Terms and Conditions of Online Auction

By placing a bid in this auction, you hereby confirm that you have read and agree to comply with the Auction Terms and Conditions, as stated in this document. If you have questions or need to make arrangements, the auction company may be reached at (877)318-0438 or auctions@buyheritage.com.

Online Bidder/Buyer's Contract: Your bid(s) placed on the Heritage Brokers & Auctioneers website are a contract and you are responsible for paying all amounts due for items purchased in this online auction. If you cannot pay for and remove the items during the pick-up times specified, then please DO NOT BID on any items in this auction.

Retention of Credit Card Information: By providing your credit card information, you authorize Heritage Brokers & Auctioneers to charge your credit card for the purchase amount of any successful bid (including Buyer's Premium), any associated taxes, shipping costs (if needed), and Handling Fees (if needed). You also agree and acknowledge that Heritage Brokers & Auctioneers will keep your credit card information on file so long as you maintain an account with Heritage Brokers & Auctioneers.

BY BIDDING, YOU HEREBY AUTHORIZE HERITAGE BROKERS & AUCTIONEERS TO CHARGE YOUR CREDIT CARD FOR ANY OF THE FEES LISTED ABOVE IF NEED BE.

Pick-Up Period & Location:
Saturday, March 25th, 2023 (Time TBD)
Pick-up location will be Kansas City, KS 66106 (exact location will be sent with invoice)
Pick-up instructions and sign up will be sent via email, upon completion of the auction.

All items MUST be removed on the Pick-up Period noted above. Any items purchased and not removed during the scheduled pick-up period (without prior arrangements made with the Auction Company) will be charged $20 disposal fee per lot to the winning bidder's credit card on file. Please do not bid if you are not able to pick up your items.

Bidder's Responsibility for Pickup:
- Bidder agrees to pay for all items prior to removing any items from the pick-up location.
- Schedule pickup appointment online.
- Show up during the scheduled time slot for pick up.
- Bring adequate supplies and manpower necessary for the unmounting, disassembly, removal and loading of purchased items.
- Remove off-site all items included in the purchased lot.

Shipping Instructions: Only applies if shipping is available. Buyer is responsible for all shipping and insurance costs associated with shipping the items they purchased in the auction. No shipping outside of the U.S. All items shipped are required to have (shipping insurance) at or above the purchase price paid by the buyer in the auction. Heritage Brokers & Auctioneers will assist in packaging and delivering the items to shipping service for an additional fee. Shipments shall be made ONLY to the billing address of the credit card on file, no exceptions. A paid invoice will be required before any items are shipped and all shipping arrangements must be requested immediately upon completion of the auction.

Sales Tax: 0% Sales Tax (estate sale). No sales tax is charged in an estate sale of one seller.

Buyer's Premium (15%): A buyer's premium of fifteen percent (15%) shall be added to the high bid price online, which will determine the final sales price for each auction lot.

Participation Requirements: Name, address, daytime phone number, email address and a Valid Credit Card are required for registration and bidding approval. All participants must be at least 18 years of age.

Payment Options: Visa, MasterCard, American Express or Discover.

Payment Instructions: ALL accounts will be settled at the conclusion of this auction. We will immediately charge the credit card you have on file with Heritage Brokers & Auctioneers/HiBid for your purchases, including buyer's premiums. *** A $25 service fee will be charged to any account whose credit card on file is declined requiring additional time and telephone contact to establish payment for merchandise. Please respond to the Auction Company immediately by phone or email, if you KNOW that you need to use an alternate credit card.

Payment Funds: All sales and bidding shall be in U.S. dollars only. Bidder is responsible for and agrees to pay all duties, custom, taxes, and any other fee associated with the purchase of any item.
Liability: Safety of operation of any electrical or otherwise powered devices or items sold is not warranted or guaranteed in any way. Auctioneer recommends all electrical or powered items sold be checked, installed or operated by a licensed electrician or other appropriate technician. Items sold could, or could not, meet current or other safety standards. Bidder assumes any and all liability for any installation or operation of any item purchased. Bidder agrees, in compliance with the Consumer Product Safety Improvement Act, to buy vintage items as collectibles for display purposes only. Bidder further agrees to assume all liability and responsibility, and to hold Seller and/or Auctioneer harmless in the event of injury, bodily harm, or death to anyone as a result of improper use of any item purchased at auction. Bidder agrees to indemnify, save, and hold harmless the Auctioneer and/ or Seller(s) from any and all accidents and/or injuries they may receive while attending the auction and/or during preview or pickup of auction items.

Disputes/ Arbitration: Auctioneer and Bidder hereby agree to submit any dispute between Auctioneer and Bidder, arising out of, or relating to, this agreement, to an arbitration panel of three (3) neutral persons selected by the Auctioneer. If Bidder disapproves of the panel, Bidder shall, within ten (10) days after receiving notice of selection of the panel, initiate arbitration before the American Arbitration Association (AAA), using its rules for commercial arbitrations, with the exception that all AAA fees shall be paid by Bidder. If Bidder fails to timely initiate arbitration through AAA, or to pay AAA fees and costs, Auctioneer may resume arbitration through a neutral arbitration panel selected by Auctioneer. The decision of arbitration will be final and binding on all parties.

This agreement shall be governed by, and construed in accordance with, the laws of the State of Missouri, and any action or proceeding arising hereunder shall be brought in the courts of the State of Missouri. The invalidation of one or more terms of this agreement shall not affect the validity of the remaining terms.
Technology Disclaimer: Heritage Brokers & Auctioneers (Auction Company) is providing an online (Internet) auction as a service to Bidder. Bidder acknowledges and understands that there is always a possibility that the technology service may or may not function correctly during the auction. Under no circumstances shall bidder have any kind of claim against the Seller, the Auction Company, it's Agents or Representatives in the event the Internet service fails to work correctly during the online auction. The Auction Company will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid may be acknowledged in the event of technology failure, should use the "maximum bid" feature and leave their maximum bid at least 24 hours before the auction closes. Auction Company reserves the right to withdraw or re-catalog items in this auction at any point prior to the end of the auction. The Auctioneer reserves the right, at Auctioneers sole discretion, to pause, cancel, and/or reopen the auction in case of system failures.

Special Terms of Sale:
1. ALL SALES ARE FINAL, and no sale shall be invalidated. YOUR BID IS A CONTRACT TO BUY should you be the winning bidder. You are responsible for paying for all purchases you are the winning bidder on. There are no returns or refunds, and credit card payments cannot be reversed.

2. All items are sold "AS IS, WHERE IS", with no warranty or guarantee, and without shipping, packing, and/or loading.

3. No Returns: All sales are final. There are no returns, refunds or adjustments on price.

4. Any Bidder who does not pay in full upon presentment of an auction invoice is subject, at the sole discretion of the Auctioneer or its consignor(s), to being barred from any future participation in auctions conducted by Auctioneer.

5. In the event "forced collections" are needed, the purchaser agrees to pay all reasonable attorney fees, court costs, and any other collection costs incurred by the Seller or Auction Company in the collection of funds. The purchaser also agrees that a fee of 18% per month be added to the balance of any unpaid balance due the auction company and any other costs or losses incurred by the purchaser's failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Platte County, Missouri.

6. The Seller and/or Auction Company reserves the right to refuse service to any person or entity.

7. All announcements made prior to the close of the Internet bidding take precedence over any and all written or verbal statements.

8. Heritage Brokers & Auctioneers attempts to describe the merchandise to the best of our abilities however we make no representations or guarantees. In no event shall Heritage Brokers & Auctioneers be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Heritage Brokers & Auctioneers will not be responsible for any errors or omissions in the description of the merchandise.

9. The Bidder agrees not to base a bid solely upon information provided by the Auctioneer, or its consignor(s). The Bidder assumes full responsibility to inspect and evaluate the property to Bidder's complete satisfaction prior to any bid or purchase. The Bidder agrees to make an independent judgment about the items, their value, descriptions, or other information about the items, and to bid accordingly.

10. Items in this auction are being offered and sold with "no minimum bid or reserve price".

11. Definitions-

Staggered Close: Bidding BEGINS to close at a certain time. ALL items do not close together at that stated time. Items will close in the order listed on the site, (unless affected by the Soft Close as explained below). Our Auction was set up this way intentionally so that bidders can have time to evaluate their overall progress in a sale as individual items close. Within a 30-minute window of the auction beginning to close the first lots, you may also click on the "Live Catalog" (which should be flashing on your screen) to view, in real time format, the lots that have current activity and are the next lots to close.

Soft Close: Additionally, if an item receives a bid within the last 3 minutes, then the close time will be extended 1 minutes from the time the bid is placed. The time will continue to be extended in 3-minute increments with each newly placed bid and the item will not close until the 3 minutes have elapsed with no additional bid activity. This eliminates "snipers" from an Internet Auction and encourages a fair and impartial platform for all bidders to participate. Please be certain that we have taken every precaution to set the site up in a transparent manner that allows for the fairest environment for both buyers and sellers.

Maximum Bid: The "Maximum Bid" feature allows bidders that want to install a maximum bid price they are willing to pay for a lot, without having to continually watch the auction. By placing a maximum bid into the online bidding program, the system will place bids on your behalf each time you are outbid on a lot, up to the maximum amount you are willing to pay. The only way your bid is increased each time is if another bidder places a bid of the next bid increment or if they place a maximum bid, then the system will bid against them up to the competing bid amount they entered. For example: if you place a maximum bid of ($300) and the current bid is only at ($50), and the bid increment is set at ($10 per/bid), then the system would put you in the lead with a bid of ($60). Example 2: If another bidder places a maximum bid of ($350), then the system will increase your bids up to the amount they no longer compete, awarding the other bidder the current high bid of ($310), which is the next bid increment above your maximum bid of $300.

12. By bidding on any item in this auction, the bidder is acknowledging and demonstrating their acceptance of the terms and conditions of the auction, as outlined in this document.

Antique Vintage and Modern Furniture and Home Decorations Sellers: The Estate of David & Ova Lee Ellifrits