Lot # : 1000D - TEXAS SALES TAX:

TV Series Post Production - Online Auction Auction Site: Austin Studios, Stage 5, 2001 E. 51st St., Austin, TX 78723 AGREEMENT BETWEEN BIDDER AND AUCTIONEER / SELLER AKA TERMS AND CONDITIONS READ CAREFULLY AND COMPLETELY AS ALL AUCTIONS ARE DIFFERENT These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-six numbered paragraphs that outline the relationship between you ("the Bidder") and Jones Swenson Auction Marketing, Inc. dba Jones Swenson Auctions ("Auctioneer") and Eye Productions Inc. (Seller) If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer / Seller, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale. Please make sure you register with a good cell number. Auctioneer must be able to reach bidders by phone on the day the auction closes to arrange payment. A bidder using a non-working phone will be assumed to be acting fraudulently. "Quantity Times The Bid": Some items in this auction are being sold "Quantity Times the Bid", which is bid price times the quantity. The software will do the math for you, but be sure to pay attention and read the info on the bidding page. Inspection / Preview time: Saturday July 13th, 2024 from 10:00 AM - 2:00 PM CT only. 1. The public is invited to this Online Auction. By registering to bid in this auction, you acknowledge and agree to these terms and conditions. Lots begin closing in numerical order at 9:00 AM CT on Monday July 15th and on Tuesday July 16th, 2024 and will close one lot every 20 seconds, with extended bidding in effect. Bidders must provide a valid credit card to register to bid online. 2. Payment - Payment for each of the two auctions, can be made by wire transfer, Bank ACH transfer, cashier's check or by cash. Texas residents with invoices under $2,000 may pay by VISA, MC, Discover as well. Payment must be received by 2:00 PM CT July 17th, 2024 unless you plan to pay with cash. Payment by cash must be made at the auction site on the first day of removal: July 18th, 2024 only. Texas Resident's with invoices under $2,000 will have their credit card run, one hour after the auction ends unless they have notified the Auctioneer's office of another form of payment (Call 512-261-3838 or Info@JonesSwenson). If buyer's credit card is declined and they cannot be reached by cell phone or do not return calls by the end of the day, Auctioneer reserves the right to declare the bidder in default of this contract and resell the bidder's lots without notice. BRING YOUR PAID RECEIPT WITH YOU TO PICK-UP YOUR PURCHASES. Buyers should be available by cell phone (or other phone number provided at registration). A paid invoice will be required to remove purchases. No items may be removed until payment is made in full. 2 a. False Bids: Any High Bidder that fails to complete a transaction will be held responsible for all damages resulting from that action. High Bidder understands and agrees that they will be personally responsible for all deficiencies - and all legal, collection, transportation, and storage expenses - associated with their delinquent account and/or abandoned items. In the event of resale, high bidder agrees to pay any cost associated with the resale as well as any deficiency between the original purchase price and the resale price. 3. Buyer's Premium: A 15% Buyers' Premium will be added to each item purchased and paid for by wire transfer, ACH or electronic transfer, cashier's check or cash. An 18.5% buyer's premium will be charged on payments made by credit card (on invoices under $2,000). 4. Texas Sales tax will be charged unless the buyer has provided a signed Sales Tax Resale Certificate or Exemption Certificate for this auction. Prospective buyers MUST fax or email their signed resale form prior to the end of the auction to (512) 261-9886 or info@JonesSwenson.com. NOTE: Texas Law requires the sales tax to be collected on the total price which includes the buyer's premium. 5. Removal: Thursday July 18th, Friday July 19th, and Saturday July 20th, 2024 only. Removal is by appointment only. If you cannot remove your purchases on these dates, please do not bid. AUCTIONEER DOES NOT OFFER ASSISTANCE WITH LOADING OR SHIPPING. Buyers are responsible for loading their purchases. Buyers must bring whatever equipment (especially dollies) and personnel that they need for removal. Bring your paid receipt for removal. Anything that is remaining after removal time will be considered abandoned. The Auctioneer is not obligated to issue a refund if buyer is unable to pick up and remove their purchases during the published removal times. There is no dock or ramp at the auction site, everything is ground level. 6. Late Removal: In the event that a buyer needs to come for a late check-out, the only possible dates are July 22 or 23 and buyer will be required to pay a Late Pickup Fee of $200 per day in cash to cover the cost of auction staff coming to the auction site and providing access. 7. Everything is sold "As-Is": All items in the auction (individually and collectively, the "Items")are being sold, "as is, where is" without warranties or guarantees of any type and with all faults. Auctioneer and Seller make no representations or warranties, express or implied, regarding the Items or that the Items is/are in compliance with any applicable city, state or federal laws or code, including, without limitation, any warranties imposed by law, whether now known or hereafter enacted, and any such representations and warranties, express or implied, are hereby expressly disclaimed. Bidder is aware of actual and/or potential damage to any Items prior to entering into this agreement and Bidder agrees to assume all risks associated with the Items, including, without limitation, any patent or latent defects or consequential damages Bidder may suffer as a result of the ownership of the Items. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEAND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION REGARDING THE ITEMS. IN ADDITION, AUCTIONEER AND SELLER MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY WITH RESPECT TO THE CONDITION OF THE ITEMS OR THAT THE ITEMS WILL BE FUNCTIONAL AND EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES. MOREOVER, NO MANUFACTURING WARRANTIES, IF ANY, WILL SURVIVE THE SALE OF THE ITEMS. To the maximum extent permitted by law, Bidder on behalf of Bidder, and on behalf of Bidder's heirs, executors, agents, successors, or assigns, hereby releases, holds harmless, and forever discharges Auctioneer and Seller and their parent, subsidiary and affiliated companies, and each of their respective officers, directors, agents, representatives and employees (the "Released Parties") from and against any and all claims, actions, damages, liabilities, losses, costs or expenses, known or unknown, including, without limitation, for personal injury, death or property damage, that in any way arise out of or result from the transport, ownership, use or possession of the Items by Bidder or anyone else, whether or not such claims, actions, damages, liabilities, losses, costs or expenses are the result of a defect in the Items or the negligence of the Released Parties. For the purpose of implementing a full and complete release and discharge of Auctioneer and Seller, Bidder expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims that Bidder did not know or suspect to exist in its favor at the time of execution hereof, and that this Agreement contemplates the extinguishment of such claim or claims. Bidders should rely solely on their own inspection of all Items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description regarding the items to be sold should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are NO REFUNDS OR RETURNS. Bidder agrees to completely defend, indemnify and hold harmless Auctioneer and Seller and their parent, subsidiary and affiliated companies, and each of their respective officers, directors, agents, representatives, employees, successors and assigns, from and against any and all claims, actions, damages, liabilities, losses, costs, expenses and demands (including, without limitation, outside legal fees and verifiable costs) and any payments, except such payments due and owed by Auctioneer and Seller prior to the execution of this agreement, if any, that may be due to any party of any kind or nature whatsoever, which may arise out of or result directly or indirectly from this Agreement including, but not limited to: (i) the transport, ownership, use or possession of the Items by Bidder or anyone else; (ii) any injury to or death of any person or any loss or destruction of or damage to any property caused by or attributable to the Items, whether or not caused by Auctioneer or Seller's negligence; (iii) any breach of Bidder's representations, warranties, and/or agreements as contained herein; (iv) any unauthorized use of Seller's trade names, trademarks, processes, ideas, methods or devices by Bidder, its subsidiaries, manufacturers, distributors or the employees or agents of any of the foregoing; (v) any unauthorized use of any materials in connection with the Items; (vi) any other actions by Bidder including, without limitation, any act of unfair competition in connection herewith, or any acts or omissions of Bidder, Bidder's employees, agents, independent producers, contractors, suppliers, clients, successors, assigns, licensees or anyone else who transports, owns, uses, possesses or in any way comes in contact with the Items. 8. Vehicle Titles: If a vehicle or trailer has a title (see catalog), it will not be available at removal, but will be mailed to the buyer via Priority Mail to the address used in bidder's registration within five (5) business days after the auction. Credit cards may not be used for payment for titled vehicles. All titles are clear and transferable. NOTE: Buyers of titled vehicles will be required to sign a Bill of Sale prior to titles being mailed. A copy of the Bill of Sale is located under the "Documents" link on the auction info page under Upcoming Auctions on JonesSwenson.com. 8a. Vehicles Sell with NO License Plates: If you plan to drive a vehicle or pull a trailer from the auction site, be sure to bring a license plate with you. All vehicles and trailers sell with NO license plate. This is due to tolls being charged to the seller after the auction. 9. Bidder's Duty to Inspect and Investigate: Bidder acknowledges that the Auctioneer is providing the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages bidders to attend the scheduled inspection for this auction, which will take place on the date listed above. If bidder chooses not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, they should bid accordingly. 10. Trademark/Logo: Bidder agrees, represents and warrants that the Items will not be used in any way that may be negative, derogatory to or critical of Auctioneer or Seller, their parent, subsidiary or affiliated companies, any person or entity connected with Auctioneer or Seller or their parent, subsidiary or affiliated companies, or any program produced and/ or broadcast by Seller. Additionally, Bidder will not use or refer in any way to any name, trademark, service mark, trade name or logo of Seller, its parent, subsidiary or affiliated companies, or any of their officers, talent, cast, crew, agents, representatives or employees, or any show produced or distributed by Seller or its parent, subsidiary or affiliated companies in connection with Bidder's use, rental, lease, sale and/or disposal of any of the Items. In the event Bidder sells or otherwise disposes of any of the Items, Bidder represents, warrants and agrees Bidder will secure, in writing, from any purchaser or transferee the obligations provided in this Paragraph 10. 11. Bidder Obligations: Auctioneer and Seller will have no responsibility or liability whatsoever with respect to the Items or Bidder's transport, ownership, use, or possession of the Items. Without in any way limiting the foregoing, Bidder will be solely and fully responsible for the care, maintenance, security and repair of the Items at all times. Bidder will be solely responsible for all costs and expenses relating to the transportation of the Items to the location desired by Bidder. 12. Compliance with Laws: Bidder agrees to comply with all local, county, state and federal laws, ordinances, rules, codes and regulations in connection with Bidder's transport, ownership, use and possession of the Items. Without in any way limiting the foregoing, Bidder will sign any and all notices of transfer, releases of liability and any and all other documents, and do any other acts as may be required by Auctioneer and Seller or its assigns or licensees to further evidence or effectuate Auctioneer and Seller's rights and/or Bidder's obligations as set forth in this Agreement and that are consistent with the terms in this Agreement, including, without limitation, to comply with any requirements of any government agency. 13. Transfer of Rights: Seller hereby irrevocably and exclusively assigns and transfers its entire right, title, and interest in and to the Items to Bidder. Bidder will be able to modify, sublicense or sell the Items anywhere, in perpetuity. Bidder will be solely responsible for making any and all payments, including, without limitation, any fees or taxes (unless such taxes or fees are due and owned by Seller prior to the execution of this agreement), and for obtaining any and all third party rights, clearances or consents that may be required in connection with Bidder's transport, ownership, use or possession of the Items. Bidder understands it is solely responsible for any local, state, and federal taxes and fees in connection with the Items. 14. Choose Wisely: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our sellers will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer. 15. Buyer is Responsible: Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for, any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys' fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction. 16. Charge backs Prohibited: Buyer agrees that they 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 buyer's premium or sales tax applicable. 17. 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 fail 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 (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price. 18. 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-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies - and 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. SELLER reserves the right to resell or otherwise dispose of said item(s) at SELLER'S sole discretion, with no refund to BUYER of any monies received. 19. Suspension of Bidding Privileges: Bidder understands and agrees that any violation of these Terms and Conditions and/or any unsafe or illegal activity during any auction-related event, may result in the Auctioneer's suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity. 20. Internet Problems: Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. Auction lots will not be re-sold or brought back up for bidding because of internet problems. If you have issues with placing bids, please contact HiBid Customer Service directly (352) 414-1947. 21. Missing Items or Items That Cannot Be Sold: In the event an item sold in the auction is found missing or is determined to be unavailable for sale or cannot be legally sold, prior to removal, the Auctioneer/Seller will only be responsible for the refund of the purchase price, buyer's premium and any sales tax. Buyer agrees that the only compensation due them will be the refund of actual money paid. 22. Remedies: Notwithstanding any remedy to which Bidder may become entitled in equity or at law, Bidder hereby waives any right it may have to enjoin or seek to enjoin the development, production, exhibition, merchandising, advertising, promotion, distribution, and/or other exploitation of any of Seller's photoplays or television programs. 23. Claims and Choice of Venue: The parties agree that this Agreement will be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein to contracts negotiated, executed, and fully performed within the state of California regardless of where performance of this Agreement may actually occur. Each party hereby irrevocable and unconditionally waives to the fullest extent permitted by law any right it might have to trial by jury in respect to any action brought to enforce (or otherwise relating to) this Agreement. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney's fees. 24. Waiver: Each party hereto hereby expressly waives any and all rights which it may have under the provisions of Section 1542 of the Civil Code of the State of California, which Section reads as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 25. Changes to Terms & Auction Catalog: Seller and Auctioneer reserve the right to make changes to these terms & conditions and to remove cataloged items from the auction at any time prior to the close of the auction with notice of any change being posted on the auction catalog. 26. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter. For questions, please contact auction office: (512)261-3838 or Info@JonesSwenson.com