Conditions of Sale All sales are final and all property is sold “As is, Where is.” It is the bidder’s responsibility to determine condition and usefulness of the items purchased. We attempt to describe all these items to try to give you a visual of the item you are bidding on. We describe them to the best of our ability and many times rely on information from the consignor that is given to us. If you have questions or are NOT SURE about the condition of or anything pertaining to an item in our auction please do not hesitate to pick up the phone and give us a call. Call (214-603-8339) Buyers Premium We charge a 15% buyers premium. Bidding A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agree to be bound by them. In the event of non-payment during posted pickup days, we reserve the right to charge the outstanding invoice balance to the credit card you provided upon registration. Failure to honor your bid may result in loss of bidding privileges. Payment Why Not Marketplace accepts VISA, Mastercard, AMEX and cash. We do not accept checks or cashier checks. All credit card and cash payments shall be processed by Why Not Marketplace. Authenticity Though all descriptions are believed to be correct, neither auction house nor seller makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc. Auction The Auction house owners, employees and consignors reserve the right to bid on any items in auction. Persons attending preview or auction during removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefore. Neither auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals. Pickup Times Pick up times are firm unless extenuating circumstances warrant i.e., acts of nature, etc. All items must be picked up during the published times. If you cannot make pickup during the established times, DO NOT BID. Do not risk placing a bid hoping that we can store your items! We do not have the room or the resources to store your items. Again, if you cannot make pickup during the established times, DO NOT BID. If you do choose to bid and fail to pick up your items during the published times, we will charge the credit card on your file $50 penalty fee for the first day and $15 for each additional day up to 15 days at which time items will become property of the auction house and will be resold. Failure to abide by the pickup times may result in loss of bidding privileges. Governing Law The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Dallas County courts and the Northern District of Texas. Privacy Policy Included in these terms and conditions is the privacy policy. Indemnification Buyer shall indemnify Why Not Marketplace against any claims, damages, or liability (including reasonable attorney’s fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. Buyer agrees to indemnify Why Not Marketplace for any damages or losses. Buyer will not hold Why Not Marketplace, it’s owners, affiliates or its employees, liable for accidents, injury, theft, or incidents related to this purchase. Intellectual Property By submitting any images to Why Not Marketplace for the purpose of sale, marketing, or any use on our website, you grant Why Not Marketplace world wide non-exclusive license to use the image on any and all marketing collateral digital, printer or otherwise. Trademarks All trademarks, service marks, and copyrights owned by Why Not Marketplace shall not be used without written permission. This includes the name Why Not Marketplace,Why Not Auction House any and all website URL addresses and abbreviations of such. AuctionFlex AuctionFlex sets up each user on this website and collects all user information. Why Not Marketplace does not have access to user names and passwords. AuctionFlex does provide Why Not Marketplace with use name, contact information and credit card information provided during the registration processes. User information will not be sold to any third party advertisers by Why Not Marketplace.
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