I. GENERAL:
This is an ONLINE-ONLY auction. There will be no in-person inspection. Please inspect all photos thoroughly before bidding. Although conditions may be noted in descriptions, the description is not comprehensive and not a full condition report. Your bidding will signify that you have viewed the photos and read the description, which is based on opinion only, and accept each item as-is with no warranty or implied condition.
II. LOT PROPERTY CONDITION & LIMITATION OF GUARANTEE:
No attributions to any artist, date, art work, art reproduction, or art representation are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and all of the property is sold "as is". Bidders should be aware that antique, vintage, and collectible items may show signs of wear, age, restoration, or repair, which may not be explicitly mentioned in the listing.
By participating in the auction, bidders acknowledge and accept the inherent risks associated with purchasing second-hand items and agree to hold the auction house harmless against any claims, losses, or damages arising from the condition or use of the purchased items. No warranty on items or guarantee of age, condition, materials, and features of items being sold. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leaves uncertainty in your mind, we recommend you not bid on the item in question.
III. LOT PROPERTY DESCRIPTION:
Essentia Endeavors, Ltd. makes every attempt to carefully describe the merchandise sold in each lot but makes no representation as to complete accuracy. Additionally, the perception of an item's condition may vary among individuals. Essentia Endeavors, Ltd. does not guarantee any appraisal, provenance, dating, grading or certification, except as or if such information is included in the lot description. Your bidding will signify that you have viewed the photos and read the description, which are based on opinion only, and accept each item as-is with no warranty or implied condition.
Essentia Endeavors acknowledges that there may be errors in the listings. All weights and measurements are approximate. We do our best to list any damage, repairs or restorations, and the absence of these descriptions or conditions must not be taken to imply that the lot is in perfect condition. Most of the items we sell are antique, vintage, or used. All items are sold as-is, where-is.
IV. LOT WITHDRAWL
Essentia Endeavors, Ltd reserves the right to withdraw any lot at the time prior to the commencement of bidding for such lot and shall have no liability whatsoever for such withdrawal.
V. CLAIMS
After a Lot has been paid for and removed from the Auction Site by YOU, or on YOUR behalf, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation.
Bidder acknowledges and understands that this online service may or may not function correctly during the auction period. Under no circumstances shall Bidder have a claim of any kind against Essentia Endeavors, Ltd. if the internet service or other technology fails to work correctly before or during the auction event.
VI. INDEMNIFICATION
YOU agree to indemnify and hold Essentia Endeavors, Ltd. harmless from any current or future claim regarding the Auction, the lot or the Property, including, without being limited to, fitness, use, description, damage, safety, or injuries to persons or property.
VII. PURCHASER’S RESPONSIBILITY
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, taxes and any related shipping charges. Buyer acknowledges and agrees not to retract their purchase offer. The purchaser is responsible for on-time payment of the full price.
BUYER'S PREMIUM A Buyer's premium of 20% will be applied to the purchase price of all items offered at auction.
SALES TAX Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer’s Premium. Sales Tax is calculated based on the item pick-up location in Denver, CO. A valid Colorado Sales Tax license must be submitted to Essentia Endeavors, Ltd and held on file for tax exemption.
PAYMENT All payments are due within 3 business days from the sale date. Payment may be made by credit card, with a 3% processing fee added. ESSENTIA ENDEAVORS reserves the right to require bank checks or wire transfer for purchases over USD$1,000.
FAILURE TO PAY We reserve the right to charge the credit card you used to register for the auction for the amount of your invoice.
VIII. LOT REMOVAL
YOU are responsible for the pick-up and removal of Lot(s) purchased by YOU. Pick-up location and removal dates and times will be as posted on Auctioneer's website or otherwise announced by Auctioneer. Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of the Auctioneer and Seller(s).
LOCAL PICK-UP Local pickup is free of charge.
SHIPPING Essentia Endeavors, Ltd. provides in-house shipping services. Buyers are also welcome to use their own way of shipping.
LIABILITY Buyer agrees that packing and shipping done by Essentia Endeavors, Ltd. is at the Buyer's risk and that the Buyer will pay in advance all packing expenses, materials, carrier fees and insurance charges. At ESSENTIA ENDEAVORS's discretion, items will either be packed by an agent (such as a packaging store) or by ESSENTIA ENDEAVORS, Ltd.
FAILURE TO PICK UP Failure to pick up your items or make shipping arrangements within three (3) business days of auction closing may result in storage fees being assessed for each week your item(s) remain in our building. Storage fees are $100-$150 (varies by the size of items) per week or 25% of your auction invoice whichever is greater. Storage fees must be paid in full to receive your items.
IX. GOVERNING LAW; JURISDICTION:
Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Denver County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Essentia Endeavors, Ltd. and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration chosen by Essentia Endeavors, Ltd.
X. SEVERABILITY:
If any provision of this Agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law.
XI. ATTORNEY’S FEES:
YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.
XII. PRIVACY
When you bid on an ESSENTIA ENDEAVORS, Ltd. auction item, we assume that you may be interested in future sales and automatically add you to our database. We never share your email with third parties. If you decide that you do not want to receive email notices from ESSENTIA ENDEAVORS regarding current and future auctions, please send an unsubscribe email to unsubscribe@essentiaendeavors.com and we will remove you from our list.
XIII. ACCEPTANCE OF BIDDER TERMS AND CONDITIONS
All property is sold "AS IS, WHERE IS" without any warranty or guarantee of any kind, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES, or REFUSALS. By being the highest bidder on an item, you are the buyer and are bound by the terms and conditions of this sale.
YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Bidder Terms and Conditions, and that you have read these Bidder Terms and Conditions, you understand these Bidder Terms and Conditions, and you accept and agree to be bound by these Bidder Terms and Conditions.
