Central Coast Transitions LLC Estate Sale Online Auctions
YOU MUST REGISTER TO USE THIS WEBSITE. So, please read these Terms of Use carefully. By registering and accessing this site, placing a bid or offer, placing an order for a listing through this website or using the services, you are acknowledging this agreement and are bound by these Terms of Use. If you do not agree with these Terms of Use, then please DO NOT access this site.
Registration Privacy Information
In registering, you agree to provide accurate, true, current, and complete information about you as requested by the registration screens. Your use of the Site or Services is subject to the applicable privacy-related policies and notices. To the extent permitted by applicable law, by accessing or using the Site or Services, you understand and agree that Central Coast Transitions LLC may collect and retain personal or other information about you or the device you use to access the Site or Services.
We do not sell, trade, or share your personal information with anyone. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by logging into their "My Account" page and going to the "Account Info" page.
Central Coast Transitions LLC reserves the right to modify or terminate the Services or to terminate your access to the Site, in whole or in part, at any time.
Eligibility for Use of Our Service.
Our Services are available only to users who can form legally binding contracts (minimum 18-years old) under the laws of the United States of America and the country, state and/or territory in which such user resides. Without limiting the foregoing, our Services are not available to minors, users whose use of our Services has been temporarily or indefinitely suspended, nationals or residents of any country restricted by the United States Government, or any party identified on the list of Specially Designated Nationals maintained by the United States Treasury Department or the Table of Denial Orders maintained by the United States Department of Commerce, as such restricted countries, lists and orders may be amended or modified from time to time by the United States Government. If you do not qualify, please do not use our Services.
You are currently viewing a page of the Central Coast Transitions LLC website or a related website or mobile application (“Siteâ€) belonging to Central Coast Transitions LLC or one of its direct or indirect resources. These General Terms of Use (“Terms of Useâ€) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site (“Servicesâ€). “You†and “Your†refer to any person who accesses or uses the Site or Services.
Central Coast Transitions LLC reserves the right to modify these Terms of Use at any time without prior notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Site. By continuing to access or use the Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use.
This Agreement may not otherwise be amended except in a writing signed by Central Coast Transitions LLC.
There is a 13% Buyer’s Premium added to each item purchased. For example, if your winning bid is $100 then your invoice total will be $113 PLUS any applicable sales tax.
Bidding Increments: $2.00 Starting Bid ~ Never a Reserve ~ Highest Bidder Wins!
Current Price
Bid Increments
$2.00 - $99.99
$2.00
$100.00 - $499.99
$10.00
$500.00 - $999.99
$20.00
$1,000.00 - $2,499.99
$50.00
$2,500.00 - $4,999.99
$100.00
$5,000.00 – and up
$250.00
Tracking your Bids: We recommend that you do not constantly monitor the auctions to see if you have been outbid and then placing a new, higher bid each time. It pays to put your best bid forward right away. Use our "Set-and-Forget" bidding system which is designed to prevent the need to constantly monitor the auction to see if you have been outbid.
Select and use the “max-bid†system, enter the amount you are willing to pay for the item up front. Your max bid is not visible to anyone and will only be used as needed to outbid other bidders.
Should another buyer outbid you, you will receive an email notification giving you a chance to reconsider and increase your max bid.
For any questions regarding this auction, please email us at info@centralcoasttransitions.com
or call 805-602-1789 (M-F / 8-5 PST).
Shipping is available ONLY with advance notice (prior to bidding); all costs associated with the shipment is the sole responsibility of the bidders.
Terms & Conditions
These are the Terms and Conditions of Sale consist of this introduction and thirty-two numbered categories that outline the relationship between you (“the Bidderâ€) and Central Coast Transitions LLC (collectively, “the Auctioneerâ€). Throughout these Terms and Conditions, the terms “auctioneer,†“we,†“us,†and “our†will refer to the Auctioneer, and the terms “you†and “your†will refer to the Bidder.
If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, the Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.
Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.
1. Registration: To gain access to the Auctioneer’s bidding system, you will need to create and account. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You may be banned from participations in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process.
2. Your Information Provided: Your Information is defined as any information you provide to CENTRAL COAST TRANSITIONS LLC in the registration, bidding or listing process, in any public message area, or through any email feature. You are solely responsible for Your Information, and CENTRAL COAST TRANSITIONS LLC acts as a passive conduit for your online distribution and publication of the items listed on this website. CENTRAL COAST TRANSITIONS LLC, however, may take any action with respect to Your Information as it deems necessary or appropriate if CENTRAL COAST TRANSITIONS LLC believes that any part of Your Information may create liability for CENTRAL COAST TRANSITIONS LLC or may cause CENTRAL COAST TRANSITIONS LLC to lose (in whole or in part) the services of any of its suppliers.
Information Restrictions.
Your Information
- shall not be false, inaccurate, or misleading
- shall not be fraudulent or involve the sale of counterfeit or stolen items
- shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
- shall not violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising)
- shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing
- shall not be obscene or contain child pornography
- shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
- shall not create liability for CENTRAL COAST TRANSITIONS LLC or cause CENTRAL COAST TRANSITIONS LLC to lose (in whole or in part) the services of our ISPs or other suppliers
- shall not link directly or indirectly to or include descriptions of goods or services that:
- are prohibited under these Terms and Conditions
- are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount
- are concurrently listed for sale on another website other than the Website
- you do not have a right to link to or include.
Furthermore, you may not list any item on our Website (or consummate any transaction that was initiated using our Services) that, by paying to CENTRAL COAST TRANSITIONS LLC the listing fee or the final value fee, could cause CENTRAL COAST TRANSITIONS LLC to violate any applicable law, statute, ordinance or regulation, or that violates any applicable United States laws or the laws of the country, state or territory in which either you or your trading partner reside or to which the item being sold is to be shipped.
3. California Sales Tax rates vary by region and ranges from. 7.50%-8.75% depending on the sale’s location. Central Coast Transitions LLC is bound by state law & state licensing to collect all applicable state sales taxes on behalf of sellers. The appropriate sale tax will be added to all invoices and must be paid in full. Central Coast Transitions LLC does not collect sales tax on titled vehicles and the purchase prices for vehicles listed on this website do not include licensing, registration, and sales tax fees.
4. Applying for Tax-exempt Status: Some bidders may be exempt from payment of applicable taxes. Buyers with resale licenses or tax-exempt status must submit (via info@centralcoasttransitions.com) documentation prior to invoicing to be exempt. Out-of-state purchases may qualify for a sales tax exemption and submit appropriate documentation prior to invoicing. Please note that the Auctioneer requires bidders to submit a new tax-exempt form for every sale. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of the Auctioneer’s tax-exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully and contact the Auctioneer with any questions you may have.
5. Payment Methods: Upon “winning†an item at the close of the auction, you will receive an “Congratulations, You Have Won†notice/invoice in your registered email address. Only pre-authorized CASH or CHECK transactions are available at the time of removal. All items must be paid in full by the removal date on the specified email.
In order for the Auctioneer to process your winning bid, we must have a working Visa, MasterCard, American Express, and Discover Card associated with your account. Please note, you must provide a valid card as part of your registration process. Your card on file will be used to process payment prior to the start of the pick-up date.
6. Bidder’s Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your profile – including contact information and credit card information – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.  
7. Conduct of Sale: All bids, credits, and fees in this sale will be made and charged in United States Dollars. You agree not to use any auction or use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer.
8. Bidder’s Duty to Inspect and Investigate: You acknowledge that the Auction Manager is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to schedule an inspection appointment for this auction, which will take place on the date listed above. If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly.
9. Photographs and Descriptions: The Auction Manager regularly posts item descriptions and photographs to aid bidders in the bidding process and will make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described, not as they appear in any photograph.
Choose Wisely: We want everyone to get a good deal, and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer.
10. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
THIS SALE IS A SALE TO THE COMMUNITY OF “EQUIPMENT†AND “INVENTORY†WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. CENTRAL COAST TRANSITIONS LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS WILL OR IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. THE AUCTIONEER FURTHER DISCLAIMS ANY RESPONSIBILITY FOR LIENS OR ENCUMBRANCES THAT MAY ATTACH TO OR BE ASSOCIATED WITH ANY LOTS OR ITEMS. ANY SUCH LIENS AND ENCUMBRANCES ARE THE RESPONSIBILITY OF THE BIDDER TO INVESTIGATE. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, BUT DESCRIPTIONS ARE NOT GUARANTEED. THE AUCTIONEER FURTHER DISCLAIMS ANY LIABILITY FOR ANY TECHNOLOGY-RELATED LOCK, IMPEDIMENT, OR ENCUMBRANCE ASSOCIATED WITH ANY LOT OR ITEM. THE AUCTIONEER HAS NO OBLIGATION TO PROVIDE ANY PASSWORD, LICENSE, TECHNICAL SUPPORT, OR OTHER TECHNOLOGY-RELATED SERVICE, PRODUCT, OR THING ASSOCIATED WITH ANY LOT OR ITEM.
11. Reporting Bidding Errors: You should refresh your browser often to view the most up-to-date bid information and should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. You understand and agree that you will be held responsible for having made all bids that are made using your account information – even when such bids are made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g., placing your bidder number in the price field), you must immediately contact the Auctioneer using the online form available via this link. Reports of bidding errors must be made via email (info@centralcoasttransitions.com); phone reports (in person or voicemail) will not be accommodated. In every event, you are responsible for bids submitted using your account and bidder number, including any bids made in error.
If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer has no obligation to undo bidding errors reported after the auction has begun to close.
12. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately using the online form available via this link. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
13. Fraud against Website or Central Coast Transitions LLC: Without limitations, Central Coast Transitions LLC may suspend or terminate your account if it suspects that you (by conviction, settlement, insurance, or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website.
NO PRICE Manipulation Allowed or Tolerated. Neither you, bidders nor sellers may manipulate the price of any item, nor may you interfere with other listings or auctions. Such prohibited manipulation includes, without limitation, sending emails to bidders in a currently open auction being run by a different buyer, bid siphoning, or use of any alias or a third party to place bids on an item listed for sale by you on the Website.
14. Changes in Circumstance: All aspects of this auction are subject to change without prior notice. This Agreement may not otherwise be amended except in a writing signed by Central Coast Transitions LLC. The Auctioneer reserves the right to – at any time and in the Auctioneer’s sole absolute discretion –
- add or remove items from the auction,
- split or combine lots,
- add minimum bids or reserve prices,
- cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event,
- update the auction’s closing, inspection, or removal times, or
- take any other action the Auctioneer deems necessary to affect the fair conduct of this sale or protection of buyers,’ sellers,’ or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.
15. Closing: The Auctioneer’s online auctions are designed to mimic traditional “live†actions. For this reason, this auction will have a staggered, dynamic closing. You must continuously refresh your browser during the closing process to see the most current activity on your items, both prior to placing your bid and after submitting your bid and after submitting your bid.
- Staggered Closing: This online auction will begin to close at a rate of five items per minute, every 30 seconds. Items’ closing times will be displayed on the website, but may be extended past their scheduled closing time, as a result of the Auctioneer’s dynamic closing feature.
- Dynamic Closing: The closing time of an item is extended an additional two minutes whenever a bid is placed within the one minute leading up to an item’s scheduled closing time.
.16. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.
- Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will charge your credit card on file and then send you a Paid Sales Receipt. Invoices are not sent as soon as the auction begins closing; they are sent out by the end of business day on which the auction closes. If the Auctioneer is unsuccessful in charging your credit card on file, you will be sent an e-mail with instructions directing you to log in to your profile and update it with another credit card that can be charged. If your credit card information has been updated and you still do not receive your Paid Sales Receipt, be sure to check your Spam or Trash e-mail folders. You are solely responsible for checking your e-mail following the close of the auction to determine what items you have won and for bringing the Paid Sales Receipt to the removal with you. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid.
- Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mailed invoice, you must notify the Auctioneer by means of an email (info@centralcoasttransitions.com) explaining your situation by 9:00am PST on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
17. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases if the total is under $5,000. If your total is over $5,000, we will require a wire transfer or cashier’s check (payable to Central Coast Transitions LLC) to pay the invoice. For this reason, it is imperative that you provide the Auctioneer with a credit card that can bear the weight of all of your purchases at the moment the auction closes.
You can update your credit card information at any time by clicking the “My Account†tab and choosing “Update Credit Card.â€
- Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer may suspend your online bidding privileges indefinitely. The Auctioneer will only reinstate suspended accounts in the Auctioneer’s sole and absolute discretion if the suspended bidder remits a $1,000 deposit to be held in escrow for a period of one year.
- Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won, and any costs or fees discussed in Paragraphs 17-21 of these Terms and Conditions.
18. Buyer’s Premium, Fees, and Services: A 13% buyer's premium is added to every purchase and will be charged on all lots sold. Every bidder pays the same buyer's premium and should bid accordingly. For example, if your bid wins the lot at $100, you will be charged $113 plus all applicable taxes and fees related to or arising from the purchase for the item on your auction invoice. When calculating the final price, the buyer's premium is added to the selling price before sales tax is calculated.
Central Coast Transitions LLC does not charge to register on the Website or for bidding on items listed on the Website. You are responsible for paying all applicable taxes related to or arising from the purchase or sale of items listed on the Website and for all other costs incurred by you to bid (i.e., shipping), buy, procure a listing from the Website, or access the Website’s servers. Your use of the Website and Services evidence your acceptance of the fees and your commitment to payment of all applicable fees.
19. Sales Tax: Sales tax will be collected on items purchased at this auction. Remember: if you are tax exempt, you must follow the procedures discussed in Paragraph 2 to apply for tax-exempt status.
20. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay
- any cost associated with the resale and
- any deficiency between your original purchase price and the resale price.
These said items will be considered abandoned and disposed of or resold at the discretion of Central Coast Transitions LLC. There are no refunds or exchanges. Please bid accordingly.
21. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction; this includes providing adequate labor, supplies, tools, equipment to items and transportation of items. Please have plans in place to remove all items during the specified date and time listed. We do not provide any buyers assistance with the removal of the purchased items - YOU are solely responsible for ensuring that you have all of your purchased items prior to departing the property.
NO ADDITIONAL DATES OR TIMES ARE AVAILABLE OUTSIDE OF THE DESIGNATED PICK-UP SCHEDULE. PLEASE HAVE A BACKUP PLAN IN PLACE TO HAVE YOUR ITEMS REMOVED. FAILURE TO REMOVE ITEMS DURING THE ASSIGNED PICK-UP SCHEDULE WILL RESULT IN THE FORFEITURE OF YOUR ITEMS WITHOUT A REFUND.
If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. For additional service fees and expenses, we offer shipping depending on the auction item (based on size, weight, and breakability), destination location, as well as the availability of local shipping companies and freight companies. You must contact us first and ask before bidding. WE DO NOT DELIVER OR SHIP BREAKABLE ITEMS without proper insurance coverage at your expense.
The Auctioneer does not hold items beyond the published removal times. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and safely remove your items during the published removal times.
- Bidder’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
- Release Upon Presentation of Receipt: You understand and agree that the Auction Manager is only obligated to release your items after you, or your agent presents a Paid Sales Receipt and satisfactory identification documentation. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your Paid Sales Receipt to present at the pick-up location. You explicitly authorize the Auction Manager to release your items to any person in possession of your Paid Sales Receipt. No item will be released to any person unless that person presents a Paid Sales Receipt listing the item in question. You must notify us via email (info@centralcoasttransitions.com) if someone other than yourself is picking up your auction purchases, so that we can release your items to your authorized agent. In addition, your authorized agent must present a copy of the Paid Sales Receipt.
- Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will not receive any refund in connection with any item that is considered abandoned, and that you will be charged a reasonable fee for the storage, removal, and/or disposal of such item.
22. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, we retain the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses- associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
23. Claims for Non-Delivery: In the unusual event that an item has been totally mis-described or is unavailable for pickup during the published removal times, you must immediately notify the Auction Manager’s onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery with the Auction Manager’s onsite staff within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed via e-mail (info@centralcoasttransitions.com). Your claim must include your invoice number, the item number in question, and must fully describe the nature of the problem that you have identified.
24. Claims and Choice of Venue: Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in San Luis Obispo County, California or in the Federal District Court for the Central District of California, where federal jurisdictions exist. Each party hereby submits to the jurisdiction and venue of such courts. You agree that all claims instituted by you will be litigated on an individual basis and will not be consolidated with any claim made by another party. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should you file an action contrary to this paragraph, the defending parties may recover reasonable attorney/legal fees and costs. Further if you bring a claim against the Auctioneer and do not prevail, and/or if Auctioneer takes action against you as a result of your violation of these terms and conditions and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable attorney/legal fees and costs including reasonable attorney’s fees.
25. Interim or Preliminary Relief: You agree that the Auctioneer may seek interim, preliminary, or injunctive relief without the necessity of any bond or similar deposit in a court having jurisdiction.
26. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and Conditions – and/or any unsafe or illegal activity during any auction-related event – may result in the Auctioneer’s suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer’s right to any other remedies at law or in equity.
27. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.
- No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
- No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction or human error relating to the site. In no event will the Auction Host have any duty or responsibility to the bidder not directly related to the function of the site.
28. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, directors, subsidiaries, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including attorney/legal fees and costs, related to, arising from, or associated with you, your agents, any third party or representatives – including, but not limited to, your breach of this Agreement or the documents it incorporates by reference or your violation of any law or the rights of a third party, or personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
29. Limitations: These Terms and Conditions do not – nor are they intended to – create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.
30. Severability: If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant, or condition as applied to other persons, places and circumstances will remain in full force and effect.
31. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of California.
32. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
