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TERMS AND CONDITIONS OF ONLINE AUCTION
These Terms and Conditions ("Terms") govern participation in online auctions conducted by Vacationland Home ("Auctioneer") through the LiveAuctioneers platform ("Platform"). By registering to bid, placing a bid, or participating in any auction, you agree to be bound by these Terms, the Auctioneer's Conditions of Sale, and LiveAuctioneers' user agreement.
Auctioneer: Erin Huebener; Maine Auctioneer's License #AUC1738
State of Maine Uniform Commercial Code Title 11, section 2-328 applies to this auction sale.
Board of Licensing of Auctioneers
35 State House Station
Augusta ME 04333-0035
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1. Registration and Eligibility
1. Bidders must be at least 18 years of age and legally capable of entering into binding contracts.
2. All bidders must register and provide accurate, current, and complete information, including valid identification and payment details.
3. Auctioneer and/or LiveAuctioneers reserve the right to approve, deny, suspend, or revoke bidding privileges at their sole discretion.
2. Bidding Process
1. This auction is offered with reserve.
2. All bids are placed electronically through the LiveAuctioneers platform.
3. Bids are irrevocable once placed.
4. Auctioneer may accept or reject any bid, resolve disputes between bidders, reopen bidding, or withdraw a lot if deemed necessary.
5. The highest bidder will be acknowledged at the close of bidding and shall be the successful purchaser ("Buyer").
6. In the event of a dispute, Auctioneer's records shall be final and conclusive.
3. Buyer's Premium and Taxes
1. A buyer's premium of 20% will be added to the hammer price and forms part of the total purchase price.
2. Applicable sales tax will be charged in accordance with state and local laws unless a valid resale or exemption certificate is provided prior to payment.
3. Buyers are responsible for all credit card processing and convenience fees.
4. Buyers are solely responsible for any use tax, import duties, customs fees, or other governmental charges.
4. Payment Terms
1. Payment in full is due within 72 hours of the auction closing.
2. Accepted forms of payment include credit card and wire transfer.
3. Credit cards on file may be charged automatically if payment is not received by the due date. Buyer is responsible for all credit card processing and convenience fees.
4. Title to purchased property does not pass to Buyer until full payment has cleared.
5. Shipping, Pick Up, and Risk of Loss
1. Buyers are responsible for all packing, shipping, handling, insurance, and transportation costs unless otherwise stated. Client-arranged shipping must be complete before the in-person pick up window closes. Invoices with unresolved shipping at the end of the pick up window will be considered forfeited items.
2. Pick up dates are posted as a custom policy below. Buyers must retrieve items during the designated in-person pickup window or make alternate arrangements with the Auction Manager before the pickup window closes. You are welcome to inquire about an earlier pick up date.
3. Abandoned Property: Any item not picked up or shipped by the close of the announced in-person pick up window shall be deemed abandoned and forfeited, unless alternate arrangements have been approved by the Auction Manager before the pickup window closes.
4. If alternate pickup or delayed shipping arrangements are approved, a $10 per item storage fee per week will apply.
5. Failure to pick up items in accordance with an approved alternate arrangement shall result in immediate forfeiture of the item(s), with no refund.
6. Risk of loss passes to Buyer upon Auctioneer's release of the property to Buyer or Buyer's agent. Any items remaining on Auctioneer's premises during announced pickup windows or approved alternate arrangements are held at Buyer's sole risk. Auctioneer may charge reasonable storage and handling fees for items held beyond announced pickup dates or approved arrangements.** Auctioneer assumes no responsibility for loss, theft, or damage once pickup has been made available.
7. Auctioneer is not responsible for acts or omissions of third-party shippers.
6. Condition, Descriptions, and Inspection
1. All property is sold AS IS, WHERE IS, with all faults and imperfections.
2. All measurements are provided as a courtesy and should be considered estimations, not exact measurements.
3. Descriptions, photographs, condition reports, and estimates are provided for convenience only and are not warranties.
1. Auctioneer makes no representations or warranties of any kind, express or implied, including but not limited to merchantability or fitness for a particular purpose.
2. Bidders are encouraged to review all available information and request additional details prior to bidding.
7. Authenticity and Estimates
1. Any statements regarding artist, maker, age, origin, provenance, or authenticity are opinions only.
2. Estimates are not guarantees of value or selling price.
3. Auctioneer shall have no liability for errors or omissions in descriptions unless required by applicable law.
8. Absentee and Internet Bidding Disclaimer
1. Auctioneer is not responsible for technical failures, internet disruptions, or platform outages that affect bidding.
2. Auctioneer is not liable for missed bids or execution errors beyond its reasonable control.
3. Auctioneer reserves the right to bid on items in this sale.
4. Consignors reserve the right to bid on items in this sale.
9. Default by Buyer
If Buyer fails to comply with these Terms, including failure to make timely payment or failure to remove purchased property as required, Auctioneer may, at its option: - Cancel the sale; - Retain deposits or payments as liquidated damages; - Declare the property forfeited; - Resell the property at public or private sale, without notice, at Buyer's risk and expense; - Hold Buyer liable for any deficiency, losses, fees, or expenses resulting from such resale; - Pursue all legal remedies permitted by law.
All sales are final. No refunds or credits will be issued under any circumstances.
10. Remedies and Limitation of Liability
1. Auctioneer's total liability, if any, shall not exceed the purchase price actually paid by Buyer.
2. Auctioneer shall not be liable for indirect, incidental, or consequential damages.
11. Withdrawal and Cancellation of Lots
Auctioneer reserves the right to withdraw any lot prior to or during the auction and shall have no liability for such withdrawal.
12. Governing Law and Venue
These Terms shall be governed by the laws of the State of Maine, without regard to conflict of law principles. Venue shall lie exclusively in the courts of the State of Maine.
13. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Amendments
Auctioneer reserves the right to amend these Terms at any time by posting updated terms on the Platform or Auctioneer's website.
15. Acceptance
Participation in the auction constitutes full acceptance of these Terms and all related policies.
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Auction House Contact Information:
Vacationland Home
170 Ocean St; Ste. 300
South Portland, ME 04106
(207)571-0605
Erin.Huebener@gmail.com
Maine Auctioneer's license number AUC1738