Sales Final and Warranty
The following Terms and Conditions apply to all auctions conducted by Moxie Auctions LLC (Auctioneer) and any participants in said auctions (Bidder). All purchases made at an auction conducted by Auctioneer are on an "AS IS", "WHERE IS" basis (shipping and packing are not included). According these terms agreed to by all Bidders, all sales are final and no sale shall be invalidated. There are no returns or refunds and credit payments cannot be reversed. Neither we nor the consignor make any guarantees, warranties or representations, express, or implied, with respect to the Property, except as to the warranty of title. All implied warranties of MERCHANTABILITY and FITNESS FOR PURPOSE ARE SPECIFICALLY DISCLAIMED by us and the consignor (if the items is being sold on consignment.
Specifically, neither we nor the consignor make any representation or warranty of any kind, express, or implied with respect to any of the following characteristics of the property: age, authenticity, genuineness, attribution, provenance, origin, physical condition, importance, size, quality, quantity, rarity, value exhibitions, historical references or significance, medium, material, period, culture, source origin. All information in the catalog, sale bill,auction listing, advertising, web site or elsewhere , concerning the characteristics mentioned above, is offered to bidders as a statement of opinion only. It is not intended to contain statements of fact for which we or the consignor may be held liable. This disclaimer of liability on our part applies whether the information is included in any catalog, sale bill, web site, or any advertisements, announcements or communicated through our representatives, bills of sale or elsewhere, and whether written or oral.
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Neither we, nor the consignor, shall be responsible for the correctness or accuracy of descriptions or other information in this catalog or elsewhere. The bidder assumes the full responsibility to inspect and evaluate the property to his or her complete satisfaction prior to any bid or purchase. The bidder must make an independent judgment about the Property, its value descriptions or other information about the Property. We may, without in any way diminishing our disclaimers of liability contained in this Paragraph 3 and elsewhere, mention in the description of the item or lot, significant damage, although this does not include all faults, imperfections and restorations.
All measurements and weights stated in any of the means of communication listed are approximate, unless accompanied by a G.I.A. or comparable certificate certifying measurements and weight.
Due diligence: Bidder agrees to have asked any and all questions before they bid. Bidder agrees that they have asked any and all questions regarding shipping, handling, and item condition before bidding. Buyer agrees that all questions asked regarding item condition or any other matter have been answered to their satisfaction.
Auctioneer shall not be responsible for Internet outages, service disruptions, data lag or other failures of Bidder’s bid placed via the Internet being not honored by Auctioneer.
Delivery: Upon closing of the online auction, Buyers will be invoiced and notified of their scheduled time and place to pick up items. If they choose, Buyers may have items picked up by a shipping service upon payment. No items will be delivered before payment as specified below. In any event, Buyers must pick up or arrange to have picked up all items within 5 (five) days of auction close.
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Payment
All sales are strictly for cash in United States dollars (including U.S. currency, bank wire transfers, personal or business checks for amounts less than $3,000, and credit card payments; all subject to reporting requirements). Payment shall be made by wire transfer for invoices totaling $3,000 or higher (no split tender). Invoices totaling less than $3,000 may be paid via cash, wire transfer, personal or business check, or by credit card (Mastercard, Visa, Discover, American Express)
Buyer is responsible for and agrees to pay all duties, customs, taxes, VAT, and other fees associated with the purchase of the item.
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All payments are subject to clearing and funds being received in Auctioneer’s account before delivery of the purchases. Auctioneer reserves the right to determine if a check constitutes "good funds" when drawn on a U.S. bank for ten days, and thirty days when drawn on an international bank. Credit Card (Visa or Master Card only) may be accepted up to $3,000 from non-dealers at the sole discretion of the Auctioneer, subject to the following limitations:
sales are only to the cardholder,
purchases are shipped to the cardholder’s registered and verified address,
Auctioneer may pre-approve the cardholder’s credit line, and must transact immediately upon invoice presentation,
rights of return are governed by these Terms and Conditions, which supersede those conditions promulgated by the card issuer,
Payment is due upon closing of the Auction session, or upon presentment of an invoice. Auctioneer reserves the right to void an invoice if payment in full is not received within 7 days after the close of the Auction. In cases of nonpayment, Auctioneer's election to void a sale does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and Buyer's premium) on the lot and any other damages pertaining to the lot.
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Lots delivered to you, or your representative are subject to all applicable state and local taxes, unless appropriate permits are on file with Auctioneer. Bidder agrees to pay Auctioneer the actual amount of tax due in the event that sales tax is not properly collected due to:
an expired, inaccurate, inappropriate tax certificate or declaration,
an incorrect interpretation of the applicable statute,
or any other reason. The appropriate form or certificate must be on file at and verified by Auctioneer five days prior to Auction or tax must be paid; only if such form or certificate is received by Auctioneer within 4 days after the Auction can a refund of tax paid be made. Lots from different Auctions may not be aggregated for sales tax purposes.
Auctioneer reserves the right to require payment in full in good funds before delivery of the merchandise.
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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 any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate allowed by law from the date of invoice until paid. Any invoice not paid when due will bear a three percent (3%) late fee on the invoice amount or three percent (3%) of any installment that is past due.
If the Auctioneer refers any invoice to an attorney for collection, the Buyer agrees to pay attorney's fees, court costs, and other collection costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal staff, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
In the event a successful Bidder fails to pay any amounts due, Auctioneer reserves the right to sell the lot(s) securing the invoice to any under bidders in the Auction that the lot(s) appeared, or at subsequent private or public sale, or re-list the lot(s) in a future auction conducted by Auctioneer. A defaulting Bidder agrees to pay for the reasonable costs of resale (including a 30% seller’s commission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is liable to pay any difference between his total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the lot(s) less the 30% seller’s commissions, if sold at an Auctioneer’s auction
Returned Checks: All bidders paying with a check agree to have the value of the check purchase, plus any bank fees placed as a sale,charged against a credit card number on file with the Auctioneer in event of a check being returned for insufficient funds or a closed account.
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Auctioneer shall have a lien against the merchandise purchased by the Buyer to secure payment of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of any other property of the Buyer then held by the Auctioneer or its affiliates to secure payment of any Auction invoice or any other amounts due the Auctioneer or affiliates from the Buyer. With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor under the Uniform Commercial Code, including but not limited to the right of sale.
In addition, with respect to payment of the Auction invoice(s), the Buyer waives any and all rights of offset he might otherwise have against the Auctioneer and the consignor of the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any account, 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.
It is the responsibility of the Buyer to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.
Items not picked up/Items with outstanding shipping charges: Items being picked up by the Buyer, within the time frame stipulated in paragraph 6 will be re-sold to pay for storage costs. Storage cost shall accrue at a rate of $25/day
Buyer’s Premiums: Buyer agrees to pay an 18% Buyers Premium on all online bids, reduced to 15% if Buyer pays with cash or check.
Disputes. Auctioneer and Bidder hereby agree to submit any dispute arising out of or relating to this Agreement to an arbitration panel of three neutral persons selected by Auctioneer. If Bidder disapproves of the panel, Bidder shall within ten (10) days after receiving notice of selection of the panel initiate arbitration before the American Arbitration Association (“AAA”) using its rules for commercial arbitrations except that all AAA fees and costs shall be paid by Bidder. If Bidder fails to timely initiate arbitration through AAA or to pay AAA fees and costs, Auctioneer may resume arbitration through a neutral arbitration panel selected by Auctioneer. The decision of arbitration will be final and binding upon all parties. Notwithstanding anything contained in this Agreement to the contrary, Auctioneer hereby reserves the right to seek any action against Bidder in a court of competent jurisdiction. Any action or suit of any kind relating to this Agreement must be commenced within one (1) year from the date when the cause of action or claim accrued or it shall be forever barred. The right of action or suit shall accrue, and the one (1) year limitation period shall begin to run, on the date the breach, damage, or injury is sustained and not when the resulting cost, damage, harm or loss is discovered. Auctioneer shall not under any circumstances be liable to Bidder for any consequential damages to Bidder, and Bidder shall not hold Auctioneer liable for failure of any successful bidder to complete transaction.
Attorney Fees: Bidder agrees to be responsible for seller's and or auctioneer's attorney fees and, or collection fees in disputes regarding any auction should any arise.
Governing Law; Jury Waiver. This Agreement shall be governed by and construed in accordance with the laws of the State of Maine, and any action or proceeding arising hereunder shall be brought in the courts of the State of Maine. If any such action or proceeding arises under the Constitution, laws or treaties of the United States of America, or if there is a diversity of citizenship between the parties hereto, so that suit may be brought in a United States District Court, it shall be brought in the United States District Court for the District of Maine. The invalidation of one or more terms of this Agreement shall not affect the validity of the remaining terms. AUCTIONEER AND SELLER HEREBY WAIVE THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN CONNECTION WITH THIS AGREEMENT BROUGHT BY EITHER PARTY AGAINST THE OTHER PARTY.
Except as expressly provided to the contrary herein, each section, part, term and/or provision of this Agreement shall be considered severable; and if, for any reason any section, part, term or provision herein is determined to be invalid, unenforceable or contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other sections, parts, terms and provisions of this Agreement as may remain otherwise intelligible, and the latter shall continue to be given full force and effect and bind the Parties hereto; and said invalid or unenforceable sections, parts, terms or provisions shall be deemed to be replaced with a provision that is valid and enforceable and most nearly reflects the original intent of the invalid or unenforceable provision.