Lot # : 59 - Jaws Battery Operated Decoration

AuctionTerms and Conditions You are bidding on assorted Merchandise of returns, shelf pulls, overstocks-some items may be used, damaged, missing pieces OR used and previously used items. All items are sold AS IS. Absolutely NO REFUNDS or CHARGE BACKS. ATTENTION: *Bell Tower Auctions recommends previewing all items in this auction personally on preview day/or by appointment. It is the bidders responsibility to determine the condition, age, genuineness, value, and any other determinative factor. Description & photos are offered as a guide only. Bidder shall be sole judge of value. We will list or take pictures of any damage that is noticed/seen or that the consignor has made us aware of at the time we catalog auction. We do not necessarily exam items, open boxes to check for damage. and/or test items for working condition - Do not rely solely on photos or descriptions to make buying decisions. Items not picked during scheduled pick up times/dates will be considered abandoned and will be removed at Bell Tower's discretion and you will NOT receive a refund. Buyer's Premium for all internet bidding is 15% Sales Tax Collected 7% Credit Card Fee for all internet bidding is 4% (sales tax is charged on total of invoice including buyer's premium and credit card fees) PAYMENT You must have a registered credit card on file prior to bidding. Accepted Credit Cards include Visa, MasterCard, and Discover. By registering to bid you agree to the following Terms & Conditions and agree and accept to your credit card to be charged immediately following auction close. A $25 service fee will be added to your invoice if your credit card is declined. Shipping is available on most items at buyers expense (will NOT ship furniture / larger items). Your item(s) will be shipped USPS Priortiy Mail with a stated minimum handling/packing fee PLUS the cost of shipping. Shipping and Handling fees will be added to your invoice and your card on file will be charged. Please EMAIL shipping request to BellTowerAuctions@gmail.com. Please give us a few days to get your items packed and shipped. Bell Tower Auctions, LLC is NOT RESPONSIBLE for any damage or lost items durning shipping. ***Very Important-at the end of the aution please send shipping request email to include auction number and lot number to belltowerauctions@gmail.com. Please include item description and lot number in email. Bell Tower Auctions, LLC is not responsible for lost or damaged items during shipping. Upon receiving shipping email request, your item will be packed for shipping and fees adding to your credit card on file for payment. NOTE- Any item won with an out of state address on invoice and not picked up or other arrangements haven't been made by 3:00 PM on the immediate Thursday following auction close, THEN items will be automatically shipped and your card will be charged.All shipping/handling/chargers and expenses are buyer''s responsibility. ***Very Important-at the end of the aution please send shipping request email to include auction number and lot number to belltowerauctions@gmail.com. Please include item description and lot number in email. Bell Tower Auctions, LLC is not responsible for lost or damaged items during shipping. NOTE- Any item won with an out of state address on invoice and not picked up or other arrangements haven't been made by 3:00 PM on the immediate Tuesday following auction close, THEN items will be automatically shipped and your card will be charged. QUESTIONS If you have any Questions, please contact Bell Tower Auctions at 260-609-9851 or BellTowerAuctions@gmail.com These Bidder Terms and Conditions apply to Auctions conducted by Bell Tower Auctions, LLC ("Auctioneer") and constitute a legal, valid, binding, and enforceable contract between Bell Tower Auctions and each participant, and will be incorporated into the contract for of sale between each buyer and seller as lots are sold at the auction. 1. License. Auctioneer is a licensed auction company in Whitley County, Indiana. 2. Auction Conducted in Accordance with These Bidder Terms and Conditions. The Auction is conducted in accordance with these Bidder Terms and Conditions. By participating in the auction (either in person or remotely), each participant agrees to be bound by, and abide by, these Bidder Terms and Conditions. 3. Auction Location. The Auction is conducted at 1645 Country Side Dr., Columbia City, Whitley County, Indiana. All property is offered for sale in Whitley County, and will be sold in Whitley County, Indiana. Notwithstanding the physical location of any bidder, or other participant, these Bidder Terms and Conditions are entered into in Whitley County, Indiana, all bids and payments are received in Whitley County, Indiana and each contract of sale between a buyer and seller is formed in Whitley County, Indiana. 4. Buyer's Premium. Property offered at the auction is subject to a Buyer's Premium. The Buyer's Premium is 15% of the final sold price of the lot. Each bidder agrees that he/she will pay the Buyer's Premium to Bell Tower Auction, for the Auction Company's own account. The Buyer's Premium will be added to the sold price to determine the final price of each lot or item sold at the auction. 5. Participants are Licensees at the Auction Site. Participants in attendance at the Auction Site are licensees and assume all risks associated with their presence at the Auction Site. Any person may, in Auctioneer's discretion, be denied access to the Auction Site or removed from the Auction Site. 6. Bidder Registration. All Bidders must register. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Bidder breaches any Bidder Terms and Conditions or engages in improper conduct, Auctioneer may reject any bids made at the Auction and may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that he/she has read, understands and agrees to be bound by, these Bidder Terms and Conditions. In the discretion of Auctioneer or the Calling Auctioneer, bids may be received from a person who has not registered or been issued a Bidder Number, provided that such person immediately completes a Bidder Registration and agrees to be bound by these Bidder Terms and Conditions. 7. PROPERTY OFFERED WITH RESERVE. Unless expressly stated otherwise in writing, all Property is offered with Reserve, and any bid may be rejected, and any property may be withdrawn by Auctioneer, at any time before the fall of the Hammer. 8. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms and Conditions. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms and Conditions, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms and Conditions. 9. No Bid Retraction. No Bidder may retract a bid that has been acknowledged by the Calling Auctioneer. Further to the foregoing, each Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for the Auctioneer to accept such Bidder's Bidder Registration and for such Bidder to bid at the Auction, each Bidder agrees that he/she will not withdraw any tendered bid that has been acknowledged by the Calling Auctioneer. 10. Absentee Bids; Execution of Absentee Bids. Absentee bids may be accepted in auctioneer's sole and absolute discretion. Absentee bids may be executed by Auctioneer or by an employee, agent, representative, or independent contractor working with Auctioneer. The execution of an Absentee Bid may commence at a percentage of the maximum amount of the Absentee Bid as determined by Auctioneer in Auctioneer's sole and absolute discretion, and will be advanced competitively until the Fall of the Hammer or until maximum amount of the Absentee bid is reached, whichever occurs first. Auctioneer will make all reasonable efforts to execute Absentee Bids, but active bidding by Bidders in attendance at the Auction may render the execution of an Absentee Bid impracticable. Auctioneer shall have no liability to an Absentee Bidder for the failure to execute an Absentee Bid. Each Absentee Bidder acknowledges and agrees that Lots subject to an Absentee Bid request may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence3 that causes another Bidder to reach the such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may authorize Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. 11. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer's recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder. 12. Winning Bidder/Buyer. Pursuant to these Bidder Terms and Conditions, the Registered Bidder making the Winning Bid for Property offered for sale at the Auction is the Buyer of such Property. 13. Property Sold "AS IS', "WHERE IS", and "WITH ALL FAULTS". ALL PROPERTY IS BEING OFFEREDAND SOLD IN IT'S "AS IS/WHERE IS" CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF THE PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER OR CALLING AUCTIONEER, SHALL BE DEEMEDA WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLERREGARDING THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NOWARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT HE/SHEECANNOT RELY, AND HAS NOT RELIED ON ANY REPRESENATION, WARRANTY, ORGUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER,RALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. 14. Bidder's Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder's inspection and investigation in (i) determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. 15. Descriptions of Property. Unless otherwise expressly stated otherwise in writing, any descriptions of Lots or other Property are based solely on visual impression and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer. 16. Contract of Sale. By operation of these Terms and Conditions and Section 2328(b) of the Uniform Commercial Code, no additional or further writing shall be required to evidence the existence of a contract of sale for any Lot Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms and Conditions, together with Auctioneer's clerking sheet or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidences to the terms of the sale. These Bidder Terms and Conditions shall be incorporated into the contract between each Buyer and Seller. 17. Bidding by or on Behalf of a Seller. In accordance with Section 2328(b) of the Uniform Commercial Code, unless expressly stated otherwise, bids may be placed on a Seller's behalf by the Seller or by an agent of a Seller. 18. Motor Vehicles and Equipment. All motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motorcycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and if any vehicles or equipment is paid for with a check, the vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer. 19. All Sales Final. ALL SALES ARE FINAL. 20. Sales Tax. Subject to applicable exemptions, if any, each Buyer shall be responsible for the payment of Indiana Sales Tax for each lot sold at the Auction. Sales tax shall be collected by Auctioneer at the time payment is made. 21. Payment. All Lots must be paid for in-full by the Buyer on the day of the Auction and before any property is removed from the auction site by or on behalf of the buyer. Purchases by remote buyers must be paid by credit card or wire transfer. Payments are calculated in US Dollars 22. Pick-up and Removal; Shipping. Unless otherwise arranged with Auctioneer, all Lots purchased by an onsite Buyer must be removed from the Auction Site on the day of the Auction or predetermined pick-up time. Unless shipping is arranged, and paid for, by a remote Buyer (including telephone Bidders and Absentee Bidders) all Lots purchased at the auction must be removed from the auction site during the predetermined pick-up time. 23. Abandoned Items. Any lots not paid in full OR not picked up and removed in the time provided, will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer's obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable and buyers shall remain responsible for the full purchase price of all lots sold to them. 24. Returned Checks. Any checks that are returned unpaid shall be subject to a returned check fee in the amount of $32.00 USD. In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys' fees, for the collection of payment made in the form of a check that has been returned unpaid. 25. Declined Credit Cards. An addition $25.00 will be charged when the credit card on file with HiBid is declined. In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys' fees, for the collection of payment made in the form of a check that has been returned unpaid. 26. No Stop Payment Orders or Credit Card Charge Backs. Each Participant agrees that he/she will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction or (ii) initiate a credit card charge-back with respect to any purchases at the auction. Each participant further agrees that if, in violation of these Terms and conditions, a stop payment order is issued or a credit card charge-back is initiated, these Bidder Terms and Conditions will be conclusive evidence of the Participant's (i) waiver of any rights to issue a stop payment order or to initiate a credit card charge-back, and (ii) agreement not to issue a stop payment order or to initiate a credit card charge-back; and each participant acknowledges and agrees that on auctioneer's presentation of these bidder terms and conditions to t bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution shall reverse any stop-payment order and/or deny any credit card charge-back and shall re-credit all amounts to or for the account of auctioneer. If, in violation of these Bidder Terms and conditions, a participant issues a stop payment order or initiates a credit card charge-back, such Participant, even if successful, will remain liable for all purchases made at the auction, and will be responsible for all costs and expenses, including attorney's fees incurred by or on behalf of auctioneer and/or seller in challenging the stop payment order or credit card charge-back and in collection payment for the property purchased at the auction. Each participant acknowledges and agrees that the covenant not to issue a stop payment order or to initiate credit card charge-back is a condition to the issuance of a Bidder Number to such participant, and is being made as an inducement for auctioneer to accept such participant's bidder registration and to issue a bidder number. Each participant acknowledges and agrees that auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card charge-back in accepting such participant's bidder registration and in issuing a bidder number. 27. Claims. With respect to lots removed from the auction site by or on behalf of a buyer, no claims or returns will be allowed and no claim with be allowed for adjustments or recession of any sales based on the failure of a lot to correspond with any standard and/or expectation of the buyer. 28. Auction Proceeds. Net auction proceeds are paid-over to seller within 30 days after the auction and after such proceeds are delivered to seller, any claims for the return of moneys are waived as against auctioneer. 29. Risk of Loss. Risk of loss passes to the buyer with the fall of the hammer. Neither auctioneer nor seller shall be liable for any loss or damage to property after such property is struck off at the auction. 30. Indemnification. Each bidder agrees to indemnify and hold auctioneer and seller harmless from any current or future claim regarding the auction or the property, including, without being limited to, finesse, uses, damage, safety, or injuries to persons or property. 31. Private Sale. No participant or registered bidder shall offer to enter into a private sale for the purchase of all or any portion of the property prior to or during the auction. 32. Bidding Pooling. Bid pooling occurs when bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the hammer price of items offered at auction. Bid pooling is a felony. Anyone participating in bid pooling will be prosecuted to the fullest extent of the law. 33. Theft. Theft is a serious offense, and if discovered, will be prosecuted to the fullest extent of the law; instances of theft will result in immediate termination of bidding and removal privileges. 34. No Incidental or Consequential Damages. Each registered bidder acknowledges and agrees that auctioneer shall not, under any circumstances, be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. 35. Governing law; Jurisdiction; Venue. These Bidder Terns and Conditions shall be governed by and construed in accordance with the laws or Whitley County, Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties shall be brought in the state or federal courts sitting in and for Whitley County, Indiana, which courts shall have exclusive jurisdiction, and shall be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a bidder registration and accepting a bidder number, each registered bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms and Conditions, or the transactions contemplated hereby, shall be brought in the state or federal courts sitting in and for Whitley County, Indiana; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts, and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. 36. Attorneys' Fees. If any participant breaches his or her or its obligations under these bidder terms and conditions, auctioneer and/or seller will be entitled to recover all costs and expenses, including attorneys 'fees incurred in enforcing their rights hereunder. 37. Use of site: Bell Tower Auctions or it's Sellers cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continuous, uninterrupted or error free service or use of the site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Bell Tower Auctions at its sole discretion, may void any sale, temporarily suspend bidding or reschedule the closing date of the auction and resell any items/lots that were affected by any malfunction or interruption of service. The decision of Bell Tower Auctions is Final.