NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2003 Dec 06 @ 09:00UTC-06:00 : CST/MDT
Melody in motion Clown
Auction Location:
United States
Unless exempted by law, the purchaser shall pay any and all applicable taxes.
Additional Fees:
Shipping Details:
Please see terms and conditions
Payment Details:
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<p>By registering to bid or placing a bid you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person.
<p>1. All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Curt D Johnson from any liability.
<p>2. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Curt D Johnson may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Curt D Johnson be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
<p>3. All internet Bidders agree to pay a buyer’s premium equal to ten Percent (10%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00 the buyer’s premium will be $10.00 for a total purchase price of $110.00.
<p>4. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Curt D Johnson shall endeavor to describe in detail each item and any pertinent information about it. Curt D Johnson will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Curt D Johnson. Bidder’s sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Curt D Johnson agrees that the item was materially and intentionally misrepresented Curt D Johnson will refund the Bidder’s purchase price to him/her. Bidder agrees that under no circumstances whatsoever will Curt D Johnson ever be liable to any bidder for an amount greater than the purchase price of the item they purchased.
<p>5. Curt D Johnson is providing internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Curt D Johnson or anyone else if the internet service fails to work correctly before or during the live auction. Curt D Johnson will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the bidding feature and leave their maximum bid 24 hours before the auction begins. Curt D Johnson reserves the right to withdraw or re-catalog items in this auction.
<p>6. The auctioneer shall advance the bidding at his own discretion. Curt D Johnson may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. The record of the auction made by Curt D Johnson shall be conclusive.
<p>7. When the auctioneer says “sold” Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment shall be made in cash or certified funds or by VISA, Mastercard. Checks of any kind must be accompanied by an irrevocable bank letter of credit guaranteeing payment to Curt D Johnson and approved at least 24 hours in advance of the auction. If a check accepted by Curt D Johnson is returned for any reason bidder agrees that Curt D Johnson may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under North Dakota law. Any amount left unpaid shall accrue interest at the highest rate allowed under North Dakota state law. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Bidder agrees to indemnify Curt D Johnson against any claim if sales tax is not collected on Bidder’s purchases. Bidder agrees to not stop payment on any check paid to Curt D Johnson. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder’s payment has been honored.
<p>8. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. The auction company can arrange for packing and shipping. Packing and shipping costs are the responsibility of the buyer and may be quoted before shipping. Fragile items and purchases over $500 will be shipped by a professional packer and may result in higher shipping costs. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition. Any merchandise not removed by bidder may be moved and stored at bidder’s expense, resold at the next auction or disposed of in any other way Curt D Johnson deems to be suitable. Bidder shall have no claim to merchandise not removed by the above date.
<p>9. Bidder agrees that this agreement shall be governed by the laws of the state of North Dakota and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Grand Forks, North Dakota. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Curt D Johnson and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Grand Forks, North Dakota.
<p>10. Curt D Johnson may refuse a buyer’s number to anyone for any reason. Bidder agrees to provide any identification Curt D Johnson may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
<p>11. We want you to be happy with your purchases. If you have questions about the merchandise the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for your patronage.
<p>Please Note: All bidders and others attending this auction agree that they have read and fully understand these terms and agree to be bound thereby.
<p>Identification: All bidders are required to have a Bidder’s Number and must give us positive identification of driver’s license number, full name, address and phone number.
<p>Addition to or withdrawal from sale: The auction company reserves to right to withdraw from sale any of the items listed or to sell at this auction item not listed and also reserves to right, whenever in the best interest of the seller will not be served, to group one or more lots into one or more selling lots or to subdivide into two or more selling lots.
<p>Dispute between bidders: If any dispute arises between two or more bidders, the auctioneer may decide the winning bidder or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute.
<p>Reserve: The auction company reserves the right to reject any and all bids. The decision of the auctioneer shall be final and absolute. Some items of property may be offered subject to a “reserve” or confidential minimum price below which the item will not be sold. In such instances the auctioneer may implement the reserve by bidding on behalf of the consignor, house, owner or designated bidder.
<p>Condition of items sold: The auction company shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. Please contact Best of the West auctions for condition reports and information.
<p>Manner of payment: Cash, checks, VISA, Mastercard or Paypal. All bills must be paid in full within 10 days of auction.
<p>Compliance with term of sale: In default payment of bills in full within the time herein specified, the auction company, in addition to all other remedied allowed by law, may retain all monies received as deposit or otherwise as liquidated damages. Lots not paid for and removed within the time specified herein may be resold at public or private sale without further notice, and deficiency, together will all expenses and charges of resale, will be charged to the defaulting purchaser.
<p>Additional terms and conditions: Any additional terms or conditions of sale may be announced prior to auction.
<p>Removal: Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be delivered only on presentation of paid bill. Auction company shall not be responsible for goods not removed within the time specified, and shall have the option of removing and storing at the expense and risk of the purchaser any article purchased, but not paid for and removed in the specified time. Internet buyers pay all shipping and handling fees.
<p>Non-delivery and responsibility: Auction company shall not, in any event, be liable from any matter of thing, including non-delivery to any purchaser of lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled to it.
<p>All sales are final: When the auctioneer says “sold” title immediately passes to the successful bidder. No claims will be allowed after goods are removed from premises.
<p>Personal and property risk: Persons attending during exhibition, sale or removal of goods assume all risk of or loss to person and property and specifically release the auctioneer, auction company and/or its agents from liability therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in condition of the premises on which the sale is held.
<p>Everyone attending the auction is entitled to bid: The high bidder is the buyer.
<p>Agency: The auction company and auctioneer are acting as agent only and are not responsible for acts of their principals.
<p>Default on payment: Should any purchaser/bidder fail to pay all sums due & owing to auctioneer at time of sale, then purchaser/bidder agrees to pay in addition to principal sum owing 1.5% per month interest compounded monthly on said unpaid principal balance due and accrued interest. In addition, purchaser/bidder agrees to pay in addition to the above all necessary collection costs and reasonable attorney fees incurred by auction company whether or not a lawsuit is started. Collection costs include all court costs, service costs, investigation costs, title search and all other costs incidental to either collecting the sums owed to auction company or securing the return of property in question.
<p>Buyer’s premium: A 15% buyer’s premium will be charged from $0-$4999, 12% from $5000-$9999, and 10% over and above $10000.