Terms and Conditions of Sale
By submitting your bid, you agree that:
You have read and agree with the Auctioneer Terms and Conditions below and the Invaluable Terms of Use Agreement.
You agree to pay a buyer's premium of up to 17% and any applicable taxes.
Please read this document carefully. This is a legal document which affects your legal rights. The individual or entity bidding, hereinafter referred to as "Buyer," in consideration of, among other things, being permitted to participate in the Auction, hereby agrees to the following terms:
1. Registration: All Buyers must register in advance of the Auction prior to and be approved for bidding.
2. All sales are final: No credits or refunds are given.
3. Buyer Highest Bidder: Buyer that places the highest bid shall have the right and obligation to purchase the item. If disputes arise, the Auctioneer has the absolute discretion to settle them and to re-auction the merchandise if necessary.
4. Right to Reject Bids: Auction Management has the right to refuse any bid, to divide, to combine and to withdraw any lots without giving reason. Auctioneer and affiliates may consign items to sell and bid on any lots. Auction held with reserve. The auctioneer can set reserves and bid on items without any further notice to you.
5. Sales Tax: If you live in the state of Georgia you are subject to 8% sales tax unless a valid resale number is given.
6. Buyer Premium: An 17% buyer's premium is added to all purchases.
7. Day of Sale: All merchandise must be paid for within 5 days after the sale.
8. Forms of Payment: Payment is accepted in the form of Visa, MasterCard, American Express, Discover or Wire transfer. Valid identification is required for all forms of payment except cash.
9. Warranties and Guarantees: ALL JEWELRY IS GUARANTEED TO BE GENUINE. All merchandise will be sold "AS IS," "WHERE IS" and "WITH ALL FAULTS." Auction Management does not make and will not make any representation or warranty of any kind whatsoever, whether implied, express or statutory, whether oral or written, regarding the value of any item. Nor does Auction Management make any representations as to quality, quantity, fitness or condition, usability, merchantability, salability, weight, measurement, age or year, value, color, origin or composition of merchandise. It is up to Buyer at his, her, or its expense, if desired, to determine the value of the item(s) in question. The Buyer shall not rely upon anyone's opinion of value whatsoever, whether given by the Auctioneer or anyone else, but on the Buyer's own opinion. Any opinion expressed by the Auctioneer is strictly that of the Auctioneer and shall not bind Auction Management.
10. Transfer of Title: Auction Management reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the purchaser of the item sold. Title passes upon the fall of the hammer, or when the word "SOLD" is announced. The sale cannot be transferred and constitutes a valid and binding agreement.
11. Arbitration and Disputes: In the event that a dispute may arise between the parties, it is herby expressly agreed and understood that such dispute shall be determined by arbitration before the American Arbitration Association, pursuant to the Commercial Arbitration Rules then in effect, such arbitration is to be conducted in the County of Fulton, State of Georgia, and not by a lawsuit or resort to court process. Buyer expressly agrees to such arbitration, and gives up its constitutional right to have any such dispute decided in a court of law before a jury. Such arbitration award shall be final and binding and may be taken to a court of competent jurisdiction and judgment may be entered thereon.
BY BIDDING YOU ARE AGREEING TO HAVE ALL ISSUES DECIDED BY MUTUAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL.
12. Entire Agreement: By bidding in the auction this is the sole agreement between Auction Management and Buyer and constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this and supersedes all prior and contemporaneous understandings or agreements of the parties. This agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this agreement, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this agreement.
13. Integration: This agreement constitutes the entire understanding of the parties and there shall be no modification or waiver of the terms of this Bidding Card except by writing and signed by both parties.
14. Limit of Liability: In no event will Auction Management be liable for incidental, indirect or consequential damages of any kind. The maximum cumulative liability relative to all other claims and liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured, will not exceed the cost of the products giving rise to the claim or liability. Any action against Auction Management must be brought within six (6) months after the cause of action accrues. These disclaimers and limitations of liability will apply regardless of any other contrary provision of the Agreement and regardless of the form of action, whether in contract, tort or otherwise, and further will extend to the benefit of Auction Managements' vendors, appointed distributors and other authorized resellers as third-party beneficiaries. Each provision in the Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
15. Attorney's Fees: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Bidding Card (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Bidding Card, the prevailing party shall be awarded its reasonable attorney's fees, and expenses incurred.
Payment
Forms of Payment: Payment is accepted in the form of Visa, MasterCard, American Express, Discover, Wire Transfer. Valid identification is required for all forms of payment.
Payment of Sale: All payments must be received within 5 days after the auction. A fee of %1 of the invoice total will be charged per day, every day, that the payment is passed due the allotted 5 days.
