Auction Terms & Conditions Terms and Conditions of the Sale:
All items are offered for sale at the Auction subject to the following Terms and Conditions of Sale, which, combined with each Auction's specific terms as posted in the details on the web.
1. Notice given that Flatwoods Vintage, LLC has the right in accordance with Tennessee State law to bid on this and any other auction for their purpose or on behalf of the Property owners or the estate.
2. All items are being sold As-Is with no warranty - Flatwoods Vintage shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot, and comes with no warranty. An on-site inspection, or Preview, of all items being auctioned off will be held prior to the auction closing and is recommended so you can inspect items to determine functionality, age, and condition for yourself.
Also Flatwoods Vintage makes every effort to provide accurate information about the items being sold. However, neither Flatwoods Vintage nor its Client will assume responsibility for Buyer's bidding errors. It is Buyers' full responsibility to confirm the accuracy of items offered for sale by auction. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read full descriptions, and ask questions if you are unclear. When in doubt, please bid accordingly. You can see Preview information in Auction Details of each auction. In most cases, Previews are held by appointment only, and will need a scheduled appt.
3. Bidder understands and agrees that this agreement and all rights of the parties, shall be governed by the State of Tennessee and any action brought by either party shall be brought in the Courts of the State of Tennessee. In the event that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of Tennessee govern the parties agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place in the State of TN in the Cocke County, Newport TN area..
4. ALL SALES ARE FINAL- A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.
5. Absence of Warranties- All items are won/purchased and accepted by Buyer "AS IS", "WHERE IS" and "WITH ALL FAULTS". Flatwoods Vintage OR ITS CLIENTS MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT. In the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of that warranty.
6. Bidder's Number-The bidder's number is non transferable. They are created at the moment buyer registers for each auction. All bids, online or in-house, made using the bid number will be the responsibility of the Buyer.
7. Failure to remove- The following circumstances shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to Flatwoods Vintage without further notice to Buyer. Flatwoods Vintage shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer's obligations hereunder. If the item(s) are not claimed by the buyer with the provided grace period of three (3) business days, the items will be deemed abandoned and become the sole property of Flatwoods Vintage, LLC. List: a. Items are not retrieved from the specified pick up location on designated pick-up day provided in the Auction Details and have an Unpaid Invoice. b. Paid Item(s), requested to be held or transferred, and to be picked up on a future date are subject to a $10 MINIMAL storage fee or transfer fee. c. IF Paid Item(s) had been requested to be transferred or held at our office, they must be picked up within three (3) business days. d. Any winning bidder(s) in need of shipping that have an unpaid invoice after two (2) business days.
8. Buyer's Premium. Buyer's premium is 16% with a 3% extra charge if using credit cards.
9. For Local bidders- You will have the option of paying with cash, or card on specified days of pick up. We accept all major credit cards.
10. NONPAYMENT- If you are local and do not show up on pick up day to pay or your credit card payment is declined, you will have two (2) days to contact the office and pay with a valid credit card. If payment has not been successfully received within two days your item(s) will be forfeited.
11. Any Personal Information- It is vital that your personal information (name, address, phone number, and email) are correct. We ship and contact using that information and if it is not correct, delays will occur. Flatwoods Vintage is not responsible for correcting your information and is not responsible for any delays or incorrect delivery of items due to incorrect personal information. Please contact the office if you would like to verify your information.
12. As a Buyer it is up to you to pay all shipping charges if shipping is available.
13. Most auctions do not have shipping available on every item. Each item will be clearly marked at the top right corner with a truck for shipping and a redline thru truck for non-shipping. Please pay close attention to this when placing bids. Items marked for non-shipping are due to the nature of the item - either Large, extremely fragile, freight shipping, flammable, etc. If you still desire to have those items shipped, then you will need to arrange shipping. Buyer has 3 business days to contact the office with shipping arrangements (name of shipper, contact information, and pickup timeline). Furniture, large signs, or extra large pieces may require freight (anything over 110 lbs packaged). If freight or third party shipping is needed, it is the responsibility of the buyer to coordinate and pay for all shipping. Please contact us prior to bidding with any shipping questions. Any buyer who fails to provide this information will fall under: Failure to Remove Items.
14. Non-Payment of Shipping- If the buyer selects shipping but then refuses or does not pay for shipping, Flatwoods Vintage will not refund the purchase for any reason.
15. INTERNATIONAL BUYERS- You are responsible for any and all customs fees in addition to the regular shipping cost.
17. Shipping process and time- Payment for the item(s) are processed first. Items that are selected for shipping will be brought to the shipper after payment has been made. Our shipper will contact you directly for shipping payment. Shipping processing can take 4-10 business days. If you need faster shipping, please let the shipper know when they contact you.
18. State Taxes- All Tennessee residents must pay sales tax unless a Tax Exemption form is on file with Flatwoods Vintage prior to paying for your items. If you are from out of state, a form can be emailed to flatwoodsvintage@gmail.com. If you do not have your form with you at your first pickup, then you will have to pay taxes.
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