Auction registrant hereby agrees to the following terms and condition of auction sale:
1. LIMITATIONS AND DISCLAIMERS:
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A. All property is sold “As is, Where is” and we make no guarantees, warranties or representations, expressed or implied, with respect to the property or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation. Prospective bidders should inspect the property before bidding (call or text 575.650.2508 to schedule a private showing) to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Mesilla Valley Estate Sales from and against any claim, demand, liability or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or breach of warranty. Buyer agrees not to join Mesilla Valley Estate Sales as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters.
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B. Neither Mesilla Valley Estate Sales or Seller, or any agent, employee or representative of Mesilla Valley Estate Sales or Seller has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot. In any event, Mesilla Valley Estate Sales acts solely as Seller’s agent, and Mesilla Valley Estate Sales assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer.
2. PAYMENT:
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A. Buyer agrees to pay within 72 hours of sale by United States currency, (unless written approval is obtained from Mesilla Valley Estate Sales) Acceptable methods of payment are Cashier's Check or Wire Transfer. Credit cards will not be accepted for this item.. If not paid for and taken away, the Bidder hereby authorizes Mesilla Valley Estate Sales to recover lost commissions due to them should Bidder default, and charge this amount to Bidder’s Credit Card on File or pursue other collection efforts.
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B. Should I default upon my purchase in any manner, for any reason, I agree to pay Mesilla Valley Estate Sales the full sum of the buyer’s premium 10%. This sum is due and payable without relief. I also agree to pay any court cost, attorney fees, storage, etc., incurred by the Seller or Mesilla Valley Estate Sales. This in no way releases Buyer from any and all financial responsibility regarding said purchase.
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C. A BUYER’S PREMIUM OF 10% LIVE OF FINAL BID IS PAYABLE BY THE BUYERS ON ALL LOTS. Bidder understands that they must pay the sum on any article purchased at this auction, and that this fee will be automatically included in the final settlement figure, and is payable without relief to Mesilla Valley Estate Sales.
3. PASSING OF TITLE:
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A. Upon the completion of the auction, title of the offered lot will pass to the highest Bidder, subject to the conditions set forth here, and such Bidder thereupon
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(a) assumes full risk and responsibility therefore and neither the Seller nor Mesilla Valley Estate Sales or its agents shall be responsible for the loss of, or any damage to any article due to the theft, fire, breakage or any cause whatsoever, however occasioned,
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(b) will sign a confirmation of purchase thereof, and
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(c) will thereupon pay the full purchase thereof. All property must be removed from our premises by the Purchaser at their expense within 5 business days (unless written approval is obtained from Mesilla Valley Estate Sales) and if it is not so removed, a handling charge will be incurred. PURCHASER HEREBY WAIVES ALL REQUIREMENTS OF NOTICE, ADVERTISEMENT AND DISPOSITION OF PROCEEDS REQUIRED BY LAW, AND RELEASES MESILLA VALLEY ESTATE SALES FROM ANY LIABILITIES WHATSOEVER IN CONNECTION WITH SUCH DISPOSAL.
4. REMEDIES:
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A.In the event that Buyer breaches these terms and conditions of sale or fails to consummate the sale for any reason, Seller and Mesilla Valley Estate Sales, in addition to and not in lieu of any rights available at law or in equity, may:
(1) compel specific performance and hold Buyer liable for the bid price,
(2) resell any Lot by public or private auction for Buyer’s account and risk, after fifteen (15) days’ written notice to Buyer at Buyer’s last known address, and hold Buyer liable for all damages, including the difference between the bid price and resale price, Mesilla Valley Estate Sales’ full commission on the bid price, all costs for resale (including commissions), and consequential damages;
(3) retain the Lot and hold Buyer liable for the difference between the bid price and the fair market value: or
(4) cancel the sale and retain all payments made by Buyer as liquidated damages and not as a penalty. All bidders will provide proper I.D. when picking up, and use of this site constitutes acknowledgement of these terms.
