Terms and Conditions for all of our Auctions
Payment & Bidder Agreement
The following, as amended by any posted notices or announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold byLAGUNA BEACH AUCTION HOUSE (LBAH). PLEASE READ THIS ENTIRE AGREEMENT.
TERMS AND CONDITIONS OF SALE
1. All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL – NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. LBAH attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question.
2. All property is sold AS IS, WHERE IS and neither LBAH nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.
3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on LBAH’s part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, LBAH’s sale record is conclusive.
4. The purchaser assumes full responsibility for items at the fall of the hammer.
5. A 25% buyer’s premium will be added to the hammer price on each lot sold.
6. For all residents of California, 9% sales tax will be added to your invoice.
7. PAYMENT: ALL INVOICES MUST BE SETTLED WITHIN 24 HOURS OF RECEIVING THE INVOICE. ALL INVOICES OVER 5,000 MUST BE OAUD VIUA WIRE TRANSFER. We accept bank wire transfers, ACH, ZELLE, personal or company check, cashier’s check, money order, Visa, MasterCard, Discover and American Express. We do not accept PayPal payments. For items purchased online, you will be emailed an invoice within 24 hours after the auction. It is your responsibility to contact us at (949)424-1199 or email us at firstname.lastname@example.org if you are unable to pay through our online check-out system. If paying by check, money order, or cashier’s check, LBAH reserves the right to hold all purchases until the check has cleared to the satisfaction of LBAH and its bank. International customers are encouraged to contact us in advance of purchase to determine shipping costs. BUYERS ARE RESPONSIBLE FOR ALL INTERNATIONAL CUSTOMS DUTIES AND/OR TAXES. We are not told in advance of what a given country may charge for customs duties and/or taxes. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. IF THERE EVER IS A CASE OF A REFUND BEING ISSUED, YOU WILL BE CHARGED A 15% RESTOCKING FEE AND YOU WILL BE RESPONSIBLE TO PAY SHIPPING FEES AND BUYER’S PREMIUMS WILL NOT BE REFUNDED. PLEASE BID RESPONSIBLY AND ASK ALL QUESTIONS PRIOR TO PLACING A BID.
8. LBAH reserves the right to withdraw any lot at any time before, during, or after the auction without liability.
9. The auctioneer reserves the right to reject any bid at any time and as his sole discretion.
10. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling or resale price.
11. On the fall of the auctioneer’s hammer, ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full purchase price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, we at our option may either, a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney’s fees, incidental damages, and all other charges due hereunder. In the event that such a buyer pays a portion of the purchase price for any or all lots purchased, LBAH shall apply the payment received to such lot or lots that LBAH, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees and expenses. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser’s obligations to us, any property in our possession owned by such purchaser.
12. In the unlikely event we lose our internet connection, LBAH reserves the right in its sole and absolute discretion to cancel the remainder of the auction.
13. *Auctioneer has final discretion on sale of an item. His word is final.*
14. Limit of Liability: In no event will Auction Management be liable for incidental, indirect, consequential damages of any kind. The maximum cumulative liability relative to all other claims, liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured, will not exceed the cost of the products giving rise to the claim or liability. Any action against LBAH must be brought within six (6) months after the cause of action accrues. These disclaimers and limitations of liability will apply regardless of any other contrary provision of the Agreement and regardless of the form of action, whether in contract, tort or otherwise, and further will extend to the benefit of Auction Managements vendors, appointed distributors, other authorized resellers as third-party beneficiaries. Each provision in the Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
15. Attorney’s Fees: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under these terms (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Bidding Card, the prevailing party shall be awarded its reasonable attorney’s fees, and expenses incurred.
**IMPORTANT – PLEASE READ**
AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY LBAH A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 15% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER’S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYER’S PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN.
Shipping & Handling
Shipping prices are for both Shipping and Handling:
– Small items, – $25.00 each item, may not combine purchases to save on shipping.
– Most Handbags – $35.00, may not combine purchases to save on shipping.
– Watches & Jewelry – $35.00, may not combine purchases to save on shipping.
– Guitars – $100.00, may not combine purchases to save on shipping.
– Full Sized Helmets, Footballs, Basketballs, Baseball Bats, Shoes, Boxing Gloves etc. – $65.00, may not combine purchases to save on shipping.
– Small Framed Items (12”x12”) – $45.00, may not combine purchases to save on shipping.
– Medium Framed Items (30”x30”) – $65.00, may not combine purchases to save on shipping.
– Large Framed Items (50”x50”) – $85.00, may not combine purchases to save on shipping.
– Oversized Framed Items – $125.00, may not combine purchases to save on shipping.
Will Call of items is not allowed. Coming to our offices to view items is also not allowed. ***INSURANCE INCLUDED IN ABOVE PRICES*** ***IMPORTANT*** YOU MAY NOT COMBINE PURCHASES TO SAVE ON SHIPPING. – Should expedited shipping be requested, additional fees will apply. – We reserve the right to adjust shipping charges. – Additional fees apply when shipping Internationally. – Please be sure that you understand our shipping policies prior to bidding. If you are unclear, please contact us at email@example.com for clarification. If you are still unsure, please enjoy the auction, however, please do not bid.
Regarding Memorabilia Items – All autographs come with a Third-Party Certificate of Authenticity from either PSA/DNA, Global Authentication, Bang the Gavel Auction Services, Spence Authentication, UDA, Online Authentics or another reputable memorabilia authenticator. Seized Assets Auctioneers is not responsible for the opinions of any of the third-party authenticators. Please email us at firstname.lastname@example.org with any specific questions.
When applicable per California state law Sales Tax will apply unless a valid and current CA resale license/permit is provided prior to payment of invoice. Customers residing outside the United States are advised that they are SOLELY responsible for any customs duties or taxes their country may charge.
Placing a bid is a legally binding contract and by placing a bid you agree to the terms and conditions of the auction. You acknowledge and represent that you have read these Terms & Condition in their entirety, understand it and place bids voluntarily as your own free act and deed; no oral representation, statements, or inducements, apart from the foregoing written agreement, have been made; You am at least eighteen (18) years of age and fully competent; and You execute your online bids for full, adequate and complete consideration fully intending to be bound by its terms.