Conditions of Sale
All sales are final and all property is sold "As is, Where is." It is the bidder's responsibility to determine condition and usefulness of the items purchased. We attempt to describe all these items to try to give you a visual of the item you are bidding on. We describe them to the best of our ability and many times rely on information from the consignor that is given to us.
Buyers Premium:
Buyers Premiums are a flat 18% to all buyers no matter the form of payment. A 18% buyers premium will be added to all invoices. Buyers that fail to pick up OR REQUIRE SHIPPING will be charged the full price of their purchases via their credit card plus the 18% buyers premium and a $30 no show fee for late pick-ups. A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agree to be bound by them. In the event of non-payment during posted pickup days, we reserve the right to charge the outstanding invoice balance to the credit card you provided upon registration. We do not accept checks or cashier checks. All credit card and cash payments shall be processed by Affiliate.
Authenticity
Though all descriptions are believed to be correct, neither auction house nor seller makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc.
Auction
The Auction house owners, employees and consignors reserve the right to bid on any items in auction. Persons attending preview or auction during removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefore. Neither auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals.
Pickup Times
Pickup days and times shall be posted under Auction Details on the website. Pick up times are firm unless extenuating circumstances warrant i.e., acts of nature, etc. UNLESS PRIOR ARRANGEMENTS ARE AGREED UPON, we reserve the right to charge storage fees for items NOT PICKED UP during our posted pick up times, as well as charge the outstanding invoice balance to the credit card you provided upon registration. In addition to the invoice total, there will be a $30 handling fee charged to the credit card on file for items not picked up . These items will be forfeited after 3 days if not picked up.
**ATTENTION SHIP / HOLD CUSTOMERS:
***A $25.00 CHARGE IS APPLIED TO ALL INVOICES REQUIRING ITEMS TO BE BROUGHT BACK TO OUR WAREHOUSE FOR PICK UP AT A LATER DATE. ONLY SMALL ITEMS CAN BE BROUGHT BACK. No Exceptions!!
Bidwells will not under any circumstances be responsible for lost, broken, stolen or damaged shipments. It is the sole responsibility of the bidder to file any and all claims relating to shipped merchandise. Shipping charges are based on a 12x12x8 box. Each 12x12x8 box size is a $10 packing charge. Any glass item shipped is a minimum $20 packing charge.
Governing Law
The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Dallas County courts and the Northern District of Texas. Privacy Policy Included in these terms and conditions is the privacy policy as outlined on the Whiz-ban website.
Indemnification
Buyer shall indemnify Whiz-bang and it's affiliates against any claims, damages, or liability (including reasonable attorney's fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. Buyer agrees to indemnify Whiz-bang and it's affiliates for any damages or losses. Buyer will not hold Whiz-bang, it's owners, affiliates or its employees, liable for accidents, injury, theft, or incidents related to this purchase.
Intellectual Property
By submitting any images to Whiz-bang for the purpose of sale, marketing, or any use on our website, you grant Whiz-bang world wide non-exclusive license to use the image on any and all marketing collateral digital, printer or otherwise.
Trademarks
All trademarks, service marks, and copyrights owned by Whiz-bang shall not be used without written permission. This includes the name Whiz-bang, Dallas Online Liquidations, any and all website URL addresses and abbreviations of such.
AuctionFlex
AuctionFlex sets up each user on this website and collects all user information. Whiz-bang does not have access to user names and passwords. AuctionFlex does provide Whiz-bang with use name, contact information and credit card information provided during the registration processes. User information will not be sold to any third party advertisers by Whiz-bang.