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TERMS AND CONDITIONS:
By registering to bid or placing a bid you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All Absentee or Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person.
1. All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Burnt Chimney Auction, of any liability.
2. All property is sold AS IS, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. BURNT CHIMNEY AUCTION may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall BURNT CHIMNEY AUCTION be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Catalog descriptions are for simple identification purposes only, no representations are made to the authenticity, age, origin or value. Bidders should rely solely on personal inspection, please take advantage of any preview to inspect item
3. All Onsite Bidders agree to pay a 13% buyers premium a 3 Percent Discount will be giving if paying by cash or check,. State sales tax law, if applicable, will be applied. Phone/Absentee Bid Terms 18% Buyers Premium 3 Percent Discount if you will be picking up and Paying by Cash, Online Bidding 18% Buyers Premium, No out of State Check will be accepted, we will accept Credit Cards for out of state customers.
4. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. BURNT CHIMNEY AUCTION shall endeavor to describe in detail each item and any pertinent information about it. BURNT CHIMNEY AUCTION will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is without Guarantee or Warranty of Any Kind and that they may not return any item they purchase for any reason. Bidder agrees that under no circumstances whatsoever will BURNT CHIMNEY AUCTION ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. 25% Restocking Fee will Apply to Returned Items
5. BURNT CHIMNEY AUCTION At times Burnt Chimney Auction will Provide Internet Bidding On Some of our Auctions providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against BURNT CHIMNEY AUCTION or anyone else if the Internet service fails to work correctly before or during the live auction. BURNT CHIMNEY AUCTION will not be responsible for any missed bids from any source. BURNT CHIMNEY AUCTION reserves the right to withdraw or re-catalog items in this auction.
6. The auctioneer shall advance the bidding at his own discretion. BURNT CHIMNEY AUCTION may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. The record of the auction made by BURNT CHIMNEY AUCTION shall be conclusive.
7. When the auctioneer says sold the Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment shall be in Cash, Approved Check, VISA or MasterCard. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Bidder agrees to indemnify BURNT CHIMNEY AUCTION against any claim if sales tax is not collected on Bidders purchases. Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Title to the merchandise transfers to Bidder only when Bidders payment has been honored.
8. The auction company can arrange for packing and shipping. Packing and shipping costs are the sole responsibility of the buyer and may be quoted before shipping. Fragile items and purchases will be shipped by a professional packer and may result in higher shipping costs. All items will be insured for the purchase price and each item won will carry a $10.00 Handling Fee & Shipping Charges. Our first priority is to deliver your purchase in excellent condition. Any merchandise not removed within 10 days by bidder may be moved and stored at bidders expense, resold at the next auction or disposed of in any other way BURNT CHIMNEY AUCTION deems to be suitable. Bidder shall have no claim to merchandise not removed by the above date.
9. Bidder agrees that this agreement shall be governed by the laws of the state of Virginia and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Virginia. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between BURNT CHIMNEY AUCTION and Bidder.
10. BURNT CHIMNEY AUCTION may refuse a buyers number to anyone for any reason. Bidder agrees to provide any identification BURNT CHIMNEY AUCTION may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
11. Bidders agrees to pay any and all charges and expenses incurred by reason of any breach of terms and conditions of auction in case of default, including, without limitation, reasonable attorneys fee, as well as any dollar deficiencies which may result in the resale of the property and the cost of remarketing said property. Additional commissions shall be due and payable.
12. Unless advertised as an "absolute" auction, if the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction and, having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance.
13. The above statement Terms & conditions of Auction cannot be altered except in writing by all parties of the contract or by verbal changes to terms givien by Auctioneer at time of auction.
We want you to be happy with your purchases. If you have questions about the merchandise the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for your patronage.