Terms and Conditions Of Sale:
All sales are final and all property is sold “As is, Where is.” It is the bidder’s responsibility to determine the 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. Electronic items with standard power cords may be tested for power only, but no further tests are made unless otherwise noted in the lot description. We do not offer warranties or refunds.
Auction:
The Auction house owners, employees, and consignors reserve the right to bid on any items in the auction. Persons attending preview or auction during the 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, the 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.
Bidding:
A bid by any person shall be conclusive proof that the person has made themselves acquainted with these conditions of sale and has agreed 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. Failure to honor your bid may result in loss of bidding privileges.
Authenticity:
Though all descriptions are believed to be correct, neither the 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.
Buyers Premium:
We charge a 18% buyers premium.
Payment/Pickup:
Invoice payment is due on the published pickup date. If you are unable to make it to pick up your items on pickup day, you may reschedule pickup at the auctioneer’s discretion based on availability and the nature of the pickup location. Please contact the auctioneer ahead of the auction closing to arrange an alternative pickup. There will be a $25 rescheduling fee plus a $15 per day storage charge until items are picked up. Items stored 5 days after auction pickup will be considered forfeited and will be re-auctioned. We will not hold items if the invoice remains unpaid.
Sales Tax:
Texas state and local taxes are applied. Tax-exempt purchasers must provide all appropriate tax exemption paperwork by email at auction@hamiltondaniel.com prior to auction close.
Shipping:
Shipping is offered on select lots. No international shipping is offered, shipping is only provided to the lower 48 states. Please email us at auction@hamiltondaniel.com for a shipping estimate. Include your name, address, and the lots you’re interested in. A handling fee of $5, $15, or $25 denoted as "Small", "Medium", or "Large" shipping in the description is charged per lot plus the cost of shipping. Multiple "Small" lots will only incur $1 extra after the first (i.e. 3 small lots would incur a $7 handling charge of $5+$1+$1=$7). Shipping will be consolidated as much as possible to reduce shipping costs. Allow 5 days for your items to be shipped.
REGISTRATION:
All persons desiring to bid must register for the auction. Registration will place a temporary $1 on the card used. A valid credit or debit card number is required as a security measure, and it should be in the bidder's name. This is the card that will be charged after the auction closes. This is an online-only auction. Some lots may have extended bidding, and this scenario applies to all online auction lots. Posted closing times and displays of the auction's current time are approximate. By registering for our auctions, you are opting into our email and text reminders. To unsubscribe opt-out. READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE OR BY PARTICIPATING IN THE ONLINE AUCTION, YOU AGREE TO THESE TERMS AND CONDITIONS AND MAKE REPRESENTATIONS AS SET OUT HEREIN. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY OF THEM, Hamilton Daniel, LLC, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES OR THE OWNER/SELLER MAY SEEK LEGAL PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY THE OWNER/SELLER AND AUCTION COMPANY.
Indemnification:
Buyer shall indemnify Hamilton Daniel, LLC 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 Hamilton Daniel, LLC for any damages or losses. Buyer will not hold Hamilton Daniel, LLC, its owners, affiliates, or its employees, liable for accidents, injury, theft, or incidents related to this purchase.
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