Conditions of Sale
NOTICE TO BIDDERS:
Towsonline Auction reserves the right to change the online sale terms and conditions. Bidders are cautioned to periodically review these terms and conditions for possible changes.
ALL SALES ARE FINAL WITH NO RETURNS AND NO EXCEPTIONS. Bidding in this auction sale constitutes acceptance by you ("Bidder") of all the Terms of Sale stated herein. Please keep in mind that Towsonline Auctions is in NO way a retail store. We are online Auctioneers & Liquidators and so forth, ALL SALES ARE FINAL, NO CREDITS OR REFUNDS of any kind are given. All items are sold "AS IS, WHERE IS, with all faults, known & unknown, with NO guaranties or WARRANTIES expressed or implied, of any kind, by the lot number affixed to the item, including but not limited to condition, authenticity or testing, completeness, suitability, fitness or merchantability for any purpose. You are bidding and buying based upon your own inspection, your own determination of value, and your own decision to bid. Fakes & Forgeries may be present in any sale: LIVE PREVIEW OR INSPECTION IS YOUR BEST PROTECTION! Towsonline Auction takes no responsibility for errors or omissions of any kind, including catalog descriptions and photographs. Keep in mind that most auctioned items are used and may have light surface scratches, defects, damages, repairs and or dents /dings. Preview is suggested in order to gauge the condition of each piece. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. All descriptions are made in good faith, however, PREVIEW OR INSPECTION IS HIGHLY RECOMMENDED to gauge the exact nature and condition of all pieces.
ACCEPTANCE PERIOD:
By marking the required box at the end of the online sale terms and conditions during registration and submitting a bid, the bidder agrees to the Terms and Conditions of sale and to pay for and remove the property by the dates and times specified in the contract award email notification, if the bid is accepted. This is an ONLINE ONLY AUCTION and has predetermined removal dates and times, NO refunds or chargeback's will be granted due to a lack of removal at the designated times.
1. AGENCY. Towsonline Auction acts as agent for the sellers of all property described in all catalogues. The contract for the sale of each item is a contract between the owner of the item and the successful bidder for the item.
2. PRESALE ACTIVITY
A. INSPECTIONS. You are strongly advised to personally inspect and examine any items that you contemplate bidding for. If you purchase any item sight unseen, you accept all responsibility for such purchase; without limitation, you accept any defects, damages, past repairs, irregularities, and all other physical conditions that could have been determined by your inspection of the property. If the results of your inspection and/or evaluation of any property leave uncertainty in your mind as to any matter you deem relevant to your potential purchase, Towsonline Auction recommends you have an expert examine the lot for you or do not bid on the item in question. Neither Towsonline Auction nor the seller made any warranty or guaranty as to property offered at auction.
B. DESCRIPTIONS. Written descriptions, including without limitation catalogue and internet descriptions and condition reports, are our opinions only, and should not be construed or relied upon as statements of fact nor as guarantees of any kind. Such statements do not constitute a representation, warranty or assumption of liability of any kind by us. Towsonline Auction is not responsible or liable for the correctness of the catalogue, internet listing, condition reports, or other descriptions. Any references to damage, repair or restoration are for guidance only and should be evaluated by personal inspection by the bidder; the absence of such references does not imply that an item is free from defects, repairs, or restoration, nor does a reference to particular defects, repairs or restorations imply the absence of others. All measurements are approximate.
C. IMAGES. All images in Towsonline Auction catalogues are for identification purposes only and are not intended to represent the actual color or clarity of the item being auctioned. All photos are of the actual items being auctioned unless otherwise noted in the catalogue or online listing.
D. ESTIMATES OF SELLING PRICE. Any estimate of the selling price of an item stated in our catalogue or internet listing is intended as a guide for prospective bidders. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However, all property can bring prices either above or below stated estimates. Stated estimates should not be relied upon as the value of the item, nor as a statement that this is the price at which the item will in fact sell.
E. BUYER'S RESPONSIBILITY. All property is sold "AS IS" without any representation or warranty of any kind by Towsonline Auction or the seller. Buyers are responsible for satisfying themselves as to all aspects of property condition and descriptions, including without limitation genuineness, attribution, provenance, authenticity, authorship, completeness, condition, damage, repairs, restorations, estimates of value, and all matters referred to in catalogue entries, internet descriptions, condition reports, and elsewhere.
3. CONDUCT OF SALE
A. ELIGIBILITY OF BIDDERS:
Bidders must be at least 18 years of age. Towsonline Auction may from time to time establish standards of qualification for bidders. Internet bidders must qualify through online bidding system.
B. REGISTRATION:
Prospective bidders are required to register prior to the auction. Internet bidders may register through Hibid.com or LiveAuctioneers.com, invaluable.com and auctionzip.com online bidding system. Towsonline Auction reserves the right, at its complete discretion, to refuse admission to the premises and/or participation in any auction, and to reject any bid. ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS OF SALE, THEY AGREE TO BE BOUND BY THESE TERMS OF SALE.
C.BIDDING:
a) PRIOR TO BIDDING, ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS OF SALE, THE DESCRIPTIONS FOR THE LOTS ON WHICH THEY HAVE BID AND THEY AGREE TO BE BOUND BY THESE TERMS OF SALE. WE WILL NOT REVERSE BIDS AT ANY POINT ONCE IT IS MADE, NO EXCEPTIONS.
b) Internet bidding is offered as a service to our customers, and prospective bidders shall not hold us responsible for any errors or failures in executing bids, nor shall they hold us responsible for any failure due to the loss of the auction applet supplied to us by online bidding software.
c) BIDDING ERRORS: Please be aware that bidders could and might purposely increase their own bids to price an item out of reach of other bidders. You should immediately review your bids before submitted. If you bid on the wrong item we will not reverse your bid please make sure and review all bids before submitting. We will not reverse bids after the auction has begun to close no exceptions.
D. ACCEPTANCE AND REJECTION OF BIDS:
Towsonline Auction reserves the right to accept or reject any bid for any reason whatsoever. The highest bidder acknowledged by Towsonline Auction will be the actual buyer. In the event of any dispute between bidders, or in the event of doubt on Towsonline Auction part as to the validity of any bid, Towsonline Auction will have the exclusive final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the item in dispute. Towsonline Auction is not responsible for any errors or omissions in connection therewith. Towsonline Auction shall be the sole arbitrator in case of any disputed bid.
E. RESERVES
It is the policy of Towsonline Auction to act as agent on behalf of the sellers; Unless advertised otherwise, some lots may be offered subject to a reserve. A reserve is the minimum price that the seller is willing to accept for the lot, which may or may not be disclosed, and which may be determined or modified at any time by written or verbal communication between the seller and Towosnline Auction through conclusion of the auction sale for that lot. If a reserve is established, it is generally at a percentage of the low estimate and will not exceed the low estimate for the lot. It is important for all bidders to know that Towsonline Auction may open the bidding on any lot by placing a bid on behalf of the seller, and may continue to bid on behalf of the seller up to the amount of the reserve price, either by placing consecutive bids or by placing bids in response to other bidders Towsonline Auction will not place consecutive bids on behalf of the seller above the reserve.
F. WITHDRAWAL OF LOTS
Towsonline Auction reserves the right to withdraw any lot before or during the sale and shall have no liability whatsoever for such withdrawal. No participant in the auction sale shall have a right to claim any damages, including consequential damages if a lot is withdrawn.
G. BIDDING INCREMENTS
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 100.00 10.00 USD
100.00 - 500.00 25.00 USD
500.00 - 1,000.00 50.00 USD
1,000.00 - 2,000.00 100.00 USD
2,000.00 - 5,000.00 250.00 USD
5,000.00 - 10,000.00 500.00 USD
10,000.00 - 20,000.00 1,000.00 USD
20,000.00 - 50,000.00 2,500.00 USD
50,000.00 - 100,000.00 5,000.00 USD
100,000.00 - 1,000,000.00 10,000.00 USD
H. WINNING BIDS:
Subject to Towsonline Auction 's discretion, the highest bidder accepted by Towsonline Auction will be the winning bidder; when the online bidding time expires this marks the acceptance of the highest bid and the entry of a contract between the seller and high bidder. The winning bidder assumes full responsibility and risk of loss for items purchased. Any person submitting bids on behalf of a corporation or other entity, by making such bid, agrees to be personally liable for the payment of the purchase price and any related charges and the performance of all Buyer obligations under the Terms of Sale. TOWSONLINE AUCTION IS NOT RESPONSIBLE FOR ANY ERRORS IN BIDDING. All Bidders should make certain to bid on the correct lot and that the bid is the bid intended. Once the online bidding time expires, the Buyer is unconditionally bound to pay for the lot, even if the Buyer made a mistake.
4. FOLLOWING THE SALE
A. INVOICE: The bidder acknowledges that the invoice describing a lot by number incorporates the catalog and Terms of Sale.Your invoice will be sent out with payment info at the conclusion of the auction.
B. BUYERS PREMIUM: A 23% buyer's premium will be added to your total purchase.
C. TAX: All purchases will be subject to a 6% Maryland sales tax unless: (1) The property purchased is for resale and a valid Resale Tax number is presented to Towsonline Auction at registration and the sales price is $200 or more. (2) The property is being shipped to a buyer located outside the state of Maryland. All applicable value added tax, sales tax, compensating use tax, or equivalent or other taxes shall be paid by the winning bidder.
D. PAYMENT:
Towsonline Auction accepts certified checks, Visa, Mastercard, Discover, Paypal as payment. Credit card payments are limited to a total invoice amount of $10,000. Wire transfers are encouraged and can be arranged through our accounting department. No personal checks will be accepted without prior approval. On any cash transactions or series of transactions exceeding $10,000, Treasury Form 8300 will be filed. All property must be paid within one week following the close of the auction. YOUR CREDIT CARD REGISTERED WILL BE AUTOMATICALLY CHARGED FOR YOUR FULL UNPAID INVOICE AMOUNT AFTER 7 DAYS PERIOD OF PAYMENT.
E. REMOVAL / SHIPPING
REMOVAL DATES & TIMES are posted within each specific auction. All lots left past the scheduled removal times will be relocated to our warehouse in Towson, Maryland. LOCAL PICKUP IS BY APPOINTMENT ONLY. All lots must be paid and removed within 7 days after the auction or they are subject to a storage fee of $10.00 per lot per day. Towsonline Auction will not be held responsible for loss or damage to items left on premises over 7 days. Towsonline Auction reserves the right to re-auction without reserve, items not removed or not paid for over 21 days.
If successful bidder appoints/designates another person or agent to remove property on his/her behalf, the successful bidder must provide the person or agent assigned, authorization allowing them to remove the subject property. The authorized release forms could be downloaded from our website (http://towsonlineauction.com/release-forms/) . The person must present a photo ID, Invoice and a signed Release Forms to verify proof of purchase prior to removal, otherwise removal will not be permitted.
PACKING AND SHIPPING:
SHIPPING OF PURCHASED PROPERTY IS THE RESPONSIBILITY OF THE BUYER. Towsonline Auction do not ship, but recommend local outlets. Please contact the shippers directly. Customers may arrange for services by one of those agents or one of their own choosing to pack and ship the property. The Authorized Release Forms must be filled out and signed before we can release the winning lots to buyer's designated shipper. The forms are available on our website http://towsonlineauction.com/release-forms/.
Please contact the shippers directly:
The UPS store #3326, contact Peter at (410)821-0804, Email: store3326@theupsstore.com.
The UPS store #0542, contact Divyesh at (410)683-1303, Email: store0542@theupsstore.com.
ONCE ITEMS ARE RELEASED, EITHER TO WINNING BIDDER OR TO A THIRD PARTY, SUCH AS A MOVING/SHIPPING COMPANY, TOWSONLINE AUCTION DOES NOT ASSUME ANY LIABILITY AND WILL NOT BE HOLD RESPONSIBLE FOR DAMAGES, LOSS AND/OR MISSING PARTS.
F. REMEDIES FOR BREACH.
If any applicable conditions herein are not complied with by a winning bidder, in addition to other remedies available by law, including without limitation the right to hold the winning bidder liable for the total purchase price, Towsonline Auction at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the winning bidder or (b) resell the property at public auction without reserve or minimum selling price, and the winning bidder will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. In the event of breach by internet bidders of these Terms and Conditions of Sale, Towsonline Auction may file a Non-Paying Bidder Alert to Hibid and Live Auctioneers. Towsonline Auction reserves the right to impose a carrying charge of 1.5% per month on past due accounts. Buyers agree to pay reasonable attorney's fees and costs incurred to collect past due accounts.
5. LIMITATION OF WARRANTIES.
NO WARRANTIES. ALL LOTS ARE OFFERED, AND ALL PROPERTY IS SOLD, "AS IS" WITH NO GUARANTIES OR WARRANTIES OF ANY TYPE. WITHOUT LIMITATION, NEITHER THE SELLER NOR TOWSONLINE AUCTION, NOR ANY OF OUR OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY, NOR ASSUME ANY LIABILITY OF ANY KIND WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, GRADING, QUALITY, ATTRIBUTION, GENUINENESS, AUTHENTICITY, PROVENANCE, AGE, CONDITION, MATERIALS, AUTHORSHIP, COMPLETENESS, DAMAGE, REPAIRS, RESTORATIONS, ESTIMATES OF VALUE OR ANY OTHER FEATURES. NEITHER THE SELLER NOR TOWSONLINE AUCTION, NOR ANY OF OUR OFFICERS, EMPLOYEES OR AGENTS, ARE RESPONSIBLE FOR THE CORRECTNESS OF ANY STATEMENT OF WHATEVER KIND CONCERNING ANY LOT, WHETHER WRITTEN OR ORAL, NOR FOR ANY ERRORS OR OMISSIONS IN DESCRIPTION OR FOR ANY FAULTS OR DEFECTS IN ANY PROPERTY. THE PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED, INCLUDING BUT NOT LIMITED TO, THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A LOT.
6. MISCELLANEOUS.
A. GOVERNING LAW. These Terms and Conditions of Sale, as well as the respective rights and obligations of Towsonline Auction, the seller, and any purchasers or bidder at any sale of Towsonline Auction, shall be governed by and construed and enforced in accordance with the laws of the State of Maryland.
B. LIMITATION OF LIABILITY. In no event shall the liability of seller or Towsonline Auction, its officers, employees and agents, to a winning bidder for any breach, act, omission, or claim of any nature, with respect to an item purchased, exceed the purchase price actually paid by the winning bidder for the item. In no event shall the seller or Towsonline Auction, its officers, employees and agents, have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of winning bidders or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the property purchased, or its purchase, sale, delivery or non-delivery. In no event shall seller or Towsonline Auction, its officers, employees and agents, be liable for any claims related to the errors, acts, omissions, websites, or technology of Hibid online bidding software, known as Auction Flex.
C. JURISDICTION. By bidding at an auction, whether present in person or by agent, absentee bid, telephone bid, online internet bid, or other means, the winning bidder shall be deemed to have consented to the exclusive jurisdiction for the resolution of any disputes of the state courts in Baltimore County, Maryland.
D. LEGAL FEES. In any litigation between Towsonline Auction and any bidders (whether or not the winning bidder) the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute.
E. SEVERABILITY. If any provision or portion thereof of the Terms and Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
F. NO ASSIGNMENT. Unless Towsonline Auction consents in writing, a winning bidder may not assign its rights or any of its obligations relating to an auction or other sale by Towsonline Auction. Any assignment without Towsonline Auction's written consent will be void.
G. NO WAIVER. These Terms and Conditions of Sale may not be waived by Towsonline Auction unless such waiver is in writing and signed by Towsonline Auction. A waiver on one occasion shall not be a waiver on any other or future occasion or affect Towsonline Auction ' right to insist on strict performance of all other provisions.
