C H A R Y N
A U C T I O N S
ABSENTEE BID FAX FORM
What this form is for:
Use this form to place an absentee bid for an upcoming auction if you
can't make it in person. This form must be completely filled in and returned
to Charyn Auctions by 9am the last business day prior to the auction.
(Please consult the page for that particular auction for the particulars
on what will be sold at auction to be sure that you submit your absentee
bid in time for the appropriate auction.)
Absentee bid terms and conditions:
(1) If the buyer of auction merchandise is a professional reseller of
this merchandise, buyer agrees that this property may be used for no purpose
other than resale. Professional reseller hereby certifies that purchases
are not subject to sales tax and that reseller shall fill out and submit
a resale card to Charyn Auctions, which contains information that is truthful
and accurate. (2) Cash, cashier's checks, Visa and Mastercard, Discover
and wire transfer are accepted for payment. No personal or company checks
accepted unless the bank of the bidder/buyer guarantees the payment of
the check in writing. A deposit is required to bid at the auction. Bidders/Buyers
must obtain the refund of their deposit prior to leaving the auction site.
Under no circumstances will deposits be returned to bidders/buyers who
make deposits in cash and who fail to obtain their cash refund before
leaving the auction site. For absentee bids, as defined in paragraph nine
(9), a twenty five percent (25%) deposit of the estimated selling price
of the merchandise is required in advance of the auction. In all circumstances,
the balance in full is due on the day of sale. Merchandise cannot be removed
until the total amount owed is paid. (3) After being awarded the high
bid for any lot, the buyer is required to maintain a deposit equal to
twenty five percent (25%) of the purchase price of the lot. The buyer
is in default and forfeits all merchandise, deposits and partial payments
if they fail to maintain the twenty five percent deposit and pay the balance
due at the end of the sale day. Charyn Auctions shall be entitled to retain
all deposits and partial payments as liquidated damages with the right
to resell the merchandise in a private sale, or at a future auction to
the highest bidder without notice to the defaulting buyer. Any deficient
balance resulting from such resale shall be paid to Charyn Auctions by
the defaulting buyer together with all charges, attorney's fees, including
a $300 administrative fee for each breach and a ten percent (10%) penalty
per annum on unpaid balances. (4) All merchandise purchased by the buyer
must be removed from the auction site by the buyer on the date specified
on the invoice. However, it is the sole responsibility of the buyer to
verify the correct date for merchandise removal. Under no circumstances
shall merchandise be removed from the auction premises prior to the conclusion
of the auction. Buyer indemnifies Charyn Auctions from any liability or
responsibility for merchandise that is not removed by the buyer within
the allocated period of time. Merchandise that is fully or partially paid
for and not removed by the date specified by Charyn Auctions shall be
considered abandoned. As a consequence, buyer forfeits all sums paid for
merchandise and Charyn Auctions shall retain these sums with the right
to conduct a future auction or private sale of the abandoned merchandise
without notice to the buyer. If Charyn Auctions needs to move merchandise
from the auction site, the buyer who abandoned it shall be assessed moving
and storage charges and all charges described in paragraph three (3).
(5) Charyn Auctions sells all merchandise, "AS IS" and "WHERE IS" with
all faults unless the company expressly posts a written notice at the
auction site to the contrary. Charyn Auctions makes no warranties as to
the condition of any merchandise, or its fitness for any purpose. While
descriptions are believed to be correct, Charyn Auctions and its merchandise
consignors make no expressed or implied warranties and guarantees as to
the description, origin, authenticity, age, fitness, condition, or working
order of any merchandise sold at any auction. Bidders/Buyers agree they
are not acquiring any intellectual property rights to any merchandise
purchased at auction. It is the sole responsibility of buyers to ensure
that they are in compliance with any use requirements of the manufacturer.
It is the bidder's/buyer's sole responsibility to thoroughly inspect all
merchandise before the auction, and once again prior to removing merchandise
from the auction site. The inspection shall include, but not be limited
to evaluating the merchandises' age, origin, fitness, authenticity, condition
and working order. Bidders/buyers of motor vehicles agree that they have
the sole responsibility for inspecting vehicle plates, tags, smog devices,
engines, interiors and exteriors. Charyn Auctions shall be held harmless
from, and not responsible for any fees or penalties due on vehicle registrations.
Charyn Auctions and its merchandise consignors shall be held harmless
and not liable for any discrepancies or inaccuracies contained in advertisements,
brochures, catalogs and websites. BUYER UNDERSTANDS THAT ALL SALES ARE
FINAL AND THAT REFUNDS AND RETURNS OF MERCHANDISE WILL NOT BE ALLOWED
UNDER ANY CIRCUMSTANCES. (6) Bidders/Buyers agree to indemnify, defend
and hold harmless the parties of Charyn Auctions, its merchandise consignors,
and auction site property owners from any and all personal and property
damages, claims, liabilities, injuries and causes of action, of any kind
whatsoever that directly or indirectly relate to auction attendance, merchandise
purchases, and/or removal. When removing merchandise, the buyer agrees
to assume sole responsibility, liability, and expense to secure all permits,
insurance and professional expertise in order to properly dismantle and
move the merchandise from the auction site. Additionally, the buyer has
the sole responsibility to ensure compliance with all government mandated
safety requirements and regulations. Bidders/Buyers accept full responsibility
and liability for breaching any provision of the sale terms. (7) A Buyer's
Premium shall be added to all merchandise and sales tax shall be computed
on the total. If a sales tax auditor of any governmental jurisdiction
determines the buyer is not a bona fide reseller of auction merchandise,
Charyn Auctions shall have the right to recover from the buyer any taxes
and penalties due, in addition to accounting and attorney's fees. (8)
Bidders/buyers agree that it is their sole responsibility to thoroughly
inspect all merchandise before the auction, and once again prior to removing
merchandise from the auction site. The inspection shall include, but not
be limited to evaluating the merchandises' age, origin, fitness, authenticity,
condition and working order. Charyn Auctions shall not be held liable
or responsible in any way for bidders/buyers who fail to exercise their
responsibility to thoroughly inspect merchandise before purchase and removal.
Additionally, Buyers shall hold Charyn Auctions harmless and not liable
for missing merchandise/parts, incorrect item counts, merchandise defects,
merchandise that is not in working order, damage or loss of merchandise
that may have occurred before or after the purchase or during delivery.
After being awarded the high bid, the buyer assumes sole financial and
legal responsibility for the merchandise, which includes, but is not limited
to, any and all claims, liabilities and causes of action related to the
merchandise, or its future use. Buyer understands that all sales are final
and that refunds and returns of merchandise will not be allowed under
any circumstances. (9) Charyn Auctions reserves the right to group one
or more lots into lots of any configuration. The auctioneer reserves the
right to reject any bid that is only fractionally above the preceding
bid. Charyn Auctions has the right to bid on any lot on behalf of the
company, or as a proxy for any other party. Absentee bidders/buyers understand
and accept the risks of bidding and purchasing merchandise without being
physically present at the auction and/or not having conducted a physical
inspection of merchandise pursuant to paragraphs five (5) and eight (8)
of the agreement. Absentee bidding/buying is defined by any bid/purchase
made via computer, fax machine and telephone, or by any person acting
on behalf of the absentee bidder/buyer. Absentee bidders/buyers release
Charyn Auctions and its merchandise consignors from any and all liability
and indemnifies them from any and all causes of action that directly or
indirectly relate to absentee bidding/buying. Furthermore, bidders/buyers
indemnify Charyn Auctions and merchandise consignors from any causes of
action due to the failure of absentee bidders/buyers to conduct an on
site inspection of the merchandise and to be physically present at the
auction and for any failure to comply with any provision of this agreement.
(10) Bidders/buyers agree the relationship between Charyn Auctions merchandise
consignors, and bidders/buyers is that of separate entities. Bidders/buyers
further agree that Charyn Auctions is acting strictly as the auctioneer
for the consignor and is held harmless and not liable for the actions,
representations, claims, liabilities, injuries and equipment title disputes
of consignors, bidders/buyers, and their respective companies, employees
and representatives. (11) All auctions are conducted pursuant to Section
2328 of the California Commercial Code and Section 535 of the California
Penal Code and provisions of the California Auctioneer and Auction Licensing
Act. This agreement shall be governed by and construed in accordance with
and by the laws of the State of California. Venue for all claims shall
be the Superior Court of the City and County of San Francisco. (12) In
the event that legal recourse is necessary to enforce the terms of this
agreement, the prevailing party shall be entitled to reimbursement of
court costs and reasonable attorney's fees. (13) If any provision of this
agreement is held to be invalid by a court of competent jurisdiction,
such invalidity shall not invalidate or render unenforceable the remaining
provisions of the agreement. (14) A waiver of any provision in this agreement
by Charyn Auctions shall not constitute a waiver of any other provisions
of this agreement. (15) Charyn Auctions reserves the right to refuse admittance
to any person and to expel any person from the auction premises for any
reason the company deems reasonable. (16) This agreement constitutes the
entire and sole agreement between the bidder/buyer and Charyn Auctions
and shall supersede all prior written, oral and contemporaneous oral representations.
This agreement may be modified only in writing, and must be duly signed
by the parties.
By way of submitting my absentee bid, I hereby acknowledge Charyn Auctions
terms and conditions and agree to be bound by them in order to submit
a absentee bid at this auction.
Sending your absentee bid:
If using an accepted credit card for your deposit:
Fill in the required information on this page, print and fax to 415.621.5182
before 9am the last business day before the auction date.
If using a wire transfer for your deposit:
Fill in the required information on this page, print and fax to 415.621.5182
before 9am the last business day before the auction date. Allow extra
time for the wire transfer because wire transactions can take up to 48
hours to clear both banks.
Wiring Instructions
If using a cashier's check or check with issuing bank guarantee:
Fill in the required information on this page, print and enclose it with
the check and guarantee letter when applicable, and mail or Fed Ex it
to Charyn Auctions.
Mailing
Address.
Items must arrive via US Post Office or Fed Ex by 9am the last business
day before the auction date.
Bids do not include any applicable buyer's premiums and sales taxes.
Please check the Auction Catalogue for the buyer's premium on this auction.
These items will be included on your invoice if your bid(s) are successful.
Submittal of absentee bid does not guarantee a successful bid. This absentee
bid is for live auction only.
Notification of successful bids will be made by the end of the day
following the auction.
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