By registering to bid or placing a bid you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person.
1. All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Ken Porter Auctions from any liability.
2. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Ken Porter Auctions may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Ken Porter Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
3. All Internet Bidders agree to pay a buyer’s premium equal to Fifteen Percent 15% of the Hammer price of each item they purchase, unless otherwise stated. If the hammer price of an item is $100.00 the buyer’s premium will be $20.00 for a total purchase price of $115.00 Please see our website Terms and Conditions for any additional fees.
4. Bidders who bid from off site and are not present at the live auction or preview understand and Acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Ken Porter Auctions shall endeavor to describe in detail each item and any pertinent information about it. Ken Porter Auctions will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Ken Porter Auctions. Bidder’s sole remedy in the event of an unintentional or material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Ken Porter Auctions agrees that the item was materially or unintentionally misrepresented Ken Porter Auctions will refund the Bidder’s purchase price to him/her. Bidder agrees that under no circumstances whatsoever will Ken Porter Auctions ever be liable to any bidder for an amount greater than the purchase price of the item they purchased.
5. Ken Porter Auctions is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Ken Porter Auctions or anyone else if the Internet service fails to work correctly before or during the live auction. Ken Porter Auctions will not be responsible for any missed bids from any source. Ken Porter Auctions reserves the right to withdraw or re-catalog items in this auction.
6. The auctioneer shall advance the bidding at his own discretion. Ken Porter Auctions may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. The record of the auction made by Ken Porter Auctions shall be conclusive.
7. When the auctioneer says “sold” Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full by 5pm the next Business day following auction. Payment shall be made in cash or Cashiers check or by VISA, MasterCard, or Discover. If a check accepted by Ken Porter Auctions is returned for any reason bidder agrees that the Ken Porter Auctions may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under California law. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Bidder agrees to indemnify the Ken Porter Auctions against any claim if sales tax is not collected on Bidder’s purchases. Bidder agrees to not stop payment on any check paid to Ken Porter Auctions. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card.
8. Packing and shipping costs are the Full responsibility of the buyer. Any merchandise not removed by bidder may be charged a storage fee of $25 per day, resold at the next auction or disposed of in any other way Ken Porter Auctions deems to be suitable.
9. Ken Porter Auctions may refuse a buyer’s number to anyone for any reason. Bidder agrees to provide any identification Ken Porter Auctions may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
10. We want you to be happy with your purchases. If you have questions about the merchandise the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for your patronage.