Lot 135: 10+ Pc. Dishes Set

This Bidder Agreement ("Agreement") is made between J Levine Auction & Appraisal, LLC ("JLA") and the person or entity listed on this page ("Buyer"). Bidder agrees to be bound by the terms of this Agreement with respect to all sales and auctions conducted by Auctioneer. Bidder acknowledges that additional terms to this Agreement may be posted and/or announced from the auction block and such additional terms are deemed incorporated into this Agreement by this reference and are binding on Bidder.
DISCLAIMER
Each Lot is sold "AS IS-WHERE IS", with all faults and defects and all errors of description. Buyer hereby waives and releases JLA 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.JLA 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 JLA 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.

It is the buyers responsibility to set up shipment of their auction winnings.

Once items have been paid in full, items must be turned over to third party shipper. Winning bidder must contact shipping company for payment & details post-auction and to arrange for items to be picked up. J. Levine auction & appraisal is not responsible for damage to any items once items have been turned over to shipping company. All costs associated with shipping are the responsibility of buyer.

Winning bidders MUST make proper arrangements to have their items removed by a 3rd party shipper within two weeks from the date of sale. Failure to do so will result in the automatic shipment of items to address on file with an additional surcharge. The credit card listed on file will be charged prior to automatic shipment.

*Please see the 2 recommended shippers below.

1. Pak Mail
Phone: 602-971-2300
E-mail: [email protected]
Website: http://www.weshipphoenix.com/estimator.php.

Hours of operation:
Mon-Fri 9am-6pm,
Saturday 10am-2pm,
Closed on Sundays.

2. PV Postal & Shipping
Phone: 602-953-1730
E-mail: [email protected]
* PV Postal & Shipping ships anything, although, they are the only approved shipper J Levine Auction & Appraisal will release firearms and ammo to. If you are the bid winner for a firearm (whether an FFL is required or not), or ammunition, PV Postal & Shipping MUST be contacted for out of state shipping)

Note: J Levine does not provide in-house shipping, but are happy to meet with your 3rd party shipper of choice if you prefer to use a shipper other than Pak Mail or PV Postal.


Feel free to contact us with further questions and we thank you for your continued business!

CONDITIONS OF SALE:All pending bidders will only be approved when Sheppards are satisfied that the following criteria have been met:

All pending bidders must agree to a pre authorization through Sheppards

All prospective buyers must provide identification.

All prospective buyers will provide bank or other financial references.

Sheppards reserve the right to refuse participation in any auction at any time.
By participating in this sale via online bidding you acknowledge that you are bound by the terms and conditions.

If the buyer fails to pay in full or fails to comply with the Terms and Conditions of sale as set forth herein, Sheppards reserve the right to exercise one or more of the following in addition to any further remedies available to Sheppards by law:
Hold the defaulting buyer liable for the full purchase amount due
Charge interest at a rate Sheppards decide upon within reason
Cancel the sale
Resell the property at public or private auction under such terms as Sheppards deems appropriate and the defaulting purchaser will be liable for any difference between the original purchase price and the final sales price.


1. Definitions in these Conditions, Sheppard's, who act only as auctioneers and agents for the vendor, are called "the Auctioneers" and the representatives of Sheppard's conducting the auction is called "The Auctioneer."
2. General: Whilst Sheppard's make every effort to ensure the accuracy of their catalogue and the descripton of any lot.
(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
(b) Sheppard's do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor are not themselves responsible for such claims.
(c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Sheppard's, unless they have been instructed in writing by the vendor so to certify and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
3. The Auction:
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regular bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer's discretion.
(b) The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
(c) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
4. Recission: Notwithstanding any other forms of these Conditions. If within fourteen days after the sale Sheppard's have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to Sheppard's in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Sheppard's that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded.
5. Default: Sheppard's disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith.
6. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.


BUYERS' CONDITIONS

7. Inspection: Each buyer by making a bid for a lot acknowledges that he has satisfied himsellf fully before bidding by inspection or otherwise as to all the Sale Conditions the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
8. Property and Risk Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall he entitled to a lien on any lot sold until the purchase price (as defined in 11 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Sheppard's such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer's sole discretion be put up again and re-sold.
9. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgment by Sheppard's that he acts as agent on behalf of a named principal.
10. Removal of Goods.
(a) No purchase shall be claimed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer's risk and expense, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged, or destroyed and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of $5 per item per day. If they are not paid for and removed within seven days of the Sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
(b) In the event of any failure of the buyers to comply with any of the conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidder's own cheque. Cheques drawn by third parties whether in the Auctioneer's favour or requiring endorsement, cannot be accepted.
11. Purchase Price: The purchaser shall pay the hammer price together a premium of 23% + VAT at 23% of the premium ( An internet service charge of 3% is included)
Which are payable by all purchasers. The vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer's right to retain the premium payable by the purchaser. Payment by cash or guaranteed cheque.

Although every effort is made to report damage and restoration to lots in this catalogue, absence of condition does not imply a lot is free from damage,
and prospective purchasers must in all cases be responsible for determining condition themselves.

ENDANGERED SPECIES
Buyers are reminded that the sale of endangered species of fauna and flora are regulated under the convention on Trade in Endangered Species of Wild Fauna and Flora (CITES)

COMMISSION BIDS

If instructed we will execute bids and advise intending Purchasers. The service is free. Lots will always be bought as cheaply as is allowed by other bids
and reserves. Bids, when placed by telephone, are accepted only at the sender's risk, and must be confirmed by Email and Fax.
001 353 5787 36546


IMPERFECTIONS NOT STATED
Special Condition: All purchases via Live Auctioneers are subject to a 3% service charge .

EXPLANATION OF CATALOGUING PRACTICE:

A work catalogued with the name(s) or recognised designation of an artist, without any qualification, is, in our opinion, a work by the artist in other cases,
the following expressions, with the following meanings are used:

"Attributed to . . ." in our opinion probably work by the artist in whole or in part.
?Studio of . . ." in our opinion a work executed in the studion or workshop of the artist, possibly under his supervision.
"Workshop of . . .".
"Circle of . . ." in our opinion a work of the period of the artist and showing his influence.
"Follower of . . . " in our opinion a work executed in the artist?s style but not necessarily by a pupil.
"Manner of . . . " in our opinion a work executed in the artist?s style but of a later date.
"After . . ." in our opinion a copy (of any date) of a work of the artist.
"Signed . . ." in our opinion the work has been signed/dated/inscribed by the artist. The addition of a question mark indicates an element of doubt.
"With signature . . " in our opinion the signature/date/inscription is by a hand other than that of the artist.
"With date . . ."
"With inscription . . "

The price paid by online bidder, or phone bidder is the sum of;
(a)Bidder's final bid (hammer price per lot),
(b)A premium of 20% of the hammer price per lot
(c)All applicable sales tax.
Buyer understands and agrees that the 20% buyer's premium per Lot purchased will be automatically included in the final settlement figure, and the buyer will be required to pay all applicable taxes, or other fees levied by any authority.

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 JLA or its designee on the terms and conditions set forth by JLA.
4.Buyer agrees not to join JLA 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 JLA for all costs, expenses and fees, including attorney fees, in defense of such claims.

REMEDIES/ Legal
(1)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 JLA).
(2)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 at 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.
(3)Bidder hereby acknowledges that Auctioneer is an Arizona company with its principal place of business in the State of Arizona. BIDDER EXPRESSLY AGREES THAT THIS AGREEMENT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF ARIZONA, THAT THE STATE COURTS OF ARIZONA 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 IN THE MARICOPA COUNTY SUPERIOR COURT SYSTEM OF THE STATE OF ARIZONA. AMENDMENTS AND INTEGRATION. 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.
(4)The rights and remedies of Auctioneer under this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies Auctioneer may have by law, statute, ordinance or otherwise.
(5)In any litigation or proceeding arising out of or related to this Agreement, Buyer agrees to pay all of JLA's attorney fees, costs and other expenses incurred in connection with the litigation or proceeding if JLA is successful in such litigation or proceeding.
This Agreement and related Contract of Sale contain the entire agreement between Buyer and JLA pertaining to the subject matter described herein. Any terms proposed by Buyer orally or in writing which add to, vary from or conflict with this Agreement shall be void.

This Bidder Agreement ("Agreement") is entered into between the person bidding on the online format (referred to herein as either "Bidder" or "Buyer") and J. Levine Auction & Appraisal, LLC, an Arizona limited liability company, or its assignee ("Auctioneer"), (together, Bidder/Buyer and Auctioneer are referred to herein as the "Parties"). Bidder agrees to be bound by the terms of this Agreement with respect to all sales and auctions conducted by Auctioneer. Bidder acknowledges that additional terms to this Agreement may be posted and/or announced from the auction block and such additional terms are deemed incorporated into this Agreement by this reference and are binding on Bidder.
1. FULL PAYMENT: The price paid by Bidder as a buyer at an auction shall be the sum of (a) Bidder's final bid, (b) a premium of 15% of the final bid on each item if the Bidder participates in the action in person or 20% of the final bid on each item if the Bidder participates in the auction via the internet or telephone, and (c) all applicable sales tax. All purchases must be paid in full before Bidder leaves the premises or disconnects from Bidder's internet or telephone connection, as applicable. The Parties agree, and Buyer consents, that Auctioneer has a lien on all items purchased by Buyer at auction as security for payments due under this Agreement and is authorized to file and record any and all documents and instruments necessary to effectuate and/or perfect such lien, including, but not limited to, a "UCC-1 Financial Statement" form under Arizona's statutory counterparts to the Uniform Commercial Code. No item may be removed from the premises until Auctioneer receives full payment of all amounts due hereunder. Payment for all purchases must be made in cash or, if pre-approved, by credit card or check. All out of state checks will require a 7-10 day holding period to ensure that the payment clears. Letters of credit or guarantees must be given for each specific auction only, along with proof of identity. Bidder agrees not to stop payment on any check and not to dispute a credit card charge made in accordance with this Agreement. Bidder is responsible for all expenses incurred for the processing and collection of a check that is returned for insufficient funds and for all expenses incurred for any charges that are reversed by a credit card company. In the event Bidder stops or places a hold on any payment made pursuant to this Agreement, Auctioneer reserves the right to repossess the items purchased thereby, at any time.
2. NO WARRANTY: ALL ITEMS SOLD AT AUCTION ARE SOLD ON BEHALF OF THE SELLER AND ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND OR NATURE AND ARE NOT SUBJECT TO RETURN. NO STATEMENT (ORAL OR WRITTEN) IN ANY BROCHURE OR CATALOG (ONLINE OR IN PRINT) BY AUCTIONEER OR BY SELLER (OR BY THEIR RESPECTIVE AGENTS), AT THE SALE OR AT ANY TIME SHALL BE CONSTRUED AS A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STATEMENTS MADE REGARDING ANY ITEM ARE STATEMENTS OF OPINION ONLY. ALL ITEMS ARE AVAILABLE FOR PHYSICAL INSPECTION PRIOR TO SALE, AND BIDDER IS ENCOURAGED TO INSPECT ITEMS PRIOR TO BIDDING. Bidder hereby represents that Bidder will have examined all items on which it intends to place a bid prior to the commencement of the sale and will accept any item won at auction AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT WARRANTY. Auctioneer reserves the absolute right to withdraw any item at any time before its actual final sale, including during bidding. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder.
3. DISPUTES: The highest bidder acknowledged by Auctioneer shall be deemed the buyer of the item auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right and the discretion either to determine the successful bidder or to re-offer and resell the item in dispute. The Auctioneer's designation of a buyer shall be final. If Auctioneer fails to deliver an awarded item for reasons set forth in this paragraph, then Auctioneer will only reimburse the amount paid for such awarded item. If any dispute arises after the sale, Auctioneer's sales records shall be conclusive as to the buyer, the amount of the highest bid, and in all other respects.
4. BUYER'S RESPONSIBILITY: Subject to the provisions of Section 3, a sale by auction is complete when the Auctioneer so announces by the fall of the hammer or, if a hammer is not available, by saying "Sold"; at such time, title to the offered item passes to the highest acknowledged bidder, who thereupon immediately assumes full responsibility and all risks of loss and damage therefore, and who will immediately pay the full purchase price therefore. Buyers should guard their items accordingly. Under no circumstances is 5. 5. REMOVAL OF ITEMS: All items must be completely removed from the premises by Buyer at Buyer's sole expense without exception within seven business days following the sale of such items. Expenses incurred by Auctioneer for cleanup, removal of debris, and/or removal of Buyer's items from and after the expiration of the five calendar day period will be billed to the Buyer and Buyer hereby agrees to pay Auctioneer for such expenses. Buyer will make every effort not to damage another person's items and property while removing Buyer's items. In addition to any expenses incurred by Auctioneer for cleanup or removal, Buyer will be subject to a $10.00 storage fee per item per day on items not removed within the five calendar day period. Any item not removed within seven (7) business days following the sale of the item will be deemed abandoned. Auctioneer, at its sole discretion, may sell or store the item at the expense of Buyer. If Auctioneer sells the abandoned item, then Auctioneer will send the proceeds of such sale, after deducting all expenses, storage fees, and a 35% consignment fee, to Buyer.
6. ASSIGNMENT. Any right of Buyer under this Agreement or under the law shall not be assignable and shall be enforceable only by Buyer. Buyer shall not be entitled to any remedy, relief or damages beyond the rescission of the sale, return of the item and refund of the purchase price; and without limitation, Buyer shall not be entitled to damages of any kind.
7. INJURY; DAMAGE; HOLD HARMLESS: 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 at 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.
8. GOVERNING LAW; JURISDICTION. Bidder hereby acknowledges that Auctioneer is an Arizona company with its principal place of business in the State of Arizona. BIDDER EXPRESSLY AGREES THAT THIS AGREEMENT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF ARIZONA, THAT THE STATE COURTS OF ARIZONA 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 IN THE MARICOPA COUNTY SUPERIOR COURT SYSTEM OF THE STATE OF ARIZONA.
9. AMENDMENTS AND INTEGRATION. 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.
10. SEVERABILITY. If any provision of this Agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law.
11. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of Auctioneer under this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies Auctioneer may have by law, statute, ordinance or otherwise.
12. AGENT: Bidder hereby acknowledges that Auctioneer is acting only as the seller's agent and NOT the agent of Bidder.