Important Information
Terms and Conditions
listed below shall govern this Auction sale:
1. All persons seeking to register to bid must present a
valid credit card to register online. In addition,
Auctioneer reserves the right to verify the validity of all
cashier`s checks or certified funds drawn from lending
institutions.
2. The "Bidder" becomes a "Buyer" upon the closing of the
lot and the Auctioneers acceptance of their bid on one or
more items in the Auction sale.
3. ALL PURCHASES MUST BE PAID IN FULL WITHIN 48 HOURS OF THE
AUCTION CLOSING ONLINE. You will receive an invoice via
email with your winning bids immediately following the
auction. Payment may be made by ACH or wire transfer
(instructions on invoice), cash will NOT be accepted at the
auction site. MasterCard and Visa accepted via phone up to
$5,000. All purchases subject to a 15% buyer’s premium.
4. Items left unpaid for more than 48 hours will be
resold at the risk and expense of the Buyer. In the event
that a Buyer fails to pay the entire purchase price (in
addition to the Buyer`s premium and any applicable tax)
within 48 hours or otherwise fails to comply with these
Terms and Conditions, Auctioneer and the Seller will retain
any deposit paid without notice. Auctioneer and the Seller
reserve all rights at law or equity including the right to
resell such items without notice, and the defaulting Buyer
shall be liable to Auctioneer and Seller for any resulting
deficiency, including costs incurred in storing and
reselling such items.
5. Auctioneer shall charge and collect from each Buyer a
Buyer`s premium of 15% for each sale at the Auction, in
addition to the purchase price as bid.
6. All items in the Auction shall be sold to the highest
bidder; provided, however, that some items may be auctioned
with minimum reserve prices, and/or subject to Seller`s
right of confirmation. Auctioneer reserves the right to
reject any bid that is only a minimal increase over the
preceding bid, that is not commensurate with the value of
the item being offered or that Auctioneer believes was made
illegally or in bad faith. Further, Auctioneer may bid at
the Auction either for its own account or on behalf of the
Seller or a third party. All sales are final. No returns
or refunds will be permitted for any reason whatsoever.
7. Collection of applicable taxes will be in accordance
with the laws of the State of New York, County of Chenango,
and items in this sale may be subject to U.S. export control
regulations.
8. REMOVAL: Due to the complex nature of this offering,
all rigging and removal for this auction will be restricted
to A&A Rigging. All rigging and loading prices are clearly
marked in the catalog and will be added to your invoice at
checkout, please bid accordingly. All purchases must be
removed no later than July 31, 2013. Note: All buyers
shall contract directly with A&A and Blackbird is not a
party to the rigging or removal process. Blackbird is
acting as a collection agent only and not responsible for
the acts of the rigging contractor. Buyer agrees to
indemnify and hold harmless Blackbird Asset Services, LLC
from any and all claims or actions that may arise from any
rigging process.
9. The Buyer becomes fully responsible for, and assumes all
risk of loss and damage to items purchased until items are
removed from the Auction site whether or not the removal
deadline has passed. If the Buyer does not remove an item
within the announced removal period, Auctioneer and the
Seller may, in their sole discretion, deem the item to have
been abandoned by the Buyer and the Buyer will have no
further rights with respect to the item.
10. In the event of any dispute concerning the winning bid
price for an item, the record kept by Auctioneer shall
control. In any dispute between two or more bidders, the
Auctioneers decision shall be absolute and final.
11. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.
NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR
IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF
ANY ITEM. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
12. The aggregate respective liability of Seller or
Auctioneer in respect of any other loss or damage suffered
by a Buyer and arising out of or in connection with these
Terms and Conditions or arising out of or in any way
connected with a Buyer`s participation in the Auction,
whether in contract, tort (including negligence) or for
breach of statutory duty or in any other way, shall not
exceed (i) in the case of the Seller, the amount of the
purchase price paid by the Buyer; and (ii) in the case of
the Auctioneer, the Buyer`s premium paid by the Buyer, in
each case in respect of the goods which are the subject of
the claim.
13. Computers, drives and other electronic equipment may
contain copywritten software that is governed by a license
agreement issued to a third party. In such event the Buyer
acknowledges that said software and license agreement(s) are
not included in their purchase(s). Buyer guarantees the
destruction of any personally identifiable information that
may be stored on such devices, and shall indemnify and hold
harmless Blackbird Asset Services, LLC and their Seller from
any claims, suits or other actions brought against them that
relates in any way to personal identifiable information.
14. Buyers acknowledge that an Auction site or the Seller`s
site is a potentially dangerous place. Flammable, noxious,
corrosive and pressurized substances may be present. Heavy
equipment may be operated, and electrical circuits may be
live. Every person enters such site at his or her own risk
with notice of the condition of the premises and the
activities that will be or have been conducted on the
premises. Buyers shall so advise their agents and
employees. No person shall have any claim against
Auctioneer, the Seller or their respective agents or
employees for any injuries sustained or for damages to or
loss of person or property that may occur at such site.