Conditions of Sale ANYONE EITHER REGISTERING TO BID OR PLACING A BID (“BIDDER”) ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH R&R AUCTION COMPANY OF MASSACHUSETTS, LLC (“RR AUCTION”) TOGETHER WITH BIDDER, THE “PARTIES”). This Agreement contains important provisions that control rights and liabilities, and specifically has provisions governing how disputes are handled as well as LIMITATIONS OF LIABILITY that can be imposed upon RR Auction, WAIVER OF JURY and ARBITRATION PROVISIONS. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which RR Auction agrees to these terms. PLEASE READ CAREFULLY. The following terms and conditions (“Conditions of Sale”) constitute the sole terms and conditions under which RR Auction will offer for sale and sell the property on its website, and/or described in the catalog of items for auction (the “Catalog”). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates (the “Auction”). By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.
Section 1 The Parties1.1 RR Auction and Auction This Auction is presented by RR Auction, a d/b/a/ of R&R Auction Company of Massachusetts, LLC, as identified with the applicable licensing information on the title page of the Catalog or on the www.RRauction.com Internet site. The Auction is conducted under these Conditions of Sale. Announcements and corrections from the podium at live auctions and those made through the Conditions of Sale appearing on the Internet at RRauction.com supersede those in the printed Catalog. 1.2 Bidder Bidder shall mean the original Bidder on the property offered for sale by RR Auction and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to RR Auction prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal. The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of RR Auction. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale. Bids will not be accepted from minor persons under eighteen (18) years of age without a parent or legal guardian’s written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder. All Bidders must meet RR Auction’s qualifications to bid. Any Bidder who is not a client in good standing of RR Auction may be disqualified at RR Auction’s sole option and will not be awarded lots. Such determination may be made by RR Auction in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. RR Auction reserves the right to exclude any person from the Auction. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid and agrees to be bound by these Conditions of Sale in addition to company for whom the Bidder is acting By accepting the Conditions of Sale, Bidder personally and unconditionally guarantees payment. Section 2 Bidding Privileges 2.1 In order to place bids, Bidders who have not established an account with RR Auction must either furnish satisfactory credit information (including two collectibles-related business references) or supply additional information if requested, well in advance of the Auction. Bidders who are not members of RRAuction.com should pre-register before the close of the Auction to allow adequate time to contact references. Privileges will be granted at the sole discretion of RR Auction. Additionally, Bidders who have not previously established credit or who wish to bid in excess of their established credit history may be required to provide a cash deposit prior to RR Auction’s acceptance of a bid. Check writing privileges and immediate delivery of merchandise may also be determined by pre-approval of credit based on a combination of criteria: RRAuction.com history, related industry references, bank verification, a credit bureau report and/or a personal guarantee for a corporate or partnership entity in advance of the Auction venue. 2.2 Bidder providing any false or misleading information provided in connection with the registration shall be a material breach of the Conditions of Sale and in addition to any other remedies at law shall excuse RR Auction from performance under these Conditions of Sale, including the right to any refund.
2.2 Bidding privileges may be revoked without notice, for any reason, at the sole discretion of RR Auction . Section 3 Buyer’s Premium 3.1 The Bidder acknowledges and agrees that a 25% buyer’s premium will be added to the hammer price on all individual lots sold in timed and live Auctions. Buyer’s premium for our Sports Auctions is 20%. For payment other than by cash, delivery will not be made unless and until full payment has been received by RR Auction, i.e., check or wired funds have fully cleared. Unless otherwise agreed in writing, signed by RR Auction, payment in full is due within thirteen (13) calendar days of the Auction or within twelve (12) calendar days of the invoice date, whichever is earlier. Bidder’s failure to pay any payment in full when due required shall constitute a material breach, and in addition to other damages available under contract or law, at RR Auction’s election, RR Auction may cancel the sale and require full premium still be due along with interest at 1.5% per month from the date of breach, or at the maximum legally allowable rate. Section 4 Bidding 4.1 Each Bidder’s determination of its bid should be based upon its own examination of the item(s) and independent investigation, rather than the any reliance as to what is represented in the Catalog, online or elsewhere. Bidder affirms that it regards any statements made by RR Auction concerning the item as solely opinion and that Bidder is making its own inspection and independent evaluation of the goods, and is not relying upon any description or statements by RR Auction (including as to quality, authenticity, provenance, ownership, liens existing, on goods legality, or value) in making its determination to bid on or purchase an item. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS CONCERNING ANY AND ALL PURCHASES TO THE FULLEST EXTENT UNDER APPLICABLE LAW. 4.2 RR AUCTION IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the Buyer’s Premium) that the Bidder is willing and able to pay. Since other Bidders (by mail, facsimile, online, and in person) will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and RR Auction has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake. 4.3 All prospective Bidders who examine lots in person prior to the sale shall personally assume all responsibility for any damage they cause in so doing. RR Auction shall have sole discretion in determining the value of the damage caused, which shall be promptly paid by the prospective Bidder. 4.4 Title to any lot remains with Consignor, any secured party of the Consignor, or assignee of Consignor, as the case may be, until the lot is paid for in full by Bidder and Bidder has fully satisfied any outstanding financial obligations to RR Auction (including as it concerns aby other lots). RR Auction reserves the right to require payment in full before delivering any lot to the successful Bidder. 4.5 It is the Bidder’s responsibility and obligation to have the lots fully insured while in their possession. Bidder assumes any and all risk of loss upon the earlier of shipment to Bidder or in Bidder’s possession. 4.6 Bidder grants to RR Auction or its assigns the right to offset any sums due, or found to be due by RR Auction, and to make such offset from any past, subsequent or future consignment, or items acquired by Bidder in possession or control of RR Auction or from any sums due to Bidder by RR Auction. Bidder further grants RR Auction a lien consisting of a senior security interest (or purchase money security interest to the extent applicable) in such sums or items to the fullest extent applicable, authorizes RR Auction to file documents concerning the interest, and Bidder agrees to execute any further documents as may be reasonably necessary to grant RR Auction such security interest. Bidder agrees that RR Auction and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of RR Auction, to the extent of the maximum indebtedness, plus all accrued fees and expenses, until the indebtedness is paid. 4.7 By bidding in this sale, Bidder personally and unconditionally guarantees payment. The authorized representative of any corporate Bidder who is present at the sale shall provide RR Auction or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by a principal, director or officer that they he or she personally and unconditionally guarantees any payment due RR Auction. 4.8 RR Auction may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Bidders. Section 5 Bidding Options 5.1 Non-Internet bids (including but not limited to in-person, facsimile, phone and mail bids) are treated similarly to floor bids in that they must be on-increment. Any in-person, facsimile, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered Bidder’s high bid. 5.2 When identical bids are submitted, preference is given to the first received. To ensure the greatest accuracy, written bids should be entered on the standard printed bid sheet and be received at RR Auction’s place of business at least twenty-four (24) hours before the Auction start. RR Auction is not responsible for executing mail bids or facsimile bids received on or after the day the first lot is sold, nor Internet bids submitted after the published closing time; nor is RR Auction responsible for proper execution of bids submitted
