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Terms and conditions.
Please read each lot description on location before you bid!
After reading all of the terms and conditions, if you still have questions you can : TEXT THE AUCTION COMPANY: 713-715-9544 prior to bidding. Everything MUST be paid for in full within 24 hours of the end of the auction, with the exception of items paid for with bank wires (3 business days). Bank wires are required for many items that sell for above 5k, including RV's. Boats, Watercraft, Rolexes, some original artwork and Automobiles Bidder further agrees that under no circumstances will he/she initiate a charge-back on his/her credit card. BY REGISTERING FOR THIS SALE AND BIDDING, YOU AGREE THAT ALL SALES ARE FINAL. Items are located in the State of Texas. Please read the description of each item regarding pickup or shipping. LIC 11004
A 30% reselling fee will be applied to items not paid in full by the Tuesday following auction with NO EXCEPTIONS. Wire transfer may be required on all purchases over $10,000.00 or for new bidders to our sales. We accept credit cards on most items. All payments that are made by cashier's checks must be received by the first TUESDAY following the auction. All major credit cards accepted for items sold at under $5000 per item.
Payment in full must clear prior to shipment of items.
Unless an item is lotted as FREE SHIPPING, THE BUYER PAYS ALL SHIPPING & HANDLING CHARGES on items that require paid shipping. We use packaging by FedEx, UPS or USPS and the shipping charges include staff handling. If requested, shipping insurance and signature confirmation is offered on each package at buyer's expense. Please let us know if you'd like the insurance added.
All items will be shipped within 3-5 (BUSINESS) days of the auction BUT ONLY IF YOU HAVE PAID YOUR INVOICE WITHIN 24 HOURS. IF YOU MAKE A LATE PAYMENT YOUR SHIPPING MAY BE DELAYED UNTIL PAYMENTS HAVE CLEARED. Any item not picked up within 5 business days of the close of the auction/ estate sale will become the property of the liquidator/ estate sale company/ auctioneer.
In the event that you need to make a claim with FedEx, UPS or USPS you will need to complete the following:
1) KEEP THE BOX, ALL PACKING MATERIAL & THE DAMAGED ITEM (INCLUDING ALL BROKEN OR DAMAGED PIECES).**IF YOU THROW AWAY THE BOX AND PACKAGING SHIPPER WILL DENY YOUR CLAIM.
All JEWELRY AND WATCHES and JEWELRY that sells for over $2000 will require signature confirmation, tracking & insurance. WE CAN ONLY SHIP TO THE ADDRESS THAT MATCHES THE DL AND CC information.
Buyer's Premium: There is a 15% Buyer's Premium in effect for this auction.
These Bidder Terms and Conditions apply to Luxury Estates Auctions conducted by Wayne Wheat (Auctioneer), and constitute a legal, valid, binding, and enforceable contract between Auctioneer and YOU. These Bidder Terms and Conditions also form the basis for the contract of sale between YOU and the Seller if YOU are the Winning Bidder on any Lot(s).
Auction Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional Terms and Conditions Posted by Luxury Estates and Auctioneer, and Announcements Made at the Time of the Auction, and Applicable Law. The Auction is conducted under and in accordance with these Bidder Terms and Conditions, any and all other Terms and Conditions posted by Luxury Estates and Auctioneer (whether at the Auction Site or online), any announcements or corrections made by Luxury Estates and Auctioneer at the time of the Auction, and applicable law. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), YOU agree to be bound by, and to abide by, all such Bidder Terms and Conditions.
Definitions. The following definitions apply to these Bidder Terms and Conditions for each auction conducted by Luxury Estates and Auctioneer:
"Absentee Bid" means a bid submitted to Luxury Estates and Auctioneer in advance by an Absentee Bidder for the execution during the Auction under terms established by Wayne Wheat Auctioneers and Luxury Estates.
"Absentee Bidder" means a person or entity that submits an Absentee Bid. An absentee Bidder may or may not be present at the Auction. The auction company reserves the right to pass any and all items and place bids, including opening bid, on behalf of the seller up to but not exceeding the reserve price, if any.
"Absolute Auction" or "Absolute" applies only if and when expressly indicated and means that property is sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. WE DO NOT CONDUCT ABSOLUTE AUCTIONS. This type of auction is also known as an auction Without Reserve. Provided that a bid is received within a reasonable time after property is put up at Absolute Auction, the property will be sold to the highest bidder regardless of the final bid amount. Property put up at Absolute Auction may be withdrawn by Luxury Estates and Auctioneer if a bid is not received within a reasonable time. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING PUT UP AT ABSOLUTE AUCTION OR WITHOUT RESERVE.
"Auction" means an auction conducted by Luxury Estates and Auctioneer.
"Auction Site" means the physical location of the Auction in the State of Texas, and/or the location in or outside the State of Texas where Lot(s) may be inspected and where YOU may be pick-up Lot(s) purchased by YOU at the Auction.
"Bidder" means any person or entity, and the agents or representatives of any such person or entity, that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction (including, without being limited to, inspection and/or pick-up), regardless of whether such people or entity tenders a bid.
"Bidder Account" means the number or other identifier assigned to a Bidder by Luxury Estates and Auctioneer or by an Online Auction Platform Provider. (See, also, Bidder Number).
"Bidder Number" means the number or other identifier issued by Luxury Estates and Auctioneer to a Bidder for the purposes of identifying bids to such Bidder. (See, also, Bidder Account).
"Bidder Registration" means the information provided by a Bidder, and the process of registering such Bidder to bid at the Auction, including the Bidder's agreement to be bound by these Bidder Terms and Conditions.
"Bidder Terms and Conditions" means these Bidder Terms and Conditions.
"Buyer" means the Winning Bidder on a Lot. The auctioneer has the sole discretion of whether the item is sold depending on the wishes of the seller and the reserve prices set.
"Buyer's Premium" is a non-refundable administrative fee calculated as a percentage of the Hammer Price, that is payable by the Buyer to Luxury Estates and Auctioneer's own account. If the high bidder fails to pay for the won item, the auction company will charge the bidder the buyer's premium amount that was due on said item. Online registered bidders agree to pay this buyer's premium on won items and agree to no chargebacks on the credit card that is processed for this fee.
COA: Certificates of Authenticity and/or appraisals are NOT created by the auctioneer or estate liquidator staff. Any certificates that are received from the estate, consignor, vendor or supplier of any auction item, will be passed on to the bidder. The auction company/ estate liquidators do not act as appraisers and do not guarantee the accuracy of any COA or appraisal with the exception of the guarantee that precious stones and metals are authentic. ie., diamond is a diamond. gold is gold. etc.
"Commission" means the amount payable by or on behalf of Seller to Luxury Estates and Auctioneer for services, calculated as a percentage of the Hammer Price.
"Delivery" means the transfer of possession a Lot or Lots to the Buyer. Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during the Auction or at such other address as indicated on Auctioneer's website. Delivery does not mean that Luxury Estates and Auctioneer will move or relocate any Lot from its physical location during the Auction, or as indicated on Luxury Estates website, to any other location directed by the Buyer. Unless otherwise expressly agreed in writing, Luxury Estates and Auctioneer will not move or relocate any Lot(s) on behalf of the Buyer. The buyer will deal directly with the mover and any recommendations as to moving services or as a courtesy and in no way indicate the the auctioneer is in the moving business. The buyers, bidders and sellers agree to hold the auctioneer and Luxury Estates harmless for all losses or damages resulting from moving the auction items before or after the sale.
"Fall of the Hammer" means the point, after bids have been received, at which Luxury Estates and the Auctioneer declares a Lot "sold" to the Bidder acknowledged by Luxury Estates and Auctioneer as having made the Winning Bid. During an online auction, the Fall of the Hammer may occur electronically at the end of timed (or extended) bidding. The AUCTIONEER will determine who the winning bidder is. The Auctioneer is not responsible for any software issues with the hosting platform whereby a bidder is notified of a successful high bidding (reached reserve) if in fact the reserve is not met or the seller does not deliver the item to the Auctioneer.
"Hammer Price" means the high bid amount recognized by Luxury Estates and Auctioneer with the Fall of the Hammer.
"High Bid Subject to Confirmation" means the high bid amount recognized by Luxury Estates and Auctioneer at the conclusion of bidding on a Lot that is Subject to Seller's Confirmation. If the High Bid Subject to Confirmation is confirmed by Seller, it will be the Hammer Price. The Auctioneer and the seller reserve the right to reject any high bid made online regardless of the softwares sales results. If the bidder is charged for an item that is not released for sell, the bidder's credit card will be refunded within 5 business days following the payment. The bidder agrees that there is no other recourse for the seller rejecting the high bid, other than the return of the money paid for the item at auction.
"High Estimate" means an amount that Luxury Estates, the Seller or the Auctioneer anticipates that a Lot may bring at the high end of a spectrum of possible bids. The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
"Lot" means each individual item or grouping of personal property offered for sale at one time by Luxury Estates and the Auctioneer. Any lot may be removed at any time by the seller or the Auctioneer.
"Low Estimate" means an amount that Luxury Estates and Auctioneer anticipates that a Lot may bring at the low end of a spectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
"No Sale" occurs if Property is put up at the Auction but is not sold, and Luxury Estates and Auctioneer passes on such Property or declares a No Sale.
"Online Auction Platform" means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions. The auctioneer/ auction company nor its agents are responsible for errors made by the independent auction software platform.
"Online Auction Platform Provider" means the provider of an Online Auction Platform and related services.
"Online Bidding Period" means any established period during which online bids may be tendered.
"Private Sale" means an event in which Property is sold by Seller, or on Seller's behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Luxury Estates or the Auctioneer).
"Private Sale Price" means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.
"Registration Deposit" means, if required by the auction company, the deposit made by a Bidder in order to register for the Auction. Wayne Wheat Auctioneers and Luxury Estates may require that the Registration Deposit be made in certified funds or in such other form as determined by Auctioneer.
"Reserve" or "With Reserve" means that property put up at auction may be withdrawn by the auctioneer, estate liquidators and/or bids may be rejected for any reason. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING PUT UP WITH RESERVE. Opening bid amounts and reserve prices are typically not the same price.
"Reserve Price" means the minimum price that Seller is willing to accept for specific Property. If Property put up With Reserve is subject to a Reserve Price, such property will not be sold unless the Reserve Price is met or waived.
"Seller" refers to the consignor of a Lot.
"Subject to Seller's Confirmation" means, with respect to any Lot expressly identified in this Agreement as being sold Subject to Seller's Confirmation, that after the High Bid Subject to Seller's Confirmation has been received and acknowledged by auctioneer/liquidator, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid. The right to reject the final bid is in effect until the item has been physically picked up or delivered to the high bidder.
"Winning Bid" means the highest bid received and accepted (and if Subject to Seller's Confirmation, confirmed by Seller). The item (lot) is not guaranteed to be sold until the high bidder has paid for AND taken physical possession of the item.
"Winning Bidder" means the Bidder who is recognized by auctioneer/ liquidator as having made the Winning Bid and the winning bid acceptable to seller.
"Withdrawn", "Withdrawal", or "Withdraw" refers to the circumstance in which the Property is removed or withdrawn from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.
"Without Reserve" means Absolute. Luxury Estates and Wayne Wheat Auctioneer does not conduct absolute auctions. Some items in every auction will be subject to reserve and acceptance of the bid.
"YOU" means a Bidder.
Bidder Registration; Bidder Qualification. YOU must register to bid. Luxury Estates and Wayne Wheat Auctioneer may establish such Bidder Registration requirements and Bidder qualifications. In order to register to bid, YOU must provide such information (including identifying information and qualifications) as requested. Luxury Estates and Wayne Wheat Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the Bidder Registration or bidding privileges of any Bidder. By registering to bid, YOU represent that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract. Each entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. Bid(s) made by or on behalf of a corporation, limited liability company, or any other entity, must be personally guaranteed by one or more officers of the entity. If bids are made by or on behalf of an entity, the entity and any individual making the bid will be jointly and severally liable on account of the bid. YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted on HiBid or Wayne Wheat's website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Luxury Estates or Wayne Wheat Auctioneers. Wayne Wheat and Luxury Estates, at their absolute discretion, may receive bids from a person or entity that has not registered to bid, and/or who has not satisfied all requirements for Bidder Registration, and/or that has not previously been granted bidding privileges, and, by bidding, such person or entity will be bound by these Bidder Terms and Conditions, any and all other terms and conditions posted on HiBid and Wayne Wheat Auctioneers, Luxury Estate website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Wayne Wheat Auctioneers.
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