TERMS AND CONDITIONS
By registering to bid or placing a bid you agree to be bound by all of these terms & conditions, and any other announced terms and conditions of sale or rules of this site. Arizona law will apply to all legal disputes.
It is incumbent of any participation in a Pinnacle Estate Advisors, LLC d.b.a Bradford's Auction Gallery ("Bradford's" or "Auctioneer") auction that all individuals or individuals authorized to act on behalf of any entity, be they "Bidders", "Buyers", "Sellers", "Owners", or "Clients" (collectively, "Participants") be familiar with these Terms and Conditions (also, the "Agreement"). This Agreement contains governing information on obligations, limitations, rights and exclusions for participation in any auction produced by Bradford's. Formally consigning items as a Seller or Seller's Representative, registering for a Bidder account authorization (whether or not granted by Bradford's), or formally bidding on any lot in any Bradford's auction constitutes an affirmation by the individual or entity that they understand and agree to, and are legally bound to, these Terms and Conditions. All Participants attest they are of legal age capable of executing a binding contract. Be it known that additional Terms and Conditions to this Agreement may be posted and/or announced for any or all future auctions and such additional terms are deemed incorporated into this Agreement by this reference and are binding on the individual or entity. The latest version date of this Agreement shall supersede all previous versions as of that date.
Disclaimer
Each Lot is sold "AS IS-WHERE IS", with all faults and defects and all errors of description. Buyer hereby waives and releases Bradford's from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot. Bradford's makes no representations or warranties whatsoever, express or implied with respect to any Lot presented for sale at Bradford's. Bradford's does not warrant any merchantability or fitness for a particular purpose on any Lot. Participants are encouraged to inspect the Lot(s), or to have the Lot(s) inspected by Participant's agent or representative before bidding. By bidding, Participant acknowledges and agrees that Participant has had opportunity to inspect the Lot(s), and that Participant is relying solely on Participant's inspection and investigation, or that Participant has waived inspection and investigation, and that Participant has not relied on any statement, representation, warranty, or guaranty made by any Seller or anyone acting as agent or representative of a Seller (including Bradford's), and any photographs or other images of Lot(s) are adequate for Participant's purposes.
Condition of Goods
Our catalog team takes pride in accurately describing and reporting conditions. All damages seen at time of listing have been identified. Not all common nicks, scratches and wear may have been noted. It is the bidder's responsibility to determine overall condition before bidding on an item by live preview, looking at photographs, reading descriptions or via request of condition reports.
Buyer acknowledges and understands:
1. Bradford's 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. Bidder acknowledges that the absence of any reference to condition does not imply the absence of wear, repairs, or defects.
4. Buyer further acknowledges that he has not relied upon any statements and/or oral or written representations by Bradford's 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 live bidding, telephone bids, online bidding, proxy 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, including during bidding.
10. Auctioneer at its discretion reserves the right to refuse any bid from any bidder and not to recognize a bidder.
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 Bradford's or its designee on the terms and conditions set forth by Bradford's. Buyer agrees not to join Bradford's 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 Bradford's 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 Bradford's (using counsel reasonably acceptable to Bradford's). 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 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.
Registration
You may register and submit an application for an account with Bradford's. Bradford's may refuse to accept any application for an account registration, or may cancel any account registration at any time, in Bradford's sole discretion. Accounts are individual to persons or authorized individuals acting on behalf of an entity. Sharing account information with, or allowing access to, the account by any third party is prohibited. Maintaining the confidentiality of access credentials and other account information is the responsibility of the registered user, and registered user acknowledges and agrees that they are and will be solely liable for any and all acts and omissions under the account, including any content that is posted or transmitted using the auction platform. Without limiting the foregoing, registered user agrees to use reasonable efforts to prevent unauthorized access to or use of the account and to preserve the confidentiality of the username and password, and any device used to access the account. Registered user agrees to notify Bradford's immediately of any unauthorized use of the account or any other breach of security of which they become aware. Registered user will be solely responsible for losses incurred by Bradford's and others due to any unauthorized use of the account.
Suspension & Termination
A Participant will be suspended or permanently banned from transacting with Bradford's for providing false or fraudulent information when registering. A Participant will be permanently banned from transacting with Bradford's for failing to honor an auction bid made with Participant's account. Notwithstanding anything to the contrary set forth in this Agreement, Bradford's may cancel any order, terminate access to all or any part of the auction platform at any time, and/or block or prevent future access to and use of the auction platform, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and Participant shall immediately cease using the auction platform, except that all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and further, the provisions of this Agreement that by their nature are intended to survive termination shall so survive.
Bradford's Communication
Any Participant accessing Bradford's auction platform provides its e-mail address to Bradford's. In so doing, consent is granted to receive electronic communications from Bradford's. Bradford's will communicate with Participants by e-mail or by posting notices on the auction platform. Participants agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communication be in writing. In conformity with "do-not-call" regulations at the Federal or State level, Participant is providing affirmative consent to being contacted at the phone number shown in the application and this consent shall remain in effect until it is revoked in writing. Bradford's may from time to time contact Participant concerning sale, purchase, and auction opportunities available through Bradford's and its affiliates and subsidiaries.
Provenance
Provenance and authenticity are not guaranteed by the consignor or the Auctioneer. While every effort is made to determine provenance and authenticity, it is the responsibility of the Bidder to arrive at their own conclusion prior to bidding. Provenance or other information regarding history of ownership may be provided if known, or may be excluded at the request of the consignor.
Payment
Acceptable forms of payment are Bank Wire, Credit Card, Debit Card or Cash upon pick-up. Local checks or cashier checks are not accepted without prior approval from Bradford's. Bradford's reserves the right to request payment in certified funds (bank wire, bank check or cash) for any bidder regardless of history. If you do not have bid and purchase history with Bradford's or if you have negative feedback from other auctions, we may require payment in certified funds. If you have questions around payment terms please inquire prior to bidding and winning.
Complete payment is required day of auction or upon receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). All online bidders are required to have a credit card in their account in order for registration to be approved. Items not paid for following sale are deemed non-collectable at 30 days, bidder is marked as a nonpaying bidder, and could be banned from future auctions.
Theft of Services
A bid cast is a legal contract. Non-payment on a successful winning bid constitutes a Theft of Services under Arizona Revised Statutes and may also qualify as a reportable cancellation of debt under IRS 1099-C. Bradford's reserves the right to refer the matter to local law enforcement for potential criminal action as well as file notice with the IRS. As a Bidder, placing a bid is a binding contract with the Owner/Seller and the bid cannot be retracted. Once a winning bid is placed, the winning Bidder will be obligated to buy the product at the said price indicated in the final bid plus all applicable buyers fees and taxes. Placing a bid with Bradford's, and winning, then not paying for the product is illegal in Arizona, and prosecution can result.
Collusion
Agreements between Bidders and consignors to effectuate a non-sale of an item at auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize Bradford's auction to obtain sales for non-selling consigned items subsequent to an auction, are considered collusion and are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Bradford's reserves the right to charge the Bidder the applicable buyer's premium and consignor or seller's commission as determined for each auction venue and by the terms of the seller's agreement. Participants are responsible for paying winning bid price plus fees.
Default
If payment in full is not received under agreed terms, Bradford's may cancel all bids and charge the Participant a relisting fee of 25% of the total unpaid invoice amount to Participant's card on file. By placing a Bid it is acknowledged that the relisting fee is reasonable in scope and amount and adequately and appropriately compensates Bradford's for the expense it incurs as a result of the Participant's failure to comply with the payment terms of these Terms and Conditions, and further acknowledge that Bradford's actual damages resulting from Participant's breach of these payment terms would be impractical and extremely difficult to calculate, and agree to pay the relisting fee in accordance with this paragraph, and authorize Bradford's to charge the credit card on file in accordance with this paragraph. In addition to remedies available to Bradford's and the Seller by law, if Participant does not comply with this Agreement (this includes but is not limited to payment in full of the Total Amount Due), Bradford's, at its option, may cancel the sale or resell the property either publicly or privately, and in such an event Participant shall be liable for the payment of the deficiency, plus all costs and expenses of both sales and Bradford's commission for both sales at Bradford's standard rates, as well as any other damages, including but not limited to loss of profits. Participant hereby waives any and all notices of disposition of collateral and sale. Participant is also responsible for all other charges due hereunder, in addition to any attorney's fees incurred by Bradford's, incidental damages, and any other damages incurred by Bradford's. Purchaser also acknowledges and agrees that should Bradford's proceed with a public sale of any property of Participant, any auction conducted by Bradford's is deemed to be a reasonable commercial sale.
Declined Credit Card
If your credit card is declined at reconciliation for any reason whatsoever, Participant may be charged a $30 processing fee to run another credit card or to run same card at a later time.
Chargebacks
Participants agree they will not, under any circumstances, initiate a credit card chargeback with respect to any purchases, including shipping and handling charges incurred at the auction. Participants further agree that if, in violation of this Agreement, a credit card chargeback is initiated, this Agreement will be conclusive evidence of Participants' agreement not to initiate a credit card chargeback; and Participants acknowledge and agree that on the presentation of these Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Bradford's. If, in violation of these Terms and Conditions, Participants initiate a credit card chargeback, even if successful, Participants will remain liable for all purchases made at the auction, and Participants will be responsible for all costs and expenses, including all collection and attorneys' fees, incurred by or on behalf of Bradford's and/or any Seller(s) in challenging the credit card chargeback and in collecting payment. Participants' agreement not to initiate a credit card chargeback is a condition to Participants' registration as a Bidder, and for the privilege of bidding at the auction, and is being made as an inducement for Bradford's to accept Participants' registration and to permit Participants to bid at the auction. Bradford's is relying on Participants' agreement not to initiate a credit card chargeback in accepting Participants' bidder registration and in permitting Participants to bid at the Auction.
Delivery Failure by Bradford's
If Bradford's is prevented by fire, theft, or any other reason from delivering any property to Participant, Bradford's liability shall be limited to the sum actually paid therefore by Participant and shall in no event include any incidental or consequential damages.
Notice of Reserve
All auctions are with reserve, whether or not disclosed. Notice is hereby given that in the event of a reserve, Bradford's may implement such reserves by bidding on behalf of the seller until the lot or lots have reached a bid amount that is acceptable to the Seller. Notwithstanding the existence of any reserve, a Seller may accept a bid lower than any reserve price in its sole discretion. Bradford's may counterbid on behalf of a Seller on any Item or Items.
Interest
If Bradford's has an interest in an offered Item or lot other than any commissions, including risk of removal, Seller's objection to selling an Item or lot for a particular price, or any other interest, Bradford's may bid to protect such interest.
Technology Disruptions
Bradford's will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (a) loss of connectivity, breakdown, disruption, or failure of the online auction platform, (b) errors in programming or set-up of the online auction, (c) breakdown, disruption, or failure of a Participant's internet connection, computer, or system, or (d) otherwise. Bradford's may, but will not be required to, continue, suspend, delay, extend, reschedule, close, re-set, or re-start the auction because of disruptions caused by technology failures or errors, even after bidding has commenced.
Online Auction Platform Provider and its Affiliates or Contractors
Bradford's may use an online auction platform provider to facilitate the auction. Under no circumstances will Bradford's be liable for any failure of the online auction platform provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the online auction platform provider to perform their obligations.
Disclaimer Regarding Online Auction Platform
Bradford's makes no representations or warranties, and disclaims all representations and warranties, that any online auction platform or any related website or technology will be uninterrupted, error free or virus free, or as to the accuracy, completeness, reliability, security, or current nature of any online auction platform, or any related website or technology.
Participant Responsibility
Participant is responsible for all bids transmitted from Participant's computer, device, phone, or otherwise made constituting a bid from Participant's account. If a winning bid is sent from Participant's account, Participant will be the Buyer upon certification by Bradford's.
Sales Tax Law
State Sales Tax Law, if applicable, will be applied. Sales Tax will be charged on all purchases subject to the assessment, unless Bradford's has on file or receives prior to the auction (1) Sales Tax Exemption Certificate acceptable to Bradford's and to the State of Arizona, (2) COMPLETED Arizona Form 5000A, (3) a separate automobile dealer exemption certificate/license if you purchased a titled asset, and (4) Letter of Authorization, if you are not the company owner. You will not be granted tax exemption post-sale if these forms are not completed to the satisfaction of Bradford's. Participants will only be tax exempt for those assets which are listed on the Form 5000A. Non-dealer out-of-state buyers who intend to register the vehicle outside of Arizona will be required to fill out an AZ form 5010 or 5011 depending on their circumstances and, if acceptable, state sales tax will be waived partially or in full. The buyer in this scenario is still required to pay the city and county taxes where applicable.
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. 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. In any litigation or proceeding arising out of or related to this Agreement, Buyer agrees to pay all of Auctioneer's attorney fees, costs and other expenses incurred in connection with the litigation or proceeding if Auctioneer is successful in such litigation or proceeding. This Agreement and related Contract of Sale or Consignment Agreement contain the entire agreement between Participant and Auctioneer pertaining to the subject matter described herein. Any terms proposed by Participant orally or in writing which add to, vary from or conflict with this Agreement shall be void.
