Lot # : 33 - Antique Miniature Portrait in Bronze frame

________________________________________ MISSION CRITICAL CORPORATE & ESTATE DOWNSIZING AUCTION TERMS AND CONDITIONS 1. ALL SALES ARE FINAL The condition of merchandise offered for sale may vary. Buyer acknowledges and agrees that any description, representation, or sample of merchandise provided by Mission Critical Corporate & Estate Downsizing (the “Auctioneer”) is for identification purposes only and does not constitute or create any warranty, express or implied, that the merchandise conforms to such description or sample. Buyer expressly understands and agrees that all merchandise is sold and accepted by Buyer in “AS IS, WHERE IS, AND WITH ALL FAULTS” condition. Auctioneer makes no representations, warranties, or guarantees of any kind, whether written, or implied, including but not limited to warranties of quality, quantity, condition, location, usability, merchantability, weight, measurement, year, model, mechanical condition, performance, or fitness for a particular purpose. Any applicable manufacturer warranties, if available, are solely between Buyer and the manufacturer. No sale shall be invalidated, and Auctioneer shall have no liability for any error, omission, or misdescription of any article or lot, whether contained in a catalog, advertisement, announcement, or otherwise. All descriptions are provided solely as a guide and shall not be relied upon by Buyer as a representation or warranty of accuracy or completeness. By submitting a bid, Buyer affirms that Buyer has personally inspected the merchandise to Buyer’s satisfaction or has voluntarily waived the right to such inspection prior to bidding. Buyers shall be deemed to have relied exclusively upon their own investigation and examination of the merchandise, and not upon any statements, representations, or descriptions made by Auctioneer. a. RETURNS, EXHANGES, CREDITS, As stated above, all items are AS IS, WHERE IS. There are no returns for any lot at any point in time for any reason. This is NOT Amazon or eBay or Walmart. There are no exchanges for a similar item. There are no credits for future auctions. ________________________________________ 2. INSPECTION Bidders are strongly encouraged to personally inspect all property prior to placing any bid through photos on the HiBid website. From time to time, merchandise may be available for inspection only at the locations, dates, and times designated by the Auctioneer. Any person attending an inspection, auction, or removal of merchandise does so at their own risk and assumes full responsibility for any injury, damage, or loss to persons or property arising from such attendance. All attendees shall exercise appropriate caution and comply with all safety requirements, rules, and instructions established by the Auctioneer, as well as all applicable local, state, and federal laws and regulations. Auctioneer, its employees, agents, and representatives shall not be liable for any injury, loss, or damage resulting from any defect, hazard, or condition of the premises where the inspection or auction is conducted. Buyer and all attendees expressly release and hold harmless Auctioneer, its employees, agents, and representatives from any and all claims, liabilities, damages, or causes of action of any kind arising out of or relating to attendance at the inspection, auction, or removal of merchandise. ________________________________________ 3. PHOTOGRAPHS AND DESCRIPTIONS Auctioneer endeavors to provide accurate descriptions and photographs of items offered for sale; however, Auctioneer does not warrant or guarantee the accuracy, completeness, or reliability of any description, photograph, or other information provided. Buyer acknowledges and agrees that Auctioneer shall not be responsible for any errors, omissions, or inaccuracies in descriptions or photographs. Photographs are provided solely for reference and convenience. The inclusion of multiple items within a single photograph shall not be interpreted to mean that such items constitute a single lot unless expressly stated in the written description. Buyer shall not rely upon photographs to determine the quantity, condition, or components of any lot. Buyer further acknowledges that, in some instances, an incorrect photograph may be inadvertently associated with a particular item or lot. In all cases, Buyer agrees that bids are placed based solely upon the written description of the item, and not upon any photograph or visual representation. The written description shall control in the event of any discrepancy between a description and a photograph. ________________________________________ 4. REGISTRATION In order to participate in any auction or access the Auctioneer’s bidding system, all bidders must complete the required registration process. Registration is limited to individuals who are eighteen (18) years of age or older. By registering, you represent and warrant that all information provided during the registration process is true, accurate, current, and complete. Auctioneer reserves the right, in its sole discretion, to deny, suspend, or permanently revoke bidding privileges for any individual who provides false, misleading, or incomplete information during registration or at any time thereafter. Any such action may result in immediate disqualification from current and future auctions without notice or liability to Auctioneer. ________________________________________ 5. DEPOSIT To process any winning bid, a valid credit card must be maintained on file with the Auctioneer. Upon registration for the online auction, Auctioneer will place a one-dollar ($1.00) authorization hold on the credit card provided. This authorization is not a charge, but solely a verification of account validity. If no bids are placed, or if no bids are successful, no funds will be collected from the card on file. Any authorization hold will be released in accordance with the policies and procedures of the applicable credit card issuer or financial institution. Auctioneer shall have no responsibility for the timing of such release. a. FORMS OF PAYMENT All payments must be made in U.S. Dollars (USD). Acceptable forms of payment include Visa, MasterCard, Discover, and American Express. Personal or company checks will be accepted only if accompanied by a current bank letter guaranteeing payment and a valid government-issued photo identification. In the absence of such documentation, Mission Critical Corporate & Estate Downsizing reserves the right, in its sole discretion, to refuse payment by check and to require an alternative form of payment. Auctioneer further reserves the right to determine acceptable methods of payment on a case-by-case basis. ________________________________________ 6. BIDDING ERRORS Bidders are responsible for reviewing all bid information and verifying the accuracy of each bid prior to submission. It is recommended that bidders refresh their browser frequently to ensure they have the most current bid data. The Auctioneer will not assume that any bid—including an increase of a bidder’s own prior bid—was made in error. Bidders acknowledge that increasing one’s own bid to outbid other participants is a common and acceptable practice. By participating in the auction, you agree that you are solely responsible for all bids placed using your account, including any bids made in error. In the event that you mistakenly submit a higher bid or otherwise make a bidding error, you must immediately notify the Auctioneer by phone at (304) 384-0788 or via email at info@missioncriticaldownsizing.com. ________________________________________ 7. TIMELINESS OF BIDDING ERROR REPORTS Any bidding error must be reported to the Auctioneer before the auction begins to close. The Auctioneer shall have no obligation to correct or reverse any bidding errors reported after the auction has commenced its closing process. ________________________________________ 8. BIDDER’S DUTY TO REPORT FRAUD Bidders are responsible for all activity conducted under their account. If you suspect that an unauthorized party has accessed your account, you must promptly notify the Auctioneer and report the incident to the appropriate law enforcement authorities. A copy of any resulting police report must be provided to the Auctioneer. Failure to promptly report suspected fraud may result in personal liability for all purchases made using your account. ________________________________________ 9. FRAUD AND CRIMINAL ACTIVITY Any attempt to manipulate bidding, provide false information, misuse another person’s account, engage in nonpayment, or otherwise interfere with the integrity of the auction shall be deemed fraudulent activity. In the event the Auctioneer reasonably suspects fraud, misrepresentation, identity theft, or any other unlawful conduct in connection with registration, bidding, or payment, the Auctioneer reserves the right to immediately suspend or terminate the bidder’s account, void any associated bids, and refuse further participation in any auction. Additionally, all suspected fraudulent activity will be reported to appropriate law enforcement authorities and, where applicable, to financial institutions and online auction platforms for investigation and potential prosecution. Participants acknowledge and agree that the Auctioneer will fully cooperate with any criminal or civil investigation arising from such conduct. ________________________________________ 10. CHANGES IN CIRCUMSTANCE All aspects of the auction, including items, terms, and schedules, are subject to change at any time without prior notice. The Auctioneer reserves the right, in its sole and absolute discretion, to: 1. Add, remove, or withdraw items from the auction; 2. Establish or modify minimum bids or reserve prices; 3. Split or combine lots; 4. Suspend, cancel, extend, or reschedule the sale of any item, lot, auction, or auction event; 5. Modify inspection, closing, or removal times; and 6. Take any other action deemed necessary to ensure the fair and orderly conduct of the auction or to protect the interests of buyers, sellers, or other parties. In the event a seller withdraws an item prior to the close of the auction, the Auctioneer may retain the item in the catalog and purchase it on behalf of the seller to establish the Auctioneer’s earned commission and buyer’s premium, as applicable. ________________________________________ 11. WINNING BIDS By placing a bid, the bidder acknowledges and agrees that, if determined to be the winning bid, the bidder is legally obligated to pay the full bid amount for the item(s) won. Upon the close of the auction, the Auctioneer will charge the credit card on file for all winning bids and provide the bidder with an electronic receipt. If the credit card on file is declined for any reason, the bidder must promptly update their account with a valid payment method in accordance with instructions sent via e-mail. It is the sole responsibility of the bidder to monitor e-mail communications after the close of the auction to determine which items were won. A paid sales receipt must be presented at the time of removal to collect the purchased items. Mission Critical Corporate & Estate Downsizing is not responsible for notifying winning bidders outside of the automated processes described. a. Pick up: It is the buyer’s responsibility to arrange for help and proper transportation for the pickup of lots. This also means that you are to bring the appropriate tools for disassembly, Dollys for moving items and extra help for heavy items. Mission Critical Corporate and Estate Downsizing DOES NOT provide assistance with the moving of items or provide tools for use. We will leave it up to the buyer to disassemble items so they know how to put it back together. b. Shipping: All items are shipped through a third part vendor via UPS, USPS, or FedEx for the best possible rates and terms for you. All lots are assessed a $5.00 handling fee. Insurance is extra and will be assessed on your final bill combined in the total amount for shipping! You will receive TWO invoices / Settlements. One invoice and charge for the initial lots won and a subsequent invoice and charge for shipping and handling. Mission Critical Corporate and Estate Downsizing is NOT responsible for what happens to a package when it leaves our care, custody or control. We DO NOT employ USPS, UPS or FedEX. We do not tell them how to ship the package or what route to send a package. We are NOT responsible for delays, the weather or any other outside influence on the package that could cause delays OR damage. If you need to file a claim, have query on a package, or anything related to the package while the package is enroute to you, the carrier is best served to handle your request, Mission Critical Corporate and Estate Downsizing. All shipping information will be emailed to you once your package has shipped. If you do not see the email, CHECK YOUR SPAM! ________________________________________ 12. ABANDONED LOT FEE Any lot or item purchased by a bidder that is not timely collected or otherwise abandoned shall be subject to an Abandoned Lot Fee of fifty dollars ($50.00) per lot. The Auctioneer shall have no obligation to dispose of, store, or otherwise manage any items that a bidder fails to pick up, declines to take, or neglects to remove. If a bidder arrives at the premises and is unable to transport purchased items due to insufficient space, lack of appropriate vehicle, or other reasons, the bidder must make immediate arrangements to retrieve the item(s) within the designated pickup window. Failure to do so will result in the imposition of the Abandoned Lot Fee, and the bidder shall remain responsible for any additional costs incurred by the Auctioneer as a result of the abandonment. ________________________________________ 13. PAYMENT Upon the conclusion of the auction, the credit card associated with the bidder’s account will be automatically charged for the full purchase price of all items won. It is the sole responsibility of the bidder to ensure that the credit card provided has sufficient credit or funds to cover all purchases at the time the auction closes. Bidders may update their credit card information at any time through their account settings. ________________________________________ 14. DEFAULT AND RESALE If a winning bidder fails to remit payment for any item won, for any reason, the bidder’s account shall be considered in default. In the event payment is not received following notification of default, the Auctioneer reserves the right, in its sole discretion, to immediately resell the unpaid item(s). The defaulting bidder shall be responsible for any costs incurred in connection with the resale, as well as any deficiency between the original purchase price and the resale price, including but not limited to commissions, fees, and other related expenses. ________________________________________ 15. SUSPENSION OF BIDDING PRIVILEGES Bidders acknowledge and agree that any violation of these Terms and Conditions, or any illegal, unsafe, or inappropriate conduct during any auction-related event, may result in the immediate suspension or revocation of online bidding privileges, at the sole discretion of the Auctioneer. Such action shall be without prejudice to any other rights or remedies available to the Auctioneer at law or in equity. ________________________________________ 16. LIABILITY a. General Liability The liability of the Auctioneer, and of the seller of any items in this auction, shall be strictly limited to the refund of the purchase price paid for the item(s). The Auctioneer shall not be liable for any losses or damages arising from the postponement, cancellation, or rescheduling of the auction, or from the withdrawal of any item or lot. Under no circumstances shall the Auctioneer be liable for lost profits, or for any special, incidental, or consequential damages arising from or in connection with this auction or any related transaction. b. No Liability for the Acts of Third Parties The Auctioneer shall have no responsibility or liability for any acts or omissions of any seller, bidder, or other third party before, during, or after the auction. c. No Liability for System Failure or Site Malfunction The Auctioneer makes no guarantees regarding the uninterrupted operation of the online auction platform. Bidders acknowledge that technological or system malfunctions, errors, or failures may occur. The Auctioneer shall not be liable for any errors, delays, interruptions, or other malfunctions affecting bidding or transactions. The Auctioneer reserves the right, in its sole discretion, to void, suspend, or resell any item if it determines that a transaction has been affected by a site malfunction, technical error, or human error. The Auctioneer shall have no liability or duty to any bidder beyond the proper operation of the online auction platform. ________________________________________ 17. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Mission Critical Corporate & Estate Downsizing, its employees, officers, owners, affiliates, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to your actions, omissions, or the actions of your agents or representatives. This includes, but is not limited to, personal injury or property damage occurring at any auction site, during the removal or transportation of items purchased at auction, disputes with other bidders, or any violation of these Terms and Conditions. ________________________________________ 18. LIMITATIONS These Terms and Conditions do not create, and are not intended to create, any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between any party. These Terms and Conditions may only be amended in writing by Mission Critical Corporate & Estate Downsizing. ________________________________________ 19. SEVERABILITY If any term, provision, paragraph, condition, or portion of these Terms and Conditions, or the application thereof to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of the Terms and Conditions, and the application of such term, provision, or condition to other persons, places, or circumstances, shall remain in full force and effect. ________________________________________ 20. ENTIRE AGREEMENT These Terms and Conditions constitute the entire agreement between you and Mission Critical Corporate & Estate Downsizing and supersede any prior oral or written agreements, representations, or understandings relating to the subject matter herein.