Details
We are pleased to offer the personal property of the Living Estate of Ed & Billie Moody. This well respected and much loved couple took exceptional care of their belongings. They were collectors for more than 60 years! The workshop is full of fantastic tools and the house is full of wonderful collectibles. Don't miss this sale!
Terms and Conditions
FEES:
Buyers Premium: A 15% buyers premium is added to every purchase. A 10% buyers premium is added to vehicles. A 3% convenience fee will be added for credit card purchases.
REMOVAL/PICK-UP
Pick up address is at 11688 Mount Calm Dr., Glade Spring, VA beginning at 9:00 am on Saturday September 14.
NOTE: Adherence to pick up times listed is essential. If you are unable to meet your assigned pick up time you should call Gilda to schedule an alternative time. 276-685-1502
Removal times by alphabetical order of buyers last name. Buyers are responsible for bringing sufficient help and equipment to safely remove large or heavy items from their location without causing damage to the property of others or to the building/s and grounds where they sit. Repairs and/or reparations for damage to personal property or real estate will be the sole responsibility of the person/persons causing the damage.
Buyers who have purchased large lots must bring boxes, tools, manpower, and equipment to remove the items. No one is allowed in the garage or the house without a member of Counts Auction staff.
Buyers A-D 9:00 -10:00AM
Buyers E-H 10:00-11:00
Buyers I-L 11:00 - NOON
Buyers M-P NOON - 1:00
Buyers R-S 1:00 - 2:00
Buyers T-Z 2:00 - 3:00PM
Items requiring vehicle registration are subject to state taxes and registration fees.
SHIPPING
Arrangements for and all expenses associated with shipping are the sole responsibility of the buyer. Shipping must be arranged and paid before pickup date. Failure to make arrangements for shipping will result in forfeiture of item and no refund will be made.
FIREARMS
ALL GUN SALES ARE FINAL. All firearms sold in this auction are subject to all state and federal firearm laws. Any infraction of the firearm laws will be reported to local law enforcement and the ATF. You must be 18 years old or older to purchase rifles or shotguns and 21 years old or older to purchase a handgun. Handgun sales to out of state buyers are prohibited by Virginia law.
All sales of modern firearms require registration through a Federally Licensed Firearms Dealer in Virginia. Firearms in this sale will be processed by First Pawn, 1340 E Main St, Wytheville, VA 276-223-0284. Virginia residents purchasing a modern firearm must complete a Virginia State Police background check and pay a $20 processing fee for each firearm purchased in this sale. The only exceptions are holders of a Federal Firearms License or a Curio & Relic Collector License. Assault rifles and accessories may require additional identification per state or federal law.
Out of state buyers of firearms are responsible for knowing their state laws, regulations, bans, and shipping requirements. Out of state buyers of modern long guns must complete the background check required by their state. That fee is $30 with additional fees for multiple guns to be determined by our FFL dealer. Out of state buyers of modern long guns are responsible for shipping costs and locating an FFL dealer in their state to accept their purchase in coordination with our FFL dealer.
Only the registered bidder is able to pay for and pickup firearms. Antique (pre-1899) firearms may be picked up at the auction site without background check or processing fee. Modern firearms may be picked up at First Pawn, 1340 E. Main St., Wytheville, VA contingent upon background check and payment of fees. Any questions about the pickup of and/or background checks for modern firearms should be directed to our FFL dealer.
JEWELRY
Counts Auction makes no warranty or guarantee whatsoever regarding jewelry, colored stones, diamonds, metals, or status as natural, treated, earth mined, man made or other. Descriptions and photographs are offered as a service and are not intended to be analysis of the qualities and conditions of the jewelry. All identifications and information are opinions. No assessment will be made as to enhancement of any kind. Further evaluation of jewelry may be obtained at the expense of the prospective bidder through Cornett Jewelers , 124 E. Main St., Marion, VA. 24354 Telephone 276-783-5047. A representative of Counts Auctions will coordinate the this evaluation.
CLOCKS and WATCHES
Descriptions of clocks and watches are offered as a service and are not intended as an analysis of condition of function. Counts Auction makes no warranties or guaranties that any clock or watch is in working order.
BIDDING
You must be a registered user to bid on items. (Please see below.) By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus any shipping charges disclosed in the listing. If you are outbid, or your bid does not meet the reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract to buy the item, and to deliver payment within the time period specified (48 hours from auction closing). If you cannot pay please don’t bid. Your bids are final and non-retractable. We will not accept e-mail bids.
BIDDER REGISTRATION
All persons who wish to bid in the auction must register by creating an online account which includes providing a valid credit card. To register, the Bidder must provide all of the registration information requested, and sign the Agreement by checking the ‘I AGREE’ box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older and have a valid driver’s license. Counts Auction reserves the right to refuse to register or admit any person at its sole discretion. Invoices and correspondence relating to purchases will be sent in accordance with the information on the bidder’s registration. Your registration will be accepted but your information will be verified and your account may be disabled until the necessary information is provided to verify the account.
STARTING BID
Counts Auction will predetermine the number of Item(s) in an auction. Counts Auction will set the starting bid on each item. The Starting Bid is designed to encourage bidding. If an item is incorrectly described online, Counts Auction reserves the right to rectify such error and email to all active bidders the correct description.
EXTENDED BIDDING
For Real Estate Auctions: Counts Auction uses an “extended bidding” process to close all of our auctions. After 7:00 pm EST/EDT, for the current auction, the auction will continue for any lots that have multiple bids until there are no bids placed on any lots in the auction in a fifteen (15) minute time frame until 8:00 pm EST/EDT. You MUST place a bid on the lot in order to bid in extended bidding. Any lots with only one bid will close at the beginning of extended bidding.
For example, during “extended bidding”, if Item #1 receives a bid within the initial fifteen (15) minute time frame through 6:00pm EST/EDT, the auction is extended 15 minutes. All bidders are all on the same playing field and are all equipped with the information required to ensure that the only reason they do not win a given lot is they are not interested in the lot or the price for the lot went above their threshold. The auction is not closed until all bids have been made, and when the auction is closed, the high bidder on every lot is the person who is willing to pay the most for the item. This is precisely what auctions are supposed to accomplish. Counts Auction reserves the right to end the auction at any time in extended bidding.
RESERVE AUCTIONS
Unless explicitly stated otherwise by Counts Auction, each lot in an online personal property auction is being sold without reserve. Counts Auction maintains the right to withdraw any property before and during the sale of such property. All bids are raised in accordance with the bid increment scale.
RESERVE BIDDING
All lots in a Counts Auction online personal property auction are sold without reserve unless otherwise specifically stated in the item description. All Lots that are being sold with a “reserve,” a price below which the Lot will not be sold. Any bid submitted below the reserve price will not result in the purchase of a Lot. Reserves may be decreased or removed at any time.
BIDDER RIGHTS
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. If you have any questions, please contact Counts Auction immediately.
DISPUTES BETWEEN BIDDERS
In case of any dispute between bidders, Counts Auction, at its sole and complete discretion, will determine who is the winning bidder. If a dispute arises after the sale of any lot, Counts Auctions’ records shall be deemed conclusive in all respects.
INTERNET BIDDING
(A) Buyer acknowledges that Counts Auction does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that the Counts Auction may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Counts Auction .
(B) The website is administered by Counts Auction from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. Counts Auction will not accept bids from individuals who reside outside of the United States of America and its territories. If you access the website from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws.
(C) Counts Auction reserves the right to deny any person for any reason permission or access to bid online.
(D) Winning bidders will be notified via email at the auction close.
Counts Auction disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Counts Auction is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. Counts Auction reserves the right to request a deposit at any time for what Counts Auction considers excess bidding to continue to bid in a specified auction. The sale is complete when Counts Auction so announces.
TIME of the AUCTION
An auction starts and will close on the dates specified on the auction item’s detail page. This auction closes in a live auction format with items closing 4 lots per minute. If a bid is received in the last 60 seconds of an items listing the time will be extended for 60 seconds. This will continues until there are no bids received for 60 seconds. The auction has ended when Counts Auctions’ website indicates the auction is closed.
STOP PAYMENT/INSUFFICIENT FUNDS
Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
SALE BY LOTS
Counts Auction reserves the right to include in the auction any Lot and the right to withdraw any Lot prior to posting for bids at the beginning of the auction. Counts Auctions may combine, subdivide, regroup or reorganize any Lots.
AUTHENTICATION
Each Lot shall disclose what Authentication accompanies it (if any). The buyer should not bid on a Lot if he or she is uncomfortable with the authenticator. We will issue refunds on items, under certain conditions that have been legally found to be fraudulent, or unauthentic.
We are here to offer Customer Service to our clients and returns will be accepted under certain conditions which will be determined by the company. In our 30 years of experience, we have not had any issues. Items are sold with the Letter of Authenticity as described and items will not be refunded due to differing Authenticators and Authentication opinions
For cards and autographs appearing without professionally grading, we strive to accurately assess quality. However, does not guarantee their opinion and the Buyer assumes the risk. Counts Auction is not responsible if a professional evaluation disagrees with Counts Auctions’ opinion or with other Authenticators’ opinions.
PAYMENT
Payment in full must be paid by Buyer in the form of a cashiers check or major credit card (if you have a question about whether a credit card is accepted please call Counts Auction before the sale), prior to the delivery of any item purchased. Cashiers Checks are preferred. Counts Auction reserves the right to refuse credit card payments. Buyer shall pay the purchase price, shipping, and handling charges (if any), plus any and all applicable taxes unless such taxes are exempted by law (proof of exemption must be provided). If any Bidder/Buyer does not pay Counts Auction for any Item(s) within forty-eight (48) hours after the end of an Auction, Counts Auction has the right to force charge RE credit card on file. Counts Auction may offer the item(s) to the 2nd highest bidder for payment. If Auction does not have a 2nd highest bidder, the item may be relisted for sale online or added to another auction lot in the future. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges and at its sole discretion, Counts Auction may attempt to legally collect monies due and report non payment to a collection agency. All fees involved in collection, including but not limited to attorney fees, will be added to the amount due and are the responsibility of the bidder.
ACCEPTANCE of TERMS
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
BREACH of CONTRACT
If this Agreement, or any terms and conditions announced by Counts Auction, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Counts Auction may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. Counts Auctions’ commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMMUNITY AUCTIONS BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. COMMUNITY AUCTIONS’ LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO COUNTS AUCTION GROUP, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
SEVER ABILITY
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
INTERPRETATION
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
APPLICABLE LAW
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Virginia, Smyth County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Virginia In the event that the parties hereto, or anyone of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Smyth County, State of Virginia, or the United States District Court, located in the State of Virginia.
RETURN POLICY
All online items are sold in “as is” condition. No returns or exchanges will apply.
Terms and Conditions
Terms and Conditions
FEES:
Buyers Premium: A 15% buyers premium is added to every purchase. A 10% buyers premium is added to vehicles. A 3% convenience fee will be added for credit card purchases.
REMOVAL/PICK-UP
Pick up address is at 217 North St., Marion, VA beginning at 9:00 am on Saturday October 26
NOTE: Adherence to pick up times listed is essential. If you are unable to meet your assigned pick up time you should call Gilda to schedule an alternative time. 276-685-1502
Removal times by alphabetical order of buyers last name. Buyers are responsible for bringing sufficient help and equipment to safely remove large or heavy items from their location without causing damage to the property of others or to the building/s and grounds where they sit. Repairs and/or reparations for damage to personal property or real estate will be the sole responsibility of the person/persons causing the damage.
Buyers A-D 9:00 -10:00AM
Buyers E-H 10:00-11:00
Buyers I-L 11:00 - NOON
Buyers M-P NOON - 1:00
Buyers R-S 1:00 - 2:00
Buyers T-Z 2:00 - 3:00PM
Items requiring vehicle registration are subject to state taxes and registration fees.
SHIPPING
Arrangements for and all expenses associated with shipping are the sole responsibility of the buyer. Shipping must be arranged and paid before pickup date. Failure to make arrangements for shipping will result in forfeiture of item and no refund will be made.
FIREARMS
ALL GUN SALES ARE FINAL. All firearms sold in this auction are subject to all state and federal firearm laws. Any infraction of the firearm laws will be reported to local law enforcement and the ATF. You must be 18 years old or older to purchase rifles or shotguns and 21 years old or older to purchase a handgun. Handgun sales to out of state buyers are prohibited by Virginia law.
All sales of modern firearms require registration through a Federally Licensed Firearms Dealer in Virginia. Firearms in this sale will be processed by Scotty’s Gun Shop, 135 W. Main St., Chilhowie, VA 276-646-0200. Virginia residents purchasing a modern firearm must complete a Virginia State Police background check and pay a $25 processing fee for three firearm purchased in this sale. The only exceptions are holders of a Federal Firearms License or a Curio & Relic Collector License. Assault rifles and accessories may require additional identification per state or federal law.
Out of state buyers of firearms are responsible for knowing their state laws, regulations, bans, and shipping requirements. Out of state buyers of modern long guns must complete the background check required by their state. That fee is $30 with additional fees for multiple guns to be determined by our FFL dealer. Out of state buyers of modern long guns are responsible for shipping costs and locating an FFL dealer in their state to accept their purchase in coordination with our FFL dealer.
To pick up firearms you must have a paid invoice from Counts Auction. Only the registered bidder is able to register and pickup firearms. Antique (pre-1899) firearms may be picked up at the auction site without background check or processing fee. Modern firearms may be picked up at Scotty’s Gun Shop, Chilhowie, VA contingent upon background check and payment of fees. Any questions about the pickup of and/or background checks for modern firearms should be directed to our FFL dealer.
JEWELRY
Counts Auction makes no warranty or guarantee whatsoever regarding jewelry, colored stones, diamonds, metals, or status as natural, treated, earth mined, man made or other. Descriptions and photographs are offered as a service and are not intended to be analysis of the qualities and conditions of the jewelry. All identifications and information are opinions. No assessment will be made as to enhancement of any kind. Further evaluation of jewelry may be obtained at the expense of the prospective bidder through Cornett Jewelers , 124 E. Main St., Marion, VA. 24354 Telephone 276-783-5047. A representative of Counts Auctions will coordinate the this evaluation.
CLOCKS and WATCHES
Descriptions of clocks and watches are offered as a service and are not intended as an analysis of condition of function. Counts Auction makes no warranties or guaranties that any clock or watch is in working order.
BIDDING
You must be a registered user to bid on items. (Please see below.) By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus any shipping charges disclosed in the listing. If you are outbid, or your bid does not meet the reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract to buy the item, and to deliver payment within the time period specified (48 hours from auction closing). If you cannot pay please don’t bid. Your bids are final and non-retractable. We will not accept e-mail bids.
BIDDER REGISTRATION
All persons who wish to bid in the auction must register by creating an online account which includes providing a valid credit card. To register, the Bidder must provide all of the registration information requested, and sign the Agreement by checking the ‘I AGREE’ box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older and have a valid driver’s license. Counts Auction reserves the right to refuse to register or admit any person at its sole discretion. Invoices and correspondence relating to purchases will be sent in accordance with the information on the bidder’s registration. Your registration will be accepted but your information will be verified and your account may be disabled until the necessary information is provided to verify the account.
STARTING BID
Counts Auction will predetermine the number of Item(s) in an auction. Counts Auction will set the starting bid on each item. The Starting Bid is designed to encourage bidding. If an item is incorrectly described online, Counts Auction reserves the right to rectify such error and email to all active bidders the correct description.
EXTENDED BIDDING
For Real Estate Auctions: Counts Auction uses an “extended bidding” process to close all of our auctions. After 7:00 pm EST/EDT, for the current auction, the auction will continue for any lots that have multiple bids until there are no bids placed on any lots in the auction in a fifteen (15) minute time frame until 8:00 pm EST/EDT. You MUST place a bid on the lot in order to bid in extended bidding. Any lots with only one bid will close at the beginning of extended bidding.
For example, during “extended bidding”, if Item #1 receives a bid within the initial fifteen (15) minute time frame through 6:00pm EST/EDT, the auction is extended 15 minutes. All bidders are all on the same playing field and are all equipped with the information required to ensure that the only reason they do not win a given lot is they are not interested in the lot or the price for the lot went above their threshold. The auction is not closed until all bids have been made, and when the auction is closed, the high bidder on every lot is the person who is willing to pay the most for the item. This is precisely what auctions are supposed to accomplish. Counts Auction reserves the right to end the auction at any time in extended bidding.
RESERVE AUCTIONS
Unless explicitly stated otherwise by Counts Auction, each lot in an online personal property auction is being sold without reserve. Counts Auction maintains the right to withdraw any property before and during the sale of such property. All bids are raised in accordance with the bid increment scale.
RESERVE BIDDING
All lots in a Counts Auction online personal property auction are sold without reserve unless otherwise specifically stated in the item description. All Lots that are being sold with a “reserve,” a price below which the Lot will not be sold. Any bid submitted below the reserve price will not result in the purchase of a Lot. Reserves may be decreased or removed at any time.
BIDDER RIGHTS
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. If you have any questions, please contact Counts Auction immediately.
DISPUTES BETWEEN BIDDERS
In case of any dispute between bidders, Counts Auction, at its sole and complete discretion, will determine who is the winning bidder. If a dispute arises after the sale of any lot, Counts Auctions’ records shall be deemed conclusive in all respects.
INTERNET BIDDING
(A) Buyer acknowledges that Counts Auction does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that the Counts Auction may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Counts Auction .
(B) The website is administered by Counts Auction from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. Counts Auction will not accept bids from individuals who reside outside of the United States of America and its territories. If you access the website from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws.
(C) Counts Auction reserves the right to deny any person for any reason permission or access to bid online.
(D) Winning bidders will be notified via email at the auction close.
Counts Auction disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Counts Auction is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. Counts Auction reserves the right to request a deposit at any time for what Counts Auction considers excess bidding to continue to bid in a specified auction. The sale is complete when Counts Auction so announces.
TIME of the AUCTION
An auction starts and will close on the dates specified on the auction item’s detail page. This auction closes in a live auction format with items closing 4 lots per minute. If a bid is received in the last 60 seconds of an items listing the time will be extended for 60 seconds. This will continues until there are no bids received for 60 seconds. The auction has ended when Counts Auctions’ website indicates the auction is closed.
STOP PAYMENT/INSUFFICIENT FUNDS
Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
SALE BY LOTS
Counts Auction reserves the right to include in the auction any Lot and the right to withdraw any Lot prior to posting for bids at the beginning of the auction. Counts Auctions may combine, subdivide, regroup or reorganize any Lots.
AUTHENTICATION
Each Lot shall disclose what Authentication accompanies it (if any). The buyer should not bid on a Lot if he or she is uncomfortable with the authenticator. We will issue refunds on items, under certain conditions that have been legally found to be fraudulent, or unauthentic.
We are here to offer Customer Service to our clients and returns will be accepted under certain conditions which will be determined by the company. In our 30 years of experience, we have not had any issues. Items are sold with the Letter of Authenticity as described and items will not be refunded due to differing Authenticators and Authentication opinions
For cards and autographs appearing without professionally grading, we strive to accurately assess quality. However, does not guarantee their opinion and the Buyer assumes the risk. Counts Auction is not responsible if a professional evaluation disagrees with Counts Auctions’ opinion or with other Authenticators’ opinions.
PAYMENT
Payment in full must be paid by Buyer in the form of a cashiers check or major credit card (if you have a question about whether a credit card is accepted please call Counts Auction before the sale), prior to the delivery of any item purchased. Cashiers Checks are preferred. Counts Auction reserves the right to refuse credit card payments. Buyer shall pay the purchase price, shipping, and handling charges (if any), plus any and all applicable taxes unless such taxes are exempted by law (proof of exemption must be provided). If any Bidder/Buyer does not pay Counts Auction for any Item(s) within forty-eight (48) hours after the end of an Auction, Counts Auction has the right to force charge RE credit card on file. Counts Auction may offer the item(s) to the 2nd highest bidder for payment. If Auction does not have a 2nd highest bidder, the item may be relisted for sale online or added to another auction lot in the future. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges and at its sole discretion, Counts Auction may attempt to legally collect monies due and report non payment to a collection agency. All fees involved in collection, including but not limited to attorney fees, will be added to the amount due and are the responsibility of the bidder.
ACCEPTANCE of TERMS
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
BREACH of CONTRACT
If this Agreement, or any terms and conditions announced by Counts Auction, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Counts Auction may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. Counts Auctions’ commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMMUNITY AUCTIONS BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. COMMUNITY AUCTIONS’ LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO COUNTS AUCTION GROUP, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
SEVER ABILITY
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
INTERPRETATION
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
APPLICABLE LAW
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Virginia, Smyth County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Virginia In the event that the parties hereto, or anyone of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Smyth County, State of Virginia, or the United States District Court, located in the State of Virginia.
RETURN POLICY
All online items are sold in “as is” condition. No returns or exchanges will apply.
