November Estate Auction

TERMS & CONDITIONS Effective: February 24, 2025 Welcome to Turner Auctions + Appraisals' ("Turner," "TAA," "our," "we," or "us") online service that provides auctions in diverse categories of personal property. These Terms and Conditions ("Terms") govern your use of our online auction platform and all related widgets, tools, applications, data, software, and other online services provided by TAA (the "Services"). These Terms, together with our Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and TAA in relation to your use of the Services. INTRODUCTION Acceptance of Terms and Conditions Please read these Terms, and our Privacy Policy, very carefully. If you do not agree to any of the provisions set out in those documents, you should not use any of the Services. By accessing or using the Services, registering an account, or by viewing, accessing, uploading, or downloading any information or content from or to the Services, you represent and warrant that you have read and understood the Terms and Privacy Policy and will abide by them. Changes to Terms and Conditions We reserve the right to change, alter, replace, or otherwise modify these Terms at any time. The date of the last modification is stated at the beginning of these Terms. It is your responsibility to check this link/page from time to time for updates. When we make any material updates to these Terms, we will note this fact on our website, www.turnerauctionsonline.com. You will have no obligation to continue using the Services following any such changes, but if you do not delete your account as described in these Terms, your continued use of the Services will constitute your acceptance of the revised Terms. Eligibility In order to participate in an auction on the Services, all bidders must: 1) create an account on the Services, 2) be 18 years of age or older, and 3) possess the legal capacity to enter into binding contracts and agreements. Turner, its affiliates, officers, employees, and/or subsidiaries and Sellers may participate in auctions on the Services for themselves or on behalf of a third party. TAA ACCOUNT Creating an Account Anyone who would like to make a bid in an auction ("Bidder") must create an account by registering at Turner Auctions' online platform (auctions.turnerauctionsonline.com) or one of the third-party bidding platforms on which TAA conducts its auctions. Each Bidder must provide his or her name, company (if applicable), mailing address, phone number, email address, and a valid credit card number prior to participating in an auction. By participating in an auction, you agree that all account information is correct and complete; and it is your sole responsibility to maintain account information that is current, complete, and accurate. Upon completion of an account, each Bidder will receive an Auction Registration Bidder Number to use when bidding in auctions on the Services. Account Usage You are solely responsible for maintaining the confidentiality and security of your Turner Auctions bidding platform login and account information. If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify TAA in writing immediately, and you should change your password at the earliest possible opportunity. In all cases you are responsible for all activity emanating from your account, whether or not you authorized such activity. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, or delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. Account Deletion On the Turner Auctions bidding platform, you may delete your account anytime using the "Edit" feature on the "My Profile" page or contacting info@turnerauctionsonline.com. Likewise, on third-party bidding platforms, you may delete your account as indicated on each platform. Deleting your account will cause personal information to be removed from the Services, and you will not be able to participate in any auction until you create a new account. TAA will respond to any appropriate requests to access, correct, update, or delete your account within a reasonable amount of time and as required by law. TAA may suspend your access to the Services and/or delete your account at any time at its sole discretion. AUCTION DETAILS Terms of an Auction TAA will conduct all auctions on the Services on behalf of the owner(s) of the property (Seller). TAA acts only as an auction broker and is not responsible for any acts, descriptions, or representations of any Seller. By bidding in an auction, a Bidder accepts all terms of the auction, including the amount bid, end time of the auction, and any other details listed on the auction page for a particular item or in these Terms. Please note that shipping costs are the responsibility of the winning Bidder. Item Descriptions, Photographs, and Estimates Each Seller or cataloger hired by TAA provides a description of the items that will be part of the TAA auction on the Services. While TAA strives to provide only accurate information about items on the Services, TAA undertakes no investigation of the information provided by the Seller or cataloger and makes no representation or warranty concerning its truth or completeness. TAA is not responsible for any inaccurate descriptions and will not provide refunds or reductions in price based on any claims or evidence that a description is incorrect, except as otherwise provided by these Terms. Bidders must rely solely on their own investigation and research of any items. All measurements of items are approximate. Photographs are provided solely for Bidders? convenience and do not create representations or warranties of any kind regarding the item in the auction. A range of estimates may be given for an item with either a low and/or high estimate. Estimates are simply opinions and should not be relied on as a prediction or guarantee of the actual selling price. By placing a bid on an item on the Services, you acknowledge that you understand these Terms and waive any and all claims against TAA and/or Seller relating to item photographs, descriptions, or estimates. Buyers Premium Fee A Buyers Premium fee ranging from 26-29%, depending on the auction platform, will be added to each item sold, based on the final bid amount for the item and prior to the assessment of any taxes. By placing a bid on an item, the Bidder agrees to pay the Buyer?s Premium fee in addition to the bid amount. Bidding in an Auction Once you have created an account on the Services and your registration has been approved and/or accepted by TAA or one of its third-party bidding platforms, you may place a bid as soon as a lot opens for bidding. TAA reserves the right to establish a reserve or minimum price on any item without having to post or publish notice to auction bidders. TAA conducts its online auctions in one of two ways: A live online auction, with bidding on multiple platforms handled live by TAA personnel. An online timed sale, on one or several platforms, with bids accepted automatically through each platform?s proprietary operational means. Please note that lots open and close at various times and days and may be extended at any time at the sole discretion of TAA and/or the Seller. You are solely responsible for monitoring the opening and/or closing time for each lot. All bids are final and constitute a binding contract to purchase the item that TAA is offering to sell on the Services for the amount you bid. By placing a bid on an item on the Services, you agree that you have examined the item information and the conditions placed upon this information in these Terms, or have voluntarily chosen not to do so, and will purchase the item if your bid is the highest or only bid. A Bidder is solely responsible for determining the condition, age, authenticity, value, provenance, attribution, or any other determinative factor of an item in an auction. By using the Services, you understand that hardware malfunctions, software malfunctions, viruses, and similar technological issues may occur at any time that are beyond the knowledge, scope, and control of Turner, and you agree that TAA is not responsible for any system malfunctions, Internet outages, or other issues that may prevent you from receiving notification emails or placing bids on the Services. TAA reserves the right to reject any bid and/or any Bidder at any time, without notice and for any reason, at its sole discretion. In the event that your bid is rejected, your credit card will not be charged. TAA has the right to bid on behalf of the Seller. Winning an Auction By submitting a bid in an auction on the Services, you understand that if your bid is the highest, you will win the auction. If you present the highest bid and TAA and/or Seller accept it, an invoice will be sent to the email address associated with your TAA account within 72 hours following the conclusion of the auction. The invoice will include payment information for the purchase price. If payment is not received within 72 hours of receipt of the invoice, you authorize TAA to charge the total amount due to the credit card on your TAA account. If the credit card associated with your TAA account is invalid or declined for any reason, you agree that you will submit a valid credit card to TAA within 24 hours of the failed transaction. If you do not submit a valid credit card to TAA within the required time, TAA reserves the right to: Revoke your bid. Cancel your account. Sell the item to another Bidder. Send your unpaid invoice amount to a collections service. Apply Liquidated Damages as explained below. Take any other measures deemed appropriate to enforce your agreement to purchase an item in an auction. TAA will not release or ship any item that a Bidder wins in an auction until it receives full and clear payment of the winning auction price. Declined credit cards may result in a Bidder being banned from participating in future auctions on the Services. Non-paying and/or fraudulent Bidder names may be shared with other auction companies. Taxes and Fees TAA will automatically apply the Buyers Premium Fee and sales tax to any purchase made on the Services. You are solely responsible for all other taxes and fees that may be assessed, including but not limited to: Wire transfer fees. Credit card charges. Shipping, handling, and packing fees. Insurance and storage fees. Collection of applicable taxes will be in accordance with the laws of the jurisdiction where the purchased property is located, except for sales and use tax. To receive the benefit of any tax exemption, you must supply TAA with a current California sales tax exemption certificate that is acceptable in form, scope, and substance prior to purchasing any items on the Services. Refunds ALL SALES ARE FINAL. No refunds will be issued for any reason once payment is received. Removal and Shipping Once the total purchase price and all applicable taxes and fees are paid to TAA for a purchased item, title will pass to the Bidder, and the Bidder assumes full responsibility for all purchased property and all risk of loss and damage. All property must be removed from Turner?s premises within seven business days after payment is made. The Bidder is solely responsible for securing a third-party shipper or agent to remove the property from the TAA premises. SHIPPING AND ASSOCIATED COSTS ARE THE RESPONSIBILITY OF THE SUCCESSFUL BIDDER. TAA does not pack, ship, store, or crate items for removal and is not responsible for any damage that may occur during shipping. Please refer to www.turnerauctionsonline.com for a list of possible third-party shippers, which the buyer may use or not at their sole discretion. TAA will only release purchased property to an agent who furnishes: Proof of full and clear payment. An "Agent Release Authorization" form, allowing TAA to release items to a third-party supplier for shipping, crating, or packing purposes. The Bidder will lose all right, title, and interest which they might otherwise have acquired for any property not removed by the seventh day after purchase ("Final Removal Date"). If TAA has paid the Seller for the property, the property will then be reclaimed by TAA and may be resold or disposed of in any manner deemed suitable. If the Seller has not yet been paid by TAA, the property may be reclaimed by the Seller and/or resold or disposed of as TAA deems appropriate. Failure to remove property according to these Terms may result in the Bidder being prohibited from participating, directly or indirectly, in any future sales. Liquidated Damages Failure to pay an invoice in full within 72 hours of receipt, in accordance with payment terms, will subject the Bidder to pay a sum equal to the lesser of: 20% of the invoice price of the item(s) on which the default has occurred, or The full amount of the difference between the original invoice price and the re-sold price, plus any expenses incurred to re-market or re-sell the items. The Bidder will receive an updated invoice with these new charges once assessed and will be responsible for paying all open invoices immediately. TAA reserves the right to send all unpaid invoices to a collections agency for payment retrieval. If a Bidder fails to remove purchased items by the Final Removal Date, they will be required to pay all expenses incurred by the Seller and/or TAA to store and transport the items until they are re-sold. TAA storage fees will not exceed $25.00 per day. If items are not removed by the Final Removal Date, the Bidder authorizes TAA to charge these damages to the credit card used for the purchase. Changes to Auctions At its sole discretion and without notification, TAA reserves the right to: Withdraw or sell any property contained in an auction prior to sale. Temporarily or permanently end an auction prior to or during the stated auction period. Extend a stated auction period without notification. If TAA is unable to deliver any property purchased by a Bidder, Turner?s sole liability will be to return all sums paid by the Bidder to TAA regarding that property. Disclaimer The services and all items purchased through the services are provided "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." While TAA uses reasonable efforts to correct any errors or omissions in the services as soon as practicable once brought to Turner?s attention, TAA makes no promises, guarantees, representations, or warranties of any kind, whether express or implied, regarding the services or any part thereof, any items available at auction, or any external services. TAA does not warrant that your use of the services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. TAA does not warrant that the services, content, or servers are free of viruses or other harmful components. TAA and its subsidiaries, affiliates, successors, and assigns, along with their employees, agents, directors, officers, and shareholders, specifically disclaim all warranties not expressly set out herein, including but not limited to implied warranties of non-infringement, merchantability, and fitness for a particular purpose. Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties, the above disclaimers shall not apply to the extent required by such laws. Limitation of Liability TAA and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and shareholders? liability to you is limited. To the maximum extent permitted by law, TAA shall not be liable for damages of any kind, including but not limited to special, incidental, or consequential damages, lost profits, or lost data, regardless of foreseeability, arising out of your use of the services. This limitation applies regardless of the cause of action, whether breach of contract, tort, or any other legal theory. TAA shall not be liable for: Loss or damage arising from: Your use of the services, including purchasing, removing, or owning any item listed on the services. Your inability to access or use the services or content. Changes made by TAA to the services, including suspensions or cessations of access. Actions taken against you by third parties for alleged infringement of rights related to your content or use of the services. Errors or omissions in the services' operation or any defects in purchased items. Your failure to provide accurate information or protect your account. Any loss or damage to computer hardware or software, or loss of data due to security breaches. Any loss of profits or indirect losses not foreseeable at the time you agreed to these terms. Any claim or cause of action arising out of your use of the services must be reported to TAA as soon as possible. Indemnification You agree to indemnify, defend, and hold harmless TAA, its successors, affiliates, agents, directors, officers, employees, and shareholders from any and all claims, damages, losses, and expenses, including attorney fees, resulting from: Your violation of these Terms. Actions regarding purchased items, including injuries to persons or property. Any activity related to your account, whether by you or someone else accessing it with or without your consent. Prohibited Uses You are granted a limited, personal, non-exclusive, revocable, non-transferable right to use the services to view auctions, place bids, purchase items, and communicate with TAA. This is conditional on strict compliance with these terms, including: No altering or removing trademarks or legal notices. No criminal or civil violations. No impersonation or misrepresentation. No disruption of computer networks. No copying, modifying, distributing, or selling information from the services. TAA may terminate your account or take legal action if you breach any of these conditions. Miscellaneous Terms Export Law Compliance Bidders must comply with all state and federal export control laws. TAA is not the exporter of any purchased item. It is solely the Bidder's responsibility to follow applicable laws regarding the shipping and receipt of items. Prohibition on Collusion Bidders may not engage in collusion or deceptive bidding practices. TAA reserves the right to delete any account for suspected collusion or illegal activity. Third-Party Websites TAA is not responsible for the content or operation of any third-party websites linked through the services. Use these at your own risk. Assignment to Third Parties TAA may assign its rights and obligations under this agreement without notice. You may not assign your rights without TAA's prior written consent. Severability If any part of these terms is found unlawful or unenforceable, the remaining provisions will remain in full effect. Entire Agreement These terms, along with the Privacy Policy, form the entire agreement between you and TAA. Applicable Law and Jurisdiction These terms are governed by the laws of the United States and the State of California. Disputes Disputes will be resolved through arbitration in San Francisco, California, in accordance with JAMS rules. Disclosures Turner Auctions + Appraisals LLC offers these services. Contact info@turnerauctionsonline.com for more information. Acknowledgement By using the services or accessing the site, you acknowledge you have read these terms and agree to be bound by them. Autopay If you have not contacted Turner Auctions + Appraisals to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.