Lot # : 89 - 1624 Vintage Accent Chair

TERMS & CONDITIONS: Auctioneer Marks & Marks Auctions Type Online-Only Auction. Date(s) 10/3/2024 - 10/12/2024 Auction Date/Time Info 10/3/2024 10/12/2024 Preview Date/Time By appointment only. Wilmer 10/11/24 9am-10am Dallas, 10/11/24 3pm-4pm Checkout Date/Time 10/12/2024 closing at 7pm. Location Pick up TBD at check out or Invoice Pickup Date 10/13/2024 Wilmer 8am-11 am by appointment only via text 214.624.8445 Dallas: 3pm-5pm by appointment only.via text 214.624.8445 Buyer Premium Buyers' Premium 20% Description Furniture, Vintage, Antiques, Lennox Santa Collection and MORE ALL SALES ARE FINAL, NO RETURNS, EXCHANGED OR REFUND. I LOCAL DELIVERY WITHIN 30 MILES IN THE DFW AREA, SHIPPING AVAILABLE in some lots. LANGUAGES English, Spanish (se habla español) and American Sign Language. (ASL) AGREEMENT BETWEEN BIDDER AND ACUTIONEER AKA TERMS AND CONDITIONS PLEASE READ CAREFULLY AND COMPLETELY AS ALL AUCTIONS ARE DIFFERENT. 1. REGISTRATION 2. AUCTION 3. BIDDING 4. BID INCREMENTS 5. AUTHENTICITY 6. PAYMENT 7. LOCAL PICK UP, LOCAL DELIVERY, OR SHIPPING 8. BUYER'S PREIMIUM 9. REMOVAL 10. TEXAS SALES TAX 11. FALSE BIDS: 12. BUYER'S RESPONSIBILITY 13. DEFAULT 14. DISPOSAL OF UNCLAIMED ITEMS 15. SUSPENSION OF BIDDING PRIVILEGES 16. INTERNET PROBLEMS 17. MISSING ITEMS 18. CHANGES 19. AUCTIONFLEX 20. GOVERNING LAW 21. ENTIRE AGREEMENT: These are the Terms and Condition of Sale for this Online Auction. They consist of this introduction and twenty numbered paragraphs that outline the relationship between you ("the Bidder") and Marks & Marks Auctions (Auctioneer). Note, the bidder becomes a "high bidder" or "buyer" when they have the winning bid on a lot in the auction. If you are interested to bid in this online auction, you will have to certify that you have carefully read, understood and agreed to these "Terms and Conditions". Such certification will function as your legal and binding signature. If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale. 1. Registration a. Do NOT wait until the last minute to register to bid in this auction. Bidder approval may take some time. All bidders are required to give their complete legal name, address, company name, contact information (phone, fax, email) when registering for this auction. A credit card is required to be on file when registering for this auction. 2. Auction a. Marks & Marks Auctions, owners, employees and consignors reserve the right to bid on any items in auction. The auctioneer shall not be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals. 3. Bidding: a. A bid by any person shall be conclusive proof that the person has made themselves acquainted with these conditions of sale and has agreed to be bound by them. b. It is Bidder's Duty to inspect and investigate: i. You Acknowledge that the Auctioneer strongly encourages you to attend the scheduled inspection if available for this auction, which will take place on the date listed above. ii. If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid according and wisely. iii. We want every bidder to get a good deal and most will. When you bid on the wrong item or decide an item is not suited for you intended use, our sellers will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, no for any claim against the Auctioneer. iv. "As-Is" 1. Caveat Emptor (Buyer Beware) all items sold "as-is" 2. All items in the auction are being sold, "as is, where is" without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER, expressly disclaim and exclude the implied warranties of merchantability and fitness for a particular purpose and the Buyer expressly waives any claim in respect to any possible future use of any item purchased for any purpose whatsoever. 3. Any statement in the description regarding the items to be sold should be considered limited guide only. 4. Any error in the description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are absolutely NO REFUNDS OR RETURNS. All Sales are FINAL. v. Marks & Marks Auctions reserves sole and exclusive right to allow access to auction bidding platform approval and may refuse service to anyone at any time for any reason and without notification. 4. Bid Increments: a. Your bid must adhere to the bid increment schedule shown in this auction 5. Authenticity a. Though all descriptions are believed to be correct, neither Marks & Marks Auctions nor any consignors make any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, and condition. 6. Payment a. Currency: United States Dollars b. Premium: 20% (Twenty Percent) Premiums will be applied plus state sales tax. ****VETERANS***** , we want to thank you for serving our country, and Marks & Marks Auctions will waived your 20% Premium. Must present your veteran ID card upon, Veteran Advantage, or proof of service when you. pick up items or email us a copy to Marksauctions1@aol.com. Invoice Bidder's Name must match Veteran Card. c. CREDIT CARD ACCEPTED; Via Paypal only. d. CASH: CASH is accepted; please bring the exact change as there will be no change available. e. Wire Transfers: This service is available for invoices over $ 2,000. A convenience fee of $15.00 is charged to bidder and must be paid. f. No checks are accepted. 7. Local Pick up, Local Delivery, a. Local Pick up: i. Please bring proper identification and your paid receipt with you to pickup your purchases. If you are choosing a representative to pick up your purchases, you must notify us via text or email prior to pick up with an Authorization letter presented at time of pickup. ii. Local Pick-up 1. Time: By appointment only by texting at 214.624.8445 or Email at MarksAuctions1@aol.com iii. Pick up Address will be printed in the invoice. iv. Please Email to: MarksAuctions1@aol.com to schedule the pickup appointment. Please select time that is convenient for you with your invoice Number, Name and will be confirmed to you through text and/or email. v. ***MUST BRING HELP *** 1. AS NO LOADERS ONSITE. DISASSEMBLY AND REMOVAL is NOT PROVIDED BY MARKS & MARKS AUCTIONS vi. Packing Material: Please bring your own packing materials such as boxes, tapes, paper etc. vii. Late Pickup: 1. All items MUST be picked on the specified Pickup Dates as listed on each auction.. If within five (5) days from the invoice date, items are not picked up, they will be donated or possibly resold. So, therefore, all sales are final, no refunds or exchanged, and may have all bidding privileges revoked from Hibid.com. NO EXECEPTIONS viii. Bidder shall inspect all items purchased as listed in the invoice and must sign a Pickup Form that all items has been delivered to Bidder. After you leave the premises, the Auctioneer is not liable for any loss for missing items. . b. Local Delivery: a. Fees: Email for a quote. i. Local Delivery within 30 miles from zip code 75228. . Please request for an exact quote. b. This service is door to door service. We will not deliver inside your residence or business, as it will be left in your driveway or front door. You must be present to sign the delivery ticket. If you or your authorized agent is not present at the site, your items will be return to our location and the delivery fee hereby stated above; is not refunded or return. c. Orders to be Local Delivery will be handled the following week after the auction closing with a confirmed schedule to deliver your items. c. Shipping: a. Buyers must make their own shipping arrangements by paying shipping, packing, and handling fees. For larger orders, it can be shipped via a Freight Line Carrier. b. The Auction house will email you with measurements, number of boxes, and weight of each box so you may select your own carrier. Buyers must furnish a prepaid shipping label or bill of lading to our email address: MarksAuctions1@aol.com. c. Shipping only at buyer's expense. i. Handling Fee of $ 20.00 will be charged ii. Pallets, packing, and packing material will be extra buyers expense. d. No shipping for outside the United States, but it can be shipped withing the United States so you can make arrangement to be shipped out of the country through a friend or a broker company. i. Orders to be Shipped will be handled the following week with paid orders receiving first priority, and shipping expenses as mentioned hereby above in Section c. in this paragraph. No items will be shipped until payment is made in full via PAPYPAL. e. If an item is shipped, the bidder assumes all risks in shipping and agrees to handle all insurance through your carrier that bidder has selected. f. Marks & Marks Auctions bears no liability for lost, stolen, breakage, spoilage, or damaged that may occur in the shipping process.. A photo will be taken before we close each box. Also, not responsible for service delays due to labor force, strikes or any act of God, that has incorrect postage, and shipping information. 8. Buyer Premium a. A fifteen percent (20%) Buyers' premium will be charged on all invoices with no discount given for CASH payments. b. ****VETERANS***** , we want to thank you for serving our country, and Marks & Marks Auctions will waived your 20% Premium. Must present your veteran id card, or Veteran Advantage or proof of service upon pick up items or email us a copy of your proof of service to Marksauctions1@aol.com. Invoice Bidder's Name must match Veteran Card. 9. Removal a. Please see Paragraph 6(a); Local Pick Up hereby mentioned above. 10. Texas Sales Tax: a. Texas Sales Tax will be charged unless the buyer has provided a signed Sales Tax Certificate or Exemption Certificate for this auction. Prospective buyers must email their signed resale form prior to the end of the auction to MarksAuctions1@aol.com. We must do a verification that your sales tax certificate or exemption is current and correspond according to the NAICS Code. b. NOTE: Texas law requires the sales tax to be collected on the total price includes the buyer's premium and shipping costs. 11. False Bids: a. Any high bidder that fails to complete a transaction will be held responsible for all damages resulting from that auction. High Bidder understand and agrees that they will be personally responsible for all deficiencies - and all legal, attorney's fees, court costs, collection, transportation, and storage expenses- associated with the account and/or abandoned items 12. Buyer's Responsibility: a. Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys' fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction. 13. Default: a. You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still fail to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to proceed with all legal action and Bidder is liable for all legal, attorney's fees, court costs, collection and storage fee. After (5( days, this invoice has not been paid, it is agreed that Bidder has acknowledge to be considered abandon the items and surrendered to the Auction House to disose of as we see fit. 14. Disposal of Unclaimed Items: a. Please see Paragraph 12(a) Default. 15. Suspension of Bidding Privileges. a. Bidder understand and agree that any violation of these Terms and Conditions - and/or any unsafe or illegal activity during any auction-related event - may result in the Auctioneer's suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity. 16. Internet Problems: a. Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. b. Auction lots will not be re-sold or brought back up for bidding because of internet problems. c. If you have issues with placing bids, please contact HiBid.com directly. 17. Missing Items: a. In the event that an item sold in the auction is found missing prior to removal, the Auctioneer/Seller will only be responsible for the refund of the purchase price, buyer's premium and any sales tax paid. b. Buyer agrees that the only compensation due them will be the refund of actual money paid. c. Buyer must get an acknowledgement from auction staff on site that something is missing prior to the start of loading for a refund to be considered. d. Bidder shall inspect all items purchased as listed in the invoice and must sign a Pickup Form that all items has been delivered to Bidder. e. After you leave the premises, Auctioneer is not liable for any loss for any missing items. 18. Changes a. Seller and Auctioneer reserve the right to remove items from the auction, add items to the auction and make changes to these terms & conditions at any time prior to the close of the auction with notice of any change being posted on the online auction catalog. 19. Auctionflex: a. AuctionFlex, an auction provider, sets up each user on this website and collects all user information. b. AuctionFlex does provide Marks & Marks Auctions with user's name and contact information. 20. Governing Law: a. The laws of the state of Texas govern this agreement. b. Any and all lawsuits must be filed in Dallas County courts and the Northern District of Texas. c. Indemnification Buyer shall indemnify Marks & Marks Auctions and its affiliates against any claims, damages, or liability (including reasonable attorney's fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. d. Buyer agrees to indemnify Marks & Marks Auctions for any damages or losses. e. Buyer will not hold Marks & Marks Auctions, its owners or its employees, liable for accidents, injury, theft, or incidents related to this purchase. 21. ENTIRE AGREEMENT a. These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreement relating to the same subject matter. b. If you have any questions. Please contact Auctioneer either two options i. Text to 214.624.8445 ii. Email to MarksAuctions1@aol.com WE ARE VERY GRATEFUL FOR YOUR CONTINUED BUSINESS AND SUPPORT! Thank you!!! .