Auction Terms & Conditions Auction Terms & Conditions AUCTION TERMS AND CONDITIONS AGREEMENT: CONDITIONS OF SALE All sales are final and all property is sold "As is, Where is." It is the Bidder's/Purchaser's responsibility to determine condition and usefulness of the items purchased. We attempt to describe all items with any known defects and many times we rely on information from the consignor. If you have questions or are not sure about the condition of an item in our auction, please do not hesitate to send us an email and we will respond as quickly as possible. If so some reason we are unable to respond, you should bid accordingly, as there are no refunds. BUYERS PREMIUM: All invoices shall include Buyer's Premium at twenty-two percent (22%) calculated from the customer's total winning bid amount; winning bid plus 22%. The Buyer's Premium shall apply to all credit card, debit card, bank wire and cash transactions, as well as PayPal or Global Payments invoices sent by email to customer for payment. Cash transaction are only allowed for motor vehicles, with a $1,000.00 minimum non-refundable deposit payment VIA credit card at the end of the auction, with the balance in cash or bank wire transaction. Items noted as "wire transfer only" shall include a nonrefundable deposit on the credit card on file of ten (10) percent (%) of winning bid plus Buyers premium with the balance paid VIA bank wire. Bank wire information will be available to winning bidders for invoices/items requiring payment VIA bank wire only. Wire transfers are required within 48 hours after the close of the auction. BIDDING: A bid by any person shall be conclusive proof that the person is acquainted and hereby agrees to be bound by the terms and conditions contained herein. Any attempt to commit fraudulent purchases with stolen credit cards or to dispute a valid transaction will be prosecuted to the fullest extent of the law. WPF Auctions reserves the right to refuse bidders or bids based on a low or negative HIBID score and or past experience with the bidder. Moreover, if WPF Auctions is unable to verify some or all of the bidders information said bidder shall be declined from bidding. In addition, WPF Auctions reserves the right to refuse or cancel any bids at any time. WPF may designate certain lots as Select Lots and will require pre-registration authorization (in addition to the HiBid registration) to bid. The pre-registration application must be received by WPF at least 2 business days prior to the auction. WPF's decision whether to accept any application is final. We cannot obtain financial references over weekends or public holidays. PAYMENT: Please note that the credit card that you place on file is the credit card that will be billed and the address you provide is the shipping address where your items will be shipped to, if shipping is requested. The auction software uses a credit card verification system that validates credit cards and matching addresses, so ship to addresses cannot be changed. ALL CREDIT CARDS ON FILE ARE AUTOMATICALLY PROCESSED IMMEDIATELY AFTER THE AUCTION CLOSES. WPF Auctions accepts VISA, Master Card & Discover and Bank Wire Transfer only. We do not accept cash, checks or cashier checks; however, certain lots will require cash and or Bank Wire for "Special/Select Lots (Sterling, Gold, Diamonds, Designer Watches, etc.)" or vehicle purchases. ALL INVOICES MUST BE PAID IMMEDIATELY FOLLOWING THE CLOSE OF THE AUCTION. We reserve the right to delete any winning bids if credit card on file is not valid, unable to be charged for purchases, or any information on file is not correct or verifiable, your bidding permission may be revoked and/or any winning bids may be offered up to the back-up bidders. Phone number on file must be valid and available for contact 7 days a week, 24 hours a day. If you are using a phone not available for contact during our auction and we cannot reach you, your bidding permission may be revoked and/or any winning bids may be offered up to the back-up bidders. Please verify all information on your HIBID profile is correct. SALES TAX RESALE EXEMPTIONS: All Texas resale certificates must be signed and received VIA email prior to auction end. If a Texas resale certificate is submitted after the end of the auction, WPF Auctions will be charged a four (4) percent credit card transaction fee in regard to sales tax charged and refunded after submission of a Texas Resale Form after the end of the auction. Moreover, said four (4) percent shall be paid by bidder if a sales tax exempt form is submitted after the end of the auction. Please be sure to get the signed Texas Resale Exemption form to us, prior to bidding. SHIPPING: The UPS Store Preston Road 7324 Gaston Ave Ste 124 Dallas, TX 75214 (214) 827-5200 email: upsstore0756@gmail.com Large Item Movers: Steinsholt Moving Services 346-402-6427 NOTE: The UPS Store have their own terms and conditions regarding their services. Please verify this with them directly. There is a $15 pickup fee plus packing and shipping costs. All questions and quotes should go through The UPS Store. **IF you elect and ask for shipping and do not pay for shipping costs/fees/postage, you will be banned from any further bidding with WPF Auctions. **WPF Estates and Auctions do not handle or arrange shipping of any kind or liability. We are not responsible for accidents, late delivery or lost packages. SELECT LOTS: WPF may designate certain lots as Select Lots and will require pre-registration authorization (outside of the HiBid Registration) to bid. The pre-registration application must be received by WPF at least 2 business days prior to the auction. WPF’s decision whether to accept any application is final. We cannot obtain financial references over weekends or public holidays. AUTHENTICITY: Though all descriptions are believed to be correct, WPF Auctions and or its consignors do not make any implied warranty of description, genuineness, authorship, attribution, provenance, period, culture, source or origin. It is the Bidder/Purchaser's responsibility to determine if the description is true and authentic. Intellectual Property By submitting any images to WPF Auctions or it's affiliate's, for the purpose of sale, marketing, or any use on our website, you grant WPF Auctions world-wide non-exclusive license to use the image on any and all marketing collateral digital, printer or otherwise. LIMITATION OF LIABILITY: IN NO EVENT SHALL WPF AUCTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY DAMAGES, PROPERTY DAMAGE, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY CUSTOMER, BUYER ORWINNING BIDDER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, OR TORT, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER, BUYER OR WINNING BIDDER SHALL INDEMNIFY, HOLD HARLMLESS AND DEFEND WPF AUCTIONS AND IT'S AFFILIATE'S, HEIRS AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS AGAINST A&T AUCTIONS AND IT'S AFFILIATES, HEIRS AND SUBCONTRACTORS. WPF AUCTIONS AND IT'S AFFILIATES, HEIRS LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL SUM OF FIVE HUNDRED U.S DOLLARS. LOCAL PICKUP ONLY. Pickup Address will be released and sent with your invoice, when payment has been confirmed. WPF Auctions CANNOT HELP LOAD, PACK OR WRAP ITEMS. If one of our team members were to assist, it is the Buyers responsibility for any and all damage to items during pick-up and during the drive off property. Pickup days and times shall be posted under Auction Details on the website. Pick up times are firm, unless extenuating circumstances warrant such as acts of nature, etc. UNLESS PRIOR ARRANGEMENTS ARE AGREED UPON. If sold items are not picked up on the assigned days and times, said items will be considered abandoned and forfeited and shall become property of WPF Auctions. PAYMENT WILL NOT BE REFUNDED FOR ANY REASON. AUCTION The Auction house owners, employees and consignors reserve the right to bid on any items in auction. Persons attending preview, if one is scheduled, or auction during removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefore. Neither auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury fire and or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals. INDEMNIFICATION: Buyer shall indemnify defend and hold harmless WPFAuction and its Officers, Affiliates, Heirs, Agents and anyone associated with WPF Auctions, against any claims, damages, or liability (including reasonable attorney's fees) as a result of an injury or other harm suffered by any person arising from the sale and or product or products sold and subsequent use thereof. Trademarks All trademarks, service marks, and copyrights owned by WPF Auctions or its affiliate's shall not be used without written permission. This includes the name When Pigs Fly Estate Sales, WPF Auctions and Liquidations and any and all website URL addresses and abbreviations of such. AuctionFlex AuctionFlex sets up each user on this website and collects all user information. WPF Auctions does not have access to user names and passwords. AuctionFlex does provide WPF Auctions with user name, contact information and credit card information provided during the registration processes. User information will not be sold to any third party advertisers by WPF Auctions. GOVERNING LAW: The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Grayson County, Texas. A&T Auctions is regulated by the Texas Department of Licensing and Regulation. Any and all complaints must be directed to the Texas Department of Licensing and Regulations at (800) 803-9202. Dalton Tompkins, Licensed Auctioneer: TX LIC # 17501 - WPF Auctions, 306 W Hughes, Collinsville, TX 76233 (940-566-1000) Please note: The seller or "seller's agent" reserves the right to bid on their items as well as the auctioneer reserves the right to bid on items on behalf of the seller as the seller's agent. The seller or "seller's agent" reserves the right to remove any items from the auction at any time, on behalf of the sell or "seller's agent". Should any part of this agreement be determined or shall become unlawful, all remaining parts herein shall remain in effect and shall be construed to the fair meaning thereof. THANK YOU FOR BIDDING WITH: When Pigs Fly / A&T AUCTIONS!