Aether shall not be liable for any incidental or consequential damages. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. If these experts determine that the item is not genuine, the buyer's sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. Aether makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after bidder's receipt of the purchased lot. In no case will the reserve be higher than the low presale estimate.Ħ) WARRANTIES AND DISCLAIMERS. In the case of reserved lots, the seller has authorized Aether to bid on seller's behalf until the reserve price is reached. A reserve is a confidential minimum price agreed upon by the seller of the lot and Aether. Aether retains the right to change estimates on any lot up to time of sale. Presale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. The Auctioneer will collect and retain from the Buyer, as additional commission, a premium of the Sale Price of each lot.ĥ) ESTIMATES AND RESERVES. The highest bidder for each lot acknowledged by the auctioneer shall be the "buyer." If any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the successful bidder will be determined or the disputed lot shall be put up again at the last undisputed bid and resold.Ĥ) BUYER'S PREMIUM. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. Announcements made the day of auction take precedence over any previous communication. All bidders submit to the personal jurisdiction of the state and federal courts in Indiana.ģ) TERMS OF SALE. The rights and obligations of the parties shall be governed by the laws of the state of Indiana. Any right of bidder under this agreement shall not be assignable and shall only be enforceable by the original buyer. Bidding on any item, whether in person, by phone, by absentee bid or via a live internet auction indicates the bidder's agreement to be bound by these Terms and Conditions for Bidders. Boxes), and telephone number prior to the auction.Ģ) ACCEPTANCE OF TERMS. All bidders must register their name, permanent street address (no P.O. Aether retains the right to bar any bidder from participating in any auction and to exclude or reject any bid.ġ) REGISTRATION. These are the complete and only terms and conditions on which all property is offered for sale. ("Aether"), bidders (whether present in person, by telephone, by agent, by written or telephone absentee bid instruction, or through a live internet connection) agree to be bound by these terms. By registering and bidding in an auction conducted by Aether Auctions.
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