Pete's Auction Service Terms & Conditions
1. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in Pete’s Auction Service, on the internet website and addendum sheets will be offered for sale or sold by Pete’s Auction Service. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and agree to be bound by the same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions of sale. The purchaser's rights and Pete’s Auction Service respective rights and obligations hereunder are governed by Commonwealth of Virginia law. By bidding at Pete’s Auction Service auction, whether in person or by agent, sealed bid, telephone bid, via the internet or other means, the purchaser or bidder agrees that the contract created by these terms and conditions of sale is made and performed in the County of Madison, Commonwealth of Virginia and further agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Madison County, Commonwealth of Virginia. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
2. BUYER'S PREMIUM, SALES TAX AND TRANSACTION FEE: All bid prices "hammer prices" ("hammer prices" means the price at which a lot is knocked down to the purchaser ) for online bids will be subject to a buyer's premium of 15% payable by the purchaser. This is not an aggregate percentage on the total items bid, rather a per item percentage rate. The premium is added to the purchaser's successful bid and the two together equal the total purchase price. Some items are exempt from Virginia Sales Tax and others may be subject to Virginia Sales Tax. The tax is computed on the total purchase price (hereinafter the total purchase price and applicable sales tax will be referred to as the "Total Amount Due"). To establish a tax free sale, a copy of a valid reseller's permit or other instrument or information must be provided to Pete’s Auction Service satisfaction establishing a sales tax exemption. Any purchaser claiming an exemption yet unable to provide proof at the time of payment, will be required to pay the tax to Pete’s Auction Service and seek a refund from the State of Virginia. Pete’s Auction Service has been authorized by the consignor to retain as part of Pete’s Auction Service remuneration, the buyer's premium payable by the purchaser.
3. METHOD OF PAYMENT. Online Auction sales are Mastercard, Visa or Discover. Live Auction sales are Cash, Good Check, Mastercard, Visa or Discover. A convenience fee of 3% will apply for purchases made with a credit card for live or online auctions.
CHARGE BACK PROHIBITED: You agree that you will accept all charges placed on the credit card associated with your account and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees.
4. TERMS OF PAYMENT. At the announcement of "SOLD", the highest bidder will have purchased the offered lot. All sales are final at the fall of the Auctioneer's hammer or at the announcement of "SOLD". The purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof and if requested will sign a confirmation of the purchase. Online bidding the item/items are sold to the highest bidder when the item closes. The purchaser further agrees to pay the Total Amount Due. The total amount due will be charged to the credit card that is used during registration.
5. WITHDRAWAL. Pete’s Auction Service reserves the right to withdraw any property from the auction prior to sale.
6. PROTESTS, DISPUTES AND THE AUCTIONEER. Pete’s Auction Service reserves the right to reject a bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Pete’s Auction Service records will be deemed conclusive in all respect in the event there is any dispute after the sale. Any legal disputes must be filed in the Madison County Virginia court jurisdiction. Should Pete's Auction service prevail in any such court proceeding, the claimant is liable for all attorney and court fees incurred by Pete's Auction Service.
7. FAILURE TO DELIVER PURCHASER`S PROPERTY. If Pete’s Auction Service is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Pete’s Auction Service liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.
8. GUARANTEE. All property offered for sale is as, is where as. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Pete’s Auction Service does not guarantee or make warranties on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Pete’s Auction Service acknowledges that there may be errors in what is written. Pete’s Auction Service strongly recommends that you personally view any item you bid on or have an acknowledge expert view the item. Pete’s Auction Service will have no obligation, i.e., no refunds or returns will be accepted, if the above conditions are not met. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition or physical conditions are qualified statements of opinion and not representations or warranties. No employee of Pete’s Auction Service or any person purporting to act on behalf of Pete’s Auction Service is authorized to make on Pete’s Auction Service or the consignor's behalf, any representation or warranty, oral or written, with respect to any lot or item for sale.
9. BINDING EFFECT, MODIFICATIONS AND SEVERABILITY. The terms and conditions of sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of Pete’s Auction Service successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind Pete’s Auction Service unless specifically stated in writing and signed by Pete’s Auction Service. If any part of these terms and conditions of sale is for any reason invalid or unenforceable, the invalid portion shall be stricken and the reset of the terms and conditions of sale shall remain valid and enforceable.
10. BIDS OF CONSIGNORS. Consignors, other than Pete’s Auction Service, are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor.
11. SHIPPING. If Pete’s Auction Service is asked to ship the purchased lots, there will be a separate charge for such shipping. Shipping charges will be based upon what it costs Pete’s Auction Service to ship the purchased lots to the purchaser. If packing and handling of purchased lots is done by Pete’s Auction Service, it is done entirely at the risk of the purchaser. All items must have shipping insurance; this insurance is mandatory. Pete’s Auction Service will not charge any labor charges for shipping. Pete’s Auction Service is not liable for any acts of omissions in packaging or shipping. Purchased lots handled by outside carriers or packers, including those Pete’s Auction Service may have recommended, may carry their own insurance and any claims for losses or damages should be addressed directly with the outside carriers or packers. Pete’s Auction Service will arrange for packaging and shipping at Pete’s Auction Service earliest possible convenience. Pete’s Auction Service will attempt to ship as soon as possible; however, shipping can take up to two weeks after full payment is received. In the case of crating or any exceptional packaging, the purchaser will be charged Pete’s Auction Service cost from outside agents. Purchaser pays shipping, packing material and insurance charges. Pete’s Auction Service reserves the right to purchase the outside shipper's insurance, to be self-insured or a combination of both. The shipping of any purchased items outside of the United States is hereby classified as "foreign export". All foreign export is the sole responsibility of the purchaser.
12. DISPUTES UNDER THIS CONTRACT. Purchaser and Pete’s Auction Service agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Pete’s Auction Service. In the event the purchaser fails to make full payment to Pete’s Auction Service, Pete’s Auction Service may, but is not required to, proceed directly to court. Furthermore, the purchaser and Pete’s Auction Service agree that should mediation be necessary, mediation fees, if any, will be borne equally by the parties. Purchaser and Pete’s Auction Service are required under the terms and conditions of sale to enter into mediation before arbitration or any court action. Should a party commence legal action other than mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court shall be filed and conducted solely within Madison County, Commonwealth of Virginia and not in any other jurisdiction. Should mediation not settle the dispute between the parties, the purchaser and Pete’s Auction Service agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Madison County, Commonwealth of Virginia. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation and if Mediation is not successful in resolving the dispute, I then submit to neutral bidding Arbitration with Pete’s Auction Service and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder.
13. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS". NEITHER PETE’S AUCTION SERVICE NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST`S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL PETE’S AUCTION SERVICE AUCTION COMPANY BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES