USE OF SITE
These terms and conditions govern your use of our auction website www.moderndaybids.com. You may use the Site only in accordance with and subject to these Terms of Use. Once you complete and submit your registration you have opted-in to receive email communication from us and to remain a member of this Site, you must agree to receive email from us.
You must authorize Modern Day Auctions, Inc. to charge the credit or debit card you have entered on this site for the hammer price of the item(s) in which you were the high bidder, plus the buyer's premium and all applicable sales tax. Your card will be charged within 24 hours of the auction end. Failure to keep valid credit card information on file will result in your use of the site being terminated.
To initiate your ability to bid with MDA, an initial $1.00 pre-authorization transaction may appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days (American Express & Discover may take longer).
You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline.
MEMBERSHIP ELIGIBILITY
The Site is available to members who are 18 years and older and who have not been suspended or removed by MDA for any reason. By becoming a member, you represent that you are of legal age. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration forms. In addition, as a member, you agree and acknowledge that you will maintain valid credit card info within your membership profile so long as you maintain an account with MDA.
BUYERS CONTRACT
Bids placed on the MDA website are a binding contract and you are responsible for paying all amounts due to MDA including sale price, buyer's premium and all applicable taxes. Please do not bid if you are unable to pay and take possession of the items in the specified time periods for each auction, sale or event. All sales are final. No returns, credits or exchanges.
Please be careful when placing bids as they are non-retractable once entered. You agree that MDA makes the final decisions on an auction's winning bid amount, time and winner. This means that MDA has the authority to determine which bid is the highest and which bidder wins the auction. This is regardless of any internet connectivity, computer or other technical issues that might occur during the auction.
ITEM DESCRIPTIONS
All items are sold as-is-where-is and MDA disclaims any and all warranties expressed or implied, including but not limited to implied warranties of merchantability and/or fitness for particular purpose. While MDA will do its best to list any damage, repairs or restorations, the absence of these descriptions or conditions must not be taken to imply that the lot is in perfect condition. Photos are part of the description. Most of the items MDA sells are antiques, vintage or used. You should expect signs of wear consistent with age. For certain showroom sales, MDA offers preview inspections, by appointment, for the sole purpose of allowing the opportunity for personal inspection before placing your bids. Condition reports may be available. All sales are final. No returns, credits or exchanges.
BUYER'S PREMIUM
A buyer's premium of 18% will be added to the hammer price in all auctions and will be charged along with the hammer prices and applicable sales tax to the credit or debit card you have on file with MDA within 24 hours of the auction end. If you possess a valid, resale tax number, this must be on-file and validated with MDA prior to the auction closing.
SALES TAX
All sales are subject to appropriate sales tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon receipt of such information by MDA, your future purchases will not be taxed. Tax resale forms can be submitted in your membership profile. Your profile name and address must be the same as your resale certificate.
RETENTION OF CREDIT CARD INFORMATION
By providing your credit card information to MDA, you authorize MDA to charge your credit card for the purchase amount of any successful bid plus the buyer's premium and any applicable taxes. Your card will be charged within 24 hours of auction end. Failure to keep valid credit card information on file will result in your use of the site being terminated.
To initiate your ability to bid with MDA, an initial $1.00 pre-authorization transaction may appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days. You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline.
MDA does not store your credit card information for security purposes. It is held by a reputable third-party processor, Authorize.net.
PICK-UP
Successful buyers must pick up their items at the designated sale location within the assigned time frame as stated in the sale details page. MDA does not provide packing materials or services so please bring your own. Shipping services must be pre-arranged by the winning bidder 24 hours prior to the pick-up date and at the winning bidder's expense. Please return a shipping request form to MDA, found on our company website, at least 24 hours BEFORE the designated pick-up date. Buyers waive the right to inspect the item if the item is shipped by MDA. Therefore, All Sales Final & the No Returns Policies, both apply to those items. MDA charges a $15 handling fee and the cost to pack and ship the item from our third-party service, UPS. We cannot provide an estimate for the shipping costs in advance. We work with reputable shippers who charge to going rates for their services. Large items, such as pianos, pool tables, large furniture, exercise equipment etc. may require a professional mover to pick-up due to size and weight. This is the responsibility of the buyer. These over-sized moves must be coordinated through the MDA Office. Weights will not be noted on the description of items.
If after winning an item(s), you determine that you are unable to pick up your items during the scheduled times and dates, you must contact MDA within 24 hours prior of the pick-up date and we will determine if alternate arrangements can be made. If items are abandoned, left at the property or you decide that you don't want to take the item, we will charge you a minimum of $50.00 per item, and up to $250, on your credit card, for disposal or dump fees. These prior arrangements will be at the sole discretion of MDA and will be subject to transport, labor and/or storage fees which will be payable upon retrieval of your items. Items which must be transported back to the MDA warehouse, from a remote location, are subject to a minimum handling fee of $15 per item per lot. MDA has the sole discretion to charge $15-$150 per item or lot for abandoned items, depending on the size, weight, packing materials and labor to transport the property. You agree that MDA may charge a higher handling fee for certain items, which are difficult to transport, at the sole discretion of MDA. Items which are stored at the MDA warehouse, beyond the scheduled pick-up dates and times, are subject to a $20/day per item storage fee which will be paid upon retrieval of the item for a maximum of 14 days.
If you decide you do not want an item that you purchased, you will be charged a minimum of a $50 fee for donation/dump costs and up to $250 depending on the item.
FORFEITURE OF ITEMS
Any items not paid and/or not picked up during the specified pick-up time, in accordance with the Site's Terms & Conditions, will be forfeited by you. MDA, at its sole discretion, will re-offer the items or donate them to a charity of MDA's choosing. MDA reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your membership with MDA will be revoked, unless past due invoices and any additional charges are paid in full.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall MDA, its shareholders, members, partners, officers, directors, employees, agents, suppliers, parent company, subsidiaries, affiliates, joint venturers, and successors and assigns, be liable under this agreement to you or any third party for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including, but not limited to, damages for loss of goodwill, work stoppage, computer failure, delays in training, or malfunction, lost profits, lost business or lost opportunity), or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory), even if MDA has been informed of the possibility thereof.In the event that the foregoing exclusion of liability is found by a competent jurisdiction to be unenforceable, and a determination is made that MDA is liable, the total amount of MDA's liability for any loss, cost, claim, or damages of any kind arising out of, or related to, this agreement, shall in no event exceed the greater of one-hundred dollars ($100.00) or the amount of the fees paid by you to MDA during the three (3) month period immediately preceding the event giving rise to such loss, cost, claim or damages.
JURISDICTION AND VENUE:
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Connecticut. Actions relating to this Agreement or any party's performance or nonperformance under this Agreement shall be instituted in, and both parties consent to jurisdiction and venue in, Fairfield County, CT.
PROHIBITED USE
You agree not to sell, license, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. You may not decompile, reverse engineer, disassemble, damage or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Site.
