NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2024 Feb 18 @ 11:00UTC-5 : EST/CDT
Please allow 10 days for shipping invoices to be sent. They will come from Shipping Saint and will be sent to the email address on file.
E6150/5 -MYYN
TITLE DESCRIPTION: Watermelon Tourmaline & amp; Diamond Butterfly Necklace
DESCRIPTION DETAIL: Genuine Tourmaline and Earth-Mined Diamond Necklace
OVERALL CONDITION: Excellent, New
STONE: Tourmaline
Weight:& nbsp; 21.76 Carats Total Weight (Approximately)
Shape: Butterfly, Figural
Color: Watermelon, Bi-color
DIAMONDS:
Weight: 1.21 Carats Total Weight (Approximately)
Shape: Round, Brilliant-Cut
Color: I-J
Clarity: SI-1
METAL: 14K Yellow Gold
WEIGHT: 141 grams
SIZE: 17.5& quot; Long Chain (has adjustment rings to wear an inch shorter)
APPRAISAL REPORT: This necklace is certified and appraised for $10,800.00 estimated retail replacement value by IAS.
ADDITIONAL INFORMATION: This necklace features two pieces of carved bi-colored tourmaline. The pink-green colored tourmaline, known as Watermelon Tourmaline, has a shiny, vitreous luster and is carved into butterfly wings that measure approximately 1.75& quot; x 3/4& quot; each. The 'wings' are prong-set on a solid gold frame signed by the designer Oscar Friedman and an ornate under gallery for support and balance. The delightful butterfly is completed with over 1.00 Carats of diamonds in the 'body' and surrounding halo. The butterfly is suspended from a static gold chain with a lobster clasp. Mined from deep within the earth, this watermelon tourmaline has been given wings and will soar to new heights as a breathtakingly beautiful butterfly necklace. The chain is approximately 17.5& quot; long and has 2 additional rings placed 1& quot; apart that can be used to shorten the necklace and reposition the butterfly as necessary.
PRIOR TO BIDDING READ THE DESCRIPTION CAREFULLY
This description and condition report is provided for your convenience based on the information provided by the consignor.
Buyers Premium: 18%
Shipping Billed Separately
Payment Due in 7 days
All items shipped to registered address - NO EXCEPTIONS
Auction Code: E6150/5 -MYYN
Auction Location:
9130 S US Highway 1, Port St Lucie, Florida, 34952, United States
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
18% |
Additional Fees:
Shipping Details:
ITEM(S) WILL NOT SHIP TO AN ADDRESS THAT DIFFERS FROM THE ADDRESS ON FILE. Please allow 10 days for shipping invoices to be sent. They will come from Shipping Saint and will be sent to the email address on file.
Payment Details:
No Info Available
Accepted Payment Methods:
- VISA
- Master Card
- AMEX
- Discover
- Wire Transfer
IMPORTANT: READ THIS CONTRACT BEFORE CONTINUING
THIS ENTIRE DOCUMENT IS A CONTRACT BETWEEN YOU AND SELLER. THIS CONTRACT INCLUDES DISCLAIMERS, AUCTION RULES, AND OTHER IMPORTANT TERMS AND CONDITIONS. BY ENTERING THIS CONTRACT, YOU AGREE TO RECEIVE COMMUNICATIONS FROM SELLER BY EMAIL OR IN ANY OTHER FORM, AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, AND AGREE TO WAIVERS OF CLASS ACTION AND JURY TRIAL.
THIS CONTRACT INCORPORATES ANY APPLICABLE HOST AUCTION HOUSE TERMS AND CONDITIONS, WEBSITE TERMS AND CONDITIONS, AND PRIVACY POLICY. IN CASE OF CONFLICT, THE PROVISIONS MOST FAVORABLE TO SELLER CONTROL.
ANY ONE OF THE FOLLOWING CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THIS CONTRACT: (1) REGISTERING FOR AN AUCTION; (2) PLACING A BID;
(3) VIEWING SELLER’S AUCTIONS; (4) “FOLLOWING” SELLER; (5) USING ANY OF SELLER’S PAGES OR SERVICES.
PLEASE NOTE THAT BY PLACING A WINNING BID YOU ALSO AGREE TO THE MEMORANDUM OF SALE SHOWN HEREIN AS WELL AS ANY SPECIAL TERMS OR CONDITIONS STATED WITH THE LISTING.
BIDS CANNOT BE WITHDRAWN. BY PLACING A BID, YOU PROMISE TO PAY THE BID AMOUNT, BUYER’S PREMIUM, AND ALL PROCESSING, SHIPPING, TAXES, AND OTHER FEES, CONTINGENT UPON SELLER’S ACCEPTANCE OF YOUR BID AS THE WINNING BID. INITIATING A CHARGEBACK DISPUTE TO AVOID YOUR CONTRACT OBLIGATIONS IS FRAUD AND MAY RESULT IN LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 IN ADDITION TO OTHER SUBSTANTIAL CIVIL AND CRIMINAL PENALTIES. SELLER RESPONDS AGGRESSIVELY TO FRAUD AND CHARGEBACK ABUSE.
1. DISCLAIMER AND LIMITATION OF LIABILITY
ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES.
A listing often includes a catalog of the lot, item descriptions, and information and opinions about the item. Nothing in the listing or in any additional visual, written, or oral description provided is a guarantee, representation, or warranty. Any statement given is a courtesy only, shall be deemed provided by the consignor and not by Seller, is only an opinion, and shall not be treated as a statement of fact. Seller shall have no responsibility for any error or omission.
You acknowledge that in entering this Contract, using Seller’s pages or services, viewing an Auction, registering for an Auction, placing a Bid, providing any information, or completing any transaction, you are not relying on any representations or warranties made by Seller or any other person. It is your responsibility to examine items offered for sale, consult with experts of your own choosing, and arrive at an independent judgment about items prior to placing any bid. If you require absolute certainty about any item, do not bid on the lot in question.
SELLER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER.
SELLER ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE AND SERVICES, AND CONTENT ACCESSED THROUGH THE WEBSITE OR SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE WEBSITE OR THE SERVICES; OR (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE WEBSITE OR THE SERVICES. THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
BY PLACING A BID, YOU ASSUME ALL RISKS.
SELLER’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS IS STRICTLY LIMITED
IN NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES EXCEPT FOR DIRECT DAMAGES, WHETHER ARISING IN TORT, EQUITY, CONTRACT, LAW, OR OTHERWISE, AND WHETHER OR NOT NEGLIGENT, RECKLESS, OR INTENTIONAL. FURTHERMORE, SELLER’S MAXIMUM LIABILITY TO YOU FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, ATTORNEY FEES, PROCEEDINGS, OR OTHER LIABILITIES ARISING IN RELATION TO A LOT SHALL BE, IN THE AGGREGATE, FOR A REFUND OF ANY AMOUNTS ACTUALLY PAID BY YOU TO SELLER TOWARDS THE PURCHASE PRICE OF THAT LOT. SELLER’S MAXIMUM LIABILITY TO YOU FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, ATTORNEY FEES, PROCEEDINGS, OR OTHER LIABILITIES THAT DO NOT ARISE IN RELATION TO ANY LOT SHALL BE, IN THE AGGREGATE, A MAXIMUM OF $1,000.
IN THE EVENT SELLER ENFORCES THESE DISCLAIMERS AND LIMITATIONS IN ANY PROCEEDING, SELLER SHALL BE AWARDED COSTS AND ATTORNEY FEES.
2. AUCTION RULES
• Placing a Bid. BIDS CANNOT BE WITHDRAWN. Bids made in error or by someone else using your account are your responsibility and cannot be withdrawn. Seller is not liable for any Website, internet, or other failures that interfere with the placement or receipt of any bid. Bids may usually be placed until the auction time-period expires. Seller has the discretion to withdraw a lot from auction at any time prior to accepting a winning bid.
• Winning Bid. Seller determines the winning bidder in Seller’s sole discretion, and Seller has the authority to resolve any disputes between bidders. The winning bidder is the highest bid accepted by Seller. Seller may in its sole discretion exclude any bidder or disregard any bid and instead accept the next highest bid as the highest bid. The online display showing the highest bid does not represent acceptance by Seller or rejection of earlier bids – no bids have been rejected by Seller until Seller determines the winning bid.
• Reserve Prices and Bidding by Seller/Consignor. Seller and/or any consignor reserve the right to bid on any lot(s). Unless stated otherwise, any lot may be subject to a reserve price hidden from bidders. Seller and/or consignor may determine that an auction has no winner if no bid exceeds the reserve price. Seller and/or consignor may open bidding and continue to bid up to the amount of the reserve price, either by placing consecutive bids or placing bids in response to other bidders. Nothing in the listing shall be construed to indicate a reserve price.
• IN CASE OF ERROR: In case of an error by Seller or the auctioneer, Seller may in its sole discretion cancel the sale and relist the Lot. You indemnify and hold harmless Seller and Consignor from and against any losses, damages, claims, and legal proceedings that may arise from or relate to the Seller’s application of a reserve price, withdrawal of any lot, determination of the winning bid, relisting, or resolution of any dispute between bidders.
• Prohibited Bidding Practices. Bids must be good faith offers to purchase, made by competent persons financially capable of payment, and made by persons not prohibited by law from purchasing or obtaining the items offered for sale. Bids that violate these requirements are prohibited and may result in exclusion from auctions, cancellation of your account, and legal action. Engaging in a prohibited bidding practice shall constitute confession of fraud and liability for actual, consequential, exemplary, and punitive damages.
• Account Security. All registered accounts require that at least one natural person is listed as party jointly and severally liable for all bids and other liabilities and obligations without the requirement that remedies be exhausted against any other person. By registering for an auction and/or placing a bid, you accept these terms. MAINTAIN REASONABLE SECURITY MEASURES. DO NOT GIVE OTHERS YOUR PASSWORD. DO NOT ALLOW OTHERS TO USE AN ACCOUNT YOU CREATE. YOU ARE PERSONALLY LIABLE FOR THEIR BIDS AND ALL SUBSEQUENT LIABILITIES AND OBLIGATIONS. Please contact Seller immediately if you have concerns about unauthorized or erroneous use of your Account.
3. NON-DISPARAGEMENT
By using Seller’s pages or services, viewing an auction, registering for an auction, bidding on an auction, “following” seller, or completing any transaction, you represent and warrant that you shall not make any disparaging or negative statements, whether spoken, written, or in electronic, text, audio, visual, social media, online review, or other method or forum, about the Seller, its consignors, Auction House, Seller’s Auction Rules or other procedures, or any lots or items offered for auction. You agree that doing so would constitute disparagement and intentional interference with Seller’s business relationships, which would irreparably harm Seller such that no remedy at law would be adequate, and Seller would be entitled to temporary, preliminary, and injunctive relief, without bond, in addition to damages, costs, and attorney fees, in any court of competent jurisdiction and without waiving Seller’s right to compel arbitration. This provision shall not be construed to prevent you from communicating with legal counsel, commencing legal proceedings consistent with this Contract, or providing information to a government agency.
4. DISPUTES
IN ANY DISPUTE WITH SELLER, YOU WAIVE THE RIGHT TO A JURY TRIAL. YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN ANY PROCEEDING AGAINST SELLER AS A MEMBER OR REPRESENTATIVE OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, EXCEPT WHERE WAIVER IS PROHIBITED BY LAW OR DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO PUBLIC POLICY. IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, YOU WAIVE ANY RIGHT TO RECOVER COSTS AND ATTORNEY FEES; FURTHERMORE, NO CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION SHALL BE ARBITRATED IF THE COST WOULD EXCEED THE COST OF ARBITRATION OF A SINGLE MEMBER’S CLAIM.
You must submit any dispute you have to Seller via email at: sales@2bidonit.com, within six months (180 days) of the transaction. Seller will make a determination about your dispute within thirty (30) days based on the information you provide. If you do not accept Seller’s decision, you must email that same address to demand arbitration within thirty (30) days after the Seller’s decision. Your demand must explain in detail why Seller’s determination is unsatisfactory and must clearly describe the amount or resolution that you demand. Any dispute you bring against Seller, or which Seller submits to arbitration, must be resolved by binding arbitration before an impartial Arbitrator selected by Seller and held in accordance with the Consumer Arbitration Rules of the American Arbitration Association and the Florida Arbitration Code, app lying the law of Florida, except those regarding conflict of laws.
You agree not to initiate any chargeback dispute against Seller except as authorized by law. You acknowledge that a chargeback dispute not authorized by law is fraud and will cause substantial harm to Seller. You agree that if you initiate such a chargeback dispute you will be liable to Seller for liquidated damages in the amount of $5,000, not as a penalty but as a reasonable estimate of the unknown costs, attorney fees, and other expenses Seller will incur in responding to your dispute. You agree that at the conclusion of such a dispute, regardless of outcome, Seller may enforce these liquidated damages in any court of competent jurisdiction, without waiving Seller’s right to enforce arbitration. You understand and agree that you bear all risks of diligence and evaluation of lots and items purchased, all risks of loss or damage after fall of hammer (or expiration of time in online auction), all risk for use of your registered account, and all other risks assigned to you herein or by law. Attempting to use a chargeback dispute to avoid your contract obligations or allocation of risks is fraud.
SELLER SHALL BE AWARDED COSTS AND ATTORNEY FEES IN ANY ACTION TO ENFORCE THESE DISPUTE PROCEDURES OR LIQUIDATED DAMAGES.
5. MISCELLANEOUS
SELLER MAY UPDATE THIS CONTRACT AT ANY TIME AND WITHOUT ANY NOTICE TO YOU BEYOND POSTING THE UPDATES. BY CONTINUING TO REGISTER, BID, VIEW AUCTIONS, FOLLOW SELLER, OR USE SELLER’S PAGES OR SERVICES, YOU AGREE TO THE MOST CURRENT VERSION OF THIS CONTRACT.
No communication, writing, or other attempt by you to modify, amend, or exclude any portion of this Contract will be effective. No portion of this Contract can be waived by any delay on Seller’s part, and no waiver shall be effective except in writing and duly executed by an authorized representative of Seller.
If any part of this Contract is unenforceable, it shall be modified to the minimum extent required to comply with applicable law, or – if modification is not possible – the unenforceable language will be deleted. This Contract, as altered, shall continue in full force and effect.
This Contract continue s so long as you hold an account or a registration for an auction, place any bid, view any auctions, remain on Seller’s mailing lists, use any of Seller’s pages or services, owe any amount to Seller, or assert any claim or defense against Seller. No disclaimer, indemnity, release, or limitation of liability in favor of Seller shall expire. No right of Seller to accrue and recover payment of any amount shall expire.
6. PRIVACY POLICY
By using our website or services, creating an account, bidding, communicating with us by email or any other method, or by otherwise submitting personal information to us, you agree to the terms of this Privacy Policy; you give your consent to the collection, storage and use of personal information as explained in this Privacy Policy. We do not sell your personal information to third parties, but we may share it with our affiliates and service providers, and we make no representation or warranty about their practices.
The term “personal information” refers to non-public information that personally relates to or identifies you, such as your name, password, age, gender, email address, postal mailing address, zip code, home/mobile telephone number, Social Security number and/or taxpayer identification number, and other similar information). If we combine or associate information from other sources with personal information that you provide directly to us through or in connection with our services, we will treat the combined information as personal information in accordance with this Privacy Policy.
Other information not treated as personal that may be collected on the Website may include, without limitation, website pages viewed, sites visited before visiting this Website, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, presentations viewed, time spent viewing pages of our website or using certain features of our website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our website, frequency of visits to our website, connection speed, and other information which does not specifically identify you. We or our providers may also send you, without limitation, “cookies, ” “beacons, ” “logs, ” and other data or code used for authentication, security, site functionality, and other purposes.
If you make a payment, you will be engaging in a financial transaction. In any such transaction, you will be asked to provide financial information. We do not retain your account and routing numbers without permission. We may transfer your financial information to a third party for payment processing; we make no representations or warranties about the practices of third-party payment processors. We use customary services to process payment.
By subscribing or following us, you consent to receive invoices, notices, and other communications about your purchases and contracts with us via email, which shall constitute effective notice. Additionally, you consent to receive all other communications from Seller and our affiliates, including commercial communications. To unsubscribe, email sales@2bidonit.com. You will still receive invoices, notices, and other communications about your purchases and contracts with us.
Please note that Seller’s auctions may be hosted by an online auction house that has its own website terms and conditions and privacy and security policies. You should review such auction house agreements in addition to your contract with the Seller. You acknowledge that Seller is not responsible for any server, registrar, application, service, or other third party product or service on which Seller’s urls, domains, website, pages, widgets, applications, auctions, payment processing, and other available services are hosted. Seller is not responsible for any virus, malicious code, malware, spyware, adware, or other harmful or undesirable content or components.
Seller may provide links that allow you to access third party websites, applications, or services. Those are not under the control of Seller, and Seller is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Seller provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Seller of the site.
When you click on advertiser banners, sponsor links, or other external links, your browser automatically may direct you to another Website that is not hosted or controlled by Seller or the Auction House. Seller is not responsible for the content, functionality, or technological safety of any external Website. You acknowledge and agree that your use of these linked Websites is subject to different terms of use that those governing the Website and Services and such linked Websites may be subject to different privacy practices that those set forth in the Privacy Policy governing the Website and Services.
Although Seller is under no obligation to do so, Seller reserves the right to disable Website links to or from third-party Websites. This right to disable links includes links to or from advertisers, sponsors, and partners.
7. INTELLECTUAL PROPERTY
You agree to be strictly prohibited from copying, replicating, or imitating any aspect of the listings, text, photos, videos, webpages, design, color schemes, logos, trade dress, trademarks, service marks, names, phone numbers, domains, urls, copyrights or works of authorship, or other property (altogether, “Intellectual Property”) of Seller, consignor, Auction House, or any other person. You also agree that the Intellectual Property includes all notes, copies, compilations, modifications, developments, derivatives, and creations made, in whole or in part, by you or any other natural or legal person or agency, with use of or reference to the Intellectual Property. You agree that as between you and Seller, the Seller owns all right, title, and interest, including all registrations and renewals, in the Intellectual Property. Furthermore, you agree to execute all documents necessary to evidence said ownership or to effectuate a transfer or assignment of the Intellectual Property to Seller or Seller’s designee.
You agree that if you breach or threaten to breach this provision the Seller would be irreparably harmed and have no adequate remedy at law, such that the Seller would be entitled to temporary, preliminary, and permanent injunctive relief without requirement of bond, cumulative with and without waiving any other remedies. Furthermore, Seller will be entitled to seek injunctive relief in any court of competent jurisdiction, without waiving Seller’s right to compel arbitration.
If you believe that any information published online by Seller infringes on your copyright, you should notify Company of your claim in accordance with the following procedures. Company will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to Company’s designated agent of service: Confiscated Assets Auctioneers, 9130 S US 1, Port St. Lucie, FL 34952.
To be effective, the notice of infringement must contain the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. MEMORANDUM OF SALE
Your placement of any bid on a Lot is an irrevocable offer to purchase the Lot at your highest bid on that Lot. If Seller accepts your bid as the winning bid, a Memorandum of Sale shall be deemed, as follows:
• Our electronic record of your account registration is incorporated into the Memorandum of Sale as the name(s) and address(es) of the purchaser(s). All accounts registered to an entity include, as a party to this Memorandum of Sale, all natural persons listed in the account registration and/or placing a bid using the account. If an account does not list a natural person, the natural person who created the account shall nevertheless be a party. Each party is jointly and severally liable.
• The name of the Seller is Bering Auctions, Inc. A reference to the Seller includes the company, its representatives, officers, directors, stockholders, members, managers, employees, consultants, agents, and affiliates.
• The lot descriptions and photographs displayed with our listing are incorporated into the Memorandum of Sale as the description of property sold (the Lot), subject to the Disclaimer and Limitation of Liability.
• The Purchase Price is equal to (i) the winning bid, as shown by our electronic record; (ii) a non-refundable buyer’s premium of eighteen percent (18%) of the winning bid; (iii) a 4% processing fee for all credit cards; (iv) flat-rate FedEx or USPS shipping, insurance, handling, and signature fees; and (v) any applicable taxes, levies, duties, or other such fees (you must provide prompt certification of any resale or other exemption from tax). The Purchase Price is incorporated into the Memorandum of Sale as its statement of price.
• Our electronic record of your highest bid on the Lot is incorporated into the Memorandum of Sale as the statement of price.
• Our terms of credit are as follows: All invoices are due within ten (10) days of the invoice date, even if subsequently reduced. All liabilities are due within ten (10) days of their incurrence, whether or not invoiced. Any unpaid invoice or liability may be submitted to collections sixty (60) days after its date and/or for legal action one-hundred twenty (120) days after its date. You are liable attorney fees for collection, litigation, arbitration, or appeal, and all other fees, costs, and expenses of collections, litigation, arbitration, or appeal. All invoices and liabilities shall accrue interest at the rate of 1.5% per month after their due date (or the maximum statutory rate, if the maximum rate allowed by statute is less).
• The terms and conditions of the Contract are incorporated into the Memorandum of Sale. In cases of conflict, any special terms and conditions of listing, and then our Contract, and then this Memorandum of Sale, shall control. Without limitation, the following apply:
o Buyer agrees Seller has no obligation to ship the Lot to you in the event of nonpayment or a chargeback dispute. Shipping typically occurs within fifteen days after Seller’s receipt of payment, but Seller is not liable to you for delays beyond Seller’s control.
o If you fail to pay your invoice when due, initiate a chargeback, or request permission to return the Lot, Seller may (a) obtain specific performance of your obligation to purchase the Lot and/or refuse any request to return; or (b) cancel your bid and obtain from you liquidated damages of forty percent (40%) of your winning bid.
o You agree that liquidated damages cover restocking, the buyer’s premium, shipping and handling, processing fees, relisting, storage, auction costs and losses, and other damages. You agree that such amount is not a penalty but is a reasonable estimate of damages to avoid the inconvenience and difficulty of Seller obtaining an adequate remedy.
o We generally accept bank wire transfers, personal or company check, cashier's check, money order, Visa, MasterCard, Discover and American Express. For items purchased online, you will be emailed an invoice within 24 hours after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact Seller at (772) 337-4700 or email Seller at Hawklevy@gmail.com if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, Seller reserves the right to hold all purchases until the check has cleared to the satisfaction of Seller and its bank. In some cases, Seller may decline the method of payment elected by you and require a different or specific form of payment.
o All sales are final and as-is. You acknowledge that Seller has provided adequate opportunity for you to inspect the Lot and that you have not relied on any representations or warranties made by or on behalf of Seller. You hereby indemnify and hold harmless Seller and assume for yourself the entire risk of losses, damages, demands, and/or legal proceedings that may in any way arise from or relate to: (a) any error or omission in any listing, description, photograph, appraisal, estimate, evaluation, representation, or warranty of or about the Lot that may be provided to you by Seller or any other person; (b) your purchase, resale, gift, or other use or disposition of the Lot; and/or (c) any products liability or defects, latent or otherwise, or the physical condition of any items or lots purchased or any law, regulation or standard applicable thereto.
o All risk of loss from fire, theft, storage, removal, shipping, or any other cause passes from Seller to the winning bidder upon the fall of the hammer (or expiration of time in an online auction). It is your responsibility to purcha se insurance against the risk of loss while your lot is in Seller’s possession, during shipment, or otherwise. In the event that Seller is nevertheless found liable to you for any damage, loss, or failure to deliver, Seller’s liability shall be limited to a refund of amounts actually paid by you to Seller for the item(s) lost, damaged, or not delivered.
• Our electronic record of the placement of your winning bid constitutes your execution of the Memorandum of Sale.
• The date on which your bid is accepted as the winning bid shall be incorporated into the Memorandum of Sale as its effective date.
• Seller may enforce your payment obligations in any court of competent jurisdiction or in arbitration, at Seller’s sole discretion, in addition to any other remedies available to Seller.
• You must initiate disputes only as provided in the Contract section entitled “DISPUTES, ” by providing Seller notice and opportunity to resolve, and by submitting to arbitration. If you initiate an unauthorized chargeback dispute, you will be liable for $5,000 in liquidated damages for costs, attorney fees, and other expenses associated with the dispute, and may be liable for other civil and criminal penalties, as well as enforcement of your obligations and all other remedies available to Seller. IF YOU BELIEVE YOU ARE THE VICTIM OF CREDIT CARD FRAUD, CONTACT SELLER IMMEDIATELY.