It’s that time to read over the rules and regs. Have fun reading and if you have any questions or are confused, don’t hesitate to contact us.
I HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION, AND SALES.
I HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
I FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL PURCHASES CHARGED TO MY BIDDER NUMBER AND GRANT A SECURITY INTEREST TO THE SELLER IN ALL PROPERTY PURCHASED TO SECURE PAYMENT IN FULL.
The property in today's sale will be offered for sale by BidAmi.com LLC ("BidAmi") on behalf of the owners of the property, referred to as the "seller," and will be governed by the terms and conditions set forth herein (the "Agreement"). BIDAMI is the agent of the seller.
All persons who wish to bid in the auction or want to purchase from the Store must
register and obtain a unique bidder number. To register, Buyer must provide all
of the registration information requested, and sign the Agreement by “checking the
I AGREE” box. By checking this box, you acknowledge that you are binding yourself
to this contractual agreement. Bidders must be 18 years of age or older and have
a valid driver's license. BIDAMI reserves the right to refuse to register or admit
any person at its sole discretion. Buyer may register his or her auction account
by phone, e-mail, or Internet. Internet registration is closed during the last two
(2) days of an open auction. Buyer may, however, call BIDAMI and attempt to register
during this time.
A credit card or credit reference is taken along with any other pertinent information for verification. Invoices and correspondence relating to purchases will be sent in according to the information on the bidder's registration. You registration will be accepted but will information will be verified and your account may be disabled until necessary information is provided to verify the account.
Payment in full (including the buyer's premium when applicable) must be paid by Buyer in the form of cash, checks, money order, and all major credit cards (if you have a question about whether a credit card is accepted please call BIDAMI before the sale), prior to the removal/delivery of any property purchased. Money orders are preferred. Check can take up to fourteen (14) days to clear. BIDAMI reserves the right to refuse credit card payments on any Lot. Buyer shall pay the purchase price, the buyer's premium, shipping and handling charges (if any), plus any and all applicable taxes, unless such taxes are exempted by law (proof of exemption must be provided). Payment is expected within seven (7) days after notification. Unclaimed Lots will be offered by BIDAMI to the next highest bidder or re-listed. Failure to fulfill Buyer's payment obligations will affect future bidding privileges.
A buyer's premium will be charged in this sale. The buyer's premium is an advertised percentage of the high bid or flat fee added to the high bid to determine the total contract price to be paid by Buyer. For each Lot won a twenty percent (20%) buyer's premium will be added to the amount of the high bid. For example, if the high bid is $100 and there is a twenty percent (20%) buyer's premium, the premium will be $20.00, for a total bid of $120.00. Also shipping, handling, and tax (for residents of the State of Nevada) will be added to the total purchase price. Shipping amount is based on the real-time USPS rate lookup based on total weight of the Lots won. BIDAMI's handling fee is a flat rate of $10.00 per sale, invoice not per Lot. The buyer's premium does not create any agency relationship between Buyer and BIDAMI. BIDAMI is the agent of the seller only.
An auction starts and will close on the dates specified on BIDAMI's home page. However, BIDAMI follows the 15-minute rule. This rule means that the auction can continue for verified bidders that have bid on any particular lot prior to the 8:00 p.m. close. The auction does not close PER ITEM, but rather only closes when there has been no activity for the ENTIRE auction for 15 minutes. So it is possible for an item to sit for over 15 minutes without a bid as long as there is other activity in the auction, that item will remain open. The auction has ended when BIDAMI's recording and web site indicate BidAmi.com auction is closed." At the top of the Auction page, there will be announcements of the 15 Minute Rule and the auction slowing down and getting ready to close. Please see the top of the Auction page where it states “Auction Is Open”, this will change as the auction is nearing the close."
Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order of a check, or giving a check which is returned marked "insufficient funds," shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
All representations and/or warranties made, if any, are between Buyer and Seller. BIDAMI shall not be held responsible for the correctness of any representations and/or warranties of any kind with respect to the property. BIDAMI shall not be held responsible for any representations and/or genuineness of description of any property or inability to fulfill the order, whether the item had been lost or has become unavailable. . Unless otherwise expressly noted by BIDAMI, ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS" - THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ON THE LOT OR LOTS. Any and all warranties (unless expressly noted otherwise) are disclaimed and waived by Buyer.
Buyer acknowledges that he/she has been provided the opportunity to inspect the property before purchasing same and Buyer has/has not inspected the property at his or her sole discretion. ALL SALES ARE FINAL. Buyer is solely responsible for determining the condition of any property. For detailed Lot descriptions, please call BEFORE that auction ends. For every bidder's convenience, all Lots can be shown by appointment.
Unless explicitly stated otherwise by BIDAMI, each Lot is being sold with reserve as a reserve auction. These terms are applicable to all reserve auctions. BIDAMI and seller reserve the right to withdraw any property before and during the sale of such property. The seller also reserves the right to reject any and all bids for any reason. The reserve price may not be disclosed. All bids are raised in ten percent (10%) increments and BIDAMI, at its sole and complete discretion, may reject a nominal bid advance. BIDAMI reserves the right to place a bid on any Lot on behalf of the seller up to the amount of the reserve, if any. BIDAMI will not specifically identify bids placed on behalf of the seller.
All Lots are being sold with a "reserve," a price below which the Lot will not be sold. Any bid submitted below the reserve price will not result in the purchase of a Lot.
Bidder authorizes BIDAMI to execute any memorandum of sale on behalf on and in the name of Bidder, or in BIDAMI's own name, in connection with the purchase of any lot, in accordance with Bidder's bid.
All rights granted herein are personal and exclusive to the registered Bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. Thank you for submitting your bid. If you have any questions, please contact BIDAMI immediately.
In case of any dispute between bidders, BIDAMI, at its sole and complete discretion, may reopen the bidding pursuant to specific terms determined by BIDAMI between the two highest bidders only, until the property is sold. If a dispute arises after the sale of any lot, BIDAMI's records shall be deemed conclusive in all respects.
It is the responsibility of the bidder to make sure that BIDAMI is aware of his or her intent to place a bid. BIDAMI accepts telephone (800-430-0667) and Internet (www.BidAmi.com) bids. On the day of auction, callbacks can be easily arranged, but are provided as a "non-guaranteed service." Every effort is made to efficiently execute all callbacks. BIDAMI disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. BIDAMI is not responsible for errors in bidding. Bids are raised in ten percent (10%) increments. Once Buyer submits a bid, it cannot be retracted or withdrawn. The sale is complete when the BIDAMI so announces.
BIDAMI reserves the right to refuse to accept any or all bids (whatever the method) by Buyer. In addition, BIDAMI may disqualify any bidder believed to be acting in a fraudulent, illegitimate, not in good faith, manner. BIDAMI may also disqualify any bids made by someone who is not competent, or made in violation of this Agreement or any applicable law.
Buyer may be able to bid on Lots at this Auction through the Internet. The terms
in this paragraph apply only to individuals bidding on-line via the Internet.
(A) Buyer acknowledges that BIDAMI does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that the BIDAMI may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, BIDAMI shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of BIDAMI. Use of the Internet bidding option through any website is at your own risk. To ensure proper bidding, Buyer should be careful.
(B) Buyer must register and obtain a bid number to participate in the auction. In connection with such registration, Buyer will be required to provide a credit card number (Visa, Master Card, American Express, or Discover). Please follow the instructions carefully to make sure that the registration process is complete and accepted.
(C) Buyer will be e-mailed final registration approval upon successful completion of the registration process. Registration for Internet bidding closes forty-eight (48) hours prior to the auction. Buyer should register as early as possible to obtain information about the properties and increase the likelihood of being notified of any pertinent changes that take place prior to the auction.
(D) The website is administered by BIDAMI from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. BIDAMI will not accept bids from individuals who reside outside of the United States of America and its territories. If you access the website from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws
(E) The bid number, authorization, and login information given to Buyer upon successful registering to bid shall only be used by Buyer during the auction to bid on the properties. The registration is not transferable or assignable. No one else may register for Buyer or participate on Buyer's behalf.
(F)) BIDAMI reserves the right to deny any person for any reason permission or access to bid online.
The successful bidders will be notified by phone and/or e-mail within two to four business days after the auction close.
Neither BIDAMI nor seller shall be liable for any damage and/or injury to any property and/or person at and/or upon the sale premises. Each person entering upon the sale premises assumes any and all risks whatsoever for his or her safety (and for any minors with him or her). BIDAMI IS NOT RESPONSIBLE FOR ANY LOST, STOLEN, OR DAMAGED PROPERTY
If this Agreement, or any terms and conditions announced by BIDAMI, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, BIDAMI and seller may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. BIDAMI's commissions, all incidental damages, expenses, court costs, costs of collection and/or attorneys' fees will be charged to and be the responsibility of the non-complying Buyer.
Buyer authorizes BIDAMI to execute any memorandum of sale on behalf of and in the name of Buyer, or in BIDAMI's own name, in connection with the purchase of any lot, in accordance with his or her bid.
BIDAMI acts solely as an agent for seller and is not a party to any contract for the sale of any property offered by the seller for sale and/or sold at this auction. IN NO EVENT SHALL BIDAMI BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. BIDAMI'S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER'S PREMIUM, AND TAXES PAID BY BIDDER TO BIDAMI, REGARDLESS OF WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
All sales are to be per lot, unless otherwise mentioned by the BIDAMI. BIDAMI reserves the right to include in the auction any Lot and the right to withdrawal any Lot prior to calling for bids at the beginning of the auction. BIDAMI may combine, subdivide, regroup or reorganize any Lots.
BIDAMI has a right to have third-party authenticator examine all Lots, except as noted below, in the auction. Buyer should not bid on a Lot if he or she is uncomfortable with the authenticator. For cards and autographs appearing without professionally grading, we strive to accurately assess quality. However, BIDAMI does not guarantee their opinion and Buyer assumes the risk. BIDAMI is not responsible if a professional evaluation disagrees with BIDAMI's opinion.
No photographs, tape recordings and/or video recordings of any type are permitted without the express written prior approval of BIDAMI.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Nevada, Clark County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Nevada. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Clark County, State of Nevada, or the United States District Court, located in the State of Nevada.
We may amend this Listing Consignment Agreement at any time by posting the amended terms on www.BidAmi.com. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. All amended terms shall automatically be effective immediately after they are initially posted. Additionally, we will notify you through the email.