Auction Terms & Conditions
1. Case Antiques, Inc. has endeavored to accurately describe all items being sold. All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. There are NO REFUNDS. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as desired, or that you have chosen not to examine them. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, imperfections from the photography process can include reflections and variations in color due to digital processing. Case Antiques, Inc. shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. Estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction. All sales are final. No statement written or oral made by the auctioneer or any representative of Case Antiques, Inc., shall be deemed a warranty or assumption of liability by Case Antiques, Inc. or by any seller represented by Case Antiques, Inc. Case Antiques, Inc. reserves the right to withdraw any property before the sale. The preview for the sale will be one day before the sale, or by appointment.
2. The Auctioneer will be the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether or not to reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying "sold". We reserve the right to reject any bids deemed inappropriate. If an item is withdrawn from the auction it will be offered again only at the Auctioneer's discretion. Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneer's "Hammer" or when the Auctioneer says "Sold." The purchaser shall assume full responsibility for the lot purchased once title has passed.
3. Payment arrangements should be made prior to the sale and you are required to contact us with your final payment arrangements within 3 days of the sale. If you have not contacted us with payment arrangements by the Tuesday following a Saturday sale (3 days after the sale), your payment will be considered late and in breach of the Term's and Conditions in this contract. If you won a lot(s) utilizing the Invaluable bidding platform, the credit card you used to signup can be charged automatically four (4) days after the first invoice has been sent. Winning bidders in the United States can pay by cash (in-house only), wire transfer, certified funds, credit card or approved check. Winning bidders in Canada can pay by wire transfer, certified funds, or credit card. Winning bidders outside of the United States and Canada can pay by wire transfer only. We reserve the right to require payment by wire transfer or certified funds from any bidder in any location. A convenience charge of 3% will be reflected in the final purchase price for the use of a credit card and credit cards will not be accepted for international transactions. Buyers not known to us presenting a check on auction day must provide a "letter of guarantee" from a bank officer on original stationery to Case Antiques, Inc. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at time of registration. An example "letter of guarantee" is available on our Website. ALL PERSONAL AND BUSINESS CHECKS WILL BE HELD FOR 7 DAYS UNLESS A "LETTER OF GUARANTEE" HAS BEEN SUBMITTED AND APPROVED. Credit arrangements must be made by the Friday prior to the day of auction so bank statements or letters of guarantee can be verified. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. Case Antiques, Inc. reserves the right to hold all merchandise until receipt of funds is verified. Just because funds have left your bank account DOES NOT guarantee we have received the funds in our bank account. Funds in transit are NOT VERIFIED as available in our account. A $30.00 service charge will be assessed when a check fails to clear the purchaser's bank. In addition to this returned check administrative fee, late payment fees may be assessed. We require cash, cashier's check or wire transfer to replace the returned check and any service fees.
4. A buyer's premium will be applied to the purchase price of all items as listed below. (The "Sales Price" is the hammer price plus the buyer's premium, plus applicable convenience payment fees, plus applicable taxes). All bidding at auction and all purchases will be in U.S. Dollars.
Live bidders via floor, phone and absentee bidding:
20% - Cash, check, certified funds or Bank wire transfer
Credit card payments incur a 3% convenience fee
LiveAuctioneers, Invaluable, Auctionzip, ebay & Bidsquare: 28%
HiBid (Absentee Bidding Only): 23%
5. Case Antiques, Inc. does not ship. All items for this auction are located in Knoxville, TN. We provide names of carriers and shippers in advance at bidder/purchaser request and on our Website. If you plan to bid on items that may be expensive or complicated to ship, we highly recommend you get shipping estimates from one or more of our recommended shippers or a shipper of your choice prior to bidding. Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay for all packing expenses, materials, carrier fees and insurance charges. Case Antiques, Inc. will have no liability for any loss or damage to shipped items. Items must be paid for in full before they will be shipped. Any shipping estimates given are only estimates and cannot be construed as the final shipping cost. All property should be removed from the premises at the sale conclusion unless prior arrangements have been made with Case Antiques, Inc. Purchased items not picked up or shipped within ten business days of the auction will be assessed a storage fee of $10.00 per day. If the purchaser fails to have their item(s) removed from the Case Antiques, Inc. gallery 30 days after the auction, Case Antiques, Inc. reserves the right to take possession of the item(s) and dispose of them at their discretion to recoup storage costs.
6. Taxes: All purchases are subject to 9.25% Tennessee sales tax unless the Tennessee Department of Revenue Blanket Certificate of Resale form is completed and provided. If you are outside of Tennessee and are travelling to Tennessee to claim your items personally you will be charged applicable Tennessee Sales Tax if you have not provided an active resale certificate prior to pick-up. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country.
7. Absentee/Telephone/Internet Bidding: As a service to our customers, Case Antiques, Inc. will execute absentee bids if so authorized in writing under the provisions herein specified. Absentee bids should be made on the absentee bid form provided or via an electronic bid form if provided. This form should be clearly and completely filled out and accompanied by a valid credit card. The credit card is used for identification purposes and you are not required to use the card provided to complete the purchase. However, if you do not complete the purchase within our required payment terms, Case Antiques, Inc. reserves to right to charge the credit card provided for your purchase(s) and for shipping. Absentee bids are executed competitively and confidentially. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. If two absentee bidders bid the same amount, the first received will be honored. Telephone bidders also should submit a completed phone and absentee bid form. Upon receipt of a properly executed bid form, we will make arrangements to call you just prior to your lot(s) of interest being offered. Please note that we will have limited time frame to attempt to get in touch with you by phone. Make sure that the phone number you have given us is correct and that your line will be open during the auction. Winning bidders will be notified within three (3) days of the sale. Case Antiques, Inc. will not be responsible for any errors or failures to properly execute absentee or telephone bids. Absentee and phone bids will not be accepted after 12pm Eastern on the Friday prior to the sale. All Internet bidders will require registration and pre-approval. There are no guarantees of successful registration, especially for those bidders attempting to register within 48 hours of the sale. Case Antiques, Inc. does not warrant that the Internet auction platform(s) will be uninterrupted or error free, nor do they make any warranty with respect to the results obtained from participating in the use of the Internet auction platform, or as to the accuracy, reliability or content of any information, service or offerings provided through the Internet auction platform. Your bid is a contract. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property. Please contact us directly at email@example.com or (865) 558-3033 if you have registration questions or to resolve any questions before bidding.
8. In bidding on any lot offered, the bidder indicates acceptance of these Terms and Conditions of Sale. Title of each lot passes at the fall of the Auctioneer's "Hammer" or when the auctioneer says, "Sold". The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. After the item is sold, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser or the purchaser's agent(s) at his own risk and expense.
9. The Auctioneer reserves the right to accept or reject bids in any increment that the auctioneer deems to be in the best interest of the client, the seller. Absentee and phone bidding for prospective bidders are offered for those who cannot be present at the auction. Please complete the Absentee Bid/Phone Reservation form(s). Absentee bids left with us are executed competitively and confidentially. Bids left on the Internet are not executed until the item is offered in the live auction. We target to sell 80-100 lots per hour.
Following are general guidelines for bidding increments:
$0 - $99 $10 increments
$100 - $499 $25 increments
$500 - $999 $50 increments
$1,000 - $2,999 $100 increments
$3,000 - $4,999 $200 increments
$5,000 - $9,999 $500 increments
$10,000 - $19,999 $1,000 increments
$20,000 - $49,999 $2,000 increments
$50,000 - $99,999 $5,000 increments
$100,000 + $10,000 increments
We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations or bids.
10. Please note that lots containing ivory or any other plant or animal material may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department as well as other restrictions under federal, state and/or local law. Some countries prohibit the importation of property containing materials from endangered plant or animal species and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these item(s) into another country. We also suggest that buyers in the United States check with their state's wildlife protection agency for any restrictions on the purchase, possession or sale of ivory or any other animal material. Please note that bidders in New York and New Jersey may not bid on any lots containing elephant ivory, mammoth ivory, or rhinoceros horn. Items containing ivory can only be shipped to an address in the United States. Bidders should check all applicable government wildlife restrictions prior to placing a bid. The buyer will be solely responsible for obtaining any necessary license or permits applicable to the sale or transport of the item(s) including any export or import license and/or certificates as well as any other required documentation.
11. Case Antiques, Inc. is required to conduct a background check on any Tennessee resident purchasing a firearm. TENNESSEE RESIDENTS - For guns purchased at the auction and manufactured after 12/31/1898, you must pass a background check prior to transferring the firearm. OUT OF STATE BUYERS - For all out of state buyers, firearms manufactured after 12/31/1898 may only be shipped to a valid Federal Firearms License (FFL) holder in your state. Please contact a FFL holder in your area to make sure you can legally own the firearm(s). INTERNATIONAL BUYERS - Firearms must be exported from the United States via a licensed exporter located within the USA. Depending on the country you live in, there may be restrictions on the types of items that can be imported. You are responsible for making all arrangements for firearms transfer with a licensed exporter and for understanding and complying with the laws of the country you live in.
12. For additional information regarding these Terms and Conditions of Sale, or any other matter relevant to this auction, please contact us: Case Antiques, Inc., 4310 Papermill Drive, Knoxville TN, 37909 (865) 558-3033 fax (865) 558-3032 or email at firstname.lastname@example.org. Telephone inquiries may be made between 9am and 5pm Eastern Time, Monday - Friday.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.