Terms and Conditions of Sale TERMS AND CONDITIONS OF SALE - AGREEMENT BETWEEN R&R AUCTION COMPANY, LLC AND BIDDER BY EITHER REGISTERING TO BID OR PLACING A BID, THE BIDDER ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH RR AUCTION. The following terms and conditions constitute the sole terms and conditions under which R&R AUCTION COMPANY (“RR Auction”) will offer for sale and sell the property described in the Catalog. These Conditions of Sale constitute a binding agreement between the Bidder and RR Auction with respect to the auction. By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid or by any other means, the 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. NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE “CONDITIONS OF SALE” EITHER PRINTED IN THE CATALOG OR ONLINE, AS WELL AS THE TERMS OF THE REGISTRATION FORM. BY PLACING ANY BID, THE BIDDER REPRESENTS AND WARRANTS TO RR AUCTION THAT HE OR SHE HAS FULLY REVIEWED AND AGREES TO BE BOUND BY ALL OF THESE “CONDITIONS OF SALE” AND THE TERMS OF THE REGISTRATION FORM. WITHOUT SUCH REPRESENTATION, WARRANTY AND AGREEMENT, RR AUCTION WOULD NOT PERMIT THE BIDDER TO BID. Bidder and RR Auction agree that any agreements between the Bidder and RR Auction including but not limited to these Conditions of Sale are entered into in Amherst, New Hampshire, which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both RR Auction and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by New Hampshire law, and that any and all claims or actions shall be brought and maintained only in Hillsborough County, New Hampshire. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. The Bidder hereby consents that any dispute shall be presented in confidential binding arbitration before a single selected Arbitrator selected by the American Arbitration Association. The Bidder and RR Auction herby agree that the dispute shall go to binding arbitration in accordance with the commercial rules of the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in the State of New Hampshire. Any dispute, claim, cause of action must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. After one (1) year, the Bidder hereby releases and discharges RR Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against RR Auction arising from or relating to any claim whatsoever. Both Bidder and RR Auction agree that these provisions are intended to be binding on all parties in the event of any dispute specifically including third party claims and cross-actions brought by either RR Auction or Bidder, and that absent such agreement, RR Auction would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle RR Auction to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in
this paragraph as conclusive evidence of the parties’ agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. An award granted in arbitration is enforceable in any court of competent jurisdiction. The arbitrator’s award may be enforced in any court of competent jurisdiction. This agreement and any claims shall be determined and construed under New Hampshire law. RR Auction is in compliance, to the fullest extent possible, with New Hampshire procedures regarding the bonding of auctioneers. Auctioneer and Auction: 1. This Auction is presented by RR Auction, a d/b/a/ of R&R Auction Company, LLC, as identified with the applicable licensing information on the title page of the catalog or on the www.RRauction.com Internet site (the “Auctioneer”). The Auction is conducted under these Terms and Conditions of Sale and applicable state and local law. Announcements and corrections from the podium at live auctions and those made through the Terms and Conditions of Sale appearing on the Internet at RRauction.com supersede those in the printed catalog. Bidder/Bidders: 2. “Bidder” or “Bidders” shall mean the original Bidder of the property from 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. 3. The rights granted to Bidders under these Terms and 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. 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 on any Bidder by these Terms and Conditions of Sale. 4. Bids will not be accepted from minor persons under eighteen (18) years of age without a parent’s written consent containing an acknowledgment that the Terms and Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder. 5. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of Sale. 6. All Bidders must meet Auctioneer’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. 7. 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. 8. By accepting the Terms and Conditions of Sale, Bidder personally and unconditionally guarantees payment. If the Bidder is a corporation, the officers, directors, and principals of the corporation hereby agree to personally and unconditionally guarantee payment as part of the corporation’s agreement to bid. 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 each principal, director and officer that they each personally and unconditionally guarantee any payment due RR Auction Credit: 9. In order to place bids, Bidders who have not established credit with the Auctioneer must either furnish satisfactory credit information (including two collectibles-related business references) or supply valid credit card information, 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. Credit will be granted at the discretion of Auctioneer. 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 their social security number or the last four digits thereof so a credit check may
Published on Jun 26, 2013
Headquartered in Amherst, NH, RR Auction is globally recognized as the trusted source for authentic autographed memorabilia and rare signed...