Please read this document carefully before executing. This is a legal document which affects your legal rights
The individual or entity identified at the bottom of the reverse page, hereinafter referred to as “Buyer,” in consideration of, among other things, being permitted to participate in the auction, hereby agrees to the following terms:
- Registration: All Buyers must register in advance of the auction prior to placing a bid. Registering is accomplished by reading and signing this Bidding Card.
- All sales are final: No credits or refunds are given.
- 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.
- 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.
- Bidding on 2 or more Items: In cases where 2 or more items are sold, Buyer is bidding on one item only. If Buyer requests more than one of the items on display, the bid price will be multiplied by the number of items requested.
- Sales Tax: All sales are subject to local sales tax unless a valid resale number is given.
- Buyer Premium: An 18% buyer’s premium is added to all purchases.
- Day of Sale: All merchandise must be paid for on the day of the sale.
- Forms of Payment: Payment is accepted in the form of Visa, MasterCard, American Express, Discover, cash or check. Valid identification is required for all forms of payment except cash.
- Returned Checks: There is a $25.00 charge for all returned checks.
- Merchandise: All merchandise must be picked up the day of the auction.
- 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 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.
- 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.
- 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. NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ALL ISSUES DECIDED BY MUTUAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL.
- Entire Agreement: This Bidding Card represents the sole agreement between Auction Management USA and Buyer and constitutes the final, complete, and exclusive statement of terms of the agreement between the parties pertaining to the subject matter of this Bidding Card and supersedes all prior and contemporaneous understandings or agreements of the parties. This Bidding Card may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Bidding Card, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Bidding Card.
- Integration: This Bidding Card 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.
- Limit of Liability: In no event will Auction Management be liable for incidental, indirect, consequential damages of any kind. The maximum cumulative liability relative to all other claims, 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 USA 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, 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.
- 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.
In agreeing to the terms and conditions of the auction, I acknowledge and represent that I have read both sides of this BIDDING CARD, understand it and sign it voluntarily as my own free act and deed; no oral representatiom, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this BIDDING CARD for full, adequate and complete consideration fully intending to be bound by its terms.