DISCLAIMER
Each Lot is sold "AS IS-WHERE IS" "ALL SALES ARE FINAL", with all faults and defects and all errors of description. Buyer hereby waives and releases KR. Brooks auctions from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot.
Buyer acknowledges and understands;
1. KR. Brooks auctions does not make any representations or express any opinions of its own concerning any Lot
2. Buyer has the option to make his own examination of any Lot before bidding; and assumes all risk of any nonconformities in any Lot.
3. Condition report requests are suggested if you are unable to view the item in person. Condition report requests are answered in the order they are received. It is at the auctioneer's discretion to respond to any request sent the day of the auction.
4. Buyer further acknowledges that he has not relied upon any Statements and/or oral or written representations by KR. Brook auctions contained in any catalogs or advertisements of any type pertaining to the sale, including without limitation statements concerning condition, genuineness or authenticity, originality, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, and/or model of any Lot or of any component of any Lot.
5. Buyer represents that the amount bid for any Lot is based solely on Buyer's own independent inspection and evaluation of that Lot.
6. Auctioneer is not liable for any issues concerning telephone bids, online bidding, and/or absentee bidding.
7. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot.
8. As a condition of participation in the auction, Buyer represents that he will conduct any inspections and examination necessary to satisfy himself of all material facts before making any bid.
9. Auctioneer reserves the absolute right to withdraw any item at any time before its actual final sale, including during bidding.
10. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder.
11. All winners of bids must pay invoice within 48 hrs. of receiving invoice. If not all items will be return to owner.
12. Any refunds will have a 5% handling fee charge.
DISPUTES
The Auctioneer's designation of a buyer is FINAL. The highest bidder acknowledged by the Auctioneer is deemed the buyer of the item auctioned. If any dispute were to arise between two or more bidders, the Auctioneer reserves the right and the discretion;
1. to determine the successful bidder.
2. to refuse any bid from any bidder and/or not to recognize a bidder.
3. Unless otherwise prohibited by law, before Buyer may initiate any legal proceeding arising out of or relating to any sale occurring as a result of this Agreement, including, but not limited to issues related to Seller's representations or statements concerning condition, genuineness or authenticity, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, model or mileage, or any other representation made regarding any Lot, Buyer shall submit to a mediation with Seller to be facilitated by KR. Brooks or its designee on the terms and conditions set forth by KR. Brooks.
Buyer agrees not to join KR. Brooks as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot. If Buyer fails to comply with this provision, Buyer agrees to reimburse KR. Brooks for all costs, expenses, and fees, including attorney fees, in defense of such claims.
REMEDIES/ Legal
Buyer hereby waives any potential or actual conflict of interest inherent in such a mediation process and agrees to defend (using counsel reasonably acceptable to KR. Brooks). Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or bidder's agents, and further agrees to hold harmless Auctioneer and the seller, and their respective agents, employees and representatives for and from (a) any and all personal injury to bidder and bidder's agents, (b) any property damage occurring on the auction premises, and any and all suits, claims, damages, costs and expenses of every kind and nature which may or might be asserted against any of them as a result of the actions or omissions of bidder and/or bidder's agents. Bidder hereby acknowledges that Auctioneer is an Massachusetts company with its principal place of business in the State of Massachusetts..
BIDDER EXPRESSLY AGREES THAT THIS AGREEMENT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF Massachusetts, THAT THE STATE COURTS OF Massachusetts, SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS AGREEMENT AND OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH AUCTIONEER. VENUE IS Worcester county, Ma..
No waiver or alteration of any provisions of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Auctioneer or unless it is publicly announced by Auctioneer from the auction block prior to sale. Any prior oral or written representations or agreements between the Parties are superseded by this Agreement.
