Auction Terms & Conditions
Conditions of Sale
ANYONE EITHER REGISTERING TO BID OR PLACING A BID ("BIDDER") ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH SHAWN J DOSTIE, AUCTIONEER. ("SHAWN J DOSTIE, AUCTIONEER," TOGETHER WITH BIDDER, THE "PARTIES").
The following terms and conditions ("Conditions of Sale") constitute the sole terms and conditions under which Auctioneer(s) will offer for sale and sell the property described in the catalog of items for auction (the "Catalog"). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates (the "Auction"). By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which Shawn J Dostie, Auctioneer agrees to these terms.
Shawn J Dostie, Auctioneer and Auction:
This Auction is presented by Shawn J Dostie, Auctioneer as identified with the applicable licensing information on the title page of the Catalog or on the UBidNWin.com Internet site. The Auction is conducted under these Conditions of Sale. Announcements and corrections from the podium at live auctions and those made through the Conditions of Sale appearing on the Internet at UBidNWin.com supersede those in the printed Catalog.
Bidder shall mean the original Bidder on the property offered for sale by Auctioneer and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to Shawn J Dostie, Auctioneer, prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.
The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of Shawn J Dostie, Auctioneer. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale.
Bids will not be accepted from minor persons under eighteen (18) years of age without a parent's written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder.
All Bidders must meet Shawn J Dostie, Auctioneers qualifications to bid. Any Bidder who is not a client in good standing of Shawn J Dostie, Auctioneers may be disqualified at Shawn J Dostie, Auctioneers sole option and will not be awarded lots. Such determination may be made by Shawn J Dostie, Auctioneers in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. Shawn J Dostie, Auctioneer reserves the right to exclude any person from the Auction.
If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment.
The Bidder acknowledges and agrees that a 15% buyer's premium, will be added to the hammer price on all individual lots sold in timed Auctions (the "Buyer's Timed Premium"), and a 10% buyer's premium will be added to the hammer price on live Auctions (the "Buyer's Live Premium," together with the Buyer's Timed Premium, the "Buyer's Premium"). For payment other than by cash, 3% convenience fee. Delivery will not be made unless and until full payment has been received by Shawn J Dostie, Auctioneers, i.e., check or wired funds have fully cleared. Unless otherwise agreed in writing, signed by Shawn J Dostie, Auctioneers, payment in full is due within thirteen (3) calendar days of the Auction or within twelve (3) calendar days of the invoice date, whichever is later.
Each Bidder's determination of its bid should be based upon its own examination of the item(s), rather than the strict reliance as to what is represented in the Catalog, online or elsewhere. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES.
Shawn J Dostie, Auctioneers IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer's Premium) that the Bidder is willing and able to pay. Since other Bidders (by mail, facsimile, online, and in person) will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and RR Auction has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake.
All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. Shawn J Dostie, Auctioneers shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder.
Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder. Shawn J Dostie, Auctioneers reserves the right to require payment in full before delivering any lot to the successful Bidder.
It is the Bidder's responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder's possession.
Bidder grants to Shawn J Dostie, Auctioneers or its assigns the right to offset any sums due, or found to be due by Shawn J Dostie, Auctioneers, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of Shawn J Dostie, Auctioneers or from any sums due to Bidder by Shawn J Dostie, Auctioneers. Bidder further grants Shawn J Dostie, Auctioneers a purchase money security interest in such sums or items to the extent applicable, and agrees to execute such documents as may be reasonably necessary to grant Shawn J Dostie, Auctioneers such security interest. Bidder agrees that Shawn J Dostie, Auctioneers and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Shawn J Dostie, Auctioneers, to the extent of the maximum indebtedness, plus all accrued expenses, until the indebtedness is paid.
By bidding in this sale, Bidder personally and unconditionally guarantees payment. The authorized representative of any corporate Bidder who is present at the sale shall provide Shawn J Dostie, Auctioneers or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by a principal, director or officer that they he or she personally and unconditionally guarantees any payment due Shawn J Dostie, Auctioneers.
Shawn J Dostie, Auctioneers may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Bidders.
In the event of a successful challenge to the title to any goods purchased pursuant to these Conditions of Sale and the exclusive remedies provided herein, Shawn J Dostie, Auctioneers agrees to reimburse any Bidder in an amount equal to the successful bid price actually paid by Bidder at auction plus any Buyer's Premium actually paid, in full and complete satisfaction of all claims, which once tendered by Shawn J Dostie, Auctioneers, relieves and releases Shawn J Dostie, Auctioneers from any responsibility whatsoever to the Bidder, even if the instrument is not cashed or is returned.
Non-Internet bids (including but not limited to in-person, facsimile, phone and mail bids) are treated similarly to floor bids in that they must be on-increment. Any in-person, facsimile, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered Bidder's high bid.
When identical mail or facsimile bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and be received at Shawn J Dostie, Auctioneers place of business at least twenty-four (24) hours before the Auction start. Shawn J Dostie, Auctioneers is not responsible for executing mail bids or facsimile bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is Shawn J Dostie, Auctioneers responsible for proper execution of bids submitted by telephone, mail, facsimile, e-mail, Internet, or in person once the Auction begins.
In all Auctions, bids on an item must raise the current high bid by at least 10%, or as specified on a per-Auction basis. Bids will be accepted in whole dollar amounts only. No "buy" or "unlimited" bids will be accepted. In a live sale, bids on an item can change at the discretion of Shawn J Dostie, Auctioneers.
Shawn J Dostie, Auctioneers reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless Shawn J Dostie, Auctioneers directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, Shawn J Dostie, Auctioneer will have final discretion in the event that any dispute should arise between Bidders. Shawn J Dostie, Auctioneer will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. Shawn J Dostie, Auctioneer will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises, Shawn J Dostie, Auctioneer sale record is conclusive.
Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as Shawn J Dostie, Auctioneer may require. In addition to other remedies available to Shawn J Dostie, Auctioneer by law, Shawn J Dostie, Auctioneer reserves the right to impose from the date of sale a late charge of 1.5% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. All property must be removed from Shawn J Dostie, Auctioneer premises by the Bidder at his/her expense not later than thirty (30) business days following its sale and, if it is not so removed, Shawn J Dostie, Auctioneer may send the purchased property to a public warehouse for the account, at the risk and expense of the Bidder.
Payment is due upon closing of the Auction session, or upon presentment of an invoice. Shawn J Dostie, Auctioneer reserves the right to void an invoice if payment in full is not received within thirteen (3) calendar days of the Auction or within twelve (3) calendar days of the invoice date. In cases of nonpayment, Shawn J Dostie, Auctioneer election to void a sale does not relieve the Bidder from their obligation to pay Shawn J Dostie, Auctioneer its fees (seller's and Buyer's Premium) on the lot and any other damages pertaining to the lot.
All sales are strictly for cash in United States dollars (including U.S. currency, bank wire, cashier checks, eChecks, and bank money orders), and are subject to all reporting requirements.
All deliveries are subject to good funds; funds being received in Shawn J Dostie, Auctioneer account before delivery of the Purchases; and all payments are subject to a clearing period. Shawn J Dostie, Auctioneer reserves the right to determine if a check constitutes "good funds": checks drawn on a U.S. bank are subject to a ten (10) calendar day hold, and ten (10) business days when drawn on an international bank. Clients with pre-arranged credit status may receive immediate credit for payments via e-Check, personal or corporate checks.
In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder's bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.
If Shawn J Dostie, Auctioneer refers any invoice to an attorney for collection, the Bidder agrees to pay attorney's fees, court costs, and other collection costs incurred by Shawn J Dostie, Auctioneer. If Shawn J Dostie, Auctioneer assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
Shawn J Dostie, Auctioneer shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. Shawn J Dostie, Auctioneer is further granted a lien and the right to retain possession of any other property of the Bidder then held by Shawn J Dostie, Auctioneer or its affiliates to secure payment of any Auction invoice or any other amounts due RR Auction or affiliates from the Bidder. With respect to these lien rights, Shawn J Dostie, Auctioneer shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against Shawn J Dostie, Auctioneer and the consignor of the merchandise included on the invoice (the "Consignor"). If a Bidder owes Shawn J Dostie, Auctioneer or its affiliates on any account, Shawn J Dostie, Auctioneer and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in their possession.
All checks, cashiers checks, bank checks, or money orders are payable to Shawn J Dostie, Auctioneer
Delivery; Shipping; and Handling Charges:
Bidder is liable for shipping and handling. Shawn J Dostie, Auctioneer is able to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Bidder agrees that service and handling charges related to shipping items which are not pre-paid may be charged to a credit card on file with Shawn J Dostie, Auctioneer.
Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to Shawn J Dostie, Auctioneer for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item'(s) hammer price and Shawn J Dostie, Auctioneer shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.
Shawn J Dostie, Auctioneer reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. Shawn J Dostie, Auctioneer shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Shawn J Dostie, Auctioneer reserves the right to refuse to accept bids from anyone.
Conducting the Auction:
Shawn J Dostie, Auctioneer reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
Shawn J Dostie, Auctioneer s Discretion:
Shawn J Dostie, Auctioneer shall determine opening bids and bidding increments. Shawn J Dostie, Auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if Shawn J Dostie, Auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, Shawn J Dostie, Auctioneer 's record of final sale shall be conclusive. Shawn J Dostie, Auctioneer also may reject any bid if Shawn J Dostie, Auctioneer decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by Shawn J Dostie, Auctioneer's discretion at the time of sale, no lots may be divided for the purpose of sale.
Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property. Shawn J Dostie, Auctioneer may, from time to time, bid on items that it does not own.
Bidding by telephone, facsimile, online, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and Shawn J Dostie, Auctioneer approval which shall be exercised at Shawn J Dostie, Auctioneer sole discretion. Neither Shawn J Dostie, Auctioneer nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
Shawn J Dostie, Auctioneer's Remedies:
Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, Shawn J Dostie, Auctioneer may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that Shawn J Dostie, Auctioneer will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate Shawn J Dostie, Auctioneer for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that Shawn J Dostie, Auctioneer, in its sole discretion, deems necessary or appropriate to preserve and protect Shawn J Dostie, Auctioneer's rights and remedies. Should Shawn J Dostie, Auctioneer resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, Shawn J Dostie, Auctioneer shall apply the payment received to such lot or lots that Shawn J Dostie, Auctioneer, in its sole discretion, deems appropriate. If Shawn J Dostie, Auctioneer does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted Shawn J Dostie, Auctioneer a security interest in, and Shawn J Dostie, Auctioneer may retain as collateral such security for such Bidder's obligations to Shawn J Dostie, Auctioneer, any property in Shawn J Dostie, Auctioneer's possession owned by such Bidder. Shawn J Dostie, Auctioneer shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the State of Ohio
Shawn J Dostie, Auctioneer does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither Shawn J Dostie, Auctioneer nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Shawn J Dostie, Auctioneer nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. Shawn J Dostie, Auctioneer does not make any representation or warranty as to title.
All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Shawn J Dostie, Auctioneer to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Shawn J Dostie, Auctioneer urges Bidders to avail themselves accordingly.
Shawn J Dostie, Auctioneer complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.
Limitation of Damages:
In the event that Shawn J Dostie, Auctioneer is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of Shawn J Dostie, Auctioneer, the liability, if any, of Shawn J Dostie, Auctioneer, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall Shawn J Dostie, Auctioneer be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Under no circumstances is any employee, agent or representative of Shawn J Dostie, Auctioneer authorized by Shawn J Dostie, Auctioneer to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Shawn J Dostie, Auctioneer unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Shawn J Dostie, Auctioneer to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Shawn J Dostie, Auctioneer, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of Shawn J Dostie, Auctioneer.
Under no circumstance will Shawn J Dostie, Auctioneer incur liability to a Bidder in excess of the purchase price actually paid.
This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor's warranty of title and any other representations and warranties made by the Consignor for the Bidder's benefit. In the event that Bidder demonstrates in writing, in the sole discretion of Shawn J Dostie, Auctioneer, that there was a breach of the Consignor's warranty of title concerning a lot purchased by Bidder, Shawn J Dostie, Auctioneer shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to Shawn J Dostie, Auctioneer). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, Shawn J Dostie, Auctioneer shall disclose the identity of the Consignor to Bidder and assign to Bidder all of Shawn J Dostie, Auctioneer's rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Shawn J Dostie, Auctioneer with respect to said lot or property shall automatically terminate. Shawn J Dostie, Auctioneer shall be entitled to retain the premiums and other amounts paid to Shawn J Dostie, Auctioneer - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by Shawn J Dostie, Auctioneer no later than twenty-one (21) calendar days after the Auction Date. This paragraph shall constitute Bidder's sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by Shawn J Dostie, Auctioneer.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
Shawn J Dostie, Auctioneer's Additional Services:
For Bidders who do not remove purchased property from Shawn J Dostie, Auctioneer's premises, Shawn J Dostie, Auctioneer, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. Shawn J Dostie, Auctioneer assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by Shawn J Dostie, Auctioneer or other packers and carriers, whether or not recommended by Shawn J Dostie, Auctioneer. Shawn J Dostie, Auctioneer assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where Shawn J Dostie, Auctioneer arranges and bills for such services via invoice, Shawn J Dostie, Auctioneer will include an administration charge.
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Shawn J Dostie, Auctioneer or acting as agent or representative of Shawn J Dostie, Auctioneer may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
Governing Law and Enforcement
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Coshocton, Ohio, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of Ohio, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if Shawn J Dostie, Auctioneer prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of Ohio or the United States District Court for the Southern District of Ohio, Eastern Division.
Except as provided in Bidder's Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either Shawn J Dostie, Auctioneer or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that Shawn J Dostie, Auctioneer shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, Shawn J Dostie, Auctioneer may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio, Eastern Division rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that Shawn J Dostie, Auctioneer may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio, Eastern Division rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if Shawn J Dostie, Auctioneer prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to Shawn J Dostie, Auctioneer, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
CONDUCT OF AUCTION
Before the Auction:
Bidder may attend pre-sale viewing for all of Shawn J Dostie, Auctioneer's auctions at no charge. All property to be auctioned is usually available for physical inspection prior to the sale. Bidder is encouraged to examine lots thoroughly.
Maximum Bids - All Auctions:
To maximize Bidder's chance of winning, Shawn J Dostie, Auctioneer strongly encourages the use of maximum bids. Shawn J Dostie, Auctioneer will then bid for Bidder until the lot reaches Bidder's specified maximum. Maximum bids are strictly confidential.
The fall of Shawn J Dostie, Auctioneer 's hammer indicates the final bid. Shawn J Dostie, Auctioneer will record the paddle number of the Bidder. If Bidder's salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. Shawn J Dostie, Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through UBidNWin.com.
The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
To ensure proper registration, those Bidders intending to bid via the Internet must visit UBidNWin.com and register accordingly. Winning bidders will be notified by Shawn J Dostie, Auctioneer. Shawn J Dostie, Auctioneer is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Shawn J Dostie, Auctioneer reserves the right to close or cancel the Auction at any time at its sole discretion.
Bidding - Internet - Live Auction:
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through UBidNWin.com. To ensure proper registration, those Bidders intending to bid via the Internet must visit UBidNWin.com and register accordingly. Winning bidders will be notified by Shawn J Dostie, Auctioneer. Shawn J Dostie, Auctioneer is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with Shawn J Dostie, Auctioneer in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize Shawn J Dostie, Auctioneer 's Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Shawn J Dostie, Auctioneer reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Shawn J Dostie, Auctioneer in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Shawn J Dostie, Auctioneer may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: Shawn J Dostie, Auctioneer presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.
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.