Lot # : 139 - NERF Elite 2.0 Flipshots Flip-8 Blaster

The property offered and sold through Ace Bidz (hereinafter AB) public auctions (hereinafter the Property) shall be offered and sold pursuant to the terms and conditions set forth below (hereinafter the Agreement). This Agreement constitutes the complete statement of the terms and conditions pursuant to which all Property is offered for sale. By bidding at the auction, whether in person, by agent, in writing, by telephone, internet bid or any other means, the buyer of the Property (hereinafter the Buyer) agrees to be bound by this Agreement. PROPERTY SOLD AS IS. All Property is sold as-is, where is, with all faults. Neither AB nor any consignor makes any guarantees, warranties or representations, expressed or implied with respect to the Property or the correctness of the catalog or any other description of the Property. In no event shall AB or the consignor be responsible for the correctness, nor be deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin or condition of the Property. No statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a guarantee, warranty or representation. WITHDRAWAL OF PROPERTY. AB reserves the right to withdraw any Property at any time for any reason and to default any sale in the event of an error or dispute. COPYRIGHT AND REPRODUCTION RIGHTS. AB and its consignors make no warranty or representation, express or implied, that the Buyer will acquire any copyright or reproduction rights to any Property sold. AB expressly reserves the right to reproduce any image of the Property sold in the catalog. The copyright in all images, illustrations and written material produced by or for AB relating to Property, including the contents of the catalog, is, and shall remain at all times, the property of AB and shall not be used by the Buyer, nor by anyone else, without prior written consent. BIDDING RESERVES. Some of the Property in the sale is offered subject to a reserve. The reserve is a confidential minimum price, agreed upon by the consignor and AB, below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the low estimates listed. Bidding will begin at a price appropriate at the auctioneer's discretion. The auctioneer always reserves the right to withdraw Property for any reason he deems appropriate. ORDER OF BIDS. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog. AB reserves the right to determine any and all matters regarding the order, precedence, or appropriate increment of bids or the constitution of lots. HIGHEST BIDDER. The highest bidder as determined by the auctioneer shall be the Buyer. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the Buyer and may also, at his or her election, withdraw the Property or reoffer the Property for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. At such time as the auctioneer has declared Property sold to a given Buyer, said Buyer thereupon assumes full risk and responsibility for the Property, agrees to sign any requested confirmation of purchase and agrees to pay the full price, plus Buyers Premium, therefore or such part, upon such terms as AB may require. PAYMENT. Payment is due within 7 business days. Payment must be made by cash, approved check, or wire transfer. We also accept Visa, MasterCard, Discover for invoices totaling under $2000. Credit card transactions will not be accepted for international clients. AB reserves the right to require bank checks for purchases over $2,000. Personal checks will be acceptable only if credit has been established with AB or if a bank authorization has been received guaranteeing a personal check. AB reserves the right to hold Property purchased by personal check until the check has cleared the bank. Buyer agrees to pay AB a handling charge of $25.00 for any check dishonored by the drawee. AB reserves the right to not issue a Buyers number or to withhold merchandise if appropriate credit has not been established. Credit arrangements must be made by the Friday prior to the day of auction so bank statements can be verified. Any bidder that plans on spending in excess of $100,000 should make arrangements with the AB accounting department at least five (5) days in advance of the sale, as a deposit may be required to participate. All Property purchased must be paid for no later than 5 pm EST on the seventh business day following the sale. AB may impose, and the Buyer agrees to pay, a monthly interest charge of 1.5% of the purchase price of any Property not paid by the Buyer within thirty (30) days of the date of sale. AB reserves the right to rescind any sale of Property in the event payment is not received within seven (7) business days of the sale. BUYERS PREMIUM. Internet bidders are subject to a 13% buyer's premium. This is exclusive of any additional premiums levied by this auction portal. REMOVAL OF PROPERTY. All items must be picked up, or shipping arrangements made, within two weeks of the day of sale. Items not collected or shipped by the 15th day following the sale will incur storage fees at a rate of $5.00 per lot per day regardless of the size or value of the lot. Items not collected by the 30th day following the sale may be sold by AB or sent by AB to a public warehouse at the sole risk of, and charge to, the Buyer and AB may prohibit the Buyer from participating, directly or indirectly, as a bidder or purchaser in any future sale. No Property may be removed from AB premises until the Buyer has paid in full the purchase price including Buyers premium. AB shall have no liability for any damage to Property left on its premises after the auction. A defaulting Buyer will be deemed to have granted and assigned to AB a continuing security interest of first priority in any Property or money of or owing to such Buyer in AB's possession, and AB may retain and apply such Property or money as collateral security for the obligations due to AB. AB shall have all of the rights accorded a secured party under the Pennsylvania Uniform Commercial Code. PACKING AND SHIPPING. Shipping is the sole responsibility of the Buyer. Neither AB nor any of its consignors will have liability for any loss or damage to shipped items. TAXES. All purchases are subject to applicable sales tax unless the Buyer possesses an applicable sales tax exemption number. Buyer is responsible for any and all tariffs, taxes, and assessments that might be made on the Property. International Buyers are responsible for tariffs, taxes, or assessments of shipped items to the Buyer's country. IMPORT/EXPORT RESTRICTIONS. Some property that is sold at auction can be subject to laws governing export from the United States, such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these sABe governing laws. Granting of licensing for import or export of Property from local authorities is the sole responsibility of the Buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of said Property. BUYERS BREACH. If the Buyer breaches any of its obligations under this Agreement, including its obligation to pay in full the purchase price of all Property for which it is the highest successful bidder, AB may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the Buyer to the damages caused by the Buyers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the Buyer has failed to pay in full the purchase price, holding the Buyer liable for any deficiency plus all costs of sale. GOVERNING LAW. These conditions of sale shall be governed by the laws of the Commonwealth of Pennsylvania (excluding the laws applicable to conflicts or choice of law). The Buyer agrees that any suit for the enforcement of this Agreement may be brought, and any action against AB in connection with the transactions contemplated by this Agreement shall be brought, in the courts of the Commonwealth of Pennsylvania or any federal court sitting therein. The Buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit. AMENDMENTS TO TERMS AND CONDITIONS. No claimed modification or Amendment of this Agreement on the part of any party shall be deemed extant, enforceable, or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of AB in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of AB on any future occasion. 2022 Ace Bidz, All Rights Reserved