TERMS AND CONDITIONS OF SALE
BUYERS
By accessing “Companies Estate Sales” (CES) services, you are affirming that you have read and agree to the following terms and conditions, as listed below:
Buyer’s Contract: A bid placed on an Item through the CES website creates a binding contract between CES and the Bidder to pay the amount bid, any applicable taxes, and any fees due to CES.
If you are unable to pay for and pick up during the period specified for the auction, do not place a bid.
A Bidder seeking exemption from the requirements that payment and physical possession of the Item follow the terms and conditions described herein should contact CES management PRIOR to placing a bid.
In addition, bidders using the CES website agree that they will not:
- Place a bid through the CES website if they are under the age of 18 years old, or otherwise unable to enter into a legally binding contract.
- Collude with other bidders or otherwise manipulate the auction process.
- Fail to complete payment for winning bids.
- Circumvent the CES fee structure for auctions.
Buyer’s Premium: It is the seller’s choice whether or not to charge a buyer’s premium. Bidders are responsible for reading and understanding the terms for each auction before bidding. Bidders are responsible for paying the buyer’s premium on any item for which they place a winning bid.
Close of Bidding: The closing time of each item is listed on the website. Items close in the order in which they are listed on the website. On the final day of the sale the website will list specific closing times for each item. However, any item that receives a bid within the last five minutes of the closing time will automatically be extended for an additional three minutes from the time at which the bid was received. This automatic extension system will remain in effect as long as bids continue to be entered. If no bid activity is received for five minutes, the item will close, and the winning bid will be registered.
Credit Card Information: Bidders are obligated to enter valid credit card information when registering on the site, and to update that information as needed. By entering credit card information, a Bidder authorizes CES to charge his or her credit card for the amount of any winning bid, as well as the taxes and buyer’s premium. A Convenience Fee of 3% will be applied to any sale completed by credit card.
Purchase Terms: To avoid the credit card Convenience Fee, Bidders may be able, through prior arrangement with CES, to arrange to pay by cash, check, cashier’s check, or wire.
In those circumstances where CES has agreed in advance to accept non-credit card payment, payments may be made via cash or check during the period specified and agreed to for payment, listed with the details for each auction. Purchases over $2,500 must made paid by cashier’s check, check with valid ID, ACH, or wire.
PLEASE NOTE THAT BIDDERS WHO FAIL TO PAY AND PICK UP THE ITEMS FOR WHICH THEY HAVE PLACED WINNING BIDS DURING THE TIME SPECIFIED IN THE DETAILS FOR EACH SALE, AUTHORIZE CES TO CHARGE THEIR REGISTERED CREDIT CARD FOR THE AMOUNT OF THE WINNING BID, AS WELL AS ANY APPLICABLE TAXES AND FEES.
Item Condition: While CES endeavors to disclose any obvious faults in each item description, items are sold AS IS. CES makes no representations or warranties as to the condition, quality or provenance of any items sold. CES agents assess each item and CES includes descriptions which indicate known flaws including, but not limited to cracks, chips or obvious damage. Bidders are cautioned that almost all of the items listed for sale on the CES website are vintage, antique, or second-hand and normal wear consistent with age and use is to be expected. In occasions, public previews of auctions are offered so that Bidders can inspect items in person before placing a bid and Bidders are strongly encouraged to preview the items in person to ensure adequate assessment of item condition. Any potential Bidder uncertain of item condition, quality or provenance should not place a Bid in reliance upon the description provided by CES. All accepted Bids are binding and enforceable.
Limitation of Liability: CES maintains a list of recommended carriers, however, all Bidders agree that CES makes no representations or warranties as to the quality or capability of any carrier and that CES is not responsible for any damage to items caused in shipment.
All Bidders agree that CES will not be liable for any indirect, special, punitive, compensatory, consequential or exemplary damages. In the event that CES is found to be liable to the Bidder, damages are limited to and may not exceed the amount of money paid by the Bidder to CES during the preceding three months.
Sales Tax: All sales are governed by state sales tax laws. Bidders who are exempt from state sales tax must provide a state sales tax exemption certificate before the sale concludes. Bidders are required to update their state sales tax exemption periodically.
Bidding Errors: CES’s website has a confirmation requirement that requires Bidders to confirm any significant bid increases after the initial bid has been placed. CES is not responsible for any bids placed in error and bidders participate at their own risk. Bidders believing that they have bid in error can contact CES WITHIN IN 24 HOURS OF THE SALE CLOSING at 770 833 2024 to request a review of the bid. CES will determine AT ITS OWN DISCRETION if a refund may be issued. Any decision made by CES regarding reviewed bids is binding and final. Review requests made greater than 24 hours after the sale closing will not be considered for review.
Shipping: Winning bidders are obligated to pick up their items during the scheduled removal dates, as listed with each auction. If you are unable to pick up your items, you may contract with a carrier to pick up, pack, and deliver the item on your behalf. However, any third party you authorize on your behalf shall be held to the same obligation to pick up during the scheduled removal dates. CES maintains a list of preferred carriers but maintains no liability for damage to items, as described above. If you fail to arrange for your items to be picked up, CES will charge your credit card on file for the purchase amount, as well as any associated taxes and fees. In addition, CES will charge you a minimum $50 handling to remove items to storage plus $10 per day per item. This handling fee may be raised at the sole discretion of CES for any item that is difficult to transport.
Forfeiture of items: Bidders will forfeit items for which they have the winning bid under any of the following conditions:
If you do not pay for your items, as well as for any taxes and fees as laid out in these Terms and Conditions, CES may resell or donate the items or restore them to the seller.
CES may also refer your account for collection for all purchases, taxes, and fees that remain unpaid.
You will forfeit your items if you fail to pick them up or arrange for alternate pick up and shipping through an outside carrier within ten (15) calendar days of the end of the auction. Title and ownership of the items will revert to CES, which may resell or donate the items or restore them to the seller at their sole discretion. As outlined above, CES will charge the credit card on file for any moving or disposal charges.
Governing Law: Bidders agree that this Agreement will be governed solely by the laws of the State of Georgia. Any claim or dispute related to your bids through the CES website will be settled only by a state or federal court based in Fulton County, Georgia.
Doc Sep 11, 2020, 15_03.pdf
