By receiving a bidder number at time of registration, the bidder/buyer is indicating that they read and understand the following terms and conditions. THE BIDDER/BUYER AGREES TO BE RESPONSIBLE AND PAY FOR ALL PURCHASES.
Return Policy
All items are sold in “as is, where is” condition.
Weight, size, estimated value, origin, grade, quality, age, condition, rarity, and importance are not guaranteed or implied for any item. It is the bidder’s responsibility to inspect all items to verify key elements including working condition, damage, and authenticity. Items will not be refunded due to differing Authenticators and Authentication opinions.
All sales are final. No returns will be accepted.
Once the item has been sold, it is the responsibility of the bidder/buyer to ensure its safety and condition. The bidder/buyer is responsible for payment once the sale is final and is advised to guard against loss, theft, or damage.
Agreement to Pay
You must be registered to bid on items. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount. If you are outbid, you are under no obligation to buy. In all other cases, you are entering into an agreement to buy the item, and to deliver payment by close of auction. If you cannot pay by close of auction, do not bid. Your bids are final and non-retractable.
Bidder Registration
All persons who wish to bid in the auction must register by completing requested information on the bidder card. By accepting a bidder number, you acknowledge that you are binding yourself to this agreement.
Take Heart Estates & 1st Ave Flea & Auction reserve the right to refuse to register or admit any person at its sole discretion. Bidders must have a valid driver’s license and may be asked to show it upon registration or check-out.
Take Heart Estates & 1st Ave Flea & Auction reserve the right to request a deposit at any time (both prior and during the auction) as an indication of intent to pay.
The Bidder shall be responsible for protecting their bidder card and is responsible for any winning bids attributed to their bidder number.
Lots and Starting Bids
Take Heart Estates & 1st Ave Flea & Auction will predetermine the number of Item(s) in the auction and for the sake of convenience, may put numbers indicating the intended order of the auction. The auctioneer may change the indicated order as needed and at their discretion. Within the flow of the auction, Take Heart Estates & 1st Ave Flea & Auction may combine, subdivide, regroup or reorganize any lots at its discretion.
Withdrawing Items: Although not common, Take Heart Estates & 1st Ave Flea & Auction maintains the right to withdraw any property before and during the sale of such property at its sole and complete discretion, to ensure reasons of fairness and to protect the client.
Bidders are not allowed to reorganize lots and if discovered, may be asked to leave the auction, and may not be permitted to participate in any future auctions. Any effort by a bidder that is perceived as sabotaging the auction process is cause to be asked to leave the auction and person may not be permitted to participate in any future auctions.
On occasion, bidders may elect to “pull” a single item off of a larger lot for bidding. Because this practice slows the auction, the auctioneer may establish a higher opening bid.
The auctioneer will set the starting bid on each item. The starting bid is designed to encourage bidding.
Bidding
Take Heart Estates & 1st Ave Flea & Auction disclaim any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted.
Bidders should be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Take Heart Estates & 1st Ave Flea & Auction reserve the right to accept or reject any and all bids or bidders.
Disputes: The sale of a lot or item is complete when Take Heart Estates & 1st Ave Flea & Auction and its auctioneer so announces. Take Heart Estates & 1st Ave Flea & Auction, via the auctioneer, holds final authority on the winning bid and bidding number.
Acceptance of Terms: A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
Payment
Payment in full must be paid by Buyer in the form of cash, major credit card, and check (with qualifications) prior to any item being removed from the auction.
Applicable taxes will be added to the total owed (unless such taxes are exempted by law in which proof of exemption must be provided and kept on file.)
Take Heart Estates & 1st Ave Flea & Auction charges an 8% buyer’s premium. Convenience fees related to using a credit card may apply.
Take Heart Estates & 1st Ave Flea & Auction reserves the right to hold access to items until payment has cleared. This may include holding the title, keys, or keeping the property onsite until the bank can verify that payment is finalized.
If any Bidder/Buyer does not pay Take Heart Estates & 1st Ave Flea & Auction for any Item(s) within forty-eight (48) hours after the end of an Auction, Take Heart Estates & 1st Ave Flea & Auction has the right to sell the items in another format.
Failure to fulfill Buyer’s payment obligations will affect future bidding privileges.
Pick-Up
Take Heart Estates & 1st Ave Flea & Auction will pre-determine and advertise the pick-up window for each auction, based on the factors like access to the property, security, and agreements with seller. Unclaimed items that remain after the pick-up window are considered abandoned and Take Heart Estates & 1st Ave Flea & Auction may do with them as they see fit.
Shipping
At this time, shipping is not available. All items are available for local pickup during the pick-up window or by special appointment.
Breach of Contract
If this Agreement, or any terms and conditions announced by Take Heart Estates & 1st Ave Flea & Auction, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Take Heart Estates & 1st Ave Flea & Auction may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. Take Heart Estates & 1st Ave Flea & Auction commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
Limitation of Liability
IN NO EVENT SHALL Take Heart Estates & 1st Ave Flea & Auction BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF.
Take Heart Estates & 1st Ave Flea & Auction LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE AND TAXES PAID BY BIDDER, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
Severability
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto as indicated by receiving a Bidder Card for an auction.
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