Harry B. Hartman Estate - Session V

CONDITIONS OF SALE 
.***NOTE: ALL ITEMS WON ONLINE WILL NOT BE AVAILABLE FOR PICK UP UNTIL THE FOLLOWING MONDAY AFTER THE SALE. THERE ARE NO PICK UPS OF THESE ITEMS ON SALE DAY AS OUR INVOICES ARE NOT CREATED UNTIL SALE COMPLETION!***
1. All property is sold "as is" and all sales are final. All property is described to the best of our knowledge; however, neither we nor our consignor(s) make any warranties, express or implied, with respect to such property as to the physical condition, quality, rarity, importance, authorship, provenance, medium, period, origin or estimated value of any sold lot. No statement anywhere, whether oral or written, whether made in the catalog or advertisement, bill of sale, gallery posting, announcement or remarks by staff or the auctioneer, shall be a warranty, representation or assumption of liability. All measurements and weights are approximate.
2. The highest bidder acknowledged by the auctioneer is the buyer. The auctioneer is the sole determinant as to who is the successful bidder. Once the auctioneer's gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot.
3. Addition to or withdrawal from auction: The Auctioneer reserves the right to withdraw from auction any of the items listed or to sell items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the Auctioneer reserves the right to sell all of the items listed, in bulk.
ON-LINE BIDDING: We are not aware of the Live bids in advance, but only during the time of the auction as they are forwarded to our computer. Conestoga Auction will not be responsible for any omissions, errors or slow communications on absentee bids from On-line. In the event of a tie bid with a floor bidder and an online bidder, the floor bidder will take precedence. The auctioneer's decision in this matter is final.  The Auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the Seller and the Seller has the right to protect their own interest.
5. Buyers Premium:   An eighteen percent (18%) in-house Buyer's Premium is added to each item sold to all in-house buyers at the Auction.  An additional three percent (3%) will apply to all online bidders, for a total of 21% Buyer's Premium, is added to each item sold to all Live Auctioneers buyers. A six percent (6%) Pennsylvania Sales Tax will be charged, except to persons with a current Dealer's Sales Tax Exemption Number on file with the Auction Company OR if purchases are being shipped out of state.
PAYMENT: Invoices will be emailed to the successful bidder within two business days of the auction. YOUR PAYMENT IS DUE UPON RECEIPT OF YOUR INVOICE.  Conestoga Auction Co. and John M Hess Auction Service accepts cash and certified checks, VISA, MasterCard & Discover as payment for items purchased. A fee of $50 will be assessed on all returned checks.  (IN HOUSE PICK UPS ONLY) or PayPal, Money Orders, Traveler's Checks, MasterCard, Discover and Visa will be accepted for payment of on-line purchases.  If using PayPal to send payment, please use our email at www.contact@hess-auction.com. Items must be paid for within seven (7) days of the auction. Items must be scheduled for removal from our auction facility within fourteen (14) days or be charged a monthly fee of 1.5% of the purchase price. Due to the uncontrollable nature of the delivery of email, if you have participated in an auction, you are encouraged to inquire regarding whether or not you were a successful bidder. Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment. If we do not receive your payment within fourteen (14) business days of the auction, Conestoga Auction Company and John M Hess Auction Service reserves the right to move forward with any and all remedies available to us, including reporting your bad debt to the live auction provider and/or any other related entities and charging your credit card on file. You are responsible for paying in US DOLLAR currency. We will charge you for any differences and any conversion fees if not paid in US DOLLARS. All payment must be made prior to removal from the auction house.
SHIPPING:  Conestoga Auction does not pack or ship any items in house.  Buyer pays shipping cost directly to shipper. All items are sent through the UPS Store, a third party shipping company.  All international customers are responsible for their own taxes and tariffs based upon the actual selling price.  The declared value cannot be of lesser value than purchase price.  Please contact Lindsay at the UPS Store at (717)733-1482 or store3230@theupsstore.com for any shipping inquiries regarding any potential shipping costs prior to the auction or post-auction inquires. Conestoga Auction reserves the right to hold merchandise until payment clears.  Items must be scheduled for removal from our auction facility within fourteen (14) days or be charged a monthly fee of 1.5% of the purchase price.   
9. Please note that all emails received over the weekend will be answered on Monday morning.

YOUR BIDDING ACKNOWLEDGES YOUR ACCEPTANCE OF THESE CONDITIONS OF SALE.as your “bidder credentials”. You must ensure that your bidder credentials are secure and not disclosed to any other persons. It is your responsibility for your bidder credentials. If you believe your bidder credentials have been compromised please contact admin@bidsquare.com. Your use of the Bidsquare website and services must only be done using your specific bidder account.

1.4  Use of Bidder Account. You are the only party authorized to use your bidder account. You are liable for the use of Bidsquare websites and services, Auctioneer services, or other linked sites services that occur on your bidder account.

1.5  No multiple accounts. You will not maintain more than one bidder account without the express written consent of Bidsquare. If for some reason you require more than one bidder account, contact admin@bidsquare.com with your request.

1.6  No automated systems. You agree that you will not use any automated means, (including but not limited to drones and viruses) to access the Bidsquare site, apply for a bidder account or use any of the Bidsquare or Auctioneer services.

1.7  Use of Material hosted on Bidsquare. You will not copy, reproduce or publish in any way the material hosted on the Bidsquare site. You may not collect and use the e-mail addresses of other users on the Bidsquare website. You are responsible for complying with all applicable laws regarding your use of downloaded content. Bidsquare reserves all rights to its content and services not expressly granted.

1.8  Auctioneer Conditions of Sale. The Auctioneers will have their own Conditions of Sale for the auctions conducted on Bidsquare. A certain Auctioneer’s Conditions of Sale may differ from those of another Auctioneer. You accept that in bidding in an auction you accept the specific Conditions of Sale for that Auctioneer whether or not they have been brought to your attention. It is your responsibility to check the conditions for the appropriate Auctioneer before bidding in an auction. Each Auctioneer may change their Conditions of Sale at their sole discretion. The Auctioneer makes the final determination with regards to the sale of an item and any disputes with bidding.

1.9  No unreasonable stress or demand on the website. You will not impose unreasonable stress or demand on the Bidsquare website or services or the Auctioneer sites.

1.10         Not cause Bidsquare any losses. You warrant that your use of the Bidsquare website and services will not cause Bidsquare any loss or liability whatsoever. You will not cause disruption to the Bidsquare website or services. You will not knowingly bypass website measures or limit access to the Bidsquare website or services.

1.11         Modifying or Cancelling a Bid. If you wish to cancel an absentee or maximum bid “absentee bid” you left you may logon to your user account and modify the current bid to $0 or you may contact admin@bidsquare.com. All modifications to bids should be completed before the start of a timed auction or two hours before the lot is auctioned in a Live Auction. Bidsquare will make all reasonable attempts to modify or cancel requested bids, but cannot guarantee that a bid will be cancelled or modified. If you are unsure of whether you have appropriately cancelled a bid please e-mail admin@bidsquare.com by the deadlines noted.

1.12         Registering On Behalf Of a Company. If you are registering to use Bidsquare services on behalf of a company, corporation or any other business entity “Company”, you warrant that you have the authority to act and conduct business on behalf of the Company and that all contracts you enter will be considered a binding contract with the Company. In any instances where you do not have the authority to act on behalf of the Company in this Agreement and with the Auctioneer’s Conditions of Sale, you acknowledge that you will be held personally liable as a result of receiving services.

2.     Bidsquare Rights and Conditions

2.1  Only a Venue. Bidsquare is acting only as a website and host for auctions. The Bidsquare services are meant to act only as a means of communication to provide online access to an Auctioneer’s auction. Bidsquare is not an Auctioneer and is not conducting the Live and Timed Auctions.

2.2  Approval by an Auctioneer. Approval by Bidsquare does not automatically qualify you for approval by an Auctioneer. To register for an auction with an Auctioneer you will be required to supply and update additional information each time you register for an auction. This additional information may include, but not limited to your shipping address, credit card number (Refer to Section 3.3 for of use of credit and debit card information). You will also be required to agree to the Auctioneer’s specific Conditions of Sale. Once you submit your application to bid in an auction, the Auctioneer has the right to request additional information from you prior to your approval. This information may include, but is not limited to a government issued ID, references from prior Auctioneers with whom you have bid. Approval to bid in an Auctioneer’s auction is at the sole discretion of that Auctioneer. An Auctioneer may prohibit you from bidding in a certain auction without reason. Disqualification from bidding in an auction by a certain Auctioneer does not prohibit you from bidding in other auctions hosted on Bidsquare. Your ability to bid in an auction will be determined on an on-going basis by each Auctioneer for each auction you register to bid in. If you have any questions with regard to your approval or rejection of your application to bid in a certain auction, please reach out directly to the Auctioneer in whose sale you are requesting to bid.

2.3  Applicable Auctioneer Fees. Each Auctioneer may charge additional fees, taxes and commissions above the hammer price of the item. You are responsible for paying all additional fees. The Auctioneer’s Conditions of Sale will dictate the additional fees to be paid. By using Bidsquare services you agree to pay all additional fees imposed by the Auctioneers as stated in their Conditions of Sale.

2.4  Change of Auction Time. The Auctioneer will set the time of auction as well as the description of items to be auctioned. These are subject to change by the Auctioneer at any time, without notice.

2.5  No Guarantee of Bid being processed. Bidsquare has no liability for bids that are not processed by the Auctioneer, not received by the Auctioneer or not received in a timely fashion by the Auctioneer. Bidsquare shall have no liability for a bid that is made in error, nor shall Bidsquare have any responsibility to correct bids made in error or resubmit bids not processed or received by the Auctioneer. The Auctioneer may choose not to execute a bid at their sole-discretion. Any damage you suffer from a bid not being appropriately executed by the Auctioneer will be an issue between you and the Auctioneer.

2.6  No warrantee about items being sold. The Auctioneer is solely responsible for the quality, authenticity, accuracy, legality, description and title of the lots offered as governed by the Auctioneer’s Conditions of Sale. Bidsquare makes no representations or guarantees whatsoever regarding items offer by the Auctioneers. Bidsquare does not warrant that the items are lawfully sold in the relevant jurisdiction. Bidsquare does not control the information made available by the Auctioneers regarding their items that are for sale through the Bidsquare services.  

2.7  Not liable to bidder for losses. In no way is Bidsquare liable to you for the monetary loss or decrease in value of items purchased on Bidsquare. Any disputes about the value, estimate or description of an item are between you and the Auctioneer and Bidsquare is a third party.

2.8  At no time will Bidsquare be an Agent for you. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

2.9  No warrants about website. Bidsquare does not warrant that the website or services are free from technologically harmful material that may contaminate your computer. Bidsquare is not responsible to protect your computer or any other material or data from infection or destruction.

2.10         Links to other websites. Links to non-Bidsquare Websites are provided solely as pointers to information on topics that may be useful to you, and Bidsquare has no control over the content on such Websites. If you choose to access a Website not controlled by Bidsquare, Bidsquare makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability for any particular purpose, nor does Bidsquare warrant that such site or its content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Bidsquare does not guarantee the authenticity of documents on the Internet. Links to non-Bidsquare sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

2.11         No guarantee to Uninterrupted Service. The Bidsquare website and services may be interrupted at any time by factors within or outside of Bidsquare’s control. Such factors include, but are not limited to Hardware failure, Software failure, Overload of system capacities, and other causes beyond Bidsquare’s control. The Bidsquare services are not guaranteed and you are not entitled to solely rely on Bidsquare services for bidding in an auction. You should have an alternative plan for submitting a bid to an Auctioneer in the event of an interruption of Bidsquare service during an auction.

2.12         Refuse Bidder. Bidsquare reserves the right to refuse you from using the Bidsquare site, services and bidding in auctions that take place through Bidsquare services. Further, each Auctioneer conducting an auction through Bidsquare services reserves the right to refuse you from bidding in their auction.

2.13         Monitor Bidder account. Bidsquare reserves the right to monitor your user activity and account. Bidsquare, at our sole discretion, will take action such as suspending access to the website and services and removing content in any instance that is in violation of this Agreement or that we deem necessary.

2.14         Close Bidder account. Bidsquare may restrict or terminate your use of the Bidsquare website or services at any time, without prior notice. Your acceptance of these terms does not constitute your on-going ability to use the Bidsquare website and services.

3.     Bidder Information

3.1  Use of bidder information. Any information, content, comments, images, ideas or other material submitted by you ("submissions") to Bidsquare shall be deemed non-confidential and non-proprietary. Bidsquare shall be free to use, without any obligation or compensation to you, such submissions for any purpose whatsoever.

3.2  Storage of debit and credit card data. You acknowledge and agree that Bidsquare has contracted a third party payment processor to collect and store personal information, such as name, address and debit/credit card information “payment information”. Payment information will be stored in a Payment Card Industry Data Security Standard (PCI DSS) compliant manner by the third party processor.

3.3  Use of debit and credit card data. At their discretion, the Auctioneer will have the capability to process payments and issue refunds using the third party processor. When completing the bidder registration for an auction you will be required to provide valid credit or debit card information.  You will be notified when registering for an auction whether the Auctioneer requires a monetary amount to be authorized and held by the Auctioneer to bid in the auction. By completing this bidder registration you authorized the Auctioneer to use your credit or debit card information to (1) place a monetary hold on your credit or debit card account, prior to the auction, of a set specified amount “payment hold”, which will be disclosed to you before registering for the specific auction (2) Use your payment hold to partially or fully complete a transaction between you and the Auctioneer occurring on the Bidsquare website (3) Continue to withhold your payment hold until your transaction with the auction house has been fully completed (4) Affirm that if you are not the successful bidder on any items in an auction requiring a payment hold, your payment hold will be voided and returned to your within forty-eight hours from the end of the final day of the specific auction. All disputes regarding your payment hold shall be between you and the Auctioneer.

3.4  Privacy Policy. The privacy policy terms of this Agreement will be governed by the Bidsquare privacy policy posted on the website. Please read this policy for more information regarding the use of your information.

4.     Trademark. Bidsquare is the marketing name for the services and activities of International Auction Partners, LLC. and its subsidiaries and affiliates. The Bidsquare logo is a trademark of International Auction Partners, LLC. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

5.     Indemnification. You agree to indemnify, defend, and hold Bidsquare, its agents, parent companies, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, damages, liabilities and costs (including, attorney’s fees) arising from or related to: (1) your use of Bidsquare (2) your violation or breach of this Agreement or of the specific Auctioneer’s Conditions of Sale and conditions based on your participation in their hosted auction (3) your violation of any third party right, including without limitation any copyright, property, privacy or publicity right. This obligation will survive this Agreement and your use of Bidsquare.

6.     Compliance with Applicable Laws. You agree to comply with all applicable laws and statutes regarding your use of the Bidsquare website and services. The Bidsquare website and services shall only be used for lawful purposes.

7.     Taxation. You are also responsible for and shall indemnify Bidsquare from any duties, taxes or levies resulting from your purchase or shipment of your purchased items on Bidsquare.

8.     Audio and Visual. Any audio or video streaming, presentation or delivery of a live auction on Bidsquare is for entertainment purposes only.

9.     Force Majeure.  Bidsquare accepts no liability should the website or services of Bidsquare be limited in its functionality or destroyed through force majeure, strike, system malfunction or other external factors. Bidsquare shall not be liable for loss or damage incurred through the lack of usability or inaccessibility of the website or services of Bidsquare

10.  Bidsquare Affiliates. This Agreement is intended for Bidsquare and its affiliates and subsidiaries.

11.  Limitation of Liability.

11.1         TO THE MAXIMUM EXTENT PERMITTED, BIDSQUARE AND ITS AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, OR THIRD-PARTY SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE BIDSQUARE, MATERIALS, CONTENT OR ANY OTHER RELATED SERVICES OR PRODUCTS, OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION, MATERIALS OR CONTENT UPLOADED, AVAILABLE FOR VIEWING, AND/OR DOWNLOADED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORIES OF LIABILITY, AND EVEN IF BIDSQUARE OR ITS AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, OR THIRD-PARTY SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OBTAINED THROUGH BIDSQUARE OR BIDSQUARE SERVICES.

11.2         WHERE LIABILITY IS FOUND AGAINST BIDSQUARE FOR ANY REASON UNDER OR IN CONNECTION WITH THIS AGREEMENT, BIDSQUARE’S AGGREGATE LIABILITY TO YOU OR ANOTHER THIRD-PARTY IN ANY CALENDAR YEAR SHALL BE $100 PROVIDED ALWAYS THAT BIDSQUARE’S AGGREGATE LIABILITY TO ALL THIRD-PARTIES IN ANY CALENDAR YEAR SHALL BE LIMITED TO $10,000. Some states do not allow a limitation of liability in certain circumstances, in which cases the foregoing limitation may not apply to you.

12.  Disputes with Auction Houses. Bidsquare is not a party in the transaction between you and the Auctioneer, and is just a venue for auctions (Refer to Section 2.1). As such, in any event that you have a dispute with an Auctioneer, you release Bidsquare from all damages of every kind relating to such a dispute and do not hold Bidsquare liable for any damages arising out of such a dispute.

13.  Place of Notice. Except as otherwise provided herein, any notice, demand or other communication pursuant to this Agreement shall be in writing and given by certified mail to International Auction Partners, LLC, 1338 West Lake Street, Chicago, IL 60607, or any other address we designate in the future. All notices by mail shall be deemed given three business days after mailing. Alternatively, we may give you notice in writing to the e-mail address or address provided to Bidsquare during registration. Notices given by e-mail shall deemed to have been given as of 5:00PM Central Time on the day following the transmission.

14.  Governing Laws.

14.1         This Agreement shall be governed by the laws of the state of Illinois. In the event any of the terms or provisions of this Agreement shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

14.2         The legal venue for all claims arising from disputes between the contractual parties shall be in Chicago, IL. However, Bidsquare may also alternatively take legal action against the contractual partner in any other permissible legal venue. This shall not be valid if mandatory legal directives prescribe another legal venue.

14.3         US law shall apply exclusively for the contractual agreement and the resulting claims, regardless of the type and against whom they are asserted. This shall also apply to transactions that cross national borders.

15.  Section Headings. The headings and titles for various sections throughout this Agreement are merely for the purpose of convenience and do not expressly or by implication limit or define or affect the meaning or interpretation of this Agreement or the text in the section designated.

16.  Waiver. Bidsquare’s failure to exercise any rights or performance of any part or provision of this Agreement does not constitute a waiver of Bidsquare’s right to enforce such provision or any provisions of this Agreement in any other instance.

17.  Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties pertaining to the subject matter hereof, and supersedes all previous and contemporaneous agreements between parties with respect to such subject matter hereof.

8-27-14