US Marshals Service Webcast Bidding Terms and Conditions
All persons desiring to bid must be registered prior to the auction and must have obtained a Bidder’s Number.
Webcast bidders must submit registration information, required forms (containing an original signature), plus a $1,000 bid deposit to Lone Star Auctioneers by 12:00pm (noon) Friday, March 6, 2009. Bid deposit may be in the form of cashiers check or check accompanied by a bank letter of guarantee. (U.S. funds drawn on a U. S. bank). Bidders who do not meet these requirements will not be authorized to bid online. Bid deposits are refundable or will be applied to purchases. Deposits are forfeited for all default for all non-payments: Any bidder who fails to pay for their online purchases will forfeit their entire $1000.00 deposit without recourse.
Lone Star Auctioneers, Inc., herein after referred to as the Auctioneer, reserves the right to add to or withdraw from the auction any items listed or not listed, to group individual lots into larger lots for sale, to subdivide lots into smaller lots for sale, or to sell all lots in bulk when it is in the best interest of the Seller. Changes to or additional terms and conditions, additions or deletions may be announced by the Auctioneer before or during the course of the auction.
Lone Star Auctioneers, Inc. neither conducted an appraisal nor has any association with the appraiser for this auction. The appraisal is conducted under a contract with the United States Marshals Service which is entirely separate from the Auction contract. The Auctioneer has no control over the appraisal contract, and cannot warrant, stand behind or guarantee information contained in the appraisal. The Auctioneer will not be held responsible for appraisals or appraisal information for any reason whatsoever.
All items are sold AS IS, WHERE IS with no warranty, expressed or implied. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied himself or herself as to its condition and value and to bid based solely upon his or her own judgment.
Payment for purchases must be received in the form of cashiers check or check with a bank letter of guarantee no later than 5:00 P.M., Central Time on the third bank day following the auction. To the extent that the bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price. The Buyer acknowledges and agrees that no "stop payment" order shall be issued or honored. The Buyer further agrees that a stop payment order or a check returned marked "insufficient funds" shall be considered prima-facie evidence of intent on the part of the Buyer to defraud the Auctioneer at the time of delivery of the check.
Shipping of internet purchases is at the expense, liability and risk of the Buyer. Shipments will be sent to U.S. addresses only. Shipping and handling charges for online purchases will be calculated at the conclusion of the auction and will be added to the auction invoice. Shipping and handling will be calculated according to current shipping and insurance rates. A chart of rates will be available to buyers.
1. Payment must be received in full prior to release of purchases.
2. Shipping for unusually large, bulky or heavy items (such as sports memorabilia, art, beanie babies, etc.) must be arranged for, packed and crated by a shipping company and paid by the purchaser. Handling fees will apply. Confirmation of release is necessary prior to scheduling any pick up of purchases to be shipped.
3. Jewelry, coins, bullion, etc. valued at $1,000 or less may be shipped by UPS Second Day Air and insured using a third party insurer. Items valued at between $1,000.01 and $25,000 will be shipped by Registered, insured US mail. Purchases in excess of $25,000 will either be broken down into $25,000 registered parcels or shipped via Brinks secure transport. International purchases will be evaluated and shipped by appropriate means. Appropriate insurance, shipping and handling charges will be applied as allowable by the Statement of Work and as necessary to cover the expense of shipping.
Settlement must be made in full by Cashier's Check or check accompanied by a current original Bank Letter of Guarantee on bank letterhead worded specifically as follows: “ (Your name) is a customer of this bank. This bank will guarantee unqualified payment on (Account number) not to exceed (Maximum dollar amount . No Stop Payment will be issued against this letter. This letter will expire on March 31, 2008.” This letter of guarantee along with bid deposit must be received by Lone Star Auctioneers by noon Friday, March 14, 2008.
Seller shall retain full security interest in all merchandise until full and complete payment is made to Seller or Lone Star Auctioneers, Inc. Merchandise not paid for and removed within the specified time period may be resold with seller approval without notice. Auctioneer shall not be responsible for non-delivery or for any other matter or thing to any purchaser of any lot, in any event.
Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer's number. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute.
All persons attending preparation, inspection, sale or removal of merchandise assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer from liability therefor. The Auctioneer shall not be liable by reason of any defect in or condition of the merchandise or premises on which the sale is held.
All descriptions of items for sale contained herein or provided orally or in writing at the time of the auction are believed to be correct, but the Auctioneer makes no representation or warranty, express or implied, as to the accuracy of any such description, and hereby specifically disclaims any such warranty. The Buyer specifically agrees and acknowledges that the use of the term "tested" as used to describe articles of jewelry means only that the Auctioneer believes that the article described has been tested as to the gold or silver content of the article described, but the Auctioneer makes no warranty that the gold or silver content is as described. Likewise, the description of an article as a diamond or other gem or the description of an article as being of a particular brand does not constitute any representation or warranty that the article is as described. The Buyer hereby agrees to rely solely on his/her own expertise to determine the value of any item prior to bidding on that item rather than the description of any article contained in the catalog or announced by the Auctioneer.
The Buyer agrees that the act of submitting a bid shall constitute acceptance of each and every term and condition contained herein and of any additional terms and conditions which may be posted at the auction or which may be announced by the Auctioneer. The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorneys fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party.
Upon payment of any amount to Seller, the Auctioneer or its assigns shall be subrogated to all of the Seller’s rights of recovery. Any Buyer disputes arising from this auction will be resolved through the U.S. Marshals Service. The Buyer agrees that any and all disputes arising from this auction which are not resolved through the U.S. Marshals Service will be resolved solely through binding arbitration in Tarrant County, Texas.