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We provide in house shipping and the third party shipper. Shipping cost will be added to each invoice at the end of the auction and will be calculated according to size, weight, and geographical location. Please allow 1 to 6 weeks for shipping. All checks must clear through our bank before shipment will be sent. More details, please contact Cascades7619@gmail.com
We provide in house shipping and the third party shipper. Shipping cost will be added to each invoice at the end of the auction and will be calculated according to size, weight, and geographical location. Please allow 1 to 6 weeks for shipping. All checks must clear through our bank before shipment will be sent. More details, please contact Cascades7619@gmail.com
BIDDER TERMS & CONDITIONS
1) Bidding
(a) Bidders are required to register to bid and receive a paddle number prior to bidding. As part of the Bidder registration process, each Bidder must attest that they have received, read, and understand these Terms. If you have any questions regarding these Terms, please ask during the registration process or email us at auctionCascades7619@gmail.com.
(b) By bidding at an Auction, a Bidder is creating a contract, enforceable under the laws of the New York, United States of America. Bidding on an item will be considered sufficient evidence that the Bidder accepts all conditions set forth in these Terms and any conditions outlined on the day of the sale. Any individual bidding on behalf of, or as an agent of another individual or company, whether such agency is disclosed, and whether the identity of the Principal (defined below) is disclosed, may be jointly and severally liable, along with the Principal, under any contract created by the acceptance of a bid. “Principal” shall mean the individual or company who authorizes an agent to act on his, her, or its behalf.
(c) The Auctioneer has the authority to accept or reject any and all bids. The “Auctioneer” shall mean the person who conducts or is responsible for a sale by Auction; the person may or may not actually call or cry the Auction. All bidding is in terms of United States Dollars. The Auctioneer determines who the highest Bidder is. In the event of a “tie-bid,” the Auctioneer may re-open the item between the tie Bidders. The Auctioneer’s decisions are final. A tie-bid occurs where, at the close of sale by action, more than one registered Bidder has submitted a high bid in the same amount.
2) Payment
(a) All invoices must be paid in full within fourteen (14) calendar days of a Successful Bid. Acceptable forms of payment will be: cash in United States Dollars; wire transfer; Paypal; UnionPay; Items paid for by personal check or cashier’s check will be held by the Company for ten (10) banking days before being released to the Bidder or designated shipping company.Cascades7619@gmail.com
(i) Cascade's Premier Auctions INC. reserves the right to withhold lots from any successful bidder until the payment funds have been successfully received by Cascade's Premier Auctions INC.Cascade's Premier Auctions INC. retains the sole authority to confirm or deny the success of any payment. OnceCascade's Premier Auctions INC. has successfully confirmed receipt of payment, the lot will be released to the successful bidder for shipment or pickup.
(ii) Legal title shall not pass to the successful bidder until Cascade's Premier Auctions INC. has received all payment in full. Any attempt to claim legal title to lots which have not been fully paid shall constitute a violation of this buyer's agreement. Violations of the buyer's agreement will be subject to provisions of section f.
(b) There will be a $50 charge assessed for any bounced checks. Bidders grants the Company and the consignor(s) a security interest in the property in any Successful Bid by a Bidder. The Company may retain as collateral security for the Bidder’s obligations to the Company, all items identified on the Bidder’s invoice(s), along with any payment(s) received from the Bidder, and any other item(s) the Company may possess, belonging to the Bidder, until such time that the Bidder’s obligations for payment to the Company are satisfied.
(c) The Company, and the consignor(s), retain all rights as a secured party under the laws of the Commonwealth New York, United States of America
(d) By registering and bidding at an Auction, you agree that if on the fifteenth (15th) calendar day following a Successful Bid your invoice(s) is or are found to be unpaid or that payment is late, you specifically authorize the Company to charge the credit card that you used as a registration deposit, in a single transaction or in multiple transactions, until the balance owed to the Company is paid in full, at the full Buyer’s Premium rate, regardless of any arrangement made to pay otherwise.
(e) Any invoice remaining open after fourteen (14) calendar days of an Auction will be charged interest at a rate no less than (i) 1.5% per month, or (ii) available under present law, beginning on the fifteenth (15th) calendar day until such invoice is paid in full.
(f) If any invoice is not fully paid 30 calendar days following the date when the Bidder successfully bid on an item, the company is entitled to:
(i) cancel the sale of the lot or lots. The lots will be subject to resale or return to original Consignor.
(ii) charge you late fees in accordance with the interest rate detailed above in Section 2 (e).
3) Disclaimer of Warranties; Limitation of Liability
(a) Your access to, use of, and reliance on the Services provided by the Company is entirely at your own risk. All sales are final. All Services and items are provided on an “as is” and “where is” basis without any warranties of any kind.
(b) Time will be made available prior to each Auction for a preview of the items to be sold. It is the Bidder’s responsibility to carefully inspect the items prior to the Auction to determine condition, authenticity, and/or usefulness. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview and inspection exhibition dates and times posted by the Company.
(c) All express and implied warranties are expressly disclaimed. Neither the Company nor any consignor makes any representation or warranty, express or implied, as to theL merchantability, fitness, or condition of an item, or as to the correctness of the description of any item, genuineness of an item, attribution to a particular artist or author, provenance, or period of the item, or as to whether the Bidder acquires any copyrights or other intellectual property rights in items purchased, or as to whether a work of art is subject to the artist’s moral rights, royalties, or other residual rights or the artist.
(d) Bidder expressly acknowledges and agrees that in no event shall the Company, its employees, agent, and/or Auctioneer(s) be liable for any damages, including, without limitation, any compensatory, incidental, or consequential damage.
(e) To the extent permissible by applicable law, the Company and its officers, directors, agents, and employees are not liable for any damages or losses, including but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect or consequential, resulting directly or indirectly from your use of the Services provided by the Company or any successful bid.
(f) The Company takes no responsibility and assumes no liability for any communication or transaction that you or any Bidder, seller, or third-party has regarding the Service. You are solely responsible for your use of the Services and any successful bid, and you agree that the Company is only acting as a passive medium for your and other Bidders’ and Sellers’ transactions.
(g) Without limiting the foregoing, the Company also disclaims all warranties for or with respect to:
(i) The security, reliability, timeliness, accuracy, and performance of the Services and content accessed through the Services as they are provided and conducted online;
(ii) Computer worms, viruses, spyware, adware, and any other malware, malicious code, or harmful content or components accessed, received, or disseminated through, related to, or as a result of the Services or content accessed through the Services as provided by the company online;
(iii) any transactions or potential transactions, goods, or Services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, or communications through, related to, or as a result of use of the Services or content accessed through the Services as provided by the Company online (including, without limitation, any links on the Company’s website and/or links in content accessed through the Company’s website).
(h) By bidding, Bidder agrees to hold the Company, its employees and associates, and the Auctioneer harmless for errors and omissions. Further, Bidder agrees to hold the Company, its employees and associates, and the Auctioneer harmless for issues arising from the transfer of title of goods purchased.
(i) In no event will the Company’s aggregate liability, or that or its officers, directors, employees, and agents, arising out of or in connection with these Terms or front he Services or related to any successful bid, or from the use of or inability to use the Services as provided through online or other modes of communication, exceed one hundred dollars ($100), or in the case of a successful bid, the buyer’s premium charged by the Company to the Bidder. The limitations of liability set forth above are fundamental elements of the basis of the bargain between the Company and you.
(j) These disclaimers shall apply to the fullest extent permitted by law.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above disclaimers and limitations may not apply to you.
4) Descriptions and Photographs
Item descriptions or photographs are not to be used in lieu of a personal inspection of an item. The Company endeavors to accurately describe all items being sold, but all property being offered is sold as is. Any statement, written or verbal, in the catalog, on a condition report, on an invoice, on a bill of sale, or stated before, during or after the Auction, or written or stated elsewhere, as to physical condition, history or provenance, origin, age, culture, source, measurement, size, weight, fineness, quality, imperfections or damage, authorship or artistry, usefulness, rarity, importance, historical relevance, where an item has been displayed, exhibited, or previously sold, or as to the items value or any other feature of the item, are statements of opinion and not representations or warranties. Please note that catalogue photographs may have had size modifications for display purposes or been trimmed to exclude framing, matting, and wide blank margins. Variations in color may occur due to digital processing. No employee, agent, or Auctioneer of the Company is authorized to make any representation or warranty on behalf of the Company or on behalf of the consignor regarding any item.
5) Item Pickup and Shipping
(a) All items are to be picked up by Bidder, or at a time pre-arranged with the Company, after full payment of the invoice. It is the Bidder’s responsibility to arrange with the Company in advance if an item must be picked up at another time. Successful Bids of items online will be shipped at the Bidder’s expense.
(b) Costs associated with the shipping and handling of an item are the responsibility of the Bidder. If the Bidder will not be picking up an item directly from the company, then the Bidder must select a shipper to pack and ship the item(s). The Company does not recommend any shipper and is not liable for any damage or loss due to any negligence of any third-party shipping company.
(c) The Company will provide a list of local shippers with all paid-in-full invoices for the convenience of the Bidder. By providing such list, the Company is not making any warranty, guarantee, or promise as to the performance of any shipper selected from the list. Further, the company will not be responsible for any damage or loss, including but not limited to due to any negligence of any shipper as provided on the list.
(d) Bidder(s) must coordinate and handle all shipping details. Item(s) must be shipped within two (2) weeks of payment. Items remaining in the Company’s custody or control at the expiration of two (2) weeks past payment will be subject to storage fees of no less than $50.
(e) All storage fees must be paid before the shipper can pick up items.
(f) Shipper must schedule its pick-up times with the Company to ensure availability of Company staff onsite and must provide a copy of the paid-in-full invoice. Shipper will sign a copy of the invoice and indicate any damage or imperfection seen on the item at time of pick-up.
(g) Any items remaining forty-five (45) calendar days following the date when the Bidder completed payment on an invoice will be considered Abandoned Property of items on that invoice and will be subject to resale or disposal with no refund.
6) Language
The language spoken at the Company is English. In many cases, however, we do try to accommodate the spoken language(s) of Bidders. Although the Company may in certain cases have an employee or employees who speak other languages, the Company is not responsible for errors or damages caused by language, including but not limited to misinterpretations or incorrect pronunciation. By registering to bid and bidding, you attest that you assume full responsibility for all communication and will secure the Services of an interpreter if necessary.
7) No Refunds
All sales are final, and all property is sold “as is.” The Company does not give refunds.
The Company, in its role as sales agent for individuals, estates, trusts, public and private institutions, and other individuals and entities, sells consigned property. Bidders are encouraged to carefully inspect all items prior to bidding. All items offered for sale are available for preview and inspection prior to the sale. By registering for a sale and bidding on an item or items in a lot or entire lot, you are representing that you or your agent have examined the item as fully as you desire and that you are specifically waiving any rights to rescind your final bid after the item(s) or lot is declared sold or to rescind the contract created as a result of the Auction sale.
8) Identification
A government issued photo identification or passport is required at the time of registration. All Bidder registrations by mail or email must be accompanied by a copy of the photo identification or passport on a Bidder Registration Form. No Bidder Registration Form will be processed without an accompanying photo identification or passport.
9) Remedies for Non-Payment or Non-Compliance
The Company and the consignor(s) reserve the right to use all remedies for non-payment or for non-compliance with these Terms afforded to the Company and the consignor(s) by law. In addition to any such remedy or remedies available to the Company and any consignor, including without limitation the right to hold Bidder liable for the price of the Successful Bid, the Company may, at its sole discretion and option:
(a) Compel specific performance and hold Bidder liable for the full invoice price;
(b) Cancel the sale, retaining all payments made by the Bidder as liquidated damages and not as a penalty; or
(c) Resell any item or lot of items by public or private sale and hold the Bidder liable for all damages, including but not limited to, the difference between the invoice amount and the bid price of the Successful Bid realized when the item(s) are resold, all costs for resale, including our commission at our customary rate, and other damages incurred, including storage costs, sale expenses, and attorney fees.
10) Registration
Registration is required to bid at any Company Auction, regardless of whether you are bidding in person, live online, by telephone, as an Absentee Bidder or any other classification of Bidder.
(a) This registration includes your name, address, phone number, email address, a government issued identification, such as a passport or Driver’s License, and your signature. Your photo may also be taken as part of the registration process. Since the act of bidding at an Auction creates a binding contract, the giving of false registration information may constitute an act of fraud. By registering to bid you agree to be added to our email list. You have the option to opt-out after you receive the first email.
(b) To register to bid as an In-person Bidder, an Absentee Bidder, or a Telephone Bidder, simply fill out our Bidder Registration Form at the Company’s customer Service desk during or before the exhibition. You may also register by submitting the pdf Bidder Registration Form, along with a copy or photograph of your government-issued identification or passport,
(c) All Bidders, whether bidding in-person, absentee, by telephone, or online, are required to provide proof of funds. Bidders may provide proof of funds by providing the Company with a cash deposit or by authorizing a credit card hold, the amount of which will be specified prior to the opening of registration for each auction. This hold is not a charge and will be released following the Auction for non-winning Bidders or upon successful payment of an invoice for winning Bidders. Winning Bidders may also ask for the hold to be completed and charged toward their invoice.
(d) Online Bidders may expedite their registration by having a valid credit card on file with their online bidding account. Bidders on Live Auctioneers who provide a valid credit card will be automatically enrolled in Auto-Pay, which will result in having their entire invoice charged to their credit card on file 72 hours following the sending of invoices. Bidders wishing to pay by another method within the 14-day payment period may notify the Company that they intend to pay by check, cash, or wire transfer in order to opt out of Autopay.
(e) After your registration is processed, staff of the Company will provide you with a Bidder number paddle. This paddle allows you to bid at the Auction for which you are registered. You must register for each Auction in which you would like to bid.
11) Standard Bid Increments
All bidding, including absentee, online, and phone bidding, will follow the established “Standard Bid Increments” outlined below. All attempts will be made to strictly follow the Standard Bid Increments. However, the Auctioneer reserves the right to deviate from the Standard Bid Increments, as deemed necessary in his or her sole discretion.
If the Bid amount is: The Standard Bid Increment is:
Less than $200 $50
$200 - $1,000 $100
$1,000 - $2,000 $200
$2,000 - $5,000 $200
$5,000 - $10,000 $500
$10,000 - $50,000 $1,000
$50,000 - $100,000 $2,500
$100,000 + $5,000
13) Reserve
All items are subject to a “Reserve” or minimum bid, unless otherwise stipulated. The Reserve is the lowest amount the seller is willing to accept for the item(s) or lot. Company personnel, or the Auctioneer, will bid on behalf of the seller up to the Reserve. The Reserve will almost never be higher than the low Auction Estimate, which is the estimated amount, at minimum, of a Successful Bid.
14) Live Bidding Online
The Company assumes no liability for damages incurred by the failure or disruption of online Services through any Auction.
Once you register with the online bidding Service of your choice, the Company will review your bidding and dispute history before approval. Providing a credit card to the online bidding Service of your choice may expedite the process. Once the registration process is complete, you may then bid online at the Auction for which you have registered. You must register for each Auction in which you would like to bid. If using an online bidding Service, a Bidder must, in addition to accepting and following the Terms herein outlined, accept and follow the Terms & Conditions set forth by the online bidding Service. Following the close of the Auction, Bidders will receive an invoice for any Successful Bid(s), to include the Buyer’s Premium and Sales Tax, which will be due and payable immediately.
15) Pre-Bidding
Pre-bidding may be available through online bidding Services. Pre-bidding is subject to the same Terms as those set forth for online bidding.
16) Absentee Bidding
(a) If you cannot be present at an Auction to bid in person, and do not wish to bid live online, you may still participate at the Auction by participating as an Absentee Bidder. To participate as an Absentee Bidder, you must register prior to the day of the Auction by filling out the Absentee Bidder Registration Form at the Company’s customer Service desk, during or before the exhibition, or you may register by submitting the Absentee Bidder Registration Form, along with a photocopy of your government issued identification or passport at Cascades7619@gmail.com
(b) After your registration is processed, staff of the Company will provide you with a Bidder number paddle. This paddle will allow a Proxy Bidder from our staff to bid on your behalf up to the maximum bid as indicated by you on your Absentee Bidder Supplement Form(s) at the Auction for which you are registered. You must register for each Auction in which you would like to bid.
(c) Bidding on an item will be considered sufficient evidence that an Absentee Bidder accepts all conditions set forth in these Terms.
(d) In the event of a tie-bid between an Absentee Bidder and a Bidder who is live bidding, whether in-person, on the telephone or online, the live Bidder will prevail.
When submitting an Absentee Bid, the bid amount should be the highest amount that you are willing to bid prior to the addition of the Buyer’s Premium or Sales Tax.
A Proxy Bidder will bid on the item in open and competitive bidding, with the goal of purchasing the item on your behalf at the lowest possible bid. Therefore, the final bid on an item may be less than the amount of your bid. Maximum bids on your Absentee/Telephone Bidder Supplement Form(s) must be represented in U.S. Dollar amounts, following the standard bid increment table described herein. “Buy” bids will not be accepted. By registering and bidding as an Absentee Bidder, you attest that you understand that the Buyer’s Premium and Sales Tax, herein outlined, will be in addition to your successful high bid and will be added to your successful high bid on your invoice.
(e) In no case will the opening bid be lower than one half of the low Auction Estimate.
(f) The opening bid on an item with absentee bids shall be:
(i) In the case of 3 or more absentee bids, the median bid lowered to the standard bid increment;
(ii) In the case of 2 absentee bids, the lower of the 2 bids lowered to the standard bid increment;
(iii) In the case of 1 absentee bid, one-half of that bid lowered to the standard bid increment; and
(iv) In the case of a lot with a Reserve, the Reserve amount (if the absentee bid is equal to or higher than the Reserve).
17) Removal of Lots from a Sale
The Company will make all reasonable efforts to have all items advertised available for sale. However, occasionally an item must be removed from the sale or items must be combined into lots. The Company assumes no liability for damages incurred by the removal of an item from a sale or from lotting items together.
18) Auction Estimates
Any Auction Estimate is only an approximation of what the Company believes the item could bring at Auction, based on its experience and sales data from the sale of similar items.
Auction Estimates are NOT Appraisals and are not to be used as the value of an item.
Auction estimates are subject to revision.
20) Assignment
These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
21) Entire Agreement
These Terms constitute the entire agreement between you and the Company and supersede any prior written or oral agreement. There are no third-party beneficiaries to these Terms. Neither these Terms nor any provision hereof may be modified, amended, or waived except by the written agreement of the Company.
22) Interpretation
No provision of this Agreement is to be interpreted for or against any party because that party or such party’s legal representative drafted such provision.
23) Severability
If any term or other provision, or part of any provision or sentence of these Terms is invalid, illegal, or incapable of being enforced by any rule or law, or public policy, the provision, or any part of it, or sentence, shall be severed from these Terms and all other conditions and provisions shall remain in full force and effect.
We accept the following methods of payment: cash, cheque, wire transfer (please inquire to receive our bank information), credit card (Visa, Diners Club, MasterCard, American Express)
