07/09: Gallery Online Estate Auction Richmond VA

** PLEASE READ THE FOLLOWING TERMS BEFORE PARTICIPATING IN THIS AUCTION **

By placing a bid on this auction, you agree to be bound by the TERMS AND CONDITIONS of sale. We encourage you to read them.

1. AS IS: You are placing bids on an auction. There are no reserves or minimum bids, and everything starts at just $3. All items are sold “AS IS”, “WHERE IS,” and “WITH ALL FAULTS”, in their condition at the time of sale without any warranties or guarantees, either expressed or implied, including but not limited to warranties of title, possession, quiet enjoyment, merchantability, or fitness for a particular purpose.

2. DESCRIPTION: We provide you with a brief description for each item, and photographs for you to look at online. As the bidder, it is your responsibility to either inspect or obtain a condition report for all items to determine age, condition, description and authenticity prior to placing any bid. No purchase shall be set aside, and Cannon’s Online Auctions, LLC. shall have no liability for, as a result of any errors in description, cataloging, mislabeling or imperfections of any item.

In the unusual event of your item being either lost or damaged prior to pickup, your claim is limited to a full refund of the purchase price (plus fees and tax) only.

3. BUYERS PREMIUM and SALES TAX: A buyers premium of 18%, and VA sales tax of 6% will be added to all invoices. Exempt bidders should provide the necessary Virginia ST-10 form

4. SEQUENTIAL CLOSING and AUTO EXTEND BIDS: This auction closes in lot number sequence at the rate of 4 lots per minute, auto extending for 4 minutes if bids are received within the last 4 minutes. We suggest placing bids early, and utilizing the maximum bid feature to ensure your bids are represented.

5. CONDITION: By placing a bid, buyers acknowledge that they have either inspected the item or property in question, or obtained a satisfactory condition report from Cannon's Auctions. We recommend each item be examined thoroughly, to determine condition and whether or not items have been repaired, restored, or damaged. Most items described in the auction have come from estates and have, therefore, been subjected to extensive use.

6. AUCTION LOCATION, PREVIEW and PICKUP: It is very important that you take note of the location of this auction, and the dates and times allowed for pickup after the auction - you have to either collect yourself, send a friend, or call us to arrange shipping of your items during the given times specified. If your items are not collected from the sale location on the day and specific times allocated for pickup, they will be deemed abandoned, and both your payment and items will be forfeited and disposed without any refund or compensation.

Buyers are responsible for dismantling, moving and loading furniture. Please ensure that you have your own labor, boxes, packing materials and equipment needed to collect your items. Cannon's Auctions does not provide labor to move items from the sale location.

7. NO CHILDREN: If previewing items in person note that the auction location may be hazardous. NO CHILDREN UNDER 16 are allowed at the preview site.

8. PRE-AUTHORIZATION AND PAYMENT: When you register for this auction, you consent to a $1 authorization on the credit card you have on file. This is a hold only, it is not a charge.

If you are the winning bidder, your card on file will be processed for the full amount of your invoice immediately after the auction.

Please make sure that your credit card information is current, and that the address on your bidder profile is the same address used for your credit card statement.

9. AUCTION PURCHASE AND PICKUP LIABILITY WAIVER AND HOLD HARMLESS AGREEMENT

The bidder is or will be voluntary entering onto the premises of Cannon’s Online Auctions, LLC (“Company”) for the purpose of completing the transaction for item(s) the bidder has purchased through an auction, including picking up, removing, loading, and/or otherwise transporting such item(s) from the Company property (“Property Pickup”). In consideration of being allowed to enter onto the Company’s premises and to complete the Property Pickup, the bidder agrees to the following terms and conditions:
The bidder assumes all risk of bodily injury, property damage or other loss of any kind from any cause while the bidder is conducting the Property Pickup, including, but not limited to, accidents, injuries, death, or damage experienced while the bidder is on Company premises in connection with the Property Pickup or while the bidder is approaching, entering, disembarking from, leaving, or near any premises of the Company, including, without limitation, its warehouse and parking lots. The bidder knowingly assumes all responsibility and liability for his/her own actions while the bidder is participating in the Property Pickup and will in no way interfere with the ability of any Company employee or affiliate of Property Pickup or perform his or her duties. The bidder agrees to indemnify, defend, and hold harmless Releasees from any losses, liability, damage or cost Releasees may incur due to the bidder’s activities or actions associated with the Property Pickup, whether caused by the negligence of Releasees or otherwise. The bidder further agrees to release the Company, its subsidiaries, agents, affiliates, employees, officers, shareholders, predecessors and successors, including the participating auction company (“Releasees”) from any liability, claims, demands, actions, and causes of actions whatsoever, arising out of or related to any loss, property damage, physical injury, contagious disease, or death that may be sustained by the bidder while, in, on, or upon any premises, vehicles or apparatus owned, occupied, or used by any Releasee, while on the Company’s premises, or while performing any act related to the Property Pickup. The bidder agrees to indemnify, defend and hold harmless Releasees from any loss, cost or expense, including, without limitation, reasonable attorneys’ fees, incurred by any Releasee by reason of the assertion of any claim released hereunder.
The bidder understands and agree that this Liability Waiver and Hold Harmless Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Virginia, and that, if any portion of this Liability Waiver and Hold Harmless Agreement is held invalid, the balance shall continue in full legal force and effect. The bidder agrees that this document is legally binding on the bidder's spouse, children, heirs, next of kin, executors, administrators and assigned parties. By submitting a bid, the bidder agrees to the release and waiver of liability and indemnity agreement and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
I, the bidder, acknowledge and agree that these terms are legally binding on my spouse, children, heirs, next of kin, executors, administrators and assigned parties. By placing bids on this auction, I acknowledge that I have read the foregoing Liability Waiver and Hold Harmless Agreement carefully and in its entirety, that I understand all of the terms and the implications thereof, that I am over eighteen (l8) years of age and of sound mind and of sound physical health, and that I accept this waiver and agreement of my own free will and in consideration of the benefits to me as set forth herein.