller or the Auctioneer is for convenience only. The Seller and the Auctioneer expressly disclaim the accuracy of any and all information concerning the Listed Item(s), such as make, age, condition, model numbers, quantities, capacities, etc. All bidders shall be responsible to inspect, research, ascertain and confirm the condition and status of the Listed Item(s) prior to bidding thereon.
A bidder that registers for the Auction and submits a winning bid to purchase any Listed Item (the "Purchaser") shall be obligated to pay the full purchase price (the "Purchase Price") for such Listed Item(s) plus a buyer's premium equal to (a) 18.50% of the Purchase Price if paying by credit card, or (b) 15.00% of the Purchase Price if paying by cash or certified check (the "Buyer's Premium"). The BUYER'S PREMIUM will be applied to ALL PURCHASES. All bidders shall be deemed to know and understand their bid(s) and bid amount(s) at the time they submit each such bid and bid amount for any Listed Item(s). Bid retractions or cancelations will not be accepted. ALL BIDS ARE FINAL. NO EXCEPTIONS. The buyer must pay Maryland sales tax unless exemption is allowed under the laws regulating such tax. All buyers with out of state sales tax numbers must complete a blanket certificate and provide a copy of that state's retail tax-exempt certificate. You must inform the Auction firm that you are out of state or tax exempt by the conclusion of the sale. By registering as a bidder for the Auction, you hereby waive, release and relinquish any rights to credit card charge backs. All sales are final, and the highest (winning) bidder has no right of rescission and no refund rights or exchange rights. In the event that the winning bidder is unable to pay in full per the terms and conditions of the sale, the item will be awarded to the next highest bidder. You also hereby acknowledge and agree that the Seller and the Auctioneer are not responsible for any computer problem, telephone problem, server/network problem or internet lag or refresh problem that may occur on your computer, phone or other electronic devices during the Auction.
The Purchaser of any Listed Item(s) shall pay the Purchase Price and the Buyer's Premium (collectively, the "Purchase Payment") to the Auctioneer, in full, via credit card, cash or cashier's check. Cashier's Checks to be made payable to, Jonathan Melnick Auctioneers, Inc. Time is of the essence. ALL CREDIT CARDS USED TO REGISTER FOR THE AUCTION WILL BE CHARGED AFTER THE AUCTION HAS CONCLUDED. IF YOU ARE PLANNING TO PAY BY CASH, CERTIFIED CHECK OR USE A DIFFERENT CREDIT CARD YOU USED TO REGISTER WITH, YOU MUST INFORM THE AUCTION COMPANY WHEN YOU REGISTER FOR THE AUCTION. THIS REQUEST MUST BE IN WRITING TO: marie@melnicknewell.com. If you are paying by cash (exact change) or certified check, the payment may be brought when you come to pick up your winning lots. NO LOTS MAY BE REMOVED WITHOUT FULL PAYMENT. The Purchaser will receive an email invoice after the Auctioneer receives and verifies the Purchase Payment. The Listed Item(s) purchased at the Auction shall be picked up and removed from the Premises by the Purchaser(s), at their own expense, on the dates and times listed below (or such other date(s) and time(s) selected by the Auctioneer in consultation with the owner of the Premises) (the "Removal Dates"):
January 8, 2024-January 12, 2024 between 10am-4pm
No Listed Item(s) may be removed from the Premises until the Auctioneer has received and verified the Purchase Price for such Listed Item(s). Removal of the Listed Item(s) shall be at the sole expense, risk and liability of the Purchaser(s). To make special arrangements for pickup and removal of any sold Listed Item(s), please call the Auctioneer at (410) 366-5555.
The Seller and the Auctioneer shall have no liability to the Purchaser(s) or any other person or entity for any suits, claims, losses or damages arising out of removal of any Listed Item(s) from the Premises. The Purchaser(s) shall indemnify, defend and hold harmless the Seller and the Auctioneer for any suit, claim, losses, damages or other liability arising out of, in connection with, or due to the removal of the Listed Item(s) from the Premises. Furthermore, the Seller and the Auctioneer shall not be responsible or liable for any Listed Item(s) that remain at the Premises after the Removal Dates (the "Remaining Item(s)"), and if not so removed from the Premises by the applicable Purchaser(s), the Remaining Item(s) may be: (a) deemed abandoned by Seller or Auctioneer; or (b) resold at public or private sale without further notice by the Seller and the Auctioneer at the Purchaser(s)' risk and expense and, in such event, the defaulting Purchaser(s) shall be liable for the payment of any deficiency in the Purchase Price sustained by the Seller, all costs and expenses of both sales, actual attorneys' fees incurred by the Seller, and any other damages sustained by the Seller, including, without limitation, all incidental damages. The parties' respective rights and obligations regarding the terms of Auction and the conduct of the Auction shall be governed by and interpreted according to the laws of the State of Maryland.
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