You hereby agree to the following:
1. Importance of Terms: Please take the time to read the following set of terms and conditions for the auction. By obtaining a Bidder Number, you acknowledge that you have read and agree to these terms and conditions.
2. Auctioneers: Leland J. Little, NCAL# 6139; NCFL# 7452. William B. Lilly, Jr. NCAL# 7480; NCFL# 3936.
3. Agency: Iron Horse Auction Company, Inc. and Leland Little Auctions, Ltd. (the “Auctioneers”) are acting as an agent of F. Lane Williamson, Administrator, C.T.A. for the Estate of the late Richard C. Siskey, (the “Seller”) and at no time acting on behalf of the Bidder.
4. Bidding: All registered bidders may bid in-person at the live auction held at the Leland Little Auctions, Ltd., located at 620 Cornerstone Court, Hillsborough, NC 27278. Absentee bidding can be conducted at LelandLittle.com and IronHorseAuction.com. Phone bidding can be arranged at LelandLittle.com up to one (1) hour before the start of the live auction for domestic US bidders. International bidders must arrange phone bidding no later than 5pm E.S.T. the day prior to the auction (Thursday, September 21st). No additional phone bids can be accepted after this time, including additions when speaking with a staff person on the phone. Once a phone bid has been placed, contact numbers cannot be changed. International bidders are responsible for entering appropriate country code and phone number. All domestic US bids must be secured with a Visa or MasterCard. International bidders must satisfy pre-auction requirements prior to completing bid registration and may contact the Auctioneers’ office for assistance. All bids are time stamped. In case of identical bids, the first bid received will take precedence. It is the bidder’s responsibility to accurately record Lot Number, Bid Amount or Telephone Number on any bids submitted. The Auctioneers assume no responsibility or liability in the event a bidder fails to do so. Bids cannot be submitted, altered, or cancelled via voicemail.
5. Buyer’s Premium: For bids placed in the live in-house auction, absentee bidding and telephone bidding a FIFTEEN PERCENT (15%) Buyer’s Premium will apply. For bids placed through the LiveAuctioneers.com platform a TWENTY PERCENT (20%) Buyer’s Premium will apply. North Carolina sales tax is 7.5%.
6. Auction Ending: The auction will be conducted live onsite at Leland Little Auctions, Ltd., located at 620 Cornerstone Court, Hillsborough, NC, 27278 at 10:00AM E.S.T. on September 22nd and 23rd, 2017 with an online platform accepting bids from Internet bidders as well as telephone and absentee bidding. The Auctioneers reserve the right to offer the property to be sold and to accept bids in the manner that creates the highest amount of return for the Seller. Once the high bid price has been determined by the Auctioneers in their sole and absolute discretion, the item will be posted as SOLD. The Auctioneers will, in their sole and absolute discretion, decide any and all disputes regarding bidding. Such decisions shall be final.
7. Property Information & Inspection: Neither the Seller nor the Auctioneers shall be responsible for any missing or incorrect listed information. The Auctioneers have attempted to provide accurate descriptions. However, it is the bidder's responsibility to conduct any and all due diligence or inspections to determine the condition and feasibility of the property for the Bidder’s intended use. Descriptions that are provided by the Auctioneers are provided in good faith and are matters of opinion. Bidder acknowledges that by registering to bid that Bidder has, to the Bidder’s satisfaction, personally inspected the property, hired an agent to inspect the property, or has waived Bidder’s right to inspect the property. Bidder’s failure or inability to conduct any investigation or inspection prior to placing a bid shall not invalidate a bid. Placing a bid creates a contractual agreement to purchase the property at the bid price plus Buyer’s Premium and any additional fees included in or related to the sale as described herein, including but not limited to transfer fees and shipping costs.
8. Auctioneers’ Discretion: The Auctioneers have full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of the Auctioneers or the Seller.
9. Server & Software Technical Issues: In the event that there are technical difficulties related to the servers, software or any other online auction-related technologies, Iron Horse Auction Company, Inc., Leland Little Auctions, Ltd., Live Auctioneers, and the Seller reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Iron Horse Auction Company, Inc., Leland Little Auctions Ltd., Live Auctioneers, or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
10. Payment Terms: Payment is due in full at the conclusion of the auction. All invoices under $5,000.00 must be paid for upon receipt of invoice and within five (5) business days (which will be Friday, September 29, 2017). Acceptable forms of payment are cash, cashier’s check, approved company or personal check accompanied by a bank letter of guarantee, electronic funds transfer, or Visa or MasterCard not exceeding $5,000.00. If a Bidder fails to contact the Auctioneers within five (5) business days (which will be Friday, September 29, 2017) following the auction, the Visa or MasterCard used to secure the bid will be charged the full amount of the invoice. Credit cards accepted are Visa, MasterCard with valid domestic U.S. billing address or via PayPal. If your credit card is declined there will be additional fee of $25.00 per attempt to collect the invoice balance. You agree that you will not initiate a dispute or issue a charge back on your credit card after the Auctioneers have charged your card. If your invoice exceeds $5,000.00 you must provide a certified check, cash, or wire transfer within five (5) business days of the close of the auction (which will be Friday, September 29, 2017). Bidder shall be responsible for all wire transfer fees. Federal law requires that we report payments above $10,000.00 made by cash or certain other cash equivalents, such as money orders. International bidders (non-domestic US) are required to pay by wire transfer. At the Auctioneers’ discretion, certain lots will be required to be paid for by wire transfer. No items will be released from the auction site without full payment and a valid paid invoice. North Carolina sales tax is 7.5%.
11. Personal Property Condition: All items in this auction are selling 'AS-IS, WHERE IS' with all faults, if any. Neither the Seller nor the Auctioneers make any representations or warranties, express or implied, concerning the items being sold. Descriptions of the items are believed to be correct, but are not guaranteed. It is the Bidder's responsibility to conduct any and all due diligence and inspections prior to bidding in the auction. All due diligence periods end the date the auction is scheduled. It is possible that the property being sold is subject to charges, regulation, permitting, or any other type or sort of restrictions by Local, State and Federal Regulatory Authorities. It is the Bidder's responsibility to ascertain if the item bid upon by Bidder is subject to such authorities. Ultimately, it is the Bidder's responsibility to inspect all aspects of the items before placing a bid. The sale of an item is not negotiable or rescindable if you are not the winning bidder of another item or items. If you bid on an item, you will pay for in full and take possession of that item.
12. Possession: Items are not released from auction site or facilities until the Bidder has a paid invoice. The Bidder shall insure their items once they have been deemed the winning bidder.
13. Cigars: By registering to bid on cigars, you acknowledge and state the following: · That you are at least 18 years of age · That if you are a winning bidder you will pick up your won lots in-person and will provide a current state-issued photo ID of which we will inspect and make a photocopy · You understand that shipping is NOT available on cigars, nor is pick up by any third party or person other than yourself There will be no exceptions to the above listed terms.
14. Loading And Item Removal: Loading purchased items is the responsibility of the buyer. The Auctioneers will, as a courtesy, assist with the loading following the sale, but this is done at the risk and responsibility of the buyer. The Auctioneers will have no liability for any damage while providing loading assistance. Pick up is available from Leland Little Auctions, which is located at 620 Cornerstone Court, Hillsborough North Carolina 27278 during business hours which are Monday through Friday 9AM – 3PM. LLA, Ltd. requires two business days notice to schedule pick up of wine. Storage: Unless prior arrangements are made, pick up within 30 working days of the auction is requested. Wine may be stored short –term free of charge in climate controlled conditions for later shipment during cooler temperatures. Abandoned Property: If the buyer fails to pick up their items within 90 calendar days after the auction the buyer’s item(s) will be considered abandoned and no refunds will be given. The Auctioneers are not obligated to notify the winning bidder that their item(s) have been abandoned. Shipping And Pick Up: The LLA, Ltd. Wine Department is pleased to assist with the Third Party Shipping of domestic and international purchases. The Third Party Shippers follow all shipper guidelines and applicable state laws. All shipments are shipped with their declared value and full insurance per the carrier's terms and conditions. All wine invoice shipments are shipped with a declared value and insurance not to exceed $10,000 per box or $50,000 per shipment, per the carrier’s terms and conditions. A signature is required for delivery. LLA, Ltd. does not automatically make third party arrangements to ship wine. To request shipping, please complete and submit the Wine Release Form available online. We respond to requests in the order received. Quotes are valid for fifteen days. Shipping may take several weeks from the time of initial contact. Please note that for all shipments any and all additional charges, including but not limited to customs charges, are the sole responsibility of the buyer. If you reside in a state or country that has import restrictions or regulations, it is your responsibility to obtain appropriate licenses to ship your wine. If shipping wine, buyer warrants that he/she is at least 21 years of age. Buyer shall be responsible for the shipment of these wines to be received and signed for by an adult at least 21 years of age. By requesting Third Party Shipping arrangements you are giving the Auctioneers permission to charge your provided Visa or MasterCard for said charges. All packing, handling, shipping, and delivery services are performed at the sole risk of the buyer. The Auctioneers assume no legal or financial responsibility and is free from all liability associated with assisting with your shipping request. When arranging shipping or pick up through another vendor or third-party of your choice, we require that you complete our Authorized Release Form. This form authorizes us to release your purchased items to the requested party. We will not release your lot(s) to any shipping vendor or third-party until we have received this form and payment has been made in full.
15. Legal Interpretations: This document will be interpreted by the laws of the State of North Carolina and by the United States Code.
16. Disputes: Any and all disputes resulting or arising in connection with this auction shall be heard in the General Court of Justice of Orange County, North Carolina as the sole and exclusive venue.
17. Auction Cancellation Bid Rejection: Seller and Auctioneers reserve the right to reject any and all bids for any reason. Seller and Auctioneers reserve the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding even if a bid has been placed.
18. Acceptance of Bid Prices: The Seller and Auctioneers reserve the right to sell to the next highest qualified Bidder or Bidders if the winning Bidder or Bidders have defaulted or otherwise failed to timely and properly consummate the winning bid. By registering and placing a bid you agree that if you happened to become a Default Bidder or Non Paying Bidder, the Auctioneers may charge your credit card for up to the entire balance of your invoice without the issuance of a chargeback.
19. Bidder Verification: The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, the Auctioneers may at their discretion reject the registration, and bidding activity will be terminated. The Seller and the Auctioneers reserve the right to refuse service to any person who we believe to be fraudulent.
20. Online Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidder agrees to keep its username and password confidential, as Bidder is responsible for ANY and ALL activity, bids, and purchases involving Bidder’s account. Bidder agrees to obey any and all local state and federal laws applicable to Bidder. Violations will result in termination of web site use privileges.
21. Guaranty Agreement: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to the Auctioneers.
22. Age Requirement: All bidders must be twenty-one (21) years of age or older to bid on wine and spirits. All bidders must be eighteen (18) years of age or older to bid on cigars.
23. Bidding Increments: $0 - $500: $25
$501 - $1000: $50
$1,001 - $3,000: $100
$3,001 - $5,000: $200
$5,001 - $10,000: $250
$10,001 and up: $500 or Auctioneer's Discretion
24. Acknowledgements. By registering the Bidder acknowledges that he/she has read this document, or has had this document read to him/her. Additionally, the Bidder agrees to all the provisions of this document without change or amendment.