[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

The Fine Print Of The Monahans Auction

If you are going to participate on the Monahans auction, I would
encourage you to read the fine print of the auction Terms and Conditions.  
I've attached some of the relevant text below, the full text of the Terms and 
Condictions are available here:

     http://www.naturalhistoryauction.com/conditions.html

Ron Baalke
--------------------------------------------------------------------------

     TERMS AND CONDITIONS

     This Statement, as amended by any posted notices during the sale,
     together with the Purchaser's Registration Notice, is that of
     NaturalHistoryAuction.com, a New York Corporation, and the
     Consignor's entire agreement with the Purchaser relative to the
     auction of the Monahans (1998), Texas meteorite.

     The following conditions of sale are the only terms and conditions
     by which the Monahans (1998), Texas meteorite (hereinafter
     referred to as the "Meteorite") is offered for sale. The Meteorite
     will be offered by us as the agent for the Consignor. By bidding
     at auction, whether by email, telephone, fax or other means, the
     Buyer agrees to be bound by these Conditions of Sale:

     1. The Meteorite is being sold "as is" irrespective of all faults,
     errors of description and without recourse and neither we, nor the
     Consignor, make any warranties or representations with respect to
     the sale of the Meteorite including, but not limited to, the
     correctness of any description of the origin, physical condition,
     size, quality, rarity, attribution or historical relevance of the
     Meteorite and no statement anywhere, whether oral or written,
     shall be deemed such a warranty or representation. All sizes
     listed are approximate. We and the Consignor disclaim any and all
     warranties, expressed or implied, including, but not limited to,
     the implied warranty of merchantability or fitness for any
     particular purpose. No warranties are made that the meteorite
     complies with any applicable governmental rules, regulations or
     ordinances of any kind or nature whatsoever. Neither
     NaturalHistoryAuction.com, as agent, nor the Consignor is
     responsible for any faults or defects in the Meteorite.

     3. We reserve the right to withdraw the Meteorite before the sale.

     5. We reserve the right to reject any bid. The highest bidder,
     acknowledged by the auctioneer upon the closing of the auction,
     will be the purchaser. In the event of a dispute between bidders
     or in the event of doubt on our part as to the validity of any
     bid, the auctioneer will have the final discretion whether to
     determine the successful bidder or to re-offer and resell the
     Meteorite. If any dispute arises after the sale, our sale records
     are final. Although in our discretion, we will execute other order
     bids or accept telephone bids as a convenience to clients who are
     unable to directly participate during the designated time period
     of the auction, we are not responsible for any errors or omissions
     in connection therewith.

     6. If the auctioneer decides that any opening bid is below the
     value of the article offered, he or she may reject the same and
     withdraw the article from sale, and if having acknowledged on
     receipt of the opening bid, he or she decides that any advance
     thereafter is insufficient, he or she may reject the advance.

     7. Upon the closing of the auction at 12:00 midnight EDT that
     falls between Sunday, 26 July 1998 and Monday, 27 July 1998 and
     notice of same posted on the auction web site, title to the
     Meteorite will pass to the last highest bidder acknowledged by the
     auctioneer, subject to fulfillment by such bidder, of all the
     conditions set forth herein and such bidder thereupon a) assumes
     full risk and responsibility thereof, but not limited to,
     insurance, fire, theft, removal and storage or damage from any or
     all causes, and b) will pay the full purchase price. 
     
     8. The Consignor has placed a reserve amount of $20,000.00 in
     United States Dollars which is the minimum price below which the
     Meteorite will not be sold. We may implement such reserves, by
     bidding on behalf of the Consignor. Where the Consignor is
     indebted to us to or has a monetary guarantee from us and, in
     certain other instances where we or our affiliated companies may
     have an interest in the Meteorite being offered for sale and the
     proceeds, we may therefore bid to protect such interests.
     NaturalHistoryAuction.com shall act to protect the reserve by
     bidding through the auctioneer. The auctioneer will open bidding
     for the Meteorite at the reserve amount by placing a bid on behalf
     of the Seller or another entity if any such entity has submitted
     an opening bid equal to the reserve amount prior to the auction.
     The auctioneer may continue to bid on behalf of the Seller up to
     the amount of the reserve either by placing consecutive bids or by
     placing bids in response to other bidders.

     9. Unless exempted by law, the Purchaser will be required to pay
     New York State and local sales tax or any applicable compensating
     use tax of another state on the total purchase price. The total of
     such combined tax in Ithaca, New York is 8.25%. Deliveries outside
     the state may be subject to the compensating use tax of another
     state. Where duty or collection is imposed on
     NaturalHistoryAuction.com by law, it will require payment of these
     taxes.

     11. We are not responsible for the act or omissions of carriers or
     packers of the Meteorite whether or not recommended by us. Packing
     and handling of the Meteorite by us is at the entire risk of the
     Purchaser. In no event will our liability to Purchaser exceed the
     purchase price actually paid.

     12. For purposes of this auction, NaturalHistoryAuction.com acts
     as agent only and any default by either Consignor or Purchaser is
     their sole responsibility. Should a default occur,
     NaturalHistoryAuction.com shall be held harmless.

     14. Statements made in any venue, whether verbally or in writing,
     by the employees, agents and/or assigns of
     NaturalHistoryAuction.com are statements of opinion only and are
     not to be construed as representations or warranties of either
     fact or opinion.

----------
List Archives are located at http://www.meteoritecentral.com/list_best.html
For other help, FAQ's and subscription info and other resources,
visit  http://www.meteoritecentral.com/mailing_list.html
----------