TLC Estate Services, LLC
Dba: TLC Estate Auctions
Terms of ONLINE ONLY AUCTIONS
Last updated: November 2017
1. This is an online only auction conducted by TLC Estate Services, LLC dba: TLC Estate Auctions. The items in this auction are located at the residence or business address, NOT the business address of TLC Estate Services. Buyers are to pick up items at the residence or business, NOT at TLC Estate Services.
By registering and bidding at auction you are entering into a written contract to purchase the items at the price you bid and accept all terms and conditions, dates and notices, including payment and pick up terms. Failure to perform under this contract, including non-payment, no show for pick up, and chargebacks will result in fees, banishment from future auctions.
2. NEW BIDDERS: Bidders who do not have an account with us must create an account by providing their Name, Address, Email Address and a valid credit card number to register for an auction. Bidders must create a unique Username and Password in order to bid at the auction. We DO NOT retain or have access to your credit card information.
You are ADVISED to create this account well in advance of the auction close.
3. ONLINE INTERNET BIDDING (Soft Close): Internet bidding progresses like a live auction with each lot closing in numeric order every 20 SECONDS. The time clock indicates the time left to bid on the lot. Any lot that receives a bid in the last minute of its close will remain open for an additional 1 MINUTE of online bidding. Bidding will stay open until there are no bids on the lot for 1 minute. Any lot not receiving bids in the last minute of close will close at the time indicated on the time clock for that lot.
WARNING: Auction participation through the internet bidding site is not guaranteed to respond without technical difficulties. The technology is under development and the operation of it and the corresponding internet connectivity issues are beyond our control. Depending on your computer, server, host, Acts of God and other factors, internet signals may be delayed so that your bids may not be received in time. We are not responsible for these technical difficulties, Acts of God, lack of placed bids in a timely manner, or any other factors leading to unaccepted bids. Bidders are ADVISED to have a backup plan or to place their maximum bid for lots they highly desire. We will not reopen lots for missed bids.
4. Bidding Increments are determined by auction. And generally are as follows –
$10 increments up to $200
$20 increments from $200 up to $1000
$50 increments over $1000
5. Maximum Bid: Bidders may set their maximum bid for any lot and let the computer bid in the bidding increments against other bids. For example, if you submit a maximum bid of $500 and the next highest competing bid is $240, then you win the bid at $260. Bidders may adjust their maximum bid upwards.
6. Bid Cancellation: If you bid during the auction close, your bid WILL NOT be retracted and you will be responsible for purchasing the item, if you win. There are no other “bid cancellations” accepted.
Placing a bid shall constitute the bidder's acceptance of the Terms of Auction and the Conditions for payment and pick up.
7. Bid Rejection/Decline Bidder Registration: We reserve the right to reject any bid we feel is not made in good faith. We reserve the right to decline registration to bidders who have failed to perform at prior auctions, we feel will not make bids in good faith, cannot perform under the Terms of the Auctions or Conditions for payment and pick up and/or have a negative rating on Estate Sales.org.
Placing a bid shall constitute the bidder's acceptance of the Terms of Auction and the Conditions for payment and pick up.
8. CONDITION: All items are sold AS IS, WHERE IS without warranty, guarantee, refund or return. All items are considered USED and item condition, including chips, cracks, dents, repairs or other conditions regarding working order are not always noted. Conditions, when noted, are subjective and opinion of condition may differ for each person or collector. We recommend that you attend the live preview to inspect items to your own satisfaction. No bid will be set aside or transaction cancelled for buyer's failure to inspect a lot or to call our office with questions regarding the item.
Large lots may not be itemized, all contents inspected during cataloging or all contents photographed in part or as a whole due to set up and catalog restraints. Items are set up, displayed, cataloged and photographed at the residence or business location under the lighting, physical space and location restraints given the sale and object. Therefore, items are not photographed under professional photography studio conditions. We advise bidders to attend the live preview to inspect items to their own satisfaction.
NO GUARNATEE, WARRANTY, REFUND OR RETURN. All items are sold AS IS, WHERE IS and are considered used even if packaged in factory sealed containers. Auction Company and Seller do not guarantee item for fitness of use, origin, authenticity, provenance, material composition, working condition, recall or suitability for purpose. Buyer is making own judgment when bidding on used merchandise.
9. Buyer's Premium: As posted in EACH auction catalog. Generally 15%, plus tax as described below. All items must be paid for online through the auction website or by using Paypal through the invoice.
10. Sales Tax: Sales tax will apply, according to state law, for any items that are picked up in Nevada, unless a current, valid resale certificate is provided to us at pick up for each auction. We will not retain resale certificates in the computer database. Resellers MUST give us a copy of their resale certificate or complete a Department of Taxation form stating all of the purchase is for resale prior to pick up or pay sales tax. Resellers must wait for an invoice without tax before paying. Resellers should email a copy of their resale certificate to email@example.com
11. Invoicing: Invoices are emailed within 1 business day after the close of all portions of the sale. WE DO NOT RETAIN THE CREDIT CARD INFO YOU REGISTER WITH.
Invoices will be emailed to the email address you provide in your registration account. We are not responsible for your typing errors which result in inaccurate typing of your registration information. We are not responsible for technical issues with the internet software which may block transmission of your invoice. We advise you check your spam, social and promotions folder when you expect an invoice from us. Further, we advise that you have an auction only email account in gmail, yahoo or hotmail to receive auction notices from us.
The computer system automatically sends your invoice to the email address you provided. It is not our fault if you do not receive an invoice and pick up information and therefore default on the auction terms. Defaulting buyers will be assessed penalty fee and are subject to declined bids at future sales and placed on estate sales.org notice of non-performing buyers.
OUT OF STATE buyers SHOULD call TLC Estate Services prior to pick up. This will guarantee everything is running smoothly, payment has been accepted and processed and someone will be available at the location during the times specified – as to alleviate any issues.
12. Payment: We accept Visa, Master Card, Discover, American Express. All payments should be done through the website or Paypal and the Invoice sent.
13. Pick UP: All items are located at the seller's residence or business, therefore, purchases will not be available for pick up at any time other than posted for the auction. Location for pick up is posted in the top margin of your invoice. Items paid for but not picked up during the scheduled time will be forfeit without recourse or refund, and subject to sale to the back-up buyer at the back up bid, sale to other buyers or retention by the seller.
Pick up is between the hours posted for auction pick up. Doors close within 15 minutes after the posted closing time. Bidders not arriving prior to closing time will have their transaction voided, the items offered to other buyers and the bidder declined for future bidding at our auctions.
We DO NOT load items or pack for you. You must bring enough able people to help you load your items; we do not carry items for you. You must bring your own tools for disassembly and loading, wrap and containers for packing, laborers for loading and large enough vehicle to remove ALL items during the scheduled pick up time.
Further, we recommend that you stage your purchases outside if the driveway and sidewalk traffic is occupied. Persons needing more time to remove items from the buildings will be assessed $50 per hour, with a minimum of $50 assessed, to extend the pick-up time. Persons needing a different day for pick up will be assessed $50 per hour per person portal to portal from TLC Estate Services office plus $.60 per mile round trip portal to portal.
Further, bidder is advised that pick up occurring in residential and business locations may not be ADA accessible, may have lighting and construction hazards, and other hazards, allergy causing odors, heating and ventilation issues, stairs and steps. TLC Estate Services, LLC does not guarantee building code compliance of the property. Bidders are entering at their own risk. Further, any damage to the residence or building caused by the bidder, their help or third parties hired by bidder may be cause for a claim against the bidder by the homeowner, landlord, or other real property title holder.
In addition, bidders are advised to adhere to all local parking regulations since TLC Estate Services, LLC is not responsible for any traffic, parking or loading violations. Further, TLC Estate Services, LLC is not responsible for any damage caused by bidder to adjoining real property or to the residence or business location from which buyer is removing the personal property.
Bidders will be assisted by TLC Estate Services, LLC staff in locating lots won. Bidders are not to interfere with lot contents of lots won by others or which did not sell.
14. Bidders are advised to bid on lots during the online auction. TLC Estate Services, LLC does not guarantee that lots in the auction which did not receive bids will be available for purchase after the auction.
15. Shipping: The buyer is solely responsible for arranging and paying for shipment packing, packaging materials, labor, handling and shipping costs. We STRONGLY ADVISE that bidders investigate shippers prior to bidding. All items must be picked up (removed) during Pick Up hours. No items will be shipped unless the invoice is paid in full. TLC Estate Services, LLC will NOT pack, wrap, box up, lift or move, ship, transport any item, unless specified in the auction you are bidding on. TLC Estate Services, LLC will not provide boxes or wrap for shipping.
TLC Estate Services, LLC is not responsible for damage to any items packed or transported from the auction location to the buyers location.
TLC Estate Services, LLC DOES NOT pack, ship or transport fragile, bulky or other items. Packing and shipping is available by TLC Estate Services, LLC only for items which fit into Small, Medium or Large USPS flat rate shipping boxes. This is Auction specific. The cost for USPS mail plus insurance and signature requirements will be charged to your credit card provided for the purchase. A separate transaction may take place for the shipping cost. TLC Estate Services, LLC does not haul or store items for local or out of area buyers. There are other services providers to whom we can refer you to prior to bidding to estimate costs or schedule pick up.
Bidder's not paying for the packing or shipping directly to the shipper will be liable for any claims made by the shipper. We are not liable to bidder for refund or return of auction items left with a shipper for which the shipper has not been paid for services. Any claims are between the shipper and bidder.
Not all residences or businesses are available for pick up dates beyond the scheduled pick up date due to real estate sale closings, rental expiration, or other circumstances. DO NOT bid if you cannot pick up on the scheduled date or have not inquired about other available pick up dates.
16. Non-Payment: TLC Estate Services, LLC reserves the right to cancel any invoice that is not paid by the closing time posted for auction pick up. A cancelled invoice does not relieve the bidder from their obligation to pay the no-sale penalty of $75.00 to compensate TLC Estate Services, LLC for its services in conducting the auction.
TLC Estate Services, LLC may sell the lot(s) securing the invoice to any underbidders or other persons in the auction.
Chargebacks are not permitted. TLC Estate Services, LLC retains the buyer's record of all registrations and bids placed at auction with the ISP, date and time stamp for each successive bid along with documentation of the emails, sent, terms and conditions under which a buyer registered, invoices and phone calls. Any item shipped also has the mail or shipping receipt attached and signature record retained from the shipper. Any person requesting a chargeback will be responsible for legal fees, court costs, travel and lodging expenses along with the purchase price including buyer's premium, tax and shipping.
17. We do not REFUND purchases. We have attempted to describe the items and their condition accurately. If no condition is given, assume AVERAGE on a scale of mint, near mint, excellent, average, fair, poor. Unless a manufacturer's label is present, our estimation of materials, size, date of manufacture, age, etc. are only estimations. No scientific or other investigation has been performed to authenticate an item.
When you place a bid, we assume that you have read the Terms of Auction, the Description in the catalog, viewed the image(s) of the item(s), have contacted us regarding questions you may have on any lot and/or previewed the lot in person. Therefore, returns are only accepted if prior approval is given by TLC Estate Services, LLC.
18. TLC Estate Services, LLC shall not be responsible for any problem due to the bidder's failure to follow the rules, terms and conditions of the sale, or any failure to bid due to loss of the online auction provided by any of the online auction networks or website hosts; or any missed bids, changed bids or cancelled bids due to the bidder's failure to follow the proper bidding procedure outlined herein.
19. By placing a bid or otherwise participating in the auction, bidder accepts these Terms and Conditions, and specifically agrees to the dispute resolution provided herein. TLC Estate Services, LLC is not responsible for consequential damages, incidental damages, compensatory damages or any other damages arising or claiming to arise from the auction on any lot. Sole remedy for any proven act or omission shall be rescission of sale and refund of the amount paid by bidder.
20. Any claim, dispute or controversy in connection with, relating to or arising out of the Auction, participation in the Auction, award of lots, damages of claims to lots, descriptions, condition reports, provenance, estimates, return and warranty rights, any interpretation of these Terms and Conditions, any alleged verbal modification of these Terms and Conditions and/or any purported settlement shall be exclusively heard by and the parties consent to exclusive in person in the jurisdiction of the Superior Court of Washoe County, Nevada. The parties expressly waive any right to trial by jury. Any claim must be brought within 45 days of the auction from which the claim arose or the claim is waived. In every case, the prevailing party shall be entitled to an award of its attorney's fees and costs.
21. There is no smoking beyond the curb. No children under age 16 are allowed on site. Any tools, equipment, shoes, trucks, trailers, cars or the improper use of these items or failure to use such tool or equipment to move purchases that mar, damage or otherwise leave the site in a condition other than as seller presented it for sale will result in buyer or buyer's help being assessed for damage by the seller. All packing materials, loose objects and items purchased must be under control of the buyer. Garbage, broken objects and objects dropped during transport to vehicle must be cleaned up by buyer.
Buyers found to have mingled their purchase with other lots during pick up will be banned from future auctions.
22. Collusion with another bidder to suppress bids is a federal offense with fines of $500,000 or more. Bidders discovered to have colluded will be turned over to federal authorities.
23. Some auctions might require a preview admission by reservation only. Reservations for the preview must be made by Noon on the day before the announced preview. No exceptions. If no reservations have been made, no staff member will be at the property to open it for a preview. This is Auction Specific.
Any person requesting a catalog for the preview will be assessed $7.00 copy fee. Please request a catalog at the time you make the appointment. Again, this reservation is Auction Specific.
Persons not keeping their preview reservation and not notifying TLC Estate Services, LLC by 4 pm the day before the preview to cancel their reservation will be assessed $10.00 to be collected at pick up for a winning bidder or to be invoiced and paid within 10 business days. Again, this reservation is Auction Specific.
By moving forward and bidding on this auction – you agree to these terms and conditions stated above.