Lot # : 125 - Holiday & Kitchen Ware

By registering for this auction you agree to the following terms and conditions. This is a legal binding contract between you, referred to as the “Bidder” and Coughlin Estate Sales referred to as the “Auction House”. 1. Item Condition: The bidder acknowledges all items are sold “AS-IS” and “WHERE IS”. The Auction Houses makes no guarantee to the condition or usability of items up for auction. The Auction House will make its best effort to write accurate descriptions of each items up for auction. This is a service provided to the Bidder. The Bidder does not hold the Auction House responsible for bidding and winning items that are broke, defected, or damaged in same way. The Auction House strongly recommends that each Bidder attends the preview days provides so they can inspect each item they wish to bid on. 2. Loading Items: The bidder agrees to bring help to load larger items. The Auction House DOES NOT provide help for loading large items into vehicles or trailers. The Auction Houses does not provide bags, paper, or other wrapping material when picking up lots of the Bidder has won. The Bidder must remove the items safely. The Bidders agrees to pay all costs associated with damages that may happen when the bidder and/or their helpers are moving items. In the event the Bidder damages anything while removing the items, their credit card on file will be charged for all costs associated with fixing said damages. If a representative from the Auction House helps load or pack up an item, the Bidder does not hold the Auction House or their representative liability for any damage to the items or property of any kind. 3. Picking Up, After Pick Up Fees, and Storage Fees: If the auction is not located at our auction house, there will be no storage available. The Bidder agrees to pick up the items on-time. The Bidder agrees to pick up all items listed on their invoice. If the Bidder, or representative/agent of the Bidder, cannot pick up the items during the pick-up date and times provided, PLEASE DO NOT BID on any items. If your items are not picked up and paid for by the times the auctions schedualed pick up has concluded, there will be a Storage Fee added to the Bidders invoice. The mininum fee for this is $20. This fee covers our time to move and store your items for up to 5 business days. If you choose not to pick up your items after 5 business days, they will be considered abandoned with no refunds given. In this case, there will be a mininum charge of $5 per lot ($25 for furniture) to dispose of or to relist those items. Any additional storage, if approved by Auction House, will be assessed at a rate of $5 per day per lot. These charges will automatically be charged to the card on file at the end of each month. If the card on file is declined, and the Bidder does not take action by picking up their items and paying their invoice in full, Coughlins will take legal action at some point in the future and/or send the bill to collections. Once in collections, you waive your right to the items won at auction, and your bill must be handled through the collection department. 4. Payment: You agree to pay for your entire invoice in full. After the auction has been completed, the Auction House is going to charge the card on file for the items. If you are paying CASH Please put the words CASH in notes to the auctioneer’s section of the registration. For invoices more than $2000, the bidder will pay via bank wire transfer. We may charge the card on file for a deposit any invoice if we choose. Failure to pay for your entire invoice will result in the auction house taking legal action against the full invoive amount plus any other storage and/or removal fees. 5. Buyer’s Premium and Sales Tax: The Bidder understands that each item up for auction will have a buyer’s premium of 18% added to the price of each item. When placing a bid please take the buyer’s premium into account and bid according. This means that if an item is sold at $100, the buyer’s premium would $18, and your total would be $118 (not including Michigan’s 6% sales tax). 6. Sales Tax: There will be sales tax of 6% added to every lot won. If you have a sale tax license, we must recieve the license before the auction has closed. Email it to Justin@CoughlinEstateSales.com. We can not refund sales tax after we have taken payment. 7. Text Messaging Services: The Auction House may send reminder texts to bidders about auction information to the phone number used to register with. You are responsible for all of your carrier charges and data. 8. Inspection/Preview Day: To view the items contact the Auction House at sales@coughlinestatesales.com. We strongly recommended every person bidding on items to preview the items in operson before bidding. Please note, the Auction Houses will not give refunds or returns for Bidders who bid and win items, but unhappy with the condition of those items. 9. Info Changes: The Bidder agrees to let the Auction Houses know of any changes with their contact information or credit information as soon as the Bidder knows. 10. Bidding Errors and Software Malfunctions: In the event you have made an error bidding, the Bidder must contact the Auction Houses immediately. Bidding errors can not be fixed after the bidding has closed on those items. If you have made a bidding error on the last day of the auction, we may not be able to fix those issues as we may not see your request before the auction closes. In the event we can not fix those issues on the last day of the auction, you will resonsible to pay your invoice amount. The Auction Houses will not assume any bid is an error. In the event there is a malfunction within the software and/or bidding the Auction Houses is using, the Bidder will not hold the Auction House accountable. 11. Lot Removal: We reserve the right to remove any lots or items from the auction even if their are bids already placed on those items. We can do this anytime without notice including, but not limited to after the auction has concluded. 12. Staggered Closing and Soft Closing: The Auction Houses uses staggered closing which means that lots close within seconds of each other giving everyone a chance to view each item closing in real time. The Auction Houses also uses soft closing, which means that an auction item ends only after a specific time without any additional bids. This prevents against sniping and giving every bidder a fair chance at winning that item. 13. Bidder Notification: If the Bidder has won any items at the auction, the Auction House will notify them via email to let them know the items they have won and amount they owe. This is the only contact the Bidder will receive from the Auction Houses. Please make sure you check your email after the auction has closed. In the event the Bidder won an item at the auction and do not receive this email contact the auction house at 586-210-8318. Please check your spam file if you do not find it. 14. Third Party Liability: The Bidder will not hold the Auction House liable for any action done by a third party. This includes, but not limited to actions done by the fellow Bidders, Auction Houses clients, friends and family of the clients of the Auction Houses, or any person who commits a crime (I.E. breaking in an stealing or vandalizing auction lots) before, during, or after the auction has finished. 15. Auction House Liability: The bidders agree to not hold the Auction Houses responsible for any damages or injury that may happen when attending the inspection/preview day or auction pick up days. The Auction Houses asks the Bidder to watch their step inside the auction areas, as there may be some elevation changes or steps. The Bidder also will not hold the auction house liable for any damages or injury that results from the items won at auction. 16. Legal Recourse: In the event an issue arises between the Bidder and Auction Houses, the Bidder must take all disputes to mediation rather than litigation to resolve their dispute. The Bidder agrees to choose a venue located within Macomb County. The Bidder agrees that their dispute cannot be combined with any other person or party. The bidder agrees to pay for all mediation costs regardless of the outcome. The Auction House reserves the right to use all legal means, including but not limited to, small claims court, to receive monetary damages resulting from actions of the Bidder. 17. Client Rights: The clients of the Auction Houses have the right to bid on and win any items they have put to auction. The Clients agree to pay for all items and buyers premiums associated with any lots they have won. 18. These Terms and Conditions can be changed at any time without notice. Please read these terms and conditions each time you register for one of our auctions. These terms and conditions supersede any other agreement between you the Bidder and the Auction House has made in the past or present. 19. You are bidding on what is described. There may be items in the background, but those are not included in the lot unless told otherwise. 20. If we are holding the auction at our warehouse, and you miss the pick-up window but still wish to pick up your items, there will be a storage fee of $5 per lot per day. After 1 week from the time the pick-up windows, you forfeit the right to those items, and your credit card on file may be charged for the items and fees (including storage fees). We also reserve the right to enforce the rest of our terms and conditions. 21. Contact Information: (586)-210-8318 Justin Coughlin Sales@CoughlinEstateSales.com www.CoughlinEstateSales.com 22. Retail Items: Items may have a line cross out through any tag or barcode after photos have been taken. We will do this after photos have been taken. This is to make sure items cannot go through the return process again. Furthermore, the Bidder agrees to not return any items bought through our auction to any retailer. 23. Contest Rules: In order to be entered into the contest, you must register for the specific auction with the giveaway notice. We will only pick one person at random from this list of those who registered. If you are the winner, you must pick up your item during the pick-up hours. No late pick ups. If the item is not picked up during this time, the item is forfeited. No shipping available. Only 1 person will win. 24. Covid-19: The Bidder will hold the Auction House harmless for any illness and/or virus they may get while visiting the Auction House, seller’s estate, attending any auction related event, or any event in relation to the auction (example: getting gas on the way to pick up items. In the event of a Covid exposure or positive testing, the Auction House may extend out the auction or post-pone pick up until its safe for pick up. 25. Credit Card Disputes: You agree to not conduct a credit dispute in the event the Auction House charges your card for a partial or full payment, and you do not pick up your items. In the event the Bidder disputes a charge on their credit card from the Auction House, Bidder agrees to pay the Auction House $200 fee to cover the cost of the dispute and time associated with fighting it. 26. Shipping:You do not need to contact us if your out of state and need shipping. We will assume you need shipping for all out of state zip codes and if we have any questions, we will reach out. If you need shipping and you are local, you will need to reach out to us and let us know. All shipping policies are below: SHIPPING CAN GET EXPENSIVE. WE ENCOURGE YOU TO READ OVER OUR SHIPPING POLICIES BEFORE BIDDING. We charge for labor, packing supplies, insurance, and price of the label itself. We do not provide quotes for shipping. We can provide a labor quote only if you are winning bidder on that item after the auction is over. Cost of Labor: We charge a minimum of $15 per lot in labor. If your lots are: large, bulky, breakable, lots of small items, lots of large items, or require any additional or special work, this labor portion will rise. Cost of Packing supplies: These are on a per box basis, and the pricing below is in addition to the labor pricing. Envelope: $2 each USPS Boxes: $5 for packing supplies and tape (free box) Small to Medium sized USED boxes: $5 for box, and packing supplies (bubble wrap, cushions (if used), and/or peanuts. UHaul Lamp Box: $17 for box, and packing supplies (bubble wrap, cushions (if used), and/or peanuts. U-Haul Mirror Box: $23 for box, and packing supplies (bubble wrap, cushions (if used), and/or peanuts. NOTICE: If we are using this style box is because we shipping something large and flat like paintings, prints, mirrors, ect. For these, we charge $75 in labor plus the cost of shipping, insurance, and materials. U-Haul or Home Depot Medium or Large Box: $15 for box, and packing supplies (bubble wrap, cushions (if used), and/or peanuts. Custom Box: Pricing will vary and depends on how long it takes us to source the box and/or make the box, and will depend on materials used for packing. Freight: We don’t offer freight shipping in-house. If you purchasing very large items that need to be created and sent via freight, you can contact Craters and Freighters for a quote at 586-268-4102. You are responsible for all shipping costs with them. We charge $25 for the time it takes to work with them, and up to 1 week of storage until they can pick up your items. (These costs are on a per box basis, regardless of how many lots you have won or how much packing material was used.) Flat Rate Labor Pricing on Paintings and Prints: For any painting, print, or anything similar, we charge $75 in labor plus the cost of shipping, insurance, and materials as outlined above. Additional Options: Removing prints from frames: $50 (if possible, as some mats are glued to the print). If we attempt and it cant be done without damaging the print, there is still a $50 fee and we are nor responsible for damage done to the art piece. Meeting a shipping of your choice to pick up large/bulky items: $25 For international shipments, you are responsible for all taxes associated with the shipment of the items to you. Shipping Discount: If you purchase multiple small lots (like jewelry, coins, signed flats, or anything else that fits into a USPS large box and not breakable, we will provide a discount on our labor at a new rate of $10 per lot in labor plus the cost of shipping, insurance and materials. If we have to use 2 or more boxes, no discount applies. We use our own labels, and will not allow you to send your own label. We are not responsible for any tariffs or country taxses when items are shipped outside of the country. How Shipping insurance works: Every package we send out will have insurance on. In the event something gets damaged, lost, or stolen after delivery, Coughlin’s is not responsible. We will be able to file a claim with the insurance provider, however it is up them if the claim gets approved and for how much the claim will get approved for. Please contact us within 24 hours of delivery and send up photos of the damage CustomerSupport@CoughlinEstateSales.com. Labor and shipping materials (boxes, bubble wrap, ect.) costs are not covered by the shipping insurance. You have to provide us with photos of the box, damage, and the box certificate on the outside of the box. 27. The Bidder agrees to read all of the informational lots (typically the first few lots of every auction). These lots contain important info regarding the auction. 28. Buying a Firearm: As an Federal Firearm license (FFL) when you purchase a firearm from us at auction we will run a background check on the buyer. In the event you get denied from an backround check, we will have to re-auction off the firearm. At this point, you become a client of Coughlin's. We will charge 40% commission on the sale of that firearm. ONLY BID IF YOU KNOW WITH 100% CERTINITY THAT YOU WILL PASS THE CHECK, AS NO REFUNDS WILL BE GIVEN IN THE EVENT YOU CAN NOT LEGALLY PASS THIS CHECK. 29. Firearm Transfer Fee: There is a $20 transfer fee for each firearm sold and will be added to your invoice. (example: you buy 5 firearms you pay $100 in transfer fees). This fee is in addition to the buyers premium, tax, and any shipping fees (if applicable). This applys to FFL to FFL transfers as well. 30. Michigan Firearm Laws: Michigan has passed new firearm laws and we will abide by all new laws passed. Please look into the laws and make sure you can pass all michigan background checks and recieve permits needed before bidding on any firearms at auction. 31. Special Info about On-Site Auctions: You must pick up all items during the pick up windows outlined in the auction detail pages. Any items that need picked up after this window must be approved by us, and subject to a $50 per hour fee (min. 1 hour) for a member of our team to meet with on location. If any item you buy requires electrical lines, plumbing lines, or any iother speciality work done, you will hire and pay for a licensed person to do those tasks. No unlicensed person will be able to do those tasks. 32. You agree to all terms outlined in the first set of info lots of each auction.