Lot # : 471 - TTagovailoa 2015 Rookie Phenoms High School rooki

Iowa Surplus & Estate Auctions Terms and Conditions: These Auction Terms and Conditions (hereinafter the "Agreement " or “Terms”) constitute a legally binding agreement between you (either an individual or an entity), Bidder/Buyer and Iowa Surplus & Estate Auctions (Also Known AS ATR AUCTIONS), its affiliate(s) and subsidiaries regarding the use of its websites www.iowasurplusauctions.com and https://https://isa.hibid.com/ ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE Iowa Surplus & Estate Auctions SITES AND/OR SERVICES (DEFINED BELOW), PLACING AN AUCTION BID, OR OTHERWISE PARTICIPATING IN A Iowa Surplus & Estate Auctions AUCTION OR SALE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT – AND SPECIFICALLY THE DISPUTE RESOLUTION, ARBITRATION AND REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS. Please be aware it is up to You to determine the item's worth, and if you want the item you are placing a bid(s) on, only two bidders can determine the ending price of an item. do not rely on any advice other than yourself to determine what an item is worth, as we are not an appraisal company we do not appraise, Grade, Authenticate, or Test items, All 3rd party Grading is that of the 3rd party and is not done by us. Some items such as Coins, Trading Cards, Collector cards, and Sealed Packs may be Graded, Non-Graded, Real, Authentic, Un-authentic, Reprints, Reproductions, or replicas; please check all items out and only bid what you are comfortable with paying and owning as bidding on a item is a contract and the items will be yours at end of auction shall you be the high bidder regardless of condition of item. Please be aware that we will be adding items to the sale throughout the sale, so please be sure to check back, as more items may be listed. By Placing a Bid on any items in our auction, you understand that the condition of an item is not guaranteed nor guaranteed to be authentic, and you are buying what you see in the pictures. So bid accordingly because we do not retract or cancel bids after placing bids on items for auction. Hibid is a software company that provides website software only. Any disputes or claims are between you, the bidder, and Iowa Surplus & Estate Auctions. Hibid cannot resolve any disputes; it is only a software lease company and has nothing to do with the decisions of independent auction companies such as Iowa Surplus & Estate Auctions. So, if there is a problem, please contact Iowa Surplus & Estate Auctions. By placing a bid on any item listed by Iowa Surplus & Estate Auctions, the bidder signifies that they have examined the items to their satisfaction or that they have chosen not to personally examine them and agree to accept the items in the “as is” manner agreeing that there will be no refunds or credit card chargebacks. You agree to accept the Auction lot that you won. Although the information in the buyer's guide has been deemed reliable, Iowa Surplus & Estate Auctions, Hidbid, or anyone associated with this sale makes no representations of its accuracy. It is the buyer's responsibility to inspect to ensure the exact item(s) he or she is buying. Buyer to determine Grade, Grading, Weight, Condition, Wear & Authenticity, Real, Fake, or reproduction, Because there will be no Refund, Returns, or Chargebacks under any circumstances. If you, the Bidder, are relying solely on the description of the item, it is your responsibility to conduct your due diligence prior to bidding on the item and determine what you believe is the asset being offered. If you have any questions, it is your responsibility to answer your questions prior to bidding by any means necessary. It will not be shown or assumed if Iowa Surplus & Estate Auctions cannot find an answer to questions or an item's make or model number. There are no refunds for Buyer's Remorse if they think it is an item that it is not. Bid what you're willing to own the item for, but not anymore because, at the end of the auction, the item is yours and requires payment. Precious Metals, Coins, Cards, and Other Items—Authentication & Purity: Our company does not grade all metals represented and sold at Iowa Surplus & Estate Auctions. Coin grading may vary among experts and is not guaranteed by the auction company. Our goal as an auction company is to make you aware of what you are bidding on. It is your responsibility as a bidder to understand these differences and to bid accordingly. Although the information in Auctions By Iowa Surplus & Estate Auctions has been deemed reliable, Iowa Surplus & Estate Auctions, HIBID, or anyone associated with this sale make no representations of its accuracy. It is the buyer's responsibility to inspect to ensure the exact item(s) he or she is buying and bidding on is the item they want before placing a bid, not after. Appraisals - Certifications & Opinions of Value: Certifications, Gem Grading Reports & Appraisals Of Coins, Cards and other items are to be used as guidance. Opinions of quality and value can vary among highly respected individuals and firms. This does not indicate an error among either evaluator but a difference of opinion. Retail replacement values and auction estimates are not guaranteed by the auction or appraisal companies. Retail replacement values and auction estimates should not be used to suggest resale value Or what an item is worth or will be worth. Opinions of the value and quality of stones, Coins, Cards, & Other Items can vary significantly based on current market conditions, availability in the marketplace, geographical location, gemological equipment types, method of grading, and the evaluator's training. Estimated Values are not a price guide; they are estimates from a quick search to see a price. The price of an item can vary because of many factors, and you should use your own Judgment & Research When deciding what you want to pay for an item or your bidding strategy. Iowa Surplus & Estate Auctions is not grading the item; we are not putting a Value on any item. We list the item for sale as an Auction Item, and you get to determine what you want to bid and own it for. There may be a reserve value put on an item, but we do not mean that’s the Value of the item just means it sells or doesn't sell, not that we are telling you what any item is worth because an item may be worth more to one person vs. the next person. This happens a lot on Coins, Cards, and other items where they may be more valuable to someone who knows what they are worth or the rarity of an item, but Iowa Surplus & Estate Auctions does not determine price other than starting a bid on an item. Do your research and decide what you want to bid before placing bids, as once you bid, it's a contract, and we will not retract or cancel bids for any reason. "Items Listed As Unverified or Not Authenticated means we do not believe these items to be Original or have not Authenticated them. These Coins or Cards may be Real, Collector Coin, reproductions, copies, or collector souvenirs therefore, do not Assume they are real because we believe them to be reproductions or not original and not selling them as original or Authentic Because they have not been graded or Authenticated. You buy what you see in the picture and only bid what you are willing to pay for this item." Buyer to determine Grade, Grading, Weight, Condition, Wear & Authenticity, No Refund, Returns, or Chargebacks. Notice: For bidders who are new to our website or Hibid and are unknown to our company or Have no feedback, negative or questionable feedback, we will likely ask you for more information to verify your identity for purchases exceeding $100. In the event that we cannot verify you or your shipping address, we may require more proof of your identity or more requirements to bid, ship, or participate in the auction. You may be required to post a deposit or make different payment arrangements until we have formed a Business relationship. 1) Each item and lot sells in "AS IS - WHERE IS" condition without a written or assumed warranty or guarantee. Please review the items Online Pictures Or Make an Appointment To See Items on Friday before the day of the close of the Auction from 9 am to 11 am. Bid What you wish to pay and own: All items will be sold to the high bidder, As you bid, you agree to be the winning bidder and complete the Payment and Auction Terms. All Auctions are online only unless expressly noted and listed otherwise. We will see if there is a special request for in-person viewing, but appointments must be communicated and worked out with office staff. 2) All Sales are final. If you cannot adhere to the above terms, please DO NOT BID. Bid accordingly, as there are NO RETURNS. This is an “As is Auction” unless otherwise noted. All items will be sold to the highest bidder, and the buyer must complete the sale per the terms and conditions. 3) BUYER'S PREMIUM: There will be a 15% Buyer's Premium on ALL online purchases. 4)Iowa sales tax of 7% will apply to purchase(s). Only verifiable dealers, manufacturers, or resellers that qualify under State Iowa will be exempt with proper documentation and exemption. All Farm exemptions or other exemptions must be done through your Tax CPA for refund or credit and can not be done through our office. All Auction lots will be subject to Sales tax except for vehicles collected by the tag office; any other item, no matter what it is, will be collected for sales tax at a rate of 7% as required by Iowa Sales tax. 5) PAYMENT: Online purchases will be charged at the conclusion of the auction on the credit card used to register. No items are released until the payment is collected. There are “NO CHARGEBACKS, RETURNS OR REFUNDS ALLOWED.” When you bid on the item, you agree to buy the item or lot and agree to complete the auction terms, and no Refunds or adjustments will be made. 6) If charges are DECLINED by the credit card processor, a non-sufficient funds charge of $25.00 will be charged each time processing is denied; all lots and items will be held from being picked up or shipped. The buyer will be notified by email of the NSF transaction and will have 24 hours to contact Iowa Surplus & Estate Auctions at 319-519-4300 or email with an alternative payment method. NO EXCEPTIONS! 7) Bidders & Buyers who cannot meet the terms of this Auction should not bid; you agree to the auction terms and are entering into a legally binding contract that will be enforced to the extent of the law. All fees associated with late fees, mailings, collections, Attorney fees, or court costs shall be the buyer's responsibility. 8) Bidders and buyers who fail to pay will also be banned from the auction and further auctions and reported as non-payment. However, this does not remove you from the responsibility of completing the auction terms. All actions will be taken against the buyer/bidder. 9) All items must be removed by the Date listed for auction pickup or shipped the Monday after the auction, and if not removed by the buyer or agent or shipped, then the buyer agrees these items will be forfeited and disposed of. There will still be no refunds to the buyer, as it’s the buyer's responsibility to remove the items or pay for shipping. If a buyer needs time for large items and pays for storage in advance to Iowa Surplus & Estate Auctions, it will be held until storage fees run out and disposed of without any refund. Storage is available at $25 per Calendar day starting the 12 pm day the Auction closes and must be prepaid. 10) SHIPPING is Available at the Buyer's cost; all shipping costs of 10% of the sale price or a Minimum of $5 handling fee will be paid to Iowa Surplus & Estate Auctions before auction items are released or shipped. Items that require Pallet or freight shipping will incur a $50 handling fee and any cost associated with the cost of shipping and packing; we work with freight carriers and will do our best to get the best rate possible. Items shipped will not be the responsibility of Iowa Surplus & Estate Auctions, and the buyer assumes the liability of the risk of shipping, The Buyer can purchase insurance from USPS, UPS, FEDEX, OR FREIGHT CARRIERS, but the liability of the item is the responsibility of the buyer, and we recommend local pickup on high-end items or equipment. Local Pickup DATE AND TIMES (if the Auction allows for local pickup) will be listed in the auction information, and it is in Coralville or Solon, Iowa. Pickup time and date at Iowa Surplus & Estate Auctions Listed is the only time, date, and place to pick up in Solon, Iowa. Removal is the buyer’s responsibility. PLEASE bring the manpower, shipping, and packaging materials you need to remove items. Iowa Surplus & Estate Auctions will provide boxes and/or crates at “Buyer’s Expense plus a handling fee and material cost.” Iowa Surplus & Estate Auctions is NOT responsible for theft or accident of any item or lot. Iowa Surplus & Estate Auctions at any time can have a package intercepted in the event of theft or Fraud concerns, and the Buyer bidder will be responsible for any and all additional fees, including reshipping, storage, and any required fees. Handing Fee or Packaging fees include getting the item ready, auction, and shipping if necessary. The handling fee is 10% of the item's lot sales price or a minimum of $5. Also, there are higher fees for particular items or items requiring palletization. All lots that require a top loader, cardholder sleeve, and slab will have a minimum $5 handling fee for each item to protect the item. This ensures the item's protection during, preview, and after the auction to protect all sports cards and coins. We can help arrange transportation or delivery for a fee, and all costs will be assessed to the buyer's total if needed. All items requiring storage and approval will incur a $25 daily storage fee. Only items approved and arranged between the buyer/bidder and Iowa Surplus & Estate Auctions will be charged during scheduled pickup or before the close of the auction. Do not assume anything if you didn't arrange stuff with us. Then, we reserve the right to dispose of the item if pickup or storage arrangements are not made or approved and items are forfeited without a refund or chargeback. These Terms cannot be modified. 11) BIDDING: Bid your max; bid what you’re planning to pay or comfortable with spending. The current bid does not automatically go to your max bid when you bid your max. If someone else has to increase the current price, the computer will automatically bid up to your maximum in the specified increments. If two people bid the same max bid on an item, the 1st person to place the bid will be the winning bidder. Iowa Surplus & Estate Auctions will not be responsible for bids that do not go through or errors in bids. The best way to ensure your bid is accepted is to enter your max bid BEFORE the auction ends. Remember that these auctions close at different times because of staggered soft closing. 12) If you are the successful bidder on any item(s), you will receive an invoice from Iowa Surplus & Estate Auctions at the email you used to register with. On this invoice, the pickup location and pickup times are stated. The pickup times are noted above; shipping rules and guidelines are listed in these terms and conditions. If you are unable to meet these guidelines, please DO NOT BID. There will be NO REFUNDS, which could permanently decline or block your account bidding with Iowa Surplus & Estate Auctions. If you do not receive an email in your inbox, check your junk mail folder, and please add us to your safe email or contact to prevent emails from going to the junk folder. 13) Please do all the research and investigate the items in the lots you are interested in BEFORE placing your bid. Once you place a bid electronically, it cannot be retracted. All items sold at or through Iowa Surplus & Estate Auctions are available for preview. During the hours of 9 am to 11 am on the day of the auction, you can make an appointment only by appointment. Please call 319-519-4300 to make an appointment if you wish to see these items in person. These items are being sold online and not for sale without bidding through the auction site. 14) Any and All items, Handbags, Name brands, Coins, Collector Cards, Jewelry & other collectibles are auctioned AS IS - WHERE IS. The responsibility lies with the BUYER to authenticate prior to bidding. If you bid, you agree to the terms to complete the auction and payment. Regardless of authenticity, it's your responsibility to determine this prior to bidding and agree you are buying the item listed in the lot by bidding; this cannot be retracted or canceled after the bid is placed, which means you agree to the terms. 15) Iowa Surplus & Estate Auctions IS NOT & WILL NOT BE responsible for thefts or accidents. No refunds. 16) Iowa Surplus & Estate Auctions uses third-party software for online auctions. Neither the auction company nor the software provider will be responsible for any interruption in service errors caused by any means, including power failures or website outages. This auction is conducted electronically and relies on hardware and software that may malfunction without warning. At its sole discretion, the Auctioneer may void a sale, suspend bidding, and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final, as is the case in a live auction. reserves the right to pass on a bid on a lot for any reason. We reserve the right to cancel and/or reopen the auction in the case of system failures or other necessary reasons. All buyers certify that they have read and fully understand the terms and conditions listed above and agree to be bound. It's the buyer's responsibility to understand all the terms and conditions prior to submitting any and all bids Remember this is an Auction, and all items are sold “As is.” There will be no refunds or credits for any reason. Also, all chargebacks will be denied. 17)Iowa Surplus & Estate Auctions will not be responsible for accidents or damage caused on Auction Property or after an item leaves our facility. We are also not responsible for loading or damage caused during loading. 18)Items listed in the picture are items being sold: Pallets, Packaging, desks, trays, and any other item that doesn't come with the item. Please do not assume you have a question; please ask before bidding. Sports cards or coins may be displayed in protective cases or sleeves; some may come with sleeves or top loaders, but they may not; we display them that way to protect them, and these can be easily sourced by 3rd party or purchased from our auction house. Graded cards in slabs or sealed slabs will come with the slab. 18)NO GUARANTEES OR WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY PRODUCT/LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY PRODUCT/LOT ALL PRODUCTS/LOTS ARE SOLD “AS IS, " WHERE IS, AND WITH ALL FAULTS. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION, GRADE, OR PURPORTED VALUE CONTAINED IN ANY AUCTION LISTING. BIDDERS AND SELLERS AGREE THAT ATR AUCTIONS IS NOT PROVIDING ANY WARRANTY, COVENANT, OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE Iowa Surplus & Estate Auctions SITE. BIDDER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AND PROVENANCE OF A PRODUCT/LOT. **WARRANTY DISCLAIMER: ALL SALES ARE FINAL ALL ITEMS ARE BEING SOLD "AS IS," "WHERE IS" WITH ALL THEIR FAULTS AND WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. THE PRINCIPAL, THE AUCTIONEER, Iowa Surplus & Estate Auctions, THE ADVERTISING COORDINATOR, AND ANY OF THEIR AGENTS MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE. IT IS FOR THIS REASON THAT WE RECOMMEND THAT ALL ITEMS BE THOROUGHLY INSPECTED PRIOR TO THE POINT OF SALE. 19) COINS, CURRENCY, COLLECTABLE CARDS (BASEBALL, FOOTBALL, ANY SPORTS AND POKEMON CARDS), AND COLLECTABLES, LISTED IN Iowa Surplus & Estate Auctions CATALOG AS GRADED AND ENCAPSULATED BY PCGS, NGC, ANACS, ICG, PCGS CURRENCY, PMG, PCGS BANKNOTE GRADING, CMC, PSA OR ANY OTHER THIRD-PARTY GRADING SERVICE ARE LIKEWISE SOLD “AS-IS.” ALL THIRD-PARTY GRADING SERVICE GUARANTEES, INCLUDING AUTHENTICITY, ARE THE SOLE RESPONSIBILITY OF THE THIRD-PARTY GRADING SERVICE AND NOT WARRANTIES OR GUARANTEES OF ATR AUCTIONS. BIDDERS SHOULD CONTACT THESE THIRD-PARTY GRADING SERVICES DIRECTLY WITH RESPECT TO ANY CLAIMS OR QUESTIONS THEY MAY HAVE CONCERNING THEIR GUARANTEES AND WARRANTIES. BIDDERS ACKNOWLEDGE AND AGREE THAT THE AUCTIONEER IS NOT BOUND BY OR LIABLE FOR ANY OPINION OR CERTIFICATION BY ANY THIRD-PARTY GRADING SERVICE. REMOVAL OF A PRODUCT FROM ITS PROTECTIVE CASING OR ALTERATION OF ANY COIN HOLDER WAIVES ALL RIGHTS CONCERNING THE PRODUCT CONTAINED THEREIN. 20)Iowa Surplus & Estate Auctions DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF THE PRODUCT DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE PRODUCTS ARE CORRECT OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. ATR AUCTIONS HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE Iowa Surplus & Estate Auctions SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS, OR WARRANTIES WITH RESPECT TO SAID INFORMATION OR ITS ACCURACY ON OR LISTED IN THE AUCTION OR WEBSITE. YOU AGREE YOU DO NOT RELY ON ANY WRITTEN DESCRIPTIONS BUT WILL ONLY BID BASED ON EXAMINATION OF THE PRODUCT/LOT PHOTOGRAPHS POSTED IN CONNECTION WITH THE AUCTION LISTING. 21)You acknowledge that the Iowa Surplus & Estate Auctions or auction Sites, the data entered into the Sites, and/or the Seller's auction information may contain errors or inaccuracies. You further understand, acknowledge, and agree that neither Iowa Surplus & Estate Auctions, its owners, members, employees, affiliates, agents, representatives, third-party providers, or consignors warrant that Auction listings will be unimpaired, uninterrupted, or error-free and accordingly shall not be liable for such events. 22)You understand, acknowledge, and agree that the precious metals markets, numismatics, collector cards, baseball, football, and all trading cards are speculative, unregulated, and volatile. That coin, currency, and precious metal value may rise or fall over time, as may Cards and player stats. AIowa Surplus & Estate Auctions DON'T GUARANTEE OR REPRESENT THAT ANY BIDDER BUYING PRODUCTS FOR INVESTMENT PURPOSES WILL BE ABLE TO SELL SAID PRODUCTS FOR A PROFIT IN THE FUTURE. 23)Because Bidders utilizing Iowa Surplus & Estate Auctions’s Services and Sites may enter into legally binding agreements to purchase Products being auctioned, Iowa Surplus & Estate Auctions's Services are not available to minors or anyone under legal age. Sellers may have different standards for approving individual auction participants, and you may be required to apply for and obtain written approval to participate in a specific auction. In such circumstances, approved Bidders will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. Iowa Surplus & Estate Auctions and each Seller reserves the right to refuse to approve any individual or entity applying to participate in any auction listing as a Bidder. 24)PRODUCT DESCRIPTIONS. Iowa Surplus & Estate Auctions Site enables individuals, artificial entities, and professional auctioneers to list Products for Auction sales. Those are the persons or entities who prepare the Product descriptions that appear on the Sites, not Iowa Surplus & Estate Auctions (unless listing its own Products for auction). Buyers, individuals, or entities are solely responsible for the descriptions' accuracy and all contractual and other warranties made, if any, with respect to the products sold. You understand, acknowledge, and agree that Atr Auctions is not and shall not be held responsible or liable to you for any of the Product description/information posted on the Iowa Surplus & Estate Auctions Site’s Auction listing(s). While written descriptions are utilized in product listings, the ultimate determination of the qualities of an auction product is determined by examining the posted product photographs and inspecting them. We recommend an in-person inspection on the date listed for personal inspection. If the buyer/bidder chooses not to visually inspect the items before placing bids or buying items, we will not hold Iowa Surplus & Estate Auctions or its owners liable for any items. 25) 1) Iowa Surplus & Estate Auctions uses the United States currency payment methods. 2) Credit/Debit Cards: Credit/debit cards are only accepted for the payment of a given invoice (for Product’s purchase price, buyer’s premium, and shipping & handling) Cards on file with Iowa Surplus & Estate Auctions OR HIBID will automatically be charged for orders or bids. Credit card Payments incur a 3.5% processing transaction fee to be added to the invoice total. 3)Wire Transfer: For wiring instructions, call (319-519-4300) or email (Iowa Surplus & Estate Auctions). 4) For Venmo payment instructions, call (319-519-4300) or email (Iowa Surplus & Estate Auctions). 26)BUYER’S PREMIUM. All bids are subject to a Buyer’s Premium, which is included in successfully placing the bid. The Buyer’s Premium shall be fifteen percent (15%) for all bids and items. Iowa Surplus & Estate Auctions' Buyer’s Premium is subject to change and may increase from time to time without further notice at Iowa Surplus & Estate Auctions' sole discretion. 27)PAYMENT DEADLINE. Payment for Products, Bids, and Purchases shall be immediately due and payable upon the conclusion of said Products’ Auction listing and presentment of an invoice. Iowa Surplus & Estate Auctions reserves the right to void an invoice if payment in full is not received within seven (1) days after the Auction closes. In cases of nonpayment, Iowa Surplus & Estate Auctions’s election to void a sale does not relieve the successful Bidder from their obligation to pay Iowa Surplus & Estate Auctions its fees (seller’s and buyer’s premium ) on the Product listing and any other damages pertaining to Bidder’s failure to tender payment. Alternatively, as its sole option, Iowa Surplus & Estate Auctions may charge Bidder a twenty-five percent (25%) fee based on the Product’s purchase price. In either case, Iowa Surplus & Estate Auctions Iowa Surplus & Estate Auctions may offset the amount of its claim against any monies owing to the Bidder or secure its claim against any of the Bidder’s property held by Iowa Surplus & Estate Auctions. 28) UNPAID BALANCE AND DISHONORED PAYMENTS. If any Auction invoice submitted by Iowa Surplus & Estate Auctions to Bidder is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law, 18% APR from the invoice date until paid. Any invoice not paid when due will be a three percent (3%) late fee on top of the invoice amount. If Iowa Surplus & Estate Auctions refers any invoice to an attorney or third party for collection, Bidder agrees to pay Iowa Surplus & Estate Auctions’s reasonable attorney’s fees, court costs, and other collection costs incurred by Iowa Surplus & Estate Auctions. If the Bidder's payment is dishonored upon presentment, the Bidder shall pay the maximum statutory processing fee set by applicable state law. 29)TAXES, DUTIES, AND CUSTOMS. Purchased Products may be subject to taxes, duties, customs, and/or fees imposed by various domestic and/or foreign taxing authorities or governments. Bidder is solely responsible for payment of any and all such taxes, duties, customs, and/or fees prior to delivery, shipment, or pick-up, with no exceptions. 30)WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. In consideration of participation in Iowa Surplus & Estate Auctions’s listings, you, for yourself, your heirs, agents, successors, and assigns, generally and specifically waive and release, and forever discharge Iowa Surplus & Estate Auctions, and its owners, members, managers, officers, employees, agents, attorneys, and representatives, and their respective successors and assigns, from any and all claims, rights, demands, causes of action, arbitrations, lawsuits, or other legal proceedings, of whatever kind or nature, including, but not limited to claims based upon Iowa Surplus & Estate Auctions’s alleged negligence, whether in law or equity, tort or otherwise, whether known or unknown, suspected or unsuspected, which you may assert with respect and/or arising out of, or in connection with any challenge to the title to or authenticity of any Product purchased, the sale itself, any Product/lot bid upon or consigned, the Auction, listing, except where such Claim expressly authorized in this Agreement. It is your intention that the waiver and release shall be effective as a bar to each and every Claim that may arise here under or be related to the services, Auction, listings, Sites, and/or Product (s), and you hereby knowingly and voluntarily waive any and all purported rights and benefits otherwise conferred upon you by statute or common law. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF ATR AUCTIONS’S SERVICES AND THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Iowa Surplus & Estate Auctions, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE Iowa Surplus & Estate Auctions SERVICES AND/ OR SITES, OR NEGLIGENCE OF Iowa Surplus & Estate Auctions OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHTS TO A JURY TRIAL ARE WAIVED. 31)Iowa Surplus & Estate Auctions reserves the right to initiate a lawsuit, instead of arbitration, for any unpaid amounts due from Bidder to Iowa Surplus & Estate Auctions. The parties agree Iowa Surplus & Estate Auctions is entitled to the additional recovery of attorney’s fees, court costs, loss of business, interest, and costs in such matter. GOVERNING LAW AND VENUE. This Agreement, the Bidder Terms & Conditions, the Seller Terms & Conditions, and any Claim shall be determined and construed in accordance with Iowa state law. Any and all Claims shall be brought to court in Iowa City, Johnson County, Clerk of Court Small Claims Iowa, where all obligations under this Agreement are performed. 32)TERMINATION. Without limiting other remedies, Iowa Surplus & Estate Auctions reserves the right to terminate your use of Iowa Surplus & Estate Auctions Services, with or without cause, at its sole discretion. 33)NO ASSIGNMENT. You shall not assign or transfer this Agreement or any of its rights and obligations hereunder without Iowa Surplus & Estate Auctions's prior written consent. 34)USE AND OWNERSHIP OF DATA, IMAGES, AND TEXT. Iowa Surplus & Estate Auctions owns all rights, titles, and interests in and to all Auction data, including images, videos, text, and all intellectual property rights therein and thereto. Seller expressly agrees that all data provided by a Seller to Iowa Surplus & Estate Auctions for purposes of listing Seller’s Product(s) for Auction listing through consignment may be utilized by Iowa Surplus & Estate Auctions for purposes of marketing, promotion, and advertising Iowa Surplus & Estate Auctions and/or Services, Sites, Auctions, listings. By accepting these Terms, you further consent to Iowa Surplus & Estate Auctions contacting you in the future via phone, text, and email. In conformity with “do-not-call” regulations promulgated by federal and/or state regulatory agencies, your utilization of Iowa Surplus & Estate Auctions’s Services and/or Sites and/or participation in an Iowa Surplus & Estate Auctions Auction sale is affirmative consent to being contacted at the phone number and email address provided in your Seller or Bidder registration application. This consent shall remain in effect until it is revoked in writing. From time to time, Iowa Surplus & Estate Auctions may contact you concerning sale, purchase, and/or auction opportunities available through Iowa Surplus & Estate Auctions and its affiliates. Items are NOT edited or altered at all. Manufactured goods may be examined and appraised by the appraisal company in groups, with reports being issued reflecting their findings and views that are the same. Photographs used for the purpose of appraisals or auction listing may be used multiple times when an item is manufactured to have no noticeable difference. 35)CONTACT INFORMATION. Should you have any questions concerning this Agreement, or if you desire to contact Iowa Surplus & Estate Auctions for any reason, please email at IOWASURPLUSAUCTIONS@GMAIL.COM or call Iowa Surplus & Estate Auctions at 319-519-4300. 36)AUCTION DATES AND TIMES. The seller sets the auction dates and times, which are subject to change without notice. They can also be extended or ended at any time. Any items listed on the auction pickup day after this date may be removed and stored by the auctioneers at the buyer's expense or resold at the next auction with no refund or chargebacks. 37)Reserve auctions or Reserve items may have a reserve on them, and if the reserve is not met, then the item will not be sold unless the buyer/bidder agrees to make the reserve amount needed for the item to complete the sale. The reserve may or may not be shown in the auction listing and is not final until the auction ends. If you win and the reserve is met, you will get an email or invoice; in the event, the reserve is not met, you may be contacted by Iowa Surplus & Estate Auctions to see if you're interested in meeting the reserve price, All fees and premiums are still above and beyond the reserve. Items may be passed on, relisted, or returned to the seller if the reserve is unmet. 38)ChargeBacks are not allowed! For any reason, you are bidding and buying the lot and agree to the terms and conditions. If you bid, you agree to complete the purchase and not file a chargeback for any reason, as the lots/ items, regardless, are sold with the agreement that you will not file a chargeback and understand the terms. You entered your credit card information to complete the bid, registration, or purchase and not to file a chargeback for any reason. You agree to this policy using Iowa Surplus & Estate Auctions auction websites. 39)As is customary in the jewelry, collector car, and coin business, when items are manufactured/minted/ created and are so similar in makeup that there is no difference in weight or appearance, a certificate may be duplicated for each piece that is manufactured and evaluated by the appraiser. Several items that could be in this auction are brand new, manufactured items, and this process would be similar to those used by major chain stores that have several of a single item. 40)ACCOUNT ISSUES: When registering for your Iowa Surplus & Estate Auctions account through HIBID, you are assigned a unique username and password. You are responsible for bids made on your account. An online bid is a legally binding contract. If you feel your account has been compromised, it is your responsibility to keep your login credentials safe and not accessible by anyone but you; in the event that you are hacked or believe a problem, you should contact Hibid immediately to suspend your account. Final bids made from your account ARE NOT SUBJECT TO CANCELATION for any reason. 41)In the VERY RARE event that the auction company, at its sole discretion, allows a return of merchandise, items, if approved to be returned, are required to be returned to us within 72 hours (3 days) from the time you receive it's after 3 days no returns will be allowed and will not receive any refund, it is understood that all fees associated with the auction, including Buyer Premiums, Auction Fees, shipping, applicable taxes, shipping or return shipping is non-refundable for any reason. it is mutually agreed that any dispute that cannot be settled between a bidder and Iowa Surplus & Estate Auctions will be Filed in Small claims court and/or tried in Johnson County Iowa Clerk of Court. Auctioneer's liability for any discrepancy shall never exceed the purchase price actually paid by the buyer. As acceptance of these terms and conditions, all bidders agree that items are sold AS-IS and are not subject to a credit card dispute. Please do not bid on this auction if you have any questions regarding these terms. 42)WHOLE AGREEMENT OF THE TERMS AND CONDITIONS ABOVE OR LISTED ON OUR WEBSITE OR IN AUCTIONS: Acceptance of these terms constitutes a whole and legally binding agreement between the bidder and ATR AUCTIONS. Accepting these terms is a requirement to bid in this auction, and any bidder who chooses not to abide by these terms and conditions is disallowed from bidding or registering for auctions with Iowa Surplus & Estate Auctions. 43) RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and Iowa Surplus & Estate Auctions, then if Iowa Surplus & Estate Auctions is the prevailing party, it is entitled to recover from you our reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. Iowa Surplus & Estate Auctions have the right to refuse or withdraw a bidder number to or from anyone attending this sale for any reason deemed necessary by the Auction Company. ALL Litigation must be made in The Small Claims Court in Johnson County, Iowa, in a small claims manner, You agree to all the Terms and Conditions in this Auction and, if a dispute arises, agree to be brought in this manner only and forfeit the right to any Credit Card Chargebacks, Disputes, Arbitrations, or Refunds. The only resource to resolve a dispute is Via Small claims court In Johnson County, Iowa, or Resolution Directly with staff at Iowa Surplus & Estate Auctions. All other forms of resolutions will be denied, Including chargebacks. 44) Auction Information and Bidder Inspections. The Seller determines the auction dates, information, descriptions, and prices for listed Product(s) and may be subject to change. Iowa Surplus & Estate Auctions or its Employees do not inspect, confirm, guarantee, or warrant the condition of the listed Product(s). Iowa Surplus & Estate Auctions does not verify the accuracy of or control the information and details concerning the listed Product(s) or Items. You waive all reliance on Product descriptions and agree to rely solely on your own evaluation based on examination of the Product/Lot photographs. Iowa Surplus & Estate Auctions also does not guarantee that Sellers have or maintain proper licenses or registrations required by applicable laws, rules, or regulations or that Sellers comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the listed Product descriptions. You should also take proper steps to inspect or validate the condition of the listed Product(s) prior to bidding on and receiving the listed Product(s). Iowa Surplus & Estate Auctions is not responsible for any errors or omissions in the content of any listed Product(s). Iowa Surplus & Estate Auctions reserves the right, in its sole discretion, to (a) withdraw any listed Product(s) from our auction; (b) amend the information for a listed Product (without any legal obligation to do so); or (c) cancel any proposed bid for listed Product(s) that Iowa Surplus & Estate Auctions deems to be suspicious or fraudulent and report such bid to applicable authorities 45)If you have items that have been here for longer than 30 days, THEY WILL BE RESOLD FOR STORAGE FEE! Or deemed abandoned. Unless other Arrangements have been made!! Pick your items up on pick-up days, or let us know if you need a couple of days or if storage fees must be paid. Storage is $25 daily to store and hold items past sale pickup days. If you don't pay for shipping, storage, or pick-up items on approved days, you still waive the right to refund or chargebacks as you failed to meet the auction terms by not paying for shipping, storage, or items in person. Please be prompt and follow the rules and directions. While we understand that sometimes stuff comes up, we have policies to protect everyone, and communication is the best way to avoid losing and forfeiting items. 46) This is an online, internet-only, timed auction soft close auction. All bidding activity will take place online. When bidding, just enter your maximum bid. The system will bid on your behalf using only what it needs to keep you in the lead. This feature is the surest way to win the items you're interested in at the lowest possible price. We have a two-minute soft close policy on each lot. This means that if a bidder enters a bid within two minutes of the lot’s initial closing time, a two-minute extension would be added on. The lot will not close until bidding is static for two minutes. Last Updated May 1st, 2024. Iowa Surplus & Estate Auctions.