Auctions By Daum Terms & Conditions
7/29/17
YOU MUST REGISTER TO BID. As an internet bidder or a live auction bidder, by registering for this auction you are in compliance and agree to the terms and conditions listed as follows:
I am over 18 years of age and fully competent and execute this agreement voluntarily as my own free act and deed. No oral representations, statements, or inducements, apart from the foregoing written agreement have been made and I execute this bidding card form for full, adequate and complete consideration fully intending to be bound by its terms.
If you would like to be sent information on future auctions PLEASE GIVE THE CASHIER YOUR E-MAIL address or forward it to [email protected] attention: online auction administrator.
Bidder's signature
BUYER NUMBER
Please read this document carefully before executing. This is a legal document which affects your legal rights. The individual or entity identified above. Hereinafter referred to as the "Buyer" in consideration of among other things, being permitted to participate in the Auction, hereby agrees to the following terms:
1. Registration: All Buyers must register in advance of the Auction prior to placing a bid. Registering is accomplished by reading and signing this bidding card application or registering with AuctionZip.com.
2. All sales are final no credits or refunds are given.
3. Buyer highest Bidder: Buyer that places the highest bid shall have the right and obligation to purchase the item. If disputes arise, the Auctioneer has the absolute discretion to settle them and to re-auction the merchandise if necessary.
4. Right to reject bids: Daum auctioneers 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.
5. 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.
6. Sales Tax: All sales are subject to local sales tax unless a valid resale number on a state certificate is given.
7. Buyers Premium: 15% buyer's premium is added to all purchases.
8. Day of the sale: All merchandise must be paid for on the day of the sale. Title (ownership) will not pass to buyer until your credit card or checks are fully collected by Auctions By Daum.
9. Forms of payment: Payment is accepted in the form of Visa, Master Card, Discover, cash or check. Two forms of valid identification are required for all forms of payment except cash. A 4% surcharge for all credit cards will be added.
10. Returned Checks: There is a $40.00 charge for all returned checks.
11. Merchandise: All merchandise must be picked up and moved from location where the item is located (where is) within 48 hours unless agreed to in writing by Daum Auctioneers.
12. Merchandise: All merchandise not picked up will be billed for storage at $4.00 per square foot per day.
13. Warranties and guarantees: All jewelry is guaranteed to be genuine as represented. All merchandise boats and autos will be sold "As Is" "Where Is" and "with all faults." Daum Auctioneers does not make and will not make representation or warranty of any kind what so ever, whether implied, expressed or statutory, whether oral or written, regarding the value of any item. Nor do the Daum Auctioneers make any representations as to quality, quantity, fitness or condition, usability, merchantability, salability, weight, measurement, age or year, value, color, origin or composition of merchandise. It is up to the buyer at his, her, or its expense, if desired, if to determine the value of the item(s) in question. The Buyer shall not rely upon anyone's opinion of value what so ever, whether given by the auctioneer of 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 Daum Auctioneers.
14. Arbitration and disputes: In the event that a dispute arises between the parties. It is hereby 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 Martin, State of Florida, and not by 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.
15. Entire agreement, bidding card and number: This Bidding number and assigned card represents the sole agreement between Daum Auctioneers and Buyer and constitutes the final, complete, and exclusive statement of the terms of the Agreement between the parties pertaining to the subject matter of this 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.
16. Auctions by Daum liability: Buyer will enter auction site at Buyers own risk, Buyer shall examine the area around him or her to see if it is safe before *entering If Buyer is injured or killed buyer and his: family, agents, servants or employees will not seek any damages from Daum or any of its affiliates.
17. Limit of liability: In no event will Daum Auctioneers be liable for incidental, indirect or consequential damages of any kind. Owner must insure their Item or Items directly after purchase. The auctioneer is not responsible for lost, stolen or damaged items left unintended or not in buyer's possession. Any items left at the auction site after the auction is at the buyers own risk. Daum Auctions will not assume any responsibility for lost, stolen or damaged items belonging to the buyer. Any Buyers items not picked up with in 48hrs.after the auction from the Auction site will be stored at $4. (Per sq. ft. of area) per day.
18. Attorney's fees: In any litigation, arbitration, or other proceedings by which one party either seeks to enforce its rights & obligations under this card (whether in contract, tort, or both) or seeks a declaration of any rights of obligations under this biding card, the prevailing party shall be awarded its reasonable attorney's fees, and expenses incurred.
19. Checkout; shall be when the auction ends, i.e. The Auctioneer stops calling. There can be no exceptions; thank you for your understanding. Everything must be paid in full on the day of the auction regardless of when it is picked up. All sales are final the bidder is responsible for knowing which items he is bidding on, Auctioneer cannot honor mistakes.
20. Do not move merchandise without auction personnel present to check you out. All merchandise must be paid and all funds must be cleared & available for withdrawal from our banks when using credit cards or checks.
21. Save your bidder number as your purchases are listed in your name in this number. NO Sharing Bidder Numbers.
22. Terms: cash, Checks on local bank made payable to cash (with2 verifiable ID) or certified check made payable to Auctions by Daum, LLC. Credit Cards: MC, Visa & Discover: subject to Surcharge of 4%
State business license No.AB2942 / J. Daum No. Auctioneer AU1006 and Broker BK451823.
Shipping Terms
Auction House will help arrange shipment, at buyer's expense
