Auction Terms & Conditions June 10, 2023 Auction Terms and Conditions
Buyer Preium 15% + $1 Per Lot Won.
ALL SALES ARE FINAL: The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished by Auctioneer is solely for identification, and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS-WHERE IS," 'IN PLACE" and "WITH ALL FAULTS, KNOWN AND UNKNOWN." AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, BRAND, MAKE, STYLE, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. NO SALE SHALL BE INVALIDATED AND AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT OR OTHERWISE. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations.
NON CHARGEBACK AGREEMENT: BUYER AGREES THAT ALL SALES ARE FINAL. ALL ITEMS ARE SOLD "AS IS-WHERE IS," WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web, and advertising descriptions are NOT GUARANTEED. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, condition and/or any other consideration. IF YOU ARE UNSURE AS TO ANY MATTER, DO NOT BID.
To the maximum extent allowable, buyer hereby waives any and all rights to dispute, or initiate a chargeback, in any manner whatsoever, charges placed on customer's credit or debit account as it pertains to any purchases made with your user account.
Privacy Policy:
We do not sell, trade or share your personal information with anyone.
As part of the Online Privacy Policy Act, all users of our site may make any changes to their information at any time by logging into "My Account" and going to the "My Profile" page.
This is a trademarked website for public use through this service. You are subject to all terms and conditions.
By registering your user account, placing a bid or offer, placing an order for a listing through this website, you are acknowledging this Agreement with the conditions described below. If you do not agree to all of these terms, do not use this website. By registering on this website, you acknowledge that you have read, understood and accept the Terms and Conditions of this User Agreement.
If you do not accept these Terms and Conditions, you may not use our website.
Eligibility for Use of Our Service.
Our Services are available only to users who can form legally binding contracts (18 YEARS OLD) under the laws of the United States of America and the country, state and/or territory in which such user resides. Without limiting the foregoing, our Services is not available to minors, users whose use of our Services has been temporarily or indefinitely suspended, nationals or residents of any country restricted by the United States Government, or any party identified on the list of Specially Designated Nationals maintained by the United States Treasury Department or the Table of Denial Orders maintained by the United States Department of Commerce, as such restricted countries, lists and orders may be amended or modified from time to time by the United States Government. If you do not qualify, please do not use our Services.
Registration:
Before bidding, you must read and accept these Terms and Conditions of Auction. Read these terms carefully. When you click the "Register to Bid" button, you enter into a binding legal agreement with Passing It On Auctions.
You agree to provide accurate, current, and complete information on your registration and to maintain and promptly update the Registration Data whenever it changes. Passing It On Auctions cannot and will not be liable for any loss or damage arising from your failure to comply with this section. When Passing It On Auctions notifies users that their registration has been approved, such user shall become a "Registered Bidder." Only Registered Bidders are allowed participate in the Online Auction or Live Auction. Passing It On Auctions reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the auction.
Terms of Bidding:
All bids submitted are final and irrevocable, whether they are submitted in person, online or by proxy. The party registered under the issued buyer's paddle number will be considered the new owner of any item which is sold to that paddle number and will be responsible for payment in full, including all fees, under the Terms and Conditions of Auction. ALL SALES ARE FINAL.
If you bid on an item, you must be willing to take everything in the lot. If you are not willing to take it ALL, do not bid.
Passing It On Auctions expressly forbids owners from bidding on any item they have consigned to auction. Any item with a reserve will be declared so the bidder is fully aware that the item has a reserve price that must be met for the item to sell. Otherwise, the opening bid will be considered the minimum price for the item.
Passing It On Auctions reserves the right to refuse bids from any individual. Persons registering to bid with Hibid negative customer scores will not be permitted to bid unless a cash deposit of $500.00 or 50% of the opening bid or reserve on an item, whichever is greater, is delivered to the office of Passing It On Auctions prior to bidding at auction.
The Buyer Preium 15% + $1 Per Lot Won. for all purchases paid by CASH. Local sales tax is applied to all purchases, including the buyer's premium. As an example, a $100 purchase paid by credit card adds sales tax plus $15.00 BP + $1 Per Lot Won for the total purchase price. Please keep this in mind while bidding.
All items are sold "as is, where is" with all faults and no guarantee of marketability or suitability for any purpose. We recommend that you view all photos and read the full description of any item you are interested in prior to bidding. In addition, you should contact Passing It On Auctions to ask questions, request her assistance in conducting a Facetime, Zoom or other walk through inspection (available for high value items, such as equipment, collector cars, etc., not furniture, general household, etc.).
Descriptions are provided to help identify an item and create interest. Descriptions are not complete or exhaustive. It is up to the buyer to determine the suitability of the item for the buyer's purposes prior to bidding.
Passing It On Auctions does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Should the HiBid server itself be interrupted for any reason during the course of the auction that causes bidding to cease, the timeclock to stop, or the auction not to run, the Auctioneer reserves the right to cancel all bids placed and re-open the auction with a new closing date and time. Such circumstances include, but are not limited to, cloud flares, Acts of God, weather and electrical issues, data storage, computer system maintenance, war and other unforeseen circumstances that are not under the control of the Auctioneer but that impact the service.
Pick up is at the location printed at the top of your invoice.
Payment is by CASH --US Currency in full, exact change preferred, at the door during your scheduled pick up time.
UNSOLD ITEMS:
Items not receiving a bid in the auction will not be sold on site unless there is staff to accommodate buyers. Payment for such purchases will be by cash. Unsold items can be combined/picked from accumulations. Purchase prices will be negotiated and won't necessarily be the opening bid price.
If you are interested in purchasing any item not sold, you should contact Passing It On Auctions at 775-826-4857 by 5 p.m. Pacific on the Friday before pick up. The item can be put on your invoice at the agreed price with the Buyer's Premium and sales tax added. A new invoice will be emailed and printed indicating your new payment due at pick up.
Appraisals and Opinions of Value:
All values, including appraisal values and auction estimates, are to be used as guidance and are not a guarantee by Passing It On Auctions that the item will achieve that value when offered at auction or otherwise. Items should not be purchased with the expectation to resell for appraisal value or for profit.
Jewelry: Opinions of the value and quality of gemstones can vary greatly among "experts'' and gemologists, current market conditions, availability in the marketplace, geographical location, gemological equipment types, methods of grading and the evaluator's training. Such variances do not constitute any error on either the evaluator or Passing It On Auctions.
Passing It On Auctions does not warrant any value. As is customary in the jewelry business, when items are manufactured and are so similar in makeup that there is no difference in weight or appearance, a certificate may be duplicated for each piece that is produced and evaluated by the appraiser. Jewelry appraisals should be used for verification of gemstone and/or metal weight, size and grade, and not for a value.
Responsibility and Ownership:
Every item becomes the responsibility of the new owner as soon as the online auction is concluded. If you are the highest bidder, you are responsible for insuring your purchase immediately.
Title to items will pass from the seller to the buyer upon payment in full. The buyer will sign the Auctioneer's copy of the invoice as final acceptance of the goods.
A resellers' permit must be submitted before the conclusion of the auction. Failure to do so will result in sales tax being charged. Out of state buyers with resale permits must submit one, too. Otherwise buyers will be subject to sales tax.
Shipping: NONE
Pick UP:
The pick up location is printed in the header of the invoice. It IS at Passing It On Auctions's office on Wrondel Way unless specifically stated in the invoice header.
Once you have won an auction item, it is your responsibility to pick the item up on the given date during the allotted time frame. Winning bidders will be sent a link to schedule a pick up appointment.If the bidder fails to pick up during the allotted pickup time frame, then the items will be considered abandoned/forfeited, and there will not be a refund issued. You will not be permitted to pick up at any other time.
There are no additional pick up days or times available than those listed in the original auction listing.
No one age 16 or under is allowed on site during pick up. No animals are allowed on site. There are no public restrooms available on site.
Buyers will schedule their pick up day.. Buyers not signing up for pick up prior to the established deadline will have their sale voided, a negative notation on Hibid and their items will be considered abandoned.
Buyers sending a proxy or agent to pick up items will require a shipping release form prior to pick up. The shipping release form requires a government issued photo ID of the buyer, signature and authorization to release. The party which will be responsible for pick up must be named and a government issued photo ID will be required of them before packing or taking any purchases.
The buyer is responsible for bringing packing materials and packing their own purchases. Passing It On Auctions will facilitate pick up of items based on the type of the item in a suitable manner to include, but not limited to: bringing items to the buyer at a designated table on site; escorting the buyer to the item; supervising the buyer while packing bulky lots. Neither Passing It On Auctions, her help or the owner will be responsible for moving heavy or fragile items. The buyer is solely responsible for bringing their own help, tools, equipment and packing materials to pack and remove their purchase without damage to the seller's premises.
Website Ownership.
Passing It On Auctions licenses from third parties all information and other content as well as all of the software and technology related to the Website, including, without limitation, all HTML code, Java applets, graphics, icons, wallpaper, characters, artwork and text related to or contained in the Website. You may not use the Website or copy, transmit, publish, modify, distribute, perform, create derivative works from or reverse engineer any of the Technology except as expressly permitted by these Terms and Conditions. Passing It On Auctions may, at any time and in its sole discretion, add, delete or change the Website and any of the Services provided by or through the Website without notice.
This Website Is Only a Venue. Passing It On Auctions is not a party to a transaction relating to third party auction items. Passing It On Auctions provides a venue for Sellers to list items through our website. We provide registered users a venue to make purchases on such items through our website. Passing It On Auctions is an independent contractor.
Online Auction & Internet Trading is commonly referred to as an auction website, but is not to be construed with traditional auctioneers. Rather this website acts as a venue to allow you to offer, sell, and buy items listed on the website, at any time, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an online auction. Passing It On Auctions is not party in the third party transactions. As a result, Passing It On Auctions has no control over the quality, safety or legality of the items advertised, or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.
Release of Liability: Passing It On Auctions is not a third party in the transaction between buyers and sellers. In the event that you have a dispute with one or more users, you release Passing It On Auctions (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a Nevada resident, you waive Nevada Civil Code §1542, which says: " general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
If you have a dispute with a Seller or another user, you release Passing It On Auctions from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Access and Interference: The website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the website or any auction being conducted on the website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to Passing It On Auctions by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website.
BY USING THIS Website YOU CONFIRM THAT YOU HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTAND THEIR CONTENTS. YOU ACKNOWLEDGE THIS IS A RELEASE OF LIABILITY.
By registering you agree to these Auction Terms and Conditions. If you do not agree to or understand any of these Auction Terms and Conditions, DO NOT BID.
