The Kindness Sale No.11

Please read carefully before bidding.

Terms & Conditions

These Terms & Conditions are valid as of September 1, 2024

The property (hereinafter the Property) offered and sold through In Like Kindness Foundation Inc. (hereinafter ILK) public auctions is donated to our 501(c)(3) or taken on consignment and shall be offered and sold according to the terms and conditions set forth below (hereinafter the Agreement). This Agreement constitutes the complete statement of the terms and conditions according to which all Property is offered for sale. By bidding at the auction, whether in person, by agent, in writing, by telephone, internet bid, or any other means, the Buyer of the Property (hereinafter the Buyer) agrees to be bound by this Agreement.

PROPERTY SOLD AS IS. All Property is sold as-is, where is, with all faults. Neither ILK nor any consignor makes any guarantees, warranties, or representations, expressed or implied, concerning the Property or the correctness of the catalog or any other description of the Property. In no event shall ILK or the consignor be responsible for the correctness, nor be deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin or condition of the Property. No statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a guarantee, warranty or representation. Additionally, the absence of a statement of condition does not construe nor imply this item is in any particular condition. Sometimes a statement is made in the catalog description of the Property when its condition affects the function of the item but not necessarily the value. Either way, you may request a condition report for clarification. Condition reports are furnished upon request and must be requested. We will do our best to answer requests in a timely manner. Please be specific with regard to the details of the condition you wish answered. Please understand that the use of condition reports is to ask questions consistent with your understanding of the details of the product and is for your own authentication. In the case that you haven't received a condition report, as per our Terms and Conditions of the sale, by virtue of bidding in the sale, you agree that you are sufficiently satisfied with our description whether accurate or errant. Preview Days are available prior to every sale. Available dates and times will be listed in each catalog.

WITHDRAWAL OF PROPERTY. ILK reserves the right to withdraw any Property at any time for any reason and to default any sale in the event of an error or dispute.

COPYRIGHT AND REPRODUCTION RIGHTS. ILK and its consignors make no warranty or representation, express or implied, that the Buyer will acquire any copyright or reproduction rights to any Property sold. ILK expressly reserves the right to reproduce any image of the Property sold in the catalog. The copyright in all images, illustrations and written material produced by or for ILK relating to Property, including the contents of the catalog, is, and shall remain at all times, the property of ILK and shall not be used by the Buyer, nor by anyone else, without prior written consent.

EXAMINATION OF PROPERTY. All Property is available for examination prior to bidding. The Buyer's bidding signifies that the Buyer has examined the Property as fully as desired or has chosen not to examine the Property. ILK recommends that prospective bidders examine all items in which they have an interest before bidding.

BIDDING RESERVES. Some of the Property offered in the sale is subject to a reserve. The reserve is a confidential minimum price, agreed upon by the consignor and ILK, below which the lot will not be sold. In most cases, the reserve will be set below the estimated range, but in no case will it exceed the low estimates listed. Bidding will begin at a price appropriate at the auctioneer's discretion. The auctioneer always reserves the right to withdraw Property for any reason he deems appropriate.

ORDER OF BIDS. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog. ILK reserves the right to determine any and all matters regarding the order, precedence, or appropriate increment of bids or the constitution of lots.

ABSENTEE AND PHONE BIDDING. (Not applicable to Timed Sales) Absentee and phone bidding are permitted by prospective bidders who cannot be present at the auction. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm EST the day before the auction. No additional phone bids will be accepted at such time including additions when speaking with a staff person on the phone. Written absentee bids may be submitted on the Absentee Bid Form up to 30 lots before the item comes up for auction. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at the printed low estimate, and gives the auctioneer the authority to open the bidding at that level. In the case of identical absentee bids, the bid received first will prevail. Bids left on internet portals are not executed until the item is offered in the live auction and the order in which they are received is not a factor.

CUT BIDS. We do not accept cut bids, (bids less than the last interval) from the floor or from absentee bidders including phone and internet bidders. Thus, it is possible that a lot could go to another bidder for less than an absentee bid. For example, if the bids are progressing in $10 dollar increments and an absentee falls at a $5 increment we will not take the bid since it is less than the $10 increment.

Unless otherwise specified, the following are general guidelines for bidding increments:
$0-$49 by $1 increments
$50-$149 by $2 increments
$150-$299 by $5 increments
$300- $599 by $10 increments
$600-$1199 by $25 increments
$1200-$2,999 by $50 increments
$3,000-$5,999 by $100 increments
$6,000-$11,999 by $250 increments
$12,000-$29,999 by $500 increments
Above $30,000 at the auctioneer's discretion

HIGHEST BIDDER. The highest bidder, as determined by the auctioneer and/or by the online bidding platform, shall be the Buyer. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the Buyer and may also, at his or her election, withdraw the Property or re-offer the Property for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. At such time as the auctioneer and/or the online bidding platform has declared Property sold to a given Buyer, said Buyer thereupon assumes full risk and responsibility for the Property, agrees to sign any requested confirmation of purchase and agrees to pay the full price, plus Buyers Premium, therefore or such part, upon such terms as ILK may require. Purchases are not contingent on shipping costs.

PAYMENT. Buyers with a Credit Card on file with LiveAuctioneers, HiBid,and BidSpirit will be charged automatically 48-72 hours after invoices for the sale have been confirmed and created, if not already initiated by the buyer. Payment processing fees are the responsibility of the Buyer. ILK reserves the right to hold Property purchased by personal check (ACH) until the check has cleared. All Property purchased must be paid for no later than 5 pm EST on the seventh business day following the sale when alternate payment arrangements have been made. ILK reserves the right to rescind any sale of Property in the event payment is not received within seven (7) business days of the sale. ILK will file disputes against the Buyer in the event of non-payment on the bidding platform. These disputes are visible system-wide and can hinder future auction registrations.

BUYERS PREMIUM. Unless otherwise specified, a Buyer's Premium will be added to the Hammer Price of each lot sold as prescribed in the following sliding scale.

Up to $49- 25%
$50-$199- 20%
$200 and above- 15%

This fee is exclusive of any additional premiums levied by this auction portal.

REMOVAL OF PROPERTY. All items must be picked up or shipping arrangements made within two weeks of the day of sale. Items not collected or shipped by the 15th day following the sale will incur storage fees at a rate of $5.00 per lot per day, regardless of the size or value of the lot. Items not collected by the 30th day following the sale will be considered abandoned, revert to ILK ownership, and will be sold by ILK, as will property where storage fees exceed the item purchase price. ILK may prohibit the Buyer from participating, directly or indirectly, as a bidder or purchaser in any future sale. No Property may be removed from ILK premises until the Buyer has paid in full the purchase price, including Buyer's premium and any applicable storage fees. ILK shall have no liability for any loss or damage to Property left on its premises beyond 14 days after the auction. A defaulting Buyer will be deemed to have granted and assigned to ILK a continuing security interest of first priority in any Property or money of or owing to such Buyer in ILK's possession, and ILK may retain and apply such Property or money as collateral security for the obligations due to ILK. ILK shall have all of the rights accorded a secured party under the Pennsylvania Uniform Commercial Code.

PACKING AND SHIPPING. Shipping is the sole responsibility of the Buyer. ILK provides limited shipping services. ILK can provide a competitive list of shippers that have served us successfully in the past, but have no affiliation with any shipper on the list. Neither ILK nor any of its consignors will have liability for any loss or damage to shipped items. Upon request, ILK will provide a list of shippers who deliver to destinations within the United States and overseas.

TAXES. Sales taxes will be collected and remitted by the payment processor (LivePayments, etc). Any certificates for tax exemption must be filed with the bidding platform. ILK cannot make any adjustments in any situation. All purchases are subject to applicable sales tax unless the Buyer possesses an applicable sales tax exemption number. Buyer is responsible for remitting exemption certifications to bidding platforms. Buyer is responsible for any tariffs, taxes, and assessments that might be made on the Property. International Buyers are responsible for tariffs, taxes, or assessments of shipped items to the Buyer's country.

IMPORT/EXPORT RESTRICTIONS. Some property that is sold at auction can be subject to laws governing export from the United States, such as items that include material from some endangered species. Import restrictions from foreign countries are subject to these same governing laws. Granting of licensing for import or export of Property from local authorities is the sole responsibility of the Buyer. Denial or delay of licensing will not constitute cancellation or delay in payment for the total purchase price of said Property.

BUYERS BREACH. If the Buyer breaches any of its obligations under this Agreement, including its obligation to pay in full the purchase price of all Property for which it is the highest successful bidder, ILK may exercise all of its rights and remedies under the law including, without limitation, (a) canceling the sale and applying any payments made by the Buyer to the damages caused by the Buyers breach, and/or (b) offering at public auction, without reserve, any lot or item for which the Buyer has failed to pay in full the purchase price, holding the Buyer liable for any deficiency plus all costs of sale.

GOVERNING LAW. These conditions of sale shall be governed by the laws of the Commonwealth of Pennsylvania (excluding the laws applicable to conflicts or choice of law). The Buyer agrees that any suit for the enforcement of this Agreement may be brought, and any action against ILK in connection with the transactions contemplated by this Agreement shall be brought, in the courts of the Commonwealth of Pennsylvania or any federal court situated in Montgomery County. The Buyer consents to the nonexclusive jurisdiction of such courts and waives objections that it may now or hereafter have to the venue of any such suit.

AMENDMENTS TO TERMS AND CONDITIONS. No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable, or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of ILK in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of ILK on any future occasion.

2024 In Like Kindness Foundation Inc, All Rights Reservedon listing for Terms and Conditions