TERMS AND CONDITIONS
Deborah Kurtz, DBA Yesterdays : Hereinafter, referred to as Auction Company.Registration: All information provided by Bidder to Auction Company shall be current, complete, and accurate. Bidders must be 18 years of age or older.
Descriptions/Photos: All items are sold “As is where is with all faults” without warranty or guarantee expressed or implied. Item descriptions appearing in auction are believed to be accurate and correct. Nevertheless, item descriptions, pictures, or videos are for reference and identification purposes only and are not warranties of any type. Buyer assumes complete responsibility for inspection of items prior to bidding and relies solely on this inspection as to the condition and value of items. Preview dates will be available for such inspections and will be announced per auction. Buyer waives any and all claims against Auction Company or Seller based on the value or condition of items.
Bidding: Bidding is a binding legal contract. By placing a bid on this system, you agree to all terms and that you will purchase the item for the amount of your bid, plus buyer’s premium and sales tax, should you be the high bidder at closing. Bids may not be retracted. Auction Company reserves the right to reject or accept any and all bids. If it becomes necessary, the Auction Company also reserves the right to remove or block any person, entity or IP address. Terms: Bidders/Buyers are responsible for reading and agreeing to all terms. Auction Company reserves the right to update terms if necessary. Once registered, it is the User’s responsibility to check the latest version of the “Terms & Conditions”, which will have the latest revision date posted.
Reserve: All assets in the auction shall be sold to the highest bidder. Some items may be auctioned with minimum reserve prices. On lots with a reserve, the Seller, Seller’s Agent, or Auction Company reserves the right to bid on behalf of the seller to protect their investment. Sales Tax: Riverside County, California residents are subject to 7.75% sales tax. If a Bidder is tax exempt, a California's Sales and Use Tax Certificate of Exemption Form will need to be filled out. A purchaser who claims exempt for “resale at retail” or “for lease” must also provide a sales tax license number or tax registration number.
Buyer’s premium: A 6% buyer’s premium applies to all winning bids and will be added to invoice after auction close. (For example, if a successful Bidder bids $10.00, they will be invoiced for $10.60.) Payment: Buyers will be invoiced via email within 24 hours of auction close. All items are to be paid in full within each auction's listed pick up dates or 5 business days. If payment is not made by the deadline, Auction Company reserves the right to charge Buyer’s credit card that is on file.
Payment Types Accepted: Cash, cashier’s check, credit card, debit card and PayPal. No checks accepted/ Removal: Items must be paid in full before they can be removed. Buyer is responsible for arranging removal of all items within listed pick up times or 5 business days. If buyer fails to remove items within the time specified, the Auction Company shall have the right, but not the obligation, in its sole discretion, to resell, discard or remove and store items at buyer’s sole risk and expense. Storage charges will be the responsibility of the buyer.
Pickup Dates/Times: Due to current extreme heat conditions, winning bidders may pickup their item(s) on Monday, July 10 between 5 pm and 8 pm and Tuesday, July 11 between 8 am and 5 pm. Payment is expected upon arrival.
Legal Courses of Action: Online auction bids are a binding contract and Bidder is responsible for honoring them. If necessary, legal actions will be taken to insure the performance of winning bidders. Auction Company shall be entitled to collect all damages, costs and expenses incurred in connection with collection of any amounts owed to Auction Company by winning Bidder, including without limitation, any attorney’s fees. Termination of Purchase: If for any reason the Auction Company is unable to complete the sale of an item due to liens or unforeseen circumstances, Bidder agrees that liability to Auction Company will be limited to the actual amount paid by the Buyer. Malfunction: Auction Company will not be held responsible for any interruption in service, errors, and/or omissions, caused by any means, and does not guarantee continual, uninterrupted or error free service or use of this site. Bidder acknowledges that auctions are conducted electronically and rely on hardware and software that may malfunction without warning and understands the Auction Company has the right to void any sale, temporarily end bidding, and/or resell any lots that were affected. The Auction Company makes final decision if this should ever occur. Indemnity/Limitation of Liabilities: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each seller and Auction Company, their employees, officers, directors, agents, third-party content providers, representatives, or the like, from and against all claims, losses, damages, liabilities, judgments, fees, costs and expenses, attorney’s fees, related to, arising from or associated with Buyer’s, Buyer’s agents or representatives, use of this site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site’s Terms and Conditions or any use by Bidder of this Site or as a result of a dispute with another Bidder.
In no event, including without limitation, a negligent act, shall Auction Company or any of its providers be liable to Bidder, Buyer or Seller for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether Auction Company or any of its providers have been advised of the possibility of such damages.
Revised 7/8/2017 dk