Mid Century Modern Musician Estate Sale

Terms

These Terms and Conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL of the terms of this contract. By bidding, you agree to all terms defined below.

IMPORTANT TERMS AND CONDITIONS:

Our team receives anywhere from 500 - 1000 emails for each sale once the auction is posted online - we sincerely do our best to respond in a timely manner to each inquiry, but we do ask for patience and consideration regarding our attempts to field this many questions. Questions that are sent during non-business hours (between 8pm and 8am) will not be reviewed until business opens. We do not respond to emails on Sunday unless there is a pickup day scheduled - please do not expect a response if you email us on Sunday until the following Monday during business hours at earliest.

We do not have the ability to accept or respond adequately to unexpected phone call inquiries - please direct all questions, concerns and general inquiries regarding this auction via email to ensure the most prompt response.

*** Some buyers have given feedback that the online platform we use "does not let me follow items". We understand this is a feature that you desire but we are unfortunately unable to force another company to offer a service that is not currently an option. If you would like to "follow" any item in our auction, we suggest using the "Favorite" or "Bookmark" option on your Internet Browser's option menu. This will allow for you to quickly return to the specific item from a nicely organized list and the Bookmarks can easily be deleted once the auction concludes. ***

If you experience any technical issues with the auction, please contact the auction platform as we are not qualified or able to provide any information relating to any problems that you may encounter during the auction. We do not control any part of the bid process, cannot cancel or alter your bid and are unable to assist with any technical issues.

A 10% Buyers Premium (in addition to applicable Sales Tax) will be charged to any item which covers the cost of the Auction platform service fee in addition to administrative costs associated with running sales this way. We are happy to discuss in person the many specific ways we appropriate the additional resources from the Buyers Premium to ensure the highest possible levels of customer satisfaction.

Please do not bid on any item unless you have reviewed all dimensions, pictures and other characteristics and also asked any questions or voiced concerns that may prevent you from being completely satisfied.

If you don't see it in the picture, it is NOT INCLUDED. We are happy to investigate if a component is not shown, but please do not bid on an item and expect something that is not shown to be delivered.

We DO NOT SHIP items in our ONLINE ONLY auctions - this is a non-negotiable. DO NOT bid on an item and then attempt to force our team to act as couriers or shipping clerks. Any online auction we host is LOCAL PICKUP ONLY. We invite out-of-state bidders but we must insist that you pre-arrange appropriate means of collecting anything you hopefully win.

Due to bidders who have bid but not paid and buyers who fail to adhere to our Contactless Payment policy, we are now enacting an Invoice-Free system to ensure that every winning bidder pays the amount due while also cooperating with our Contactless Payment system. At the conclusion of each auction, we will automatically charge the debit/credit card you have on file for the total amount due (including buyer's premium of 10% and appropriate Sales Tax) so there is no need to search for or inquire about an invoice. If your card returns "insufficient funds" when automatically charged, we will send you a direct notification to inform you of the issue. If your card returns "insufficient funds" on the 2nd attempt, we will immediately block you from participating in any future auctions for lack of payment and general disrespect of the platform. PLEASE do not bid on items if you do not have money in the account to cover your purchase(s).

PLEASE do not bid on items if you do not have the appropriate amount of muscle to move the item safely (this means not damaging the home on the way out). Any damage caused during transport of items from any Auction are the SOLE responsibility of the buyer and their movers. Any large items that are moved will be supervised by our team from start to finish and any damage will be immediately documented so the homeowner can contact you for appropriate compensation. We reserve the right to refuse transport of any large item if you show up and attempt to insist on moving something when we know it will end up either hurting someone or causing damage. Any injuries or other related accidents that occur on the premises as a result of a buyer attempting to remove their items from the home is the SOLE liability of the person involved. By entering the premises to collect your item, you are releasing Ms. Museum Estate Sales LLC from any liability related to your actions.

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All bidders must be 18 years of age or older and provide identification as verification upon request. All bidders and others participating in this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and forever indemnify Auctioneer, it’s employees, agents, and assigns, from any liability and causes of action.

All property is sold “as is, where is” without any warranty or guarantee, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES or REFUSALS. As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. The BUYER assumes full responsibility for any item purchased AT THE TIME IT IS SOLD. In no event shall a bidder or buyer hold the Auctioneer responsible for having made or implied any warranty or merchantability or fitness for any specific purpose.

The Auctioneer is acting solely as an agent for the Seller. The Auctioneer shall assume no liability for representations made, or information provided by the Seller. The Seller reserves the right to accept or reject any or all bids. This is a Public Auction and as such, all qualified bidders may bid, including Ms. Museum Estate Sale owners, family members and employees.

Bid cards and bidder registration numbers are issued solely to individuals and are not transferable. Others are not authorized to use your bidder registration. Should you allow others to bid under your number, you will be fully responsible for all bids they make as though you made them yourself.

Removal of any and all items shall be at the expense, liability and risk of the purchaser. All property must be removed within the time period announced by the Auctioneer for each auction. Property not removed within the announced time period will revert to the Seller for resale or disposal, without refund or recourse to the bidder. Property not removed shall be considered abandoned and no refunds shall be issued. The Seller, at his or her discretion, may choose to have unclaimed items removed or disposed of at the expense of the Bidder who failed to collect the items. By participating in this auction, you agree to pay the removal costs of any unclaimed items that you won in the auction.

Announcements made at the time of the sale take precedence over conflicting announcements or postings. The Auctioneer reserves the right to determine bidding increments at his or her discretion, and may reject a nominal or fractional bid. The Seller and the Auctioneer reserve the right to withdraw items from sale before or during the auction without prior notice.
The Auction Firm is acting solely as the agent for the Seller and is not responsible for any acts or omissions of its principals.

Should any litigation or mediation be commenced between the parties to this agreement, concerning this agreement or the associated auction, the bidder / buyer agrees that the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.

Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Larimer County, Colorado. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Colorado. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts.
Any Bidder who fails to perform as required under these terms and conditions may be banned from this or any future auctions.

Payment TERMS:

Credit Cards/Debit Cards are the only payment forms accepted. To participate, you must have a credit card on file before any activity can begin. By participating in this auction, buyers expressly agree that they will not “charge back” or “deny” a credit card purchase. At the end of the auction, total due for each buyer will be automatically charged so no invoice request will be necessary.

There is a $35 service fee that will be assessed for any credit card that is declined for a purchase.

Pick-Up / Shipping

Items may be picked up at the designated Pick-up Location ONLY. Items not picked up during the designated pick-up times will be deemed abandoned and will revert back to us with no refunds. We are not a storage company and do not have the ability to remove any items for "later pickup".

On-Line Auctions

Neither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid. Registered bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password.

It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all items. Auctioneer does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidders shall be the sole judges of value. It is Bidder's responsibility to determine if any item is legal where they live.

By placing a bid, Bidder agrees to all terms and acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. Even though an item may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the bidder receives an invoice. Auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses.

Bidding increments are automatically adjusted based on the chart provided for each auction, and are subject to change at the sole discretion of Ms. Museum Estate Sales.

Bids cannot and will not be removed or altered.