SOLD
200.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2008 May 25 @ 07:22UTC+7
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
<html><head><meta http-equiv='Content-Type' content='text/html; charset=utf-8' /><title>Genuine 5.75 ct Apatite & Diamond Earrings 14kt Gold</title></head><body><style type='text/css'> <!-- .style1 { font-family: Geneva, Arial, Helvetica, sans-serif; font-weight: bold; color: #FFFFFF; font-size: medium; } .style4 {color: #FFFFFF; font-size: small; font-family: Geneva, Arial, Helvetica, sans-serif;} .style5 { font-family: Geneva, Arial, Helvetica, sans-serif; font-weight: bold; font-size: medium; color: #FFFF00; } .style6 { font-family: Geneva, Arial, Helvetica, sans-serif; font-weight: bold; font-size: small; color: #CCCCCC; } .style9 {font-family: Geneva, Arial, Helvetica, sans-serif; font-size: small; } .style10 { font-family: Geneva, Arial, Helvetica, sans-serif; font-weight: bold; font-size: small; color: #FFFFFF; } .style13 {font-family: Geneva, Arial, Helvetica, sans-serif; font-size: small; color: #FFCC33; } .style15 {font-family: Geneva, Arial, Helvetica, sans-serif; font-size: small; color: #FF9933; } .style17 { font-family: Geneva, Arial, Helvetica, sans-serif; font-size: x-small; font-weight: bold; color: #FFFF00; } .style18 { font-family: Geneva, Arial, Helvetica, sans-serif; font-weight: bold; font-size: small; } .style20 {color: #FFFFFF; font-size: x-small; font-family: Geneva, Arial, Helvetica, sans-serif; } .style22 { font-family: Geneva, Arial, Helvetica, sans-serif; font-size: x-small; color: #FFFF00; } .style23 { color: #FFFF00; font-weight: bold; } .style24 { font-family: Geneva, Arial, Helvetica, sans-serif; font-size: 18px; font-weight: bold; color: #000000; } .style26 { font-family: Geneva, Arial, Helvetica, sans-serif; font-weight: bold; font-size: 36px; color: #FF0000; } --> </style> <table width='100%' bgcolor='#FF0066' border='0' cellspacing='0' cellpadding='0'> <tr> <td> </td> <td width='778'><img src='http://www.tinajewelry.net/Hermans/Live/toppage.jpg' width='778' height='326'></td> <td> </td> </tr> <tr> <td> </td> <td align='center'>
<table width='550' border='0' cellpadding='4' cellspacing='4' bgcolor='#FFFF00'> <tr> <td width='20'></td> <td><span class='style26'>Please read before you bid</span> <p><span class='style24'>1. We ship after 14 business days after payment.
2. There is a buyer premium of 20% on each sale.
3. All return are subject to 15% restocking fee.
4. Shipping to USA is US$32.00 by FedEx fully insured.</span>
</p></td> </tr> </table>
<table width='700' border='2' align='center' cellpadding='4' cellspacing='4' bordercolor='#FF0066'> <tr> <td align='center'><span class='style1'>Genuine 5.75 ct Apatite & Diamond Earrings 14kt Gold</span></td> </tr> </table> <table width='700' border='2' align='center' cellpadding='4' cellspacing='4' bordercolor='#FF0066' bgcolor='#FF0066'> <tr> <td align='center' class='style4'>Graduate Gemologist Certified 5.75 Carat Apatite & Diamond Earrings elegantly set in solid 14kt gold!!</td> </tr> </table></td> <td> </td> </tr> <tr> <td> </td> <td background='http://www.tinajewelry.net/Hermans/Live/mainbg.jpg'><table width='100%' border='0' cellspacing='0' cellpadding='0'> <tr> <td valign='top'><table width='190' border='0' align='center' cellpadding='2' cellspacing='2'> <tr> <td><p class='style20'>
</p> <table width='180' border='0' cellpadding='2' cellspacing='2' bordercolor='#FF0066' bgcolor='#FF0066'> <tr> <td><span class='style20'><span class='style23'>CONTACT US :</span><BR> Our contact email</span><span class='style22'><A href='mailto:sales@hirajewels.com'><font color='#FFFFFF'>sales@hirajewels.com</font></A></span><font color='#000000'><span class='style20'></span></font><span class='style20'><BR>Please include eBay ID and auction ID when inquiring about an auction OR You may contact us using this Ebay Page.</span></td> </tr> </table>
<table width='180' border='0' cellpadding='2' cellspacing='2' bordercolor='#FF0066' bgcolor='#FF0066'> <tr> <td><span class='style20'><span class='style23'>PAYMENT :</span><BR> We accept all kinds of Credit Cards only via PayPal(the preferred method). Winning Bidder shall receive the email of payment details within 24hrs of the close of auction.</span></td> </tr> </table>
<table width='180' border='0' cellpadding='2' cellspacing='2' bordercolor='#FF0066' bgcolor='#FF0066'> <tr> <td><span class='style20'> <span class='style23'>WorldWide Shipping Options(Including Shipping to USA)</span>
<strong>USA</strong> $32.00
<strong>Canada / Australia</strong> $28 (ODA Charge $20 by FedEx if applicable)
<strong>Netherland / Italy / UK</strong> $35
<strong>Spain / Russia / Sweden</strong> $42
<strong>France / Romania</strong> $70
<strong>Middle East</strong> $50
<span class='style23'>Combine your items:</span>
We happily Combine upto 10 items per shipment within a 7 day period from the first item you win.
Again, Please Email us if you are a special case. </span></td> </tr> </table>
<table width='180' border='0' cellpadding='2' cellspacing='2' bordercolor='#FF0066' bgcolor='#FF0066'> <tr> <td><p class='style20'><span class='style23'>RETURN :</span><BR> Any item may be returned for refund within 7 days of receipt. Item(s) must be returned in original condition.<BR> <BR> Return is subject to a 15% Restocking Fee. All returns must be sent to our US address which we shall indicate once we know that you would like to return. We will not accept any returns back to our Thailand address due to Duties and Taxes. Shipping costs are non-refundable.<BR> </p> <span class='style20'></span></td> </tr> </table> </td> </tr> </table></td> <td width='380' valign='top'>
<table width='340' border='2' align='center' cellpadding='4' cellspacing='4' bordercolor='#FF0066' bgcolor='#FF0066'><tr><td align='center' bgcolor='#FFFFFF' class='style4'><img src='http://www.tinajewelry.net/cp/image/n01115.jpg' width='320'></td></tr></table>
<table width='340' border='2' align='center' cellpadding='4' cellspacing='4' bordercolor='#FF0066' bgcolor='#FF0066'><tr><td align='center' bgcolor='#FFFFFF' class='style4'><img src='http://www.tinajewelry.net/cp/image/n01115a.jpg' alt='' width='320' ></td></tr></table>
<TABLE width='340' align='center' cellPadding='4' cellSpacing='2' bordercolor='#FF0066' bgcolor='#FF0066'> <TBODY> <TR> <TD align='middle' bgColor='#CC0066'><span class='style5'>Item Details</span></TD> </TR> <TR> <TD bgColor='#FF3399'><span class='style4'><STRONG>Metal</STRONG><BR> </span> <TABLE cellSpacing='2' cellPadding='2' width='100%' border='0'> <TBODY> <TR> <TD bgColor='#CC0066' colSpan='2'><span class='style6'>14Kt Gold-Yellow</span></TD> </TR> <TR> <TD width='100' bgColor='#CC0066'><span class='style13'>Finish:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>Polished</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style13'>Weight:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>4.46 Grams</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style13'>Ring Size:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>-</span></TD> </TR> </TBODY> </TABLE> <span class='style10'><BR> Stone(s)</span><BR> <TABLE cellSpacing='2' cellPadding='2' width='100%' border='0'> <TBODY> <TR> <TD bgColor='#CC0066' colSpan='2'><span class='style6'>Apatite</span></TD> </TR> <TR> <TD width='100' bgColor='#CC0066'><span class='style15'>Carats*:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>5.65</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style15'>Color:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>Fine</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style15'>Clarity:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>Fine</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style15'>Cut:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>Oval</span></TD> </TR> <TR> <TD bgColor='#CC0066' colSpan='2'><span class='style6'>Diamonds</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style15'>Carats*:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>.10</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style15'>Color:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>F-G-H</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style15'>Clarity:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>SI1-I1</span></TD> </TR> <TR> <TD bgColor='#CC0066'><span class='style15'>Cut:</span></TD> <TD bgColor='#FFFFFF'><span class='style9'>Round Brilliant</span></TD> </TR> </TBODY> </TABLE></TD> </TR> </TBODY> </TABLE>
<TABLE width='340' border='0' align='center' cellPadding='2' cellSpacing='4' bordercolor='#FF0066' bgcolor='#FF0066'> <TBODY> <TR> <TD bgColor='#FFFF00'><span class='style18'>GEMSTONE CLARITY GUIDE</span></TD> </TR> <TR> <TD><TABLE cellSpacing='4' cellPadding='4' width='100%' border='0'> <TBODY> <TR> <TD width='50%'><TABLE id='table' cellSpacing='0' cellPadding='0' width='100%'> <TBODY> <TR> <TD vAlign='top' align='left' width='94' height='95'><DIV align='center' class='style4'><strong>FL</strong><BR> <strong>IF</strong><BR> <BR> <strong>VVS</strong> <BR> </DIV></TD> <TD vAlign='top' align='left' width='396'><span class='style4'>Flawless.<BR> Internally Flawless; free of inclusions.<BR> Very Very Small inclusions-pin pricks,<BR> Cannot seen by naked eye.</span></TD> </TR> </TBODY> </TABLE> <TABLE id='table2' cellSpacing='0' cellPadding='0' width='100%'> <TBODY> <TR> <TD vAlign='top' align='left' width='50' height='97'><DIV align='center' class='style4'><strong>VS<BR> <BR>SI<BR> <BR>I1</strong><BR> </DIV></TD> <TD vAlign='top' align='left' width='207'><span class='style4'>Very Small inclusions, Cannot seen by naked eye.<BR> Slight Inclusions; small inclusions<BR> sometimes visible by naked eye.<BR> Included; inclusions seen with naked eye.</span></TD> </TR> </TBODY> </TABLE></TD> </TR> </TBODY> </TABLE></TD></TR> </TBODY> </TABLE>
</td> <td width='205' valign='bottom'><img src='http://www.tinajewelry.net/Hermans/Live/bottomline.jpg' width='204' height='366'></td> </tr> </table></td> <td> </td> </tr> <tr> <td bgcolor='#FF0066'> </td> <td align='center' bgcolor='#FF0066'><span class='style17'>
Copyright ? 2008 Hermans Jewelry. All Rights Reserved.
</span></td> <td bgcolor='#FF0066'> </td> </tr> </table>177_RKT</body>
Auction Location:
919/305 jewelry trade ct 24th floor, Bangkok, Thailand
Previewing Details:
Lots are available for preview 24 hours prior to the first day of the entire auction event, by appointment only. Please contact us for reservation information.
See Terms and Conditions
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
20% |
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
Accepted Payment Methods:
- VISA
- Discover
- Money Order/Bank Draft
- See Payment Details
CONTACT INFORMATION
Hermans Jewelry
Phone: +66818666890
email: sales@hirajewels.com
Hours: Monday-Friday 9am to 6pm PST (not on weekends or holidays).
CONDITIONS OF SALE
By participating and or bidding in this auction you acknowledge that you (Buyer) are in full agreement with all of the Terms and Conditions of this auction sale described herein. The following Terms and Conditions of Sale and Guarantee are HERMANS and the Consignor's (if applicable) entire agreement with the Buyer relative to the property listed in this auction. Any and all contents of this auction are subject to amendment exclusively by HERMANS by the posting of notices or by oral announcements made during the sale. The property will be offered by HERMANS unless the indicated otherwise. By participating in this auction, you acknowledge that you are bound by these terms and conditions including the following:
INTERNATIONAL BIDDERS
We ship internationally to Canada, Europe, Australia and Japan. International Shipping fees are a flat rate of $25.00 per package.
PAYMENT METHOD
Payment must be made through PayPal. All major credit cards and e-checks are accepted through PayPal only. Personal checks, money orders or cashiers checks accepted. We will send you the payment information once you have won the auction by email. If you have any difficulties with the check out process, please contact us at sales@hirajewels.com. Also, make sure that your current e-mail address is the same e-mail address that is registered in your 'My eBay Preferences/Personal Information Page' to ensure proper communication. If you have email Filters/Spam blockers, you may not receive communications from us and we may not be able to process your order.
BUYERS PREMIUM
A 15% buyer’s premium will be added to all orders won in this auction event.
SALES TAX
Unless exempted by law, the Buyer is required to pay California State Sales Tax of 7.75% (if located within California) and any compensating use tax of another state, and/or any federal luxury or other tax, on the total purchase price including the Buyer's premium (if any). Sales tax is only void if Buyer furnishes HERMANS a valid resale permit or if the merchandise is shipped out of the State of California.
REFUND RETURN POLICY
We offer a 5 day return option. Please note there is a 15% Restocking Fee for any returns.If you are not satisfied with your merchandise for any reason, you may return it within 5 days after receipt and receive a refund less 15% Restocking fee and all shipping & handling, and insurance. To receive a refund you must return your merchandise to us at the address in the US provided by email once you let us know that you want to return. Please properly pack the merchandise and include the original jewelry gift box, jewelry tag, copy of the receipt and gemological report (if applicable) and return it via an insured & trackable method such as, USPS, UPS or FedEx. Merchandise must be returned undamaged and in its original condition. If the gem card is not returned, a $50 fee will apply. Refunds are generally made within 10 BUSINESS DAYS (excluding weekends & holidays) after we receive the returned merchandise.
SHIPPING & HANDLING
$25.00 shipping fee by FedEx Fully Insured until its full bid value. Item is usually delivered by FedEx with 4 to 7 days of it being shipped.
OR
$8.00 Airmail Charge. NOT insured at all. Item usually takes 2 to 4 weeks to be delivered. We strongly suggest shipping by FedEx as the safest option.
We are Happy to combine uptil 7 items per shipment. Buyer needs to pay all the items together in one payment after they have won all the items they wanted.
NON-PAYING BIDDERS
HERMANS must receive payment within 7 days of the end of auction. If payment is not received within the 7 days, you will be in default and your right to the item(s) will automatically be forfeited. HERMANS will then file a Non-Paying Bidder Alert to eBay (which can and result in you being suspended indefinitely from eBay) if we do not receive payment by the eighth day after the end of the auction. We also reserve the right to file against your credit. You must notify us by e-mail of any special circumstances that would delay you from meeting our payment policy requirements.
FEEDBACK
PLEASE NOTE THAT WE ARE AN AUCTION HOUSE AND NOT A JEWELRY STORE. The item description, Gemological Report (if applicable) and other information we provide to you is the information that is provided to us by our consignors and gemological laboratories. Therefore, it is unreasonable for anyone to leave Negative Feedback considering our ''No Hassle-No Questions Asked'' return & refund policy.
Your Complete Satisfaction is our top priority. Positive Feedback is always encouraged and greatly appreciated. If you leave us Positive Feedback, we will promptly provide you the same. Negative or Neutral Feedback is highly discouraged. If you are not satisfied with your purchase, please contact us or return it for a refund as per our return policy. Further, please allow us the opportunity to remedy any adverse situation. If you provide us with Negative or Neutral Feedback, you will automatically receive the same in return if we disagree. Our policy is to 'Find a Happy Resolution' rather than resort to negative comments against each other. We are very fair and easy to deal with. Please review eBay's Feedback Rules before resorting to leaving negative feedback. If you participate in our auction, please adhere to all of our terms conditions, conditions, rules and policies.
FEEDBACK DISPUTE RESOLUTION
If you leave Negative or Neutral Feedback against us and we do not agree, then you automatically and irrevocably agree to consent to Square Trade to resolve the feedback dispute. If you fail to comply with Square Trades request to mediate, then you automatically and irrevocably agree to ARBITRATION (as described under this provision and the DISPUTE RESOLUTION provision below) to hear the Negative or Neutral Feedback dispute, with the final result rendered by an arbitrator being binding between the parties. Any arbitration award may be entered into a court of law and a judgment may be rendered by the court empowering/instructing eBay to completely remove the Negative or Neutral Feedback comments. A judgment rendered by the court may also include monetary damages. If you fail to submit to Arbitration, you will automatically be in default and the arbitrator may proceed with the arbitration and enter an award in your absence.
DISPUTE RESOLUTION
For any Dispute that occurs between Buyer and Seller (the parties) that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for Resolution of the Dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted for BINDING ARBITRATION with Judicate West, in Santa Ana, Orange County, California. Seller shall select a neutral arbitrator. The Arbitration process shall be started by either party requesting Arbitration which must be served upon the other via one or more of the following methods: certified mail, e-mail (read request receipt) or Fax (fax transmission report required). Failure to respond to participate in the arbitration confirms a default. Each party shall simply present their case (limited to a maximum of two hours for each party) to the arbitrator. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a Court of Law. The parties empower the arbitrator to hear the dispute in Orange County California and agree that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party which can be confirmed in any Court of law with proper jurisdiction. Arbitration fees shall be split equally between the parties. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute.
DESCRIPTION OF LOTS
HERMANS IS NOT A JEWELRY STORE and HERMANS does not provide any gemological evaluation and/or analysis of mounted or un-mounted stones, finished or unfinished jewelry. HERMANS solely relies on the item descriptions provided by its Consignor's and Gemological Laboratories. Item descriptions only represent an estimated opinion by the Consignor(s), Gemological Laboratories and in no way or case shall HERMANS or its Consigner(s) be held responsible for any inaccuracies or differences which could occur by examination of the item by other Gemological Laboratories or other experts in the field of grading gemstones and jewelry. HERMANS or its Consignor(s) is not responsible for errors and omissions in the description, glossary, or any supplemental material. The descriptions and any amendments thereto reflect HERMANS Consignor's sole opinion of the item(s) being auctioned. All property is sold AS IS without any representations or warranties by HERMANS as to merchantability, fitness for a particular purpose, the correctness of the information or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the auction ad, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. HERMANS makes no representations and warranties, express or implied, as to whether the Buyer acquires any copyrights, including but not limited to, any reproduction rights in any property. HERMANS is not responsible for errors and omissions in the description, glossary, or any supplemental material. Written and oral descriptions are HERMANS consignor's sole opinions and should in no way be considered as a guarantee of any kind whatsoever, including but not limited to, the age, condition, description of materials or any other feature of item(s) being sold. We only offer Refunds as described in the Refund Return Policy paragraph above. All sales shall be considered final. No statement written or oral made by HERMANS shall be deemed a warranty or assumption of liability by HERMANS or its consignor(s). All images shown are for identification purposes only and are not intended to represent the actual color or clarity of the item being auctioned. HERMANS disclaims responsibility for, and prospective Buyers should solely not rely upon the details identifying metals, gemstones, weights, sizes, quality, condition or authenticity of any lot described or condition report. Buyers shall note that some natural gemstones may be processed by a variety of different techniques, including but not limited to, treatments using oil, heat, dyes and resins which offer an enhanced appearance. HERMANS will provide Buyers any available gemological certificates in HERMANS possession. The item descriptions should, but may not necessarily state, whether these techniques have been used, and HERMANS makes no representations or warranties, express or implied, as to whether any natural stones have been treated. Photos displayed in ads may not be of the actual item if we have multiples.
ESTIMATES
Quoted replacement values are for insurance purposes only and shall not be considered as the actual value of the item. Since jewelry/gemstone evaluation, analysis and appraisals are extremely subjective, an estimate of the retail replacement value may vary from one appraiser to another and such a variance does not necessarily constitute an error on the part of any appraiser. Diamonds and Colored Gemstones are generally graded only as mounting permits observation. The weight of Diamonds and Colored Stones are estimated by formula and may not be exact. Buyer assumes all risk in purchasing any item(s) auctioned by HERMANS. HERMANS shall not be responsible for any claims or disputes arising from any item described herein and HERMANS, its employees, members, agents and/or affiliates shall not be liable for any loss, damage or expense for any error in or omission arising from any information provided herein. HERMANS has made no representation or warranty in connection with any item(s) described herein.
VERIFICATION
Prospective bidders should verify property before bidding to determine its condition. Your bidding will signify that you have verified the items to your satisfaction or that you have chosen not to verify them prior to bidding and agree to accept the item (without objections) that you are bidding on. If you are uncertain about any item being auctioned, we recommend that you e-mail us for more detailed information prior to bidding. If you are still uncertain about the item after contacting us, please refrain from bidding.
WITHDRAWAL
We reserve the right to withdraw any property prior to the end of the sale and shall have no liability whatsoever for such withdrawal.
BIDDING
We reserve the right to accept or reject any bid for any reason whatsoever. The highest bidder acknowledged will be the actual Buyer. In the event of any dispute between bidders, or in the event of doubt on HERMANS part as to the validity of any bid, HERMANS will have the exclusive final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the item in dispute and are not responsible for any errors or omissions in connection therewith. HERMANS reserves the right to protect any reserve price by placing floor bids. HERMANS shall be the sole arbitrator in case of any disputed bid.
RULES
If any dispute occurs between bidders, HERMANS reserves the exclusive right to cancel the auction and immediately re-list the item up for bid. HERMANS sole discretion shall be binding upon all bidders. HERMANS reserves the right to group multiple lots together and prior to bidding, withdraw any lot from the sale. The highest bidder acknowledged by HERMANS shall be the Buyer except in the case where the bid is held by the reserve. Any bid amount may be accepted or rejected by HERMANS at its sole discretion. HERMANS reserves the sole right to refuse to honor any bid that is not submitted in good faith or supported by references to the satisfaction of HERMANS. Buyer personally guarantees the payment of the item(s) for this sale. If HERMANS deems that the Buyer is in default, HERMANS may, in its sole discretion either cancel the sale of the lot(s) and retain as liquidated damages all of the funds paid by Buyer to HERMANS and/or resell the lot(s) in any matter necessary by HERMANS. HERMANS may be a consignor of this sale. HERMANS reserves the right to add or withdraw items to or from the auction at any time prior to or after the auction without notice even if buyer has already paid for the item (if the item is paid for by Buyer and withdrawn by HERMANS, then HERMANS shall provide a complete refund to Buyer). Buyer agrees to hold HERMANS harmless from any and all liability arising from HERMANS, its appointed officials, members, employees, auctioneer, the company and its agent and employees, the event organizers, sponsors and or volunteers in connection with this auction.
LIMITATION OF LIABILITY
In no event will our liability to a Buyer exceed the purchase price actually paid for an item. HERMANS shall not be liable for any breach or default of a consignor. In no event shall HERMANS liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall HERMANS have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of Buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the item or its purchase, sale, delivery or non-delivery, or the acts or omissions of HERMANS or HERMANS agents, representatives, officers, members, managers, directors, employees and/or affiliates.
SEVERABILITY
If any provision or portion thereof of the Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
NO ASSIGNEIMANSENT
Unless HERMANS consents in writing, Buyers may not assign their rights or any of their obligations relating to an auction or other sale by HERMANS. Any assignment without HERMANS written consent will be void.
COMPLETE AGREEMENT AND BINDING AGREEMENT
The Terms and Conditions (which for all purposes include the Conditions of Sale) contain all of the provisions applicable to the agreement between HERMANS, on the one hand, and each bidder and Buyer, on the other, with respect to the subject matter of the Terms and Conditions. The provisions of the Terms and Conditions supersede and extinguish all other agreements, representations or understandings, whether prior or contemporaneous, oral or written, between the parties concerning that subject matter. The Terms and Conditions shall be binding on Buyer's heirs, beneficiaries, executors, and successors and permitted assigns.
CONTRACT MODIFICATIONS AND WAIVER
The Terms and Conditions may not be changed, unless HERMANS agrees in writing to Buyer. No waiver shall be effective unless in writing and signed by the party alleged to have given the waiver. A waiver on one occasion by HERMANS shall not be a waiver on any other or future occasion or affect HERMANS right to insist on strict performance of all other provision