Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE – AGREEMENT BETWEEN BITCOIN DISPOSAL AND BIDDER
BY EITHER REGISTERING TO BID OR PLACING A BID, THE BIDDER ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH BITCOIN DISPOSAL.
The following terms and conditions constitute the sole terms and conditions under which Bit Coint Disposal will offer for sale and sell the property described in the Catalog. These Conditions of Sale constitute a binding agreement between the Bidder and Bit Coin Disposal with respect to the auction. By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.
NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE "CONDITIONS OF SALE" EITHER PRINTED IN THE CATALOG OR ON-LINE, AS WELL AS THE TERMS OF THE REGISTRATION FORM. BY PLACING ANY BID, THE BIDDER REPRESENTS AND WARRANTS TO BITCOIN DISPOSALl THAT HE OR SHE HAS FULLY REVIEWED AND AGREES TO BE BOUND BY ALL OF THESE "CONDITIONS OF SALE" AND THE TERMS OF THE REGISTRATION FORM. WITHOUT SUCH REPRESENTATION, WARRANTY AND AGREEMENT, BITCOIN DISPOSAL WOULD NOT PERMIT THE BIDDER TO BID.
Bidder and Bitcoin Disposl agree that any agreements between the Bidder and Bitcoin Disposl including but not limited to these Conditions of Sale are entered into in Boston Massachusetts, Suffolk County, which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both Bitcoin Disposl and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by Boston Massachusetts, Suffolk County law, and that any and all claims or actions shall be brought and maintained only in Boston Massachusetts, Suffolk County. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. The Bidder hereby consents that any dispute shall be presented in confidential binding arbitration before a single selected Arbitrator selected by the American Arbitration Association. The Bidder and Bitcoin Disposl herby agree that the dispute shall go to binding arbitration in accordance with the commercial rules of the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The Commonwealth of Massachusetts. Any dispute, claim, cause of action must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. After one (1) year, the Bidder hereby releases and discharges Bitcoin Disposl from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against Bitcoin Disposl arising from or relating to any claim whatsoever. Both Bidder and Bitcoin Disposl agree that these provisions are intended to be binding on all parties in the event of any dispute specifically including third party claims and cross-actions brought by either Bitcoin Disposl or Bidder, and that absent such agreement, Bitcoin Disposl would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle Bitcoin Disposl to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The Bidder hereby agrees that Bitcoin Disposl shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties' agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. An award granted in arbitration is enforceable in any court of competent jurisdiction. The arbitrator's award may be enforced in any court of competent jurisdiction. This agreement and any claims shall be determined and construed under Boston Massachusetts, Suffolk County law.
Bitcoin Disposl is in compliance, to the fullest extent possible, with Boston Massachusetts, Suffolk County procedures regarding the bonding of auctioneers.
Auctioneer and Auction:
1. This Auction is presented by Bitcoin Disposl, as identified with the applicable licensing information on the title page of the catalog or on the www.bitcoindisposal.com Internet site (the "Auctioneer"). The Auction is conducted under these Terms and Conditions of Sale and applicable state and local law. Announcements and corrections from the podium at live auctions and those made through the Terms and Conditions of Sale appearing on the Internet at bitcoindisposal.com.
2. "Bidder" or "Bidders" shall mean the original Bidder of the property from Bitcoin Disposl and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to Bitcoin Disposl prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.
3. The rights granted to Bidders under these Terms and Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred on any Bidder by these Terms and Conditions of Sale.
4. Bids will not be accepted from minor persons under eighteen (18) years of age without a parent's written consent containing an acknowledgment that the Terms and Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder.
5. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of Sale.
6. All Bidders must meet Auctioneer’s qualifications to bid. Any Bidder who is not a client in good standing of Bitcoin Disposl may be disqualified at Bitcoin Disposl’s sole option and will not be awarded lots. Such determination may be made by Bitcoin Disposl in its sole and unlimited discretion, at any time prior to, during, or even after the close of the Auction. Bitcoin Disposl reserves the right to exclude any person from the auction.
7. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
8. By accepting the Terms and Conditions of Sale, Bidder personally and unconditionally guarantees payment. If the Bidder is a corporation, the officers, directors, and principals of the corporation hereby agree to personally and unconditionally guarantee payment as part of the corporation's agreement to bid. The authorized representative of any corporate Bidder who is present at the sale shall provide Bitcoin Disposl or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by each principal, director and officer that they each personally and unconditionally guarantee any payment due Bitcoin Disposl.
11. By submitting a bid, whether online, in person, by mail, by phone, by facsimile or through an employee or agent, the Bidder acknowledges (i) receipt of the catalogue, (ii) that the Bidder has read the Terms and Conditions of Sale and the descriptions for the lots on which they have bid, and (iii) that they agree to adhere to these Terms and Conditions of Sale.
12. Each Bidder's determination of its bid should be based upon its own examination of the item(s), rather than the strict reliance as to what is represented in this Catalogue, online or elsewhere. In any purchase or sale, the value of the item(s) is determined by the price. THE BIDDER HEREBY ASSUMES ALL RISKS OF VALUATION CONCERNING ANY AND ALL PURCHASES.
13. Bitcoin Disposl IS NOT RESPONSIBLE FOR ERRORS IN BIDDING. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (plus the 22.5% Buyer’s Premium) that the Bidder is willing and able to pay. Since other Bidders (by mail, facsimile and in person) will be present, and since a re-offering could damage the momentum of the sale, once the hammer has fallen and the Auctioneer has announced the winning Bidder, such Bidder is unconditionally bound to pay for the lot, even if the Bidder has made a mistake.
19. By bidding in this sale, Bidder personally and unconditionally guarantees payment. If the Bidder is a corporation, the officers, directors, and principals of the corporation hereby agree to personally and unconditionally guarantee payment as part of the corporation's agreement to bid. The authorized representative of any corporate Bidder who is present at the sale shall provide Bitcoin Disposl or its agent, prior to the commencement of the bidding (or at the time of registration), with a statement signed by each principal, director and officer that they each personally and unconditionally guarantee any payment due Bitcoin Disposl.
25. In internet only Auctions, bids on an item must raise the current high bid by at least 10%. Bids will be accepted in bitcoins amounts only. No "buy" or "unlimited" bids will be accepted. In a live sale, bids on an item can change at the discretion of the auctioneer.
26. Bitcoin Disposl reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless the Auctioneer directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). Bidders participating in both live and online auctions acknowledge that the law provides for substantial penalties in the form of treble damages and attorneys' fees and costs for those who violate these provisions. For live auctions the auctioneer will have final discretion in the event that any dispute should arise between bidders. The auctioneer will determine the successful bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. Bitcoin Disposl will have final discretion to resolve any disputes arising after the sale and in online auctions. If any dispute arises our sale record is conclusive.
28. Payment is due upon closing of the Auction session, or upon presentment of an invoice. Auctioneer reserves the right to void an invoice if payment in full is not received within thirteen (13) calendar days of the auction or within twelve (12) calendar days of the invoice date. In cases of nonpayment, Auctioneer's election to void a sale does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and buyer's premium) on the lot and any other damages pertaining to the lot.
29. All sales are strictly for cash in Bitcoins. All deliveries are subject to good funds; funds being received in Bitcoin Disposl's account before delivery of the Purchases; and all payments are subject to a clearing period.
30. In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via Check and the financial institution denies the transfer from Bidder's bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.
31. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a one and one-half per cent (1.5%) late fee on the invoice amount. If the Auctioneer refers any invoice to an attorney for collection, the buyer agrees to pay attorney's fees, court costs, and other collection costs incurred by Auctioneer. If Auctioneer assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
34. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the buyer to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.
Delivery; Shipping; and Handling Charges:
36. Bidder is liable for shipping and handling. Auctioneer is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Bidder agrees that Service and Handling charges related to shipping items which are not pre-paid may be charged to the credit card on file with Auctioneer.
37. Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to the Auctioneer for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item'(s) hammer price together with its buyer's premium and Auctioneer shall use the correct harmonized code for the lot. Domestic Buyers on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
38. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by Bitcoin Disposl but fully subject to Buyer's compliance with all of the terms of the Conditions of Sale and the Registration Form.
39. Bitcoin Disposl reserves the right to withdraw any lot before or at the time of the auction, and/or to postpone the auction of all or any lots or parts thereof, for any reason. Bitcoin Disposl shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Bitcoin Disposl reserves the right to refuse to accept bids from anyone.
Conducting the Auction:
40. Bitcoin Disposl reserves the right to postpone the auction sale or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
53. Bitcoin Disposl does not provide any warranties to Bidders or Buyers, whether expressed or implied, beyond those expressly provided for in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither Bitcoin Disposl nor the consignor makes any representation or warranty, expressed or implied, as to merchant ability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Bitcoin Disposl nor the consignor makes any representation or warranty, expressed or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. Bitcoin Disposl does not make any representation or warranty as to title.
54. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Generally Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by Bitcoin Disposl to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
59. Under no circumstances is any employee, agent or representative of Bitcoin Disposl authorized by Bitcoin Disposl to modify, amend, waive or contradict any of these Terms and Conditions of Sale, any term or condition set forth on the Registration Form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by Bitcoin Disposl unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of Bitcoin Disposl to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on Bitcoin Disposl, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of Bitcoin Disposl.
60. Under no circumstance will Bitcoin Disposl incur liability to a Bidder in excess of the purchase price actually paid. The terms and conditions of sale herein described shall be enforced in accordance with, and governed by the laws of The Commonwealth of Massachusetts.
sections to which they refer.
65. These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Bitcoin Disposl or acting as agent or representative of Bitcoin Disposl may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties
66. If any section of these Terms and Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
67. These Terms and Conditions of Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of The Commonwealth of Massachusetts, whether or not the auction is and these Terms and Conditions of Sale are fully performed in Boston Massachusetts, Suffolk County.
AUCTION GENERAL GUIDELINES
Conditions of Sale:
Before you bid, you must read the Terms and Conditions of Sale, immediately preceding these pages. They represent a contract between Bitcoin Disposl and you, and they contain important terms and conditions such as jurisdiction, payment terms, warranties and remedies. The Conditions of Sale are controlling over these general guidelines in the event of any conflicts between their respective terms.
The reserve is the minimum price the seller is willing to accept and below which a lot will not be sold.
Owned or Guaranteed Property:
Bitcoin Disposl generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of Bitcoin Disposl.
Bidding Live Auction:
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with Bitcoin Disposl in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
Bids on an item must raise the current high bid by at least 10% or at the discretion of the auctioneer.
Bidding - Internet Auction:
To ensure proper registration, those Bidders intending to bid via the Internet must visit www.bitcoindisposal.com and register accordingly at least one full day prior to the actual auction. If you have questions about this feature, please call Bitcoin Disposl well in advance of the auction. Winning bidders will be notified by Bitcoin Disposl. Bitcoin Disposl is not and cannot be responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
The fall of the auctioneer's hammer indicates the final bid. Bitcoin Disposl will record the paddle number of the buyer. If your salesroom or absentee bid is successful, you will be notified after the sale by mailed or emailed invoice
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the consignor. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.
After the Auction - Payment:
You are expected to pay for your purchases in full within thirteen (13) calendar days of the auction or within twelve (12) calendar days of the invoice date.
Additional Cataloging, Warranties and Disclaimers:
NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description of the items or second opinion contained in this Auction is for the sole purpose of identifying the items for those Bidders who do not have the opportunity to view the lots prior to bidding, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by Auctioneer. Color variations can be expected in any electronic or printed imaging, and are not grounds for the return of any lot.
Auctioneer is selling only such right or title to the items being sold as Auctioneer may have by virtue of consignment agreements on the date of auction and disclaims any warranty of title to the Property. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes. All images, descriptions, sales data, and archival records are the exclusive property of Auctioneer, and may be used by Auctioneer for advertising, promotion, archival records, and any other uses deemed appropriate.r