SOLD
15,000.00USDto floor+ buyer's premium
This item SOLD at 2024 Oct 06 @ 10:41UTC-06:00 : CST/MDT
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
October 6th-Prebidding Ends Sunday@11:29 AM CST, Sale Starts @11:30AM.rebidding Open
Vin: 5XYRL4LC8MG019990
Mileage: 55,695
Cars.com® Current Market Value: $26,930
Auction Reserve: $18,000
AutoCheck® Vehicle Condition Score: 92 (Similar vehicles usually range between 89 and 94)
State Title: Clean – TX Title
Auction Brand/Issues: No Issue
Insurance Loss Transfer: Insurance Transfer Reported
Odometer Check: No Issue
Additional History: No Issues Reported
Owner History: Two Owners
Alarm: Yes
Navigation: Yes
Leather: Yes
Lane Assist: Yes
Parking Sensor: Yes
Blind-spot Monitoring: Yes
Remote Start: Yes
Adaptive Cruise Control: Yes
Engine: 2.5L I-4 DI, DOHC, VVT, 191HP
Vehicle Type: CUV - Large
Country of Assembly: United States
Passed TX State Inspection (emissions/safety/operation): Yes
Additional Info: The patented AutoCheck score predicts the likelihood a car will be on the road in 5 years. It compares vehicles of similar age and class based on a scale of 1-100. The AutoCheck score is based on a proprietary model to help you understand a vehicle's predicted reliability as it pertains to age, number of owners, accidents and other vehicle history factors. We can email you the AutoCheck report upon request.
Auction Location:
13859 Diplomat Drive Ste 150, Dallas, Texas, 75234, United States
Previewing Details:
October 6th-Prebidding Ends Sunday@11:29 AM CST, Sale Starts @11:30AM.rebidding Open
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
15% |
Additional Fees:
Shipping Details:
Vehicle Shipping - Determined by the lot or location of shipment, please contact us for more information. Vehicle Pickup - When you pick up the vehicle from our warehouse, we will execute the proper documents to transfer title. All paperwork is provided by, and completed, under the supervision of a licensed automotive dealer. We will walk you through the process of filling out the title and transferring the paperwork into your name. Once we submit the paperwork to the county tax office, we will get the plates and sticker from the tax office directly which you can pick up from our warehouse at a later date. You will be mailed the new Texas title in your name to the address we put on the transfer paperwork. If you’re having the vehicle shipped we will mail a partially completed title document to you for registration in your home state. We will include with the registration a copy of the completed inspection (safety/emissions/operation) from the State of Texas. All shipping/freight is to be arranged by the Buyer.
Payment Details:
All Buyer's Will Pay 15% Buyer's Premium
15% BP
Cash, Valid Check, Debit/Credit Cards, Wire Transfer, VENMO, and ZELLE
CARDS ON FILE WILL AUTOMATICALLY BE CHARGED FOR ORDERS UNDER $750
The final invoiced amount will include all fees and costs applicable to transfer the title within the State of Texas. If shipping out of state, there will be no in-state transfer fees other than the cost of the State of Texas vehicle inspection certificate (safety/emissions/operation) which is done on every vehicle we offer. Final invoice will include the price of the vehicles auction final auction price, auction premium (15%), sales tax (6.25%) plate/sticker fee ($65.00), title transfer fee ($35.00), state inspection cost ($25.00) county inventory tax (.001679% of sales price). To transfer title we will need a hard copy of your driver's license along with valid (unexpired) insurance card. The insurance document/card can be for another vehicle as long as it is valid. Good luck bidding!
Accepted Payment Methods:
- VISA
- Master Card
- AMEX
- Discover
- Money Order/Bank Draft
- Check/Cheque
- COD (cash on delivery)
- Wire Transfer
- Debit
- Cash
GOLD STANDARD AUCTIONS, LLC
BIDDER TERMS & CONDITIONS
These Bidder Terms & Conditions (these "Bidder Terms") govern your access to,
and use of, Gold Standard Auctions, LLC?s (?GSA??) ?Services?? (as defined in the GSA
Auction and ?Buy it Now?? Terms and Conditions, hereinafter the ?GSA Terms??) as a Bidder,
whether it be via GSA Auction or ?Buy it Now?? listing. The Services can be accessed
through GSA?s websites ? www.goldstandard.com and
www.goldstandardauctions.hibid.com (hereinafter the ?Sites??). These Bidder Terms,
shall be incorporated into the GSA Auction and ?Buy it Now?? Terms and Conditions
posted on the aforementioned websites, and are herein collectively referred to as
the "Terms." All terms used (including capitalized terms) and not defined herein shall
have the meanings ascribed to them in the GSA Auction and ?Buy it Now?? Terms and
Conditions (and as hereinafter amended), and such terms and conditions are
incorporated herein by reference for all purposes (and these Terms supersede if a
conflict arises as to any specific word, clause, or sentence).
1. Bidder Registration and Account Approval. As a Bidder for the purchase of
certain currency, coins, tokens, medals, precious metals and/or other
collectables (hereinafter collectively referred to as ?Products??) utilizing GSA?s
Services, you understand, acknowledge and agree that you must register a
Bidder Account with GSA. Your Bidder Account must be approved by GSA, in
its sole discretion, before you can utilize GSA?s Services. Application for a
Bidder account is your express agreement to the Terms.
2. Listed Product(s). GSA does not inspect listed Product(s), validate a Seller's
ownership of or authority to sell listed Product(s), or provide any
representations or warranties concerning listed Product(s). Bidding on, or
otherwise purchasing listed Product(s) via the ?Buy it Now?? option on the Sites,
is conducted at your own risk, and any resulting transaction for Product(s) is
solely between you and the Seller. GSA does not supervise, direct, or control
third-party Sellers. You further understand, acknowledge and agree that GSA
will not be liable for, and you shall not make demands or claims for, listed
Product(s) that you bid on, the acts or omissions of third-party Sellers, or for
any proposed or completed transactions between you and a third-party Seller.
You understand and agree it is your responsibility to verify all claims and
representations of the Seller.
All auction and ?Buy it Now?? transactions and the terms of any agreements
that may occur between Sellers and Bidders or users of GSA?s Sites or Services
are determined solely through Seller and Bidder. GSA is not bonded (nor is it
liable) for the protection of Sellers or Bidders or any user of our Sites or
Services.
3. Auction / ??Buy it Now?? Information and Bidder Inspections. The auction
dates, information, descriptions and prices for listed Product(s) are
determined by the Seller and may be subject to change. GSA does not inspect,
confirm, guarantee or warrant the condition of the listed Product(s). GSA does
not verify the accuracy of, or control, the information and details concerning
the listed Product(s). You waive all reliance on Product descriptions, and
agree to solely rely on your own evaluation based on examination of the
Product/Lot photographs. GSA does not guarantee that Sellers have or
maintain proper bonds or any bonds which Sellers may be required to
maintain pursuant to applicable laws, rules, and regulations. GSA also does
not guarantee that Sellers have or maintain proper licenses or registrations
required by applicable laws, rules or regulation, or that Sellers comply with
applicable laws, rules, or regulations. You should take appropriate steps to
verify the accuracy of the listed Product descriptions. You should also take
appropriate steps to inspect or validate the condition of listed Product(s) prior
to bidding on and receiving listed Product(s). GSA is not responsible for any
errors or omissions in the content of any listed Product(s). GSA reserves the
right, in its sole discretion, to (i) withdraw any listed Product(s) from our
auction and/or ?Buy it Now?? Services; (ii) amend the information for a listed
Product (without any legal obligation to do so); or (iii) cancel any proposed bid
for listed Product(s) that GSA deems to be suspicious or fraudulent and report
such bid to applicable authorities.
4. Additional Terms Posted by Seller. A Seller may post additional terms and
conditions for their listed Product(s) (the "Seller Posted Terms"). Seller Posted
Terms are between you and the Seller and are separate from these Bidder
Terms. You expressly agree to such Terms and are solely responsible for
reading and understanding any Seller Posted Terms (in addition to these
Terms and the GSA Terms) prior to placing a bid on any listed Product(s) via an
auction or ?Buy it Now?? listing. GSA does not create, review, negotiate, or
enforce Seller Posted Terms. If you do not agree to the applicable Seller Posted
Terms, you should not place a bid on the listed Product(s).
5. Additional Fees by Seller. In addition to the price of listed Product(s), Sellers
may charge a buyer's premium (which is an additional fee that a winning
bidder is required to pay above the auction or ?Buy it Now?? price) as well as
shipping, handling, and other fees. These fees are set by the Seller and may be
subject to change depending on the Seller and the listed Product(s).
6. Additional Seller Registration. A Seller may require a Bidder to separately
register with it prior to bidding on the Seller's listed Product(s), and may permit
or deny the additional registration at its sole discretion.
7. Transportation, Risk of Loss, and Additional Costs. GSA is not responsible
for the care, loading, transportation, delivery or risk of loss for any listed
Product(s). Except as otherwise set forth in any Seller Posted Terms, the Bidder
with the winning bid will be responsible for compliance with all laws and
regulatory requirements applicable to the transportation of the listed
Product(s). Except as otherwise set forth in any Seller Posted Terms, the Bidder
with the winning or ?Buy it Now?? bid will be solely responsible for all packaging,
freight, shipping, taxes, customs, duties, check off fees and other costs relating
to transporting the listed Product(s). These costs may include special handling,
loading, transportation costs, taxes, duties, and fees required to move the
listed Product(s) to the Bidder's desired location. You should confirm
transportation, delivery and risk of loss information with the Seller and your
designated transportation provider. Furthermore, except as otherwise fully
set forth in Seller Posted Terms, the Bidder with the winning or ?Buy it Now??
bid shall be responsible for complying with all entry requirements for the listed
Product(s) for the state of entry. In no event shall GSA have any responsibility
for the transportation of listed Product(s) or for any risk of loss or liability
related to listed Product(s).
8. Bidding. You understand, acknowledge and agree that:
a. When you submit a bid using our Services, your bid will be forwarded to
the Seller and may be viewed by the Seller as a firm commitment and
an irrevocable offer to purchase. Once you place a bid on our Site, or
select the ?Buy it Now?? option, it may not be retracted. If you have the
winning or ?Buy it Now?? bid, a Seller may hold you legally obligated to
complete the transaction unless otherwise prohibited by law or
regulation.
b. By using GSA?s Sites and Services to bid on listed Product(s), you grant
GSA permission to share your information with Sellers, including,
without limitation, your contact information (e.g., name, address,
telephone, number, email address, etc.) and other information that you
provide to GSA.
c. You may place a max bid on listed Product(s). When you place a max
bid, GSA?s bidding technology should automatically place bids on your
behalf, using the smallest increment necessary to ensure you remain
the high bidder until your max bid is met. If another bidder has placed
the same bid before you, or a max bid that is higher than yours, GSA will
attempt to let you know that you have been outbid. In that situation,
you may attempt to place another bid within the specific auction time.
d. Auctions may have time extensions. If a Seller elects to use a time
extension for listed Product(s), the bidding period on the listed
Product(s) may be extended when a higher bid than the then-current
top bid is placed prior to expiration of that auction. The bidding period
will continue as long as such higher bids are being placed within the
time extension designated by the Seller.
e. GSA reserves the right to withdraw, postpone, or cancel any listed
Product(s), in our sole discretion, with or without notice. GSA shall have
no liability to you as a result of any withdrawal, postponement, or
cancellation of a listed Product(s) sale.
f. GSA reserves the right to void a bid that you place, whether winning or
not, which we believe (i) has not been made in good faith and in
accordance with these Bidder Terms and the GSA Terms; or (ii) is
intended to manipulate our Services.
g. The Seller is conducting the auction and makes the sole and final
determination with respect to the sale of listed Product(s).
h. WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND
PROCESSED IN A TIMELY MANNER. ANY BIDS OF EQUAL AMOUNTS MAY
BE SELECTED AT THE AUCTIONEER?S SOLE DISCRETION, IF RECEIVED AT
APPROXIMATELY THE SAME TIME.
9. Prohibited Bidder Conduct. Any deliberate attempt to artificially influence
the sale price of any listed Product(s), directly or indirectly, including but not
limited to bidding through a secondary account, agent, or representative,
bidding on listed Product(s) that you may also be selling, communicating with
other Bidders, or chill bidding is expressly prohibited.
10.Additional Bidder Indemnity. In addition to the indemnification provisions
set forth in the Terms for GSA?s Sites and Services, you, as the Bidder, agree to
indemnify, defend, and hold harmless GSA and its owners, members,
managers, employees, officers, agents, attorneys and representatives
(collectively the ?Indemnified Parties??) from and against any and all demands,
claims, causes of action, damages, costs, fees or other liability (including
reasonable attorneys? fees) arising out of or resulting from (i) any breach of
these Bidder Terms or the GSA Terms; (ii) taxes, customs, duties, or check off
fees payable with respect to, the listed Product(s) or any part thereof; (iii) any
deficiency in compliance with any laws, rules or regulations related to your use
of GSA?s Sites and Services and any transactions with other GSA users; (iv) any
deficiency in compliance with any local, state, federal, and international laws,
statutes, ordinances, rules, reporting requirements/laws, import/export laws,
customs requirements/laws, and checkoff fee requirements/laws applicable to
the buying, handling, holding, transport, shipping, delivery, and import/export
of Product(s); and (v) any injuries to persons or property of any type, occurring
during your or your agent's inspection of Product(s), or resulting from the
purchase of any listed Product(s). If you breach any agreed terms, you are
liable for GSA?s costs, expenses, and attorney?s fees to defend or address such
breach.
11. Conflicts. In the event of a conflict between the provisions set forth in these
Bidder Terms and the GSA Terms, the GSA Terms shall prevail. MANDATORY
BINDING IN-PERSON ARBITRATION IS YOUR SOLE REMEDY UNDER THIS
AGREEMENT, PURSUANT TO THE TERMS SET FORTH IN THE GSA TERMS. YOU
WAIVE ALL RIGHTS TO A JURY TRIAL AND FILING A LAWSUIT. SEE GSA TERMS.
YOUR DAMAGES ARE LIMITED BY THE GSA TERMS WHICH SHOULD BE
REVIEWED BY YOU PRIOR TO BIDDING.
Last Updated 15 August 2023
Gold Standard Auctions, LLC
Vehicle General Terms & Contract:
Buyer is responsible for any insurance coverage, license, tags, plates or registration maintained on the vehicle after
acceptance of the vehicle from the seller. The Buyer agrees that the vehicle being sold by the Seller is sold “As Is?? and that the Seller had not agreed to or promised any type of guarantee or warranty, whether expressly written or implied, the Buyer also agree that Seller shall not be responsible for any defects, repairs or other costs that may be associate with the above listed vehicle or title being sold by the Seller to the Buyer. If shipping, Buyer will make all arrangements for vehicle transport. Seller will not be held liable for any damages or other issues that may arise during transport.
The Buyer releases and discharges the Seller from all claims, demands, actions, remedies, causes of action and liabilities, known or unknown, direct or indirect arising out of the condition or operation of the vehicle. This Agreement encompasses the entire agreement of the parties and supersedes all previous understandings and agreements between the parties, whether oral or written. Both the Buyer and the Seller agree that the terms of the sale of the vehicle listed above do not contain any other commitments, covenants or promises other than those contained in the terms of this contract. The Seller shall collect from the Buyer its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.
To the extent applicable to the transactions contemplated by this Agreement, Buyer hereby waives its rights under the provisions of the Texas Deceptive Trade Practices Act, Chapter 17, Subchapter E, inclusive (other than Section 17.555, which is not waived), of the Texas Business & Commerce Code (a law that gives consumers special rights and protections), or under any similar laws. After consultation with an attorney of its choice, Buyer voluntarily consents to this waiver. The sale is made at the seller’s place of business. The 3-day right to cancel does not apply in this instance because the sale was made at the seller’s place regular place of business, and both parties have agreed to waive this right. The transfer of ownership is concluded that at the signing of this sales contract.
The Seller will present for execution at the time of sale the vehicle’s title document, a sales contract, airbag disclosure, sales invoice, Texas form U-130 and key(s). Once sale is commenced and vehicle is accepted by the Buyer, the Seller will immediately, no later than 30 days, submit the appropriate forms and documents to the State of Texas in order to register the vehicle.
GOLD STANDARD AUCTIONS, LLC
AUCTION AND ?BUY IT NOW??
TERMS AND CONDITIONS
These Auction and ?Buy it Now?? Terms and Conditions (hereinafter the
"Agreement" or ?Terms??) constitute a legally binding agreement between you (either
an individual or an entity) and Gold Standard Auctions, LLC, its affiliate(s) and
subsidiaries (hereinafter collectively referred to as ?GSA??) regarding the use of its
websites - www.bidgoldstandard.com and www.goldstandardauctions.hibid.com
(hereinafter the ?Site?? or ?Sites??), its auction services, and ?Buy it Now?? retail services.
By utilizing the GSA Site(s) and/or Services (defined below), you understand,
acknowledge and agree that you are legally bound by the terms and conditions set
forth herein (and as hereafter amended):
1. ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE GSA
SITES AND/OR SERVICES (DEFINED BELOW), PLACING AN AUCTION BID, SELECTING A
?BUY IT NOW?? OPTION, OR OTHERWISE PARTICIPATING IN A GSA AUCTION OR SALE,
YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
? AND SPECIFICALLY THE DISPUTE RESOLUTION, IN-PERSON ARBITRATION AND
REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS.
2. DEFINITIONS.
a. "Auction" means an online auction wherein remote users can bid
either through absentee bids or real time bids on Products being
auctioned via GSA?s Sites.
b. "Bidder" or ?Buyer?? means an individual, artificial entity, or auction
house registered as a Bidder with GSA for purposes of utilizing GSA?s
Buyer Services to bid on (via Auction) or otherwise purchase (via ?Buy
it Now?? listing) Product(s) for sale through GSA?s Sites. If an artificial
entity places a bid or selects the ?Buy it Now?? option, the person
executing the bid on behalf of the artificial entity agrees to, and
hereby does, personally guarantee payment of such bid. The terms
Bidder and Buyer shall be used interchangeably regardless of
whether a Bidder is successful in an Auction.
c. ?Bidder Terms?? mean the Bidder Terms & Conditions entered into
by and between a Bidder and GSA for purposes of governing over a
Bidder?s access to, and use of, GSA?s Services as a Bidder. Said Bidder
Terms are incorporated by reference for all purposes as if the same
were fully set forth herein and are located here:
www.goldstandardauctions.hibid.com/home/bidderuserterms
d. ?Buy it Now?? means an online sale, other than by auction, for
Products which may be purchased through GSA?s Sites by selecting
the ?Buy it Now?? option.
e. ?Product(s)?? mean currency, coins, tokens, notes, medals, precious
metals and/or other collectibles listed for Auction or ?Buy it Now??
sale on one or more GSA Site through use of GSA?s Services.
f. "Seller" means an individual, artificial entity, or auction house
registered as a Seller with GSA for purposes of utilizing GSA?s Seller
Services to list Product(s) for sale through GSA?s Sites. GSA may also
serve as a Seller when listing its own Product(s) for sale through
GSA?s Sites.
g. ?Seller Terms?? mean the Seller Terms & Conditions entered into by
and between a Seller and GSA for purposes of governing over a
Seller?s access to, and use of, GSA?s Services as a Seller. Said Seller
Terms are incorporated by reference for all purposes as if the same
were fully set forth herein and are located here:
www.goldstandardauctions.hibid.com/home/selleruserterms
h. ?Services?? means the online Auction and/or ?Buy it Now?? listing
services provided by GSA to Sellers, Bidders and prospective Sellers
and Bidders through the Sites which serve as a conduit for listing
Products and means for offers and acceptance to be exchanged in
relation to the Auction/sale of Product(s).
3. GSA SERVICES. You acknowledge and agree that GSA provides online
Auction and ?Buy it Now?? Services for Sellers and Bidders through its Sites which
serve as conduits for offers and acceptance to be exchanged in relation to the
Auction or ?Buy it Now?? sale of Products posted on one or more GSA Sites (the
Services). You further acknowledge and agree that: (i) GSA is not a certified Auction
House and therefore does not always conduct the Live Auctions; (ii) When not acting
as the Seller, GSA is solely a passive conduit to facilitate the Auctions and
communication between the Bidders and Sellers; (iii) When not acting as the Seller,
GSA has no control over the Bidders, Sellers, or the accuracy of descriptions for the
Product(s) being offered by the Seller; (iv) When GSA acts as a seller, all the terms and
conditions apply to the transaction between GSA and the seller; (v) GSA reserves the
right in its sole discretion to change some or all of its Services at any time; and (vi)
the provision of this Agreement supersedes and takes precedence over all terms of
the auction platform to the extent there is any conflict.
4. PRODUCT DESCRIPTIONS. The GSA Site places items for auction and
enables individuals, artificial entities and professional auctioneers to list Products for
Auction and/or ?Buy it Now?? sale. Those are the persons or entities who prepare the
Product descriptions which appear on the Sites, not GSA (unless listing its own
Products for auction), and it is those individuals or entities who are solely responsible
for the accuracy of the descriptions and for all contractual and other warranties
made, if any, with respect to the Products sold. You understand, acknowledge and
agree that GSA is not and shall not be held responsible or liable to you for any of the
Product description/information posted by GSA or any seller on the GSA Site?s
Auction or ?Buy it Now?? listing(s). While written descriptions are utilized in Product
listings, the ultimate determination of the qualities of any Auction item or ?Buy it
Now?? Product are determined by examination of the posted Product photographs.
5. SELLERS AND SELLER SERVICES. The Sellers Terms & Conditions
entered into by and between GSA and Product Sellers govern a Seller?s access to, and
use of, GSA?s Services as a Seller, whether it be via GSA Auction or ?Buy it Now?? listing.
The Sellers Terms & Conditions are incorporated by reference as if the same were
fully set forth herein and can accessed here:
https://goldstandardauctions.hibid.com/home/selleruserterms. Sellers must be preapproved by GSA prior to participating in any Auction or ?Buy it Now?? listing and must
maintain a current Seller account with GSA. A Seller must disclose certain account
registration information to GSA prior utilizing GSA?s Sites and Services. Said Seller
information includes, but is not limited to, any information a Seller provides to GSA
during the registration process, in any public message area or through any email
feature. Sellers hereby represent and warrant that his/her/its Seller Information: (a)
is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines which may damage,
detrimentally interfere with, intercept, or expropriate any system, data or personal
information.
Because Sellers utilizing GSA?s Services and Sites may enter into binding legal
agreements to sell Products being auctioned, GSA's Services are not available to
minors.
6. BIDDERS AND BIDDER SERVICES. The Bidders Terms & Conditions
entered into by and between GSA and Bidders govern a Bidder?s access to, and use
of, GSA?s Services as a Bidder/Buyer, whether it be via GSA Auction or ?Buy it Now??
listing. The Bidders Terms & Conditions are incorporated by reference as if the same
were fully set forth herein and can accessed here:
https://goldstandardauctions.hibid.com/home/bidderuserterms. Bidders must be
pre-approved by GSA prior to participating in any Auction or ?Buy it Now?? listing and
must maintain a current Bidder account with GSA. A Bidder must disclose certain
account registration information to GSA prior utilizing GSA?s Sites and Services. Said
Bidder information includes, but is not limited to, any information a Bidder provides
to GSA during the registration process, in any public message area or through any
email feature. Bidders hereby represent and warrant that his/her/its Bidder
Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines
which may damage, detrimentally interfere with, intercept, or expropriate any
system, data or personal information. By providing such information, Bidders
expressly agree to the terms as set forth herein (and as hereafter amended).
Because Bidders utilizing GSA?s Services and Sites may enter into legally
binding agreements to purchase Products being auctioned, GSA's Services are not
available to minors. Sellers may have different standards for approving individual
auction participants, and you may be required to apply for and obtain written
approval to participate in a specific auction. In such circumstances, approved Bidders
will receive a Bidder Number. Approval to participate in one auction does not
guarantee approval to participate in any other auction. GSA and each Seller reserves
the right to refuse to approve any individual or entity applying to participate in any
Auction or ?Buy it Now?? listing as a Bidder.
7. AUCTION BIDS AND ?BUY IT NOW?? SALES. By placing a successful bid,
or selecting the ?Buy it Now?? option on a Product listing, you are entering into a
binding agreement between yourself and the Seller. Bids for a particular Product are
subject to a minimum bid increment as posted. If you bid an amount below the
minimum increment your bid will not be accepted. If you bid an amount between
increments, GSA will automatically round your bid up to the nearest increment. Once
accepted, bids may not be retracted or cancelled and, upon acceptance by the Seller,
constitute a binding agreement between the Buyer and Seller. Bids for a Product do
not apply to subsequent offerings of identical or similar Products. GSA reserved, in
its sole discretion, the right to select any bid if several bids for the same amount are
received at about the same time. A bid that was unsuccessful may be reinstated if a
problem arises with a higher bid. Bidders placing a winning bid through Bidder
Services will be notified by email. Reserve bid amounts are displayed at the discretion
of the Seller. If you are the winning Bidder and do not pay your invoice or make plans
to pay for your invoice within seven (7) days of the sale date, you will be charged a
restocking fee of twenty-five percent (25%) of your invoice total. Additionally, you will
be banned from all future GSA Auctions and ?Buy it Now?? listings as a Bidder or Siller.
GSA is not liable for any errors made while operating the technology used to host or
bid on online auctions.
8. ?AS IS?? / WHERE IS SALE. ALL PRODUCTS ARE SOLD ?AS IS??, WHERE IS.
Descriptions are given to Products, but Bidders expressly agree that they are not
relying on such description, but instead will base all decisions to bid based exclusively
on Bidder?s examination of the listing?s Product photographs. If any item is removed
from its holder, the Bidder waives all rights to asserts any claims or demands
concerning that item and lot and waive any right to retain that item or lot.
9. PAYMENT. The following provisions govern procedures for the
purchase of Products and related payment terms. Please note that all invoices issued
over a two (2) day or four (4) day sale will be combined.
a. PAYMENT DEADLINE. Payment for Products shall be immediately
due and payable upon the conclusion of said Products? Auction or
?Buy it Now?? listing and presentment of an invoice. GSA reserves the
right to cancel an invoice if payment in full is not received within
seven (7) days after Auction close. In cases of nonpayment, GSA?s
election to cancel a sale does not relieve the successful Bidder from
their obligation to pay GSA its fees (seller?s and buyer?s premium) on
the Product listing and any other damages pertaining to Bidder?s
failure to tender payment. Alternatively, GSA at its sole option, may
charge Bidder a twenty-five percent (25%) fee based on the Product?s
purchase price or pursue collection of the full amount of the
winning/??Buy It Now?? bid from the Bidder adding interest at the
highest rate allowed by law and reasonable attorneys? fees. If
payment is not received by GSA within thirty (30) days of the
winning/?Buy It Now?? bid, GSA may resell the items, applying any net
proceeds to the amount(s) owed by the Bidder. In either case, GSA
may offset the amount of its claim against any monies owing to the
Bidder and secure its claim against any of the Bidder?s property held
by GSA.
b. PAYMENT METHODS. GSA and Sellers utilizing GSA?s auction and/or
?Buy it Now?? Services agree to accept the following exclusive forms
of payment for Products and related costs/fees:
i. Cash: United States Currency
ii. Credit/Debit Cards: Credit/debit cards are only accepted for the
payment of a given invoice (for Product?s purchase price, buyer?s
premium, and shipping & handling) totaling a maximum of two
thousand five hundred dollars ($2,500.00). Credit/debit cards are
not accepted for orders/invoices over two thousand five hundred
dollars ($2,500.00). Cards on file with GSA will automatically be
charged for orders under seven hundred fifty dollars ($750.00).
Subject to the aforementioned caveats, payments via credit card
(Visa, Mastercard, and Discover) will incur a surcharge of two and
one-half percent (2.5%). Said fee is subject to change without prior
notice. This fee only applies to credit transactions and does not
include GSA?s cost of processing. Payments via cash, wire transfer,
Cashier?s Check, Venmo, and Zelle will not incur this surcharge but
may be subject to Bidder fees assessed by the utilized service
provider.
iii. Wire Transfer: For wiring instructions, call (972-800-6456) or email
(at info@bidgoldstandard.com) GSA.
iv. Cashier?s Checks: Cashier?s Check made payable to ?Gold Standard
Auctions, LLC?? and delivered to 13859 Diplomat Drive, #150,
Dallas, TX 75234 within seven (7) days of the auction or ?Buy it
Now?? sale concluding.
v. Venmo: For current Venmo payment instructions, call (972-800-
6456) or email (at info@bidgoldstandard.com) GSA.
vi. Zelle: For current Zelle payment instructions, call (972-800-6456)
or email (at info@bidgoldstandard.com) GSA.
c. BUYER?S PREMIUM. All bids are subject to a Buyer?s Premium which
is in addition to the successfully placed bid. For currency, coins,
tokens, notes and precious metals, the Buyer?s Premium shall be
fifteen percent (15%) subject to a minimum of fifteen dollars ($15.00)
per lot. GSA?s Buyer?s Premium is subject change and may increase
from time to time without further notice at GSA?s sole discretion.
d. UNPAID BALANCE AND DISHONORED PAYMENTS. If any Auction
or ?Buy it Now?? invoice submitted by GSA to Bidder is not paid in full
when due, the unpaid balance will bear interest at the highest rate
permitted by law from the date of invoice until paid. Any invoice not
paid when due will bear a three percent (3%) late fee on the invoice
amount. If GSA refers any invoice to an attorney or third-party for
collection, Bidder agrees to pay GSA?s reasonable attorney?s fees,
court costs, and other collection costs incurred by GSA.
In the event the Bidder fails to pay any amounts due, Bidder
authorizes GSA to charge the Bidder?s credit card on file with GSA in
the amount required to pay the invoice in full (plus the applicable
surcharge) or sell the Product(s) securing the invoice to any
underbidders in the Auction that the Product(s) appeared, or at
subsequent private or public sale, or relist the Product(s) in a future
Auction or ?Buy it Now?? listing by GSA. A defaulting Bidder agrees
that all items may be resold by GSA thirty (30) days after the invoice
date, and agrees to pay for the reasonable costs for resale (including,
but not limited to, a 15% seller?s commission, if consigned to an
Auction conducted by GSA). The defaulting Bidder is liable to pay any
difference between the total original invoice for the Product(s) if sold
at a private sale or the subsequent hammer price of the Product(s)
less the 15% seller?s commissions, if sold at GSA?s Auction.
Product title shall not pass to Bidder until all invoices are paid in full.
GSA shall have a lien against the merchandise purchased by Bidder
to secure payment of any and all outstanding invoices. GSA is further
granted a lien and the right to retain possession of any other
property of Bidder then held by GSA to secure payment of any
invoice or any other amounts due to GSA from Bidder. With respect
to these lien rights, GSA shall have all the rights of a secured creditor
under Article 9 of the Texas Uniform Commercial Code, including,
but not limited to, the right of sale (including a 15% seller?s
commission, if consigned to an Auction conducted by GSA). If the
Bidder receives any Product, Bidder agrees to hold such item in trust
until GSA is paid in full. Any GSA auction is deemed a reasonably
commercial sale. In addition, with respect to payment of invoices,
Bidder waives any and all rights to offset he/she/it might otherwise
have against GSA and the consignor of the Product(s) included in the
invoice. If Bidder owes GSA on any account, GSA shall have the right
to offset such unpaid account by any credit balance due Bidder, and
it may secure by possessory lien any unpaid amount by any of the
Bidder?s property in its possession.
In the event the Bidder?s payment is dishonored upon presentment,
Bidder shall pay the maximum statutory processing fee set by
applicable Texas state law, interest at the maximum rate allowed by
law, and reasonable attorneys? fees.
e. TAXES, DUTIES, AND CUSTOMS. Purchased Products may be
subject to taxes, duties, customs and/or fees imposed by various
domestic and/or foreign taxing authorities or governments. Bidder
is solely responsible for payment of any and all such taxes, duties,
customs and/or fees prior to delivery unless alternative
arrangements are made in writing and pre-approved by GSA.
Notice of compliance with Convention of International Trade in
Endangered Species of Wild Fauna and Flora (CITES) for the purchase
of Product(s) made from protected species or wildlife. Any Product(s)
made of or incorporating endangered or protected species or
wildlife may have import and/or export restrictions established by
CITES in various countries and domestically. Plant and animal
properties included, but are not limited to, items made of (or
including) Brazilian rosewood, ivory, whalebone, turtle shell, coral,
crocodile, alligator, lizard, or other wildlife. These items may not be
available to ship internationally or, in some cases, domestically.
Domestic bans and restrictions exist in these states: (1) California
state law prohibits the importation of any product containing python
skin into the State of California, (2) Fossil Ivory is currently banned or
restricted in 5 U.S. States: New York, New Jersey, California, Hawaii,
and New Mexico. By placing an Auction bid or selecting a ?Buy it
Now?? option, the Bidder acknowledges that he/she/it is aware of any
and all restrictions in their country or place of residence and takes
responsibility for: (1) obtaining all information on such restricted
items for both export and import; (2) obtaining all such licenses
and/or permits. Delay, failure, or inability to obtain any such license
or permit does not relieve the buyer of timely payment or afford
them the capacity to void their purchase or payment. Lots and
Products containing potentially regulated wildlife material may be
noted in the description as a convenience to GSA?s Bidders/Sellers.
GSA does not accept liability for errors or failure to mark lots or
Products containing protected, endangered, or otherwise regulated
species. GSA is not liable for any loss caused by or resulting from: (1)
seizure or destruction under quarantine or Customs regulation or
confiscation by order of any government or public authority, or risks
of contraband or illegal transportation of trade, or (2) breaking of
statuary, marble, glassware bric-a-brac, porcelains, jewelry, and
similar fragile articles.
10. PRODUCT SHIPPING & HANDLING / IN-PERSON PICK UP. By
submitting a bid or selecting a ?Buy it Now?? purchase, the Seller and Bidder agree to
GSA's shipping and handling policy and other charges, whether known or unknown
to bidder at the time of bid. GSA does not personally transport or deliver Products
unless in-person pick up at a secure location (not GSA?s office) is pre-arranged by
Bidder with GSA. Unless otherwise noted, GSA shall coordinate shipping of Products
to successful Bidders through reputable third-party shipping service providers such
as the United States Postal Service (USPS), United Parcel Service of America, Inc.
(UPS), FedEx Corporate Services, Inc. (FedEx), Deutsche Post AG (DHL), or the like.
GSA does not guarantee delivery of purchased Products by a specified date, or at all,
due to reliance upon third-party shipping companies. While GSA implements
commercially reasonable efforts to initiate shipping with third-party shippers within
seventy-two (72) business hours of full and final payment, Bidder agrees that neither
delivery of an item after the date desired or expected by Bidder, or loss of an item by
a third-party delivery service, gives rise to grounds for a partial or complete refund
or a credit card chargeback. Bidders understand, acknowledge and agree that once
GSA turns over a purchased Product to a third-party shipper, Bidders? sole recourse
for any alleged lost or delayed Product shall be directly through the third-party
shipper and applicable its applicable insurance policy. Shipping & Handling fees shall
be included in the successful Bidder?s Product invoice. Shipping & Handling fees are
subject to change. All deliveries are subject to GSA?s receipt and clearance of good
funds.
11. NO GUARANTEES OR WARRANTIES. NO WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED
ON ANY PRODUCT/LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE
WITH RESPECT TO ANY PRODUCT/LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE
CASE OF TITLE, GSA IS SELLING ONLY THAT RIGHT OR TITLE TO THE PRODUCT/LOT
THAT THE SELLER OR CONSIGNOR MAY HAVE AS OF THE AUCTION OR ?BUY IT NOW??
SALE DATE. IF A PRODUCT/LOT IS BEING AUCTIONED OR SOLD THROUGH A ?BUY IT
NOW?? SALE ON A CONSIGNMENT BASIS OR AS AN AUCTION ITEM, GSA DISCLAIMS
AND MAKES NO WARRANTY OF TITLE AS SUCH PRODUCTS PURCHASED PASS
DIRECTLY FROM THE SELLER/CONSIGNER TO SUCCESSFUL BIDDER. ALL
PRODUCTS/LOTS ARE SOLD ?AS IS??, WHERE IS, AND WITH ALL FAULTS. NO
WARRANTY, WHETHER EXPRESSED OR IMPLIED IS MADE WITH RESPECT TO ANY
DESCRIPTION, GRADE, OR PURPORTED VALUE CONTAINED IN ANY AUCTION OR ?BUY
IT NOW?? LISTING. BIDDERS AND SELLERS AGREE THAT GSA IS NOT PROVIDING ANY
WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS
SOLD OR AUCTIONED THROUGH THE GSA SITE. BIDDER HEREBY ASSUMES ALL RISKS
CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION,
AND PROVENANCE OF A PRODUCT/LOT.
COINS AND CURRENCY LISTED IN GSA?S CATALOG AS GRADED AND
ENCAPSULATED BY PCGS, NGC, ANACS, ICG, PCGS CURRENCY, PMG, PCGS
BANKNOTE GRADING, CMC OR ANY OTHER THIRD-PARTY GRADING SERVICE ARE
LIKEWISE SOLD ?AS-IS?? EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL THIRD-PARTY
GRADING SERVICE GUARANTEES, INCLUDING AUTHENTICITY, ARE THE SOLE
RESPONSIBILITY OF THE THIRD-PARTY GRADING SERVICE AND NOT WARRANTIES OR
GUARANTEES OF GSA. BIDDERS SHOULD CONTACT THESE THIRD-PARTY GRADING
SERVICES DIRECTLY WITH RESPECT TO ANY CLAIMS OR QUESTIONS THEY MAY HAVE
CONCERNING THEIR GUARANTEES AND WARRANTIES. BIDDERS ACKNOWLEDGE
AND AGREE THAT AUCTIONEER IS NOT BOUND BY OR LIABLE FOR ANY OPINION OR
CERTIFICATION BY ANY THIRD-PARTY GRADING SERVICE. REMOVAL OF A PRODUCT
FROM ITS PROTECTIVE CASING OR HOLDER OR ALTERATION OF ANY COIN HOLDER
WAIVES ALL RIGHTS CONCERNING THE PRODUCT CONTAINED THEREIN.
GSA DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF THE PRODUCT
DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE PRODUCTS ARE CORRECT
OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. GSA HAS NOT UNDERTAKEN
ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED
ON THE GSA SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS
OR WARRANTIES WITH RESPECT TO SAID INFORMATION OR ITS ACCURACY. YOU
AGREE YOU DO NOT RELY ON ANY WRITTEN DESCRIPTIONS, BUT WILL ONLY BID
BASED ON EXAMINATION OF THE PRODUCT/LOT PHOTOGRAPHS POSTED IN
CONNECTION WITH THE AUTION OR ?BUY IT NOW?? LISTING. You hereby
acknowledge that the GSA Sites, the data entered into the Sites, and/or the Seller's
auction or ?Buy it Now?? information may contain errors or inaccuracies.
You understand, acknowledge and agree that the numismatic and precious
metals markets are speculative, unregulated and volatile, and that coin, currency and
precious metal values may rise or fall over time. GSA DOES NOT GUARANTEE OR
REPRESENT THAT ANY BIDDER BUYER PRODUCTS FOR INVESTMENT PURPOSES WILL
BE ABLE TO SELL SAID PRODUCTS FOR A PROFIT IN THE FUTURE.
You further understand, acknowledge and agree that neither GSA, nor its
owners, members, employees, affiliates, agents, representatives, third-party
providers, or consignors warrant that Auctions or ?Buy it Now?? listings will be
unimpaired, uninterrupted or error free and accordingly shall not be liable for such
events.
12. CREDIT CARD CHARGEBACKS PROHIBITED. The ?Limited Returns??
provision set forth herein below provides the limited availability and procedure for
facilitating Product returns in specified situation. Absent the express eligibility and
strict adherence to the procedures for facilitating a return (which must be
preauthorized by GSA in writing), Bidders shall not be entitled to return Product(s),
partial or full refunds, wire recalls, stop payments on checks or credit/debit cards, or
the initiation of a chargeback claim with a Bidder?s credit/debit card provider. BIDDER
UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THERE EXIST NO LEGAL BASIS
FOR INITIATING A CHARGEBACK CLAIM FOR ANY PURCHASED PRODUCT, AND
BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM.
In the event a Bidder does not receive a purchased Product within thirty (30) days of
payment, or the Bidder takes issue with a Product?s grading or condition, Bidder?s
only recourse shall be against the third-party shipping company?s insurance and/or
the appropriate grading service.
13. LIMITED RETURNS. The following terms shall govern the limited return
policy available some Bidders for certain Product(s) under limited circumstances and
only upon written pre-approval from a GSA authorized representative.
a. No certified Product(s) may be returned because of possible
difference of opinion with respect to the grade offered by any thirdparty organization, dealer or service. No guarantee of grade is
offered for uncertified Product(s) sold and subsequently submitted
to a third-party grading service. There are absolutely no exceptions
to this policy. Bidder will solely rely upon the posted photographs of
the Product/Lot, and agrees Bidder will not rely upon the written
description.
b. Under extremely limited circumstances (e.g. gross cataloging error),
a successful Bidder may request GSA to evaluate voiding a sale, if
and only if: (i) such request is made in writing detailing the alleged
gross error and submitted to GSA (at info@bidgoldstandard.com)
within three (3) days of receipt of the Product(s); (ii) submission of
the Product(s) to GSA are pre-approved by an authorized GSA
representative; and (iii) the successful Bidder notifies GSA (13859
Diplomat Drive, #150, Dallas, TX 75234) in writing of such request
within three (3) days of the Bidder?s receipt of the Product(s). Any
Product that is to be evaluated must be in GSA?s office (13859
Diplomat Drive, #150, Dallas, TX 75234) within thirty (30) days after
the conclusion of the Product(s) auction. Grading or method of
manufacture do not qualify for this evaluation process nor do such
complaints constitute a basis to challenge the authenticity of
Product(s). AT THE CONCLUSION OF THE AFOREMENTIONED THIRTY
(30) DAY PERIOD, NO PRODUCTS MAY BE RETURNED FOR REASONS
OTHER THAN AUTHENTICITY. IT IS WITHIN GSA?S SOLE DISCRETION
TO DETERMINE WHETHER THE ALLEGED ERROR QUALIFIES FOR A
PARTIAL, COMPLETE, OR NO REFUND (SUBJECT TO A 15%
RESTOCKING FEE SET FORTH HEREIN). Returned Products must be
housed intact in their unaltered original holders or packaging. Late
remittance of payment for purchases may be considered just cause
to revoke all return privileges.
c. THREE (3) DAY RETURN POLICY. Certified Coin and Uncertified and
Certified Currency lots paid for within seven (7) days of the auction
or ?Buy it Now?? salemay be sold with three (3) day return privileges
(only upon written pre-approval by GSA) unless otherwise noted in
the description as ?Sold As Is / No Return??. You may return Product(s)
under the following limited conditions with written pre-approval
from GSA: (i) within three (3) days of receipt of the Product(s), you
must first notify GSA by email (at info@bidgoldstandard.com) and
telephone (972-800-6456), obtain written pre-approval via email,
and immediately ship the return Product(s) in their original
condition, fully insured, and housed in their original holder or
packaging, to the attention of ?GOLD STANDARD AUCTIONS, LLC ?
RETURNS, 13859 Diplomat Drive, #150, Dallas, TX 75234.?? Said return
Product(s) must be in GSA?s possession, custody and control within
thirty (30) days after the conclusion of the Product(s) auction or such
return privileges are revoked without further notice and the late
Product will be shipped back to the Bidder at his/her/its sole
expense. A non-negotiable restocking fee of fifteen percent (15%) of
the purchase price ($10.00 per Product/lot minimum) will be
deducted from the refund for each returned Product (or billed
directly to the Bidder). Postage and handling, customs, and other
fees are not refunded. After the three-day period (from Bidder?s
receipt), no Product(s) may be returned for any reason. Late
remittance for purchases revokes all return privileges.
d. Bidders who have inspected the Product(s) in-person prior to an
auction or ?Buy it Now?? purchase, or bid through an agent, will not
be granted any return privileges, except for reasons of authenticity.
e. Coins sold referencing a third-party grading service are sold ?AS IS??
without any express or implied warranty, except for a guarantee by
GSA that they are genuine. Removal or alteration of the holder, voids
all of Bidder?s claims concerning that Product. Certain warranties
may be available from the grading services and Bidders are referred
to them for further details: Numismatic Guaranty Corporation (NGC),
PO Box 4776, Sarasota, FL 34230,
www.ngccoin.com/services/writtenguarantee.asp; Professional Coin
Grading Services (PCGS), PO Box 9458, Newport Beach, CA 92658,
www.pcgs.com/guarantee.html; ANACS, 6555 S. Kenton St., Ste. 303,
Englewood, CO 80111; and Independent Coin Grading Co. (ICG),
7901 East Bellview, Ave., Suite 50, Englewood, CO 80111.
f. Notes sold referencing a third-party grading service are sold ?AS IS??
without any express or implied warranty, except for guarantee by
GSA that they are genuine. Grading, condition or other attributes of
any Product may have a material effect on its value and the opinion
of others, including third-party grading services such as PCGS
Currency and PMG may differ with that of GSA. GSA shall not be
bound by any prior or subsequent opinion, determination, or
certification by any grading service. Bidders specifically waive any
claim to right of return of any Product because of the opinion,
determination, or certification, or lack thereof, by any grading
service. Certain warranties may be available from the grading
services and Bidders are referred to them for further details: Paper
Money Guaranty (PMG), PO Box 4711, Sarasota, FL 34230; PCGS
Currency, PO Box 10470, Peoria, IL 61612-0470; PCGS Gold Shield,
PO Box 9458, Newport Beach, CA 92658. Third-party graded notes
are not returnable for any reason whatsoever.
g. Notes graded by PCGS Currency between February 4, 2009, and
January 30, 2019, were graded and authenticated by K3B, Inc. under
license from Collectors Universe, Inc. K3B, Inc., now operating as
Legacy Currency Grading, has expressed in writing that notes graded
under the license during this time period will still be covered by the
full written guaranty of PCGS Currency. Warranties may be available
from Collectors Universe, Inc. for PCGS Currency notes graded prior
to February 4, 2009.
h. Since GSA cannot examine encapsulated coins or notes, they are
sold ?AS IS?? without GSA?s grading opinion, and may not be returned
for any reason. GSA shall not be liable for any patent or latent defect
or controversy pertaining to or arising from any encapsulated
Product. In any such instance, Bidder?s remedy, if any, shall be solely
against the service certifying the Product.
i. Due to changing grading standards over time, differing
interpretations, and to possible mishandling of Products by
subsequent owners, GSA reserves the right to express an opinion as
to an item?s grade differently than shown on certificates from any
grading service that accompany the Product, but shall have no
obligation to do so. GSA also reserves the right to express an opinion
as to a product?s grade differently than the grades shown in a prior
catalog should such items be reconsigned to any future auction or
?Buy it Now?? sale, but shall have no obligation to do so.
j. Although consensus grading is employed by most grading services,
it should be noted as aforesaid that grading is not an exact science.
In fact, it is entirely possible that if a Product is broken out of a plastic
holder and resubmitted to another grading service or even to the
same service, the Product could come back with a different grade
assigned.
k. Certification does not guarantee protection against the normal risks
associated with potentially volatile markets. The degree of liquidity
for certified coins and collectibles will vary according to general
market conditions and the particular lot involved. For some Products
there may be no active market at all at certain points in time.
l. All non-certified coins and currency are guaranteed genuine, but are
not guaranteed as to grade, since grading is a matter of opinion, an
art and not a science, and therefore the description rendered by GSA
or any third-party grading service may not agree with the opinion of
others (including trained experts), and the same expert may not
grade the same item with the same grade at two different times. GSA
may, but is not obligated to, express an opinion as to non-certified
numismatic items, in GSA?s opinion, or by its employees? experience
and the current interpretation of the American Numismatic
Association?s standards as of the date the catalog was prepared.
There is no guarantee or warranty expressed or implied that the
grading opinions utilized by GSA, if any, will meet the standards of
any grading service at any time in the future.
m. Storage of purchased coins, tokens and currency: Bidders
understand and acknowledge that certain types of plastic may react
with a coin, token or currency?s surface or transfer plasticizer to
notes and may cause damage. You understand, acknowledge and
agree that you shall exercise caution to avoid the use of storage
materials that are not inert.
14. RESTOCKING FEE. All Products which qualify for return and are
returned in strict conformity with the notice and physical return requirements set
forth herein, shall be subject to a mandatory restocking fee equal to twenty-five
percent (25%) of the Product?s Auction or ?Buy it Now?? purchase price.
15. WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. IN
CONSIDERATION OF PARTICIPATION IN GSA AUCTIONS OR ?BUY IT NOW??
LISTINGS, YOU, FOR YOURSELF, YOUR HEIRS, AGENTS, SUCCESSORS, AND
ASSIGNS, GENERALLY AND SPECIFICALLY WAIVE AND RELEASE, AND FOREVER
DISCHARGE GSA, AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS,
EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES, AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS, RIGHTS,
DEMANDS, CAUSES OF ACTION, ARBITRATIONS, LAWSUITS, OR OTHER LEGAL
PROCEEDINGS, OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED
TO CLAIMS BASED UPON GSA?S ALLEGED NEGLIGENCE OR DIFFERING OPINION
AS TO GRADE, WHETHER IN LAW OR EQUITY, TORT OR OTHERWISE, WHETHER
KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH YOU MAY
ASSERT WITH RESPECT AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY
CHALLENGE TO THE TITLE TO OR AUTHENTICITY OF ANY PRODUCT PURCHASED,
THE SALE ITSELF, ANY PRODUCT/LOT BID UPON OR CONSIGNED, THE AUCTION,
OR THE ?BUY IT NOW?? LISTING, EXCEPT WHERE SUCH CLAIM IS OTHERWISE
EXPRESSLY AUTHORIZED IN THIS AGREEMENT. IT IS YOUR INTENTION THAT THIS
WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM
THAT MAY ARISE HEREUNDER OR BE RELATED TO THE SERVICES, AUCTION, ?BUY
IT NOW?? LISTING, THE SITES, AND/OR THE PRODUCT(S), AND YOU HEREBY
KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL PURPORTED RIGHTS AND
BENEFITS OTHERWISE CONFERRED UPON YOU BY STATUTE OR COMMON LAW.
YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF GSA
SERVICES AND THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL GSA, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, OR REPRESENTATIVES, BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, TIME VALUE OR OTHER
PECUNIARY LOSS AND/OR CLAIMS UNDER THE TEXAS DECEPTIVE TRADE
PRACTICES ACT OR SIMILAR STATUTE) ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE GSA SERVICES
AND/OR SITES, OR NEGLIGENCE OF GSA OR OF ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHT TO A JURY
TRIAL IS WAIVED. UNDER NO CIRCUMSTANCES WILL YOU SEEK ANY DAMAGES
EXCEEDING THE AMOUNT PAID FOR AN ITEM OR LOT.
16. DISPUTE RESOLUTION, ARBITRATION AND REMEDIES. In
consideration of the privilege to participate in GSA Auctions and sell or purchase
Products through an Auction or ?Buy it Now?? listing, you accept the terms set forth in
this Agreement and specifically agree to the dispute resolution provisions provided
herein.
a. Exclusive Dispute Resolution Process: All Claims, disputes, or
controversies arising out of, in connection with, and/or relating to: (i)
your use of the Sites, (ii) participation in an Auction or ?Buy it Now??
listing, (iii) purchase or sale of a Product, (iv) any interpretation of the
Terms or any amendments thereto, (v) any description of any
Product/lot or condition report, (vi) any damage to any Product, (vii)
any alleged verbal modification of any Term or condition report or
description, and/or (viii) any purported settlement whether asserted
in contract, tort, under federal or state statute or regulation, or any
claim made by you concerning a Product or your participation in an
Auction or ?Buy it Now?? sale involving a warranty or representation
of a consignor, other person, or entity, including GSA (collectively a
?Claim??) shall be exclusively heard by, and the claimant (or
respondent) and GSA each consent to the Claim being adjudicated
through confidential, binding, in-person arbitration before a single
arbitrator administered by and conducted under the rules of the
American Arbitration Association (AAA) as the buyer?s sole remedy.
The locale for all such arbitrations shall be in-person in Dallas, Dallas
County, Texas. The arbitrator?s award may be enforced in any court
of competent jurisdiction within Dallas, Dallas County, Texas. In the
event a Claim must be litigated after an arbitration demand is filed
with the AAA (including actions to compel arbitration, construe this
Agreement, actions in aid of arbitration, or otherwise), such litigation
shall be exclusively in the courts of the State of Texas, in Dallas
County, Texas, and if necessary, the corresponding appellate courts.
YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. YOU AGREE
THAT IN-PERSON ARBITRATION IS YOUR SOLE REMEDY FOR ANY
AND ALL CLAIMS AGAINST OR INVOLVING GSA.
b. Fees, Costs and Interest: Each party shall pay one-half of any
anticipated arbitration fees to initiate the process. The prevailing
party (a party that is awarded substantial and material relief on its
liability and damage claim based on damages sought versus
awarded or the successful defense of a Claim based on damages
sought versus awarded) may be awarded reasonable attorney?s fees,
costs and applicable pre- and post-award interest by an arbitrator
and/or subsequent court of competent jurisdiction.
c. Remedies: Any Claim must be brought within two (2) years of the
alleged breach, default, or misrepresentation or the Claim is waived.
GSA?s maximum liability shall be limited to any commission and fees
GSA earned on that Product. GSA in no event shall be responsible for
consequential, incidental, compensatory, or any other damages (set
forth herein including those claimed under the Texas Deceptive
Trade Practices Act) arising or claimed to be arising from the Auction
or ?Buy it Now?? sale. Exemplary and punitive damages are not
recoverable and are waived. In the event GSA cannot deliver a
Product or it is subsequently established that the Product lacks title,
or other transfer or condition issue is claimed, in such cases the sole
remedy shall be limited at most to rescission of the sale and refund
of the amount paid by Bidder; in no case shall GSA?s maximum
cumulative liability exceed the high bid on the Product, which bid
shall be deemed for all purposes the value of the Product. In the
event of an attribution error, GSA may, at its sole discretion, correct
the error on the internet/Site, or, if discovered at a later date, refund
Bidder?s purchase price without further obligation. Nothing herein
shall be construed to extend the time of return or conditions and
restrictions for return.
d. These Terms provide specific remedies for occurrences in the
Auction or ?Buy it Now?? listing and delivery process. Where such
remedies are afforded, they shall be interpreted strictly. You agree
that any Claim shall utilize such remedies. In the event you make a
Claim in excess of those remedies provided in these Terms, you
agree that in no case whatsoever shall GSA?s maximum liability
exceed the high bid on the Product, which bid shall be deemed for
all purposes the value of the Product.
e. Failure to participate in the arbitration is a default and material
breach of this Agreement.
f. GSA reserves the right to initiate a lawsuit, instead of arbitration, for
any unpaid amounts due from Bidder to GSA, and the parties agree.
GSA is entitled to the additional recovery of its costs, expenses,
attorney?s fees, and interest in such matter if you breach any
provision of these Terms and Conditions.
17.GOVERNING LAW AND VENUE. This Agreement, the Bidder Terms &
Conditions, the Seller Terms & Conditions, and any Claim shall be determined
and construed in accordance with Texas state law. Any and all Claims
submitted to arbitration and subsequent litigation shall be exclusively heard
by a single arbitrator (or subsequently by a court of competent jurisdiction) in
Dallas, Dallas County, Texas, where all obligations under this Agreement are
performable.
18.NOTICES. Except as explicitly stated otherwise, notices to you shall be given
by email to the email address provide by you to GSA during the Seller/Bidder
registration process. Notices to GSA shall be given by email to
info@bidgoldstandard.com or by certified mail, return receipt requested (or
other mail service providing delivery confirmation) to GOLD STANDARD
AUCTIONS, LLC at 13859 Diplomat Drive, #150, Dallas, TX 75234. Emailed
notices shall be deemed given twenty-four (24) hours after the notice email is
sent, unless the sending party is notified that the email address is invalid
within twenty-four (24) hours of being sent. It is your sole responsibility to keep
GSA apprised, in writing, of your current email address at all times.
19. MISCELLANEOUS.
a. TERMINATION. Without limiting any other remedies, GSA reserves the
right to terminate your use of GSA Services, with or without cause, at its
sole discretion.
b. NO ASSIGNMENT. You shall not assign or transfer this Agreement, or
any of its rights and obligations hereunder without GSA's prior written
consent.
c. NO AGENCY. This Agreement does not give rise to any agency,
partnership, joint venture, employee-employer or franchisor-franchisee
relationship between yourself and GSA.
d. USE AND OWNERSHIP OF DATA, IMAGES, AND TEXT. GSA owns all right,
title and interest in and to all Auction and ?Buy it Now?? data, including
images, videos, text, and all intellectual property rights therein and
thereto. Seller expressly agrees that all data provided by a Seller to GSA
for purposes of listing Seller?s Product(s) for Auction or ?Buy it Now??
listing through consignment, may be utilized by GSA for purposes of
marketing, promotion, and advertising GSA and/or Services, Sites,
Auctions, and ?Buy it Now?? listings. By accepting these Terms, you
further consent to being contacted by GSA in the future via phone and
email. In conformity with ?do-not-call?? regulations promulgated by
federal and/or state regulatory agencies, your utilization of GSA?s
Services and/or Sites and/or participation in a GSA Auction or ?Buy it
Now?? sale, is affirmative consent to being contacted at the phone
number and email address provided in your Seller or Bidder registration
application and this consent shall remain in effect until it is revoked in
writing. GSA may from time to time contact you concerning sale,
purchase and/or auction opportunities available through GSA and its
affiliates.
e. AUCTION DATES AND TIMES. Auction dates and times are set by GSA
and/or the Seller and are subject to change without notice.
f. CONTACT INFORMATION. Should you have any questions concerning
this Agreement, or if you desire to contact GSA for any reason, please
email at info@bidgoldstandard.com or call GSA at (972)800-6456.
Last Updated 15 August 2023
Gold Standard Auctions, LLC