Buyer's Terms & Conditions of Sale:
This is a public auction, conducted in accordance with these Terms and Conditions of Sale, by Pickle Hill Auction LLC (hereinafter “Pickle Hill”). By bidding on any lot offered by Pickle Hill, the bidder indicates acceptance of the following Terms and Conditions of Sale.
Buyer's Premium:
15% Buyer Premium will be added to all successful bids and is payable by the winning bidder as part of the total purchase cost.
Sales Tax:
All sales are subject to sales tax unless a proper tax exempt form is placed on file with Pickle Hill prior to the start of the auction.
Bidding:
All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client in good standing of the Auctioneer may be disqualified at Auctioneer's sole option and will not be awarded lots. Such determination may be made by Auctioneer in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. To ensure the safety of all our bidders Pickle Hill reserves the right to request a photo ID and/or verbal verification via telephone phone. Auctioneer reserves the right to exclude any person from the auction.
Payment:
All merchandise must be paid for in full after the auction. Automated billing will charge the credit card that you placed on file during registration for the auction. Payments will be run directly through HiBid unless notified in advance. A 3% discount will be applied to the 15% Buyers Premium for in-house invoices paid by personal check or cash (subject to prior approval by Pickle Hill). Pickle Hill reserves the right to void any credit card transaction of $1,000 or more and request a wire transfer for payment in full for any new bidder or bidder without a buying history with Pickle Hill Auction. Pickle Hill reserves the right to verify a bidder prior to accepting credit card payments. We accept all major credit cards: Visa, Master Card, Discover, American Express, PayPal, Debit Cards, etc.
Return Policy:
All lots are sold "as is." Lots may NOT be returned. This is NOT an approval sale. ALL SALES of lots to the highest bidder ARE FINAL. Bidders are strongly advised and encouraged to research any lots upon which they plan to bid, and to determine bids based upon their own evaluation. Bidders assume all risks concerning and related to the grade, quality, appearance, condition, history, and origin of any lot. All previews are by appointment only.
Shipping:
We ship goods through our in-house shipping team via Shipping Saint. Bidders can expect a text/email from Shipping Saint to confirm shipping following the auction and with order updates. Email Picklehillauction@gmail.com for specific packing requests. Shipping invoices will be insured for the full purchase price and include a $1.00 packing and handling fee, plus postage and packing material costs, and are a separate charge from the goods being sold at auction. ALL COINS, PAPER MONEY & JEWELRY over $1,000 MUST be delivered with signature required. ABSOLUTELY NO DELIVERIES TO PO BOXES WITHOUT VERBAL CONFIRMATION & PIC OF PHOTO ID. We do not offer the option to waive insurance on any packages. Items that are forfeited because of shipping costs will be subject to a $15.00 restocking fee and future bidding will be at the discretion of the Pickle Hill. NO REFUNDS WILL BE GIVEN FOR ANY CUSTOMERS REFUSING TO PAY SHIPPING & INSURANCE. Please allow 3 to 5 business days to process shipping. Buyer releases Pickle Hill from all claims for loss or damage to any item during transit and agrees to pay all costs of defense including attorney's fees, for any claims brought against Pickle Hill for loss or damage occurring during transit. Pickle Hill is not responsible for mis-delivery or theft of packages. Pickle Hill Auction reserves the right to decline shipment of items based on BREAKABLE, DELICATE OR FRAGILE HANDLING. If an item is unable to be shipped in-house, the item will require shipment by a 3rd party or pickup arrangements must be made within 7 days from date of sale. Pickle Hill will not ship any items that are neon or contain neon. Other fragile items include glass, display cases, coin-operated, arcade, vending items with fragile parts or glass, signs with parts or protrusions beyond the main body of the sign, oversized vases, high value lamps and glass of all sizes, high value artwork including- paintings, sculptures, statuary, figurines, dioramas, and other intricate items; and items subject to moisture and knowns handling issues in the supply chain. Under no circumstances will Pickle Hill be responsible for shipping damage to picture frames of any kind. For buyer's who wish to arrange their own shipping you must notify Pickle Hill immediately and pickup must be scheduled within normal business hours. We will not accept shipping labels from outside sources but you may arrange your own packing and shipping with an outside source, but we must be notified immediately following the auction. We will not pack items with a customer-provided shipping label.
Shipping Insurance:
Shipping insurance will be automatically added to the shipment for the full purchase price in the US, Canada & International locations. Insurance MAY NOT be waived, we DO NOT ship without insurance. If a customer refuses to pay for shipping insurance the order will be forfeited and NO REFUNDS will be provided. Insurance for all 3rd party shipments must be arranged through that carrier.
International Shipping: Pickle Hill has the capability to ship to international bidders. By law, Pickle Hill cannot, and will not, declare lesser values for any international purchases and all shipments will include the invoice with purchase totals including the buyer's premium and shipping cost. All international bidders are responsible for knowing their country's laws on importing items and for paying all customs and duties on items.
Third Party Oversized Shipping: Buyer's will need to arrange a 3rd party shipping service for oversize items. An outside company can be provided, and a separate shipping quote for oversized items is available.
Pickup:
PICKUP IS NOT ALWAYS AN AVAILABLE OPTION. When pickup is available, all items must be picked up within 7 days of auction ending date and PICKUP IS STRICKLY BY APPOINTMENT ONLY. Storage for purchased items is not provided. After 7 days with no contact items will be considered abandoned and disposed of at bidder's expense. If prior arrangements have not been made, the bidder will forfeit lots and they will be discarded at Auctioneers discretion. No refunds will be given. Photo ID will be required for all purchases being picked up unless you are an established customer.
Bids Via Absentee:
A bidder may also participate via absentee bids which will be executed by a representative of Pickle Hill Auction during the auction. The bidder accepts that all left bids do not include the Buyer's Premium of 15%. All absentee bids are subject to the same Terms and Conditions of Sale.
Rights & Responsibilities:
The auctioneer will determine the highest bidder. The auctioneer, alone, has the right to reopen the bidding for an item, if deemed necessary. Pickle Hill and its representatives reserve the right to remove any attendees who impede the preview and/or the auction. Title to all merchandise shall pass to the winning bidder after receipt of good funds by Pickle Hill. Bidders will be held responsible for their bids, including those bids placed incorrectly. PLEASE VERIFY BIDS BEFORE SUBMITTING THEM. In order to have a bid removed or corrected, bidder must contact Pickle Hill a minimum of one hour prior to start of the auction. Bidder waives auctioneer's responsibility and holds Pickle Hill harmless for failure to recognize, accept, receive or execute any lost or missing bids by internet, telephone, email, floor bid, fax, mail or other means. Pickle Hill reserves the right to postpone or cancel an auction without notice. Lots may be withdrawn at the discretion of Pickle Hill, without prior notice. Lots may carry a reserve. A reserve is a price below which the auctioneer will not sell an item or will re-purchase the item on behalf of the consignor. Pickle Hill permits bids to be placed by the auctioneer, or an employee of the auctioneer, up to the predetermined reserve set by the consignor.
DISCLAIMER AND WARRANTIES:
NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR A WARRANTY OF TITLE, AND IN THE CASE OF TITLE, AUCTIONEER IS SELLING ONLY THAT RIGHT OR TITLE TO THE LOT THAT THE CONSIGNOR MAY HAVE AS OF THE AUCTION SALE DATE. ALL LOTS ARE SOLD "AS IS" AND WITH ALL FAULTS. PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVEDANCE OF A LOT. A. All oral and written statements made by Pickle Hill and/or and its employees or agents (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind, unless stated as a specific written warranty, and no employee or agent of Pickle Hill has authority to vary or alter these Terms and Conditions of Sale. Pickle Hill reserves the right to vary or alter the Terms of Sale, either generally or with respect to specific persons or circumstances, in its sole discretion. Any variation or alteration shall be effective only if in writing and signed by an officer of Pickle Hill authorized to do so. B. Pickle Hill is acting as an auctioneer. Title to the lots purchased passes directly from the Consignor to the Buyer. Accordingly, Pickle Hill is not making, and disclaims, any warranty of title. C. Bidder acknowledges that the market is speculative, unregulated and volatile, and that prices may rise or fall over time. Pickle Hill does not guarantee or represent that any customer buying for investment purposes will be able to sell for a profit in the future. D. Bidder acknowledges and agrees that neither Pickle Hill, nor its employees, affiliates, agents, third-party providers or consignors warrant that auctions will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events. Waiver & Release Bidder, for himself/ herself, his/her heirs, agents, successors and assignees, generally and specifically waives and releases, and forever discharges Pickle Hill, and its respective affiliates, parents, officers, directors, shareholders, agents, subsidiaries, employees, managers and members and each of them, and their respective successors and assignees from any and all claims, rights, demands and causes of actions and suits, of whatever kind or nature, including but not limited to claims based upon Auctioneer's negligence, whether in law or equity, tort or otherwise, whether known or unknown, suspected or unsuspected (a "Claim"), which Bidder may assert with respect to and/or arising out of, or in connection with any challenge to the title to or authenticity of any goods purchased, the sale itself, any lot bid upon or consigned, and/or the auction, except where such Claim is otherwise expressly authorized in these Terms of Sale. It is the intention of Bidder that this waiver and release shall be effective as a bar to each and every Claim that may arise hereunder or be related to the Auction Sale.
Disputes:
If a dispute arises concerning ownership of a lot or concerning proceeds of any sale, Pickle Hill Auction reserves the right to commence a statutory interpleader proceeding at the expense of the Consignor and Buyer and any other applicable party, and in such event shall be entitled to its reasonable attorneys' fees and costs. Pickle Hill reserves the right to cancel or postpone the Auction Sale or any session thereof for any reason whatsoever. No Bidder shall have any claim as a result thereof, including for incidental or consequential damages. Neither Pickle Hill nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms of Sale, the auction or the conduct thereof and in no event shall such liability exceed the purchase price, premium, or fees paid. Rights granted to Bidders under the Terms and Conditions of Auction Sale are personal and apply only to the Bidder who initially purchases the lot(s) from Pickle Hill Auction. The rights may not be assigned or transferred to any other person or entity, whether by sale of the lot(s), operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred by these Terms and Conditions of Auction Sale. Any dispute arising out of or related to these Terms of Sale, the Auction Sale or any lot, with the sole exception of actions by Pickle Hill Auction to collect amounts owed to it and other damages, shall be submitted to binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, with any arbitration hearing to occur in a County and State determined by Pickle Hill only. Absent an agreement of the parties, the arbitrator shall limit discovery to that which is necessary to enable the hearing to proceed efficiently. The arbitrator shall not have the power to award punitive or consequential damages, nor alter, amend modify any of the terms of this Agreement. The award by the arbitrator, if any, may be entered in any court having jurisdiction thereof. Each party shall pay one-half the costs of the arbitration. Bidder acknowledges and agrees that the competent courts shall have exclusive in persona jurisdiction, subject to the requirement to arbitrate, over any dispute(s) arising hereunder, regardless of any party's current or future residence or domicile. Bidder further agrees that venue of the arbitration proceeding shall be in County and State determined by Pickle. Bidder agrees that any arbitration or legal action with respect to this Auction is barred unless commenced within one (1) year of the date of this Auction Sale. AUCTION PARTICIPANTS EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY.
