TERMS
These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-five numbered paragraphs that outline the relationship between you (“the Bidder”) and Wheatland Auction Services. 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. Placing a bid in any of our auctions will 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, these 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.
1. Registration: To gain access to the Auctioneer’s bidding system, you will need to complete registration. 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 will be banned from participation in the Auctioneer’s auctions indefinitely, should you provide any false information during the registration process.
2. 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 bidder number – 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.
3. Conduct of Sale: All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale.
4. Bidder’s Duty to Inspect and Investigate: You acknowledge that the Auctioneer 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 for this auction. If you are unable to preview the items in person or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly.
Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. We have provided a guideline of condition for some of the ungraded items in the auction (VG, VG+, EX, NM). However, this is our opinion of the condition of the items and not a guaranteed determination as may be made by a grading service. Be sure to preview each item prior to the sale and let your eye be your guide. 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 to the Auctioneer, nor for any claim against the Auctioneer.
5. 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. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS WILL OR IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANY 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. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, BUT DESCRIPTIONS ARE NOT GUARAUNTEED.
6. Autographed Items & Memorabilia: If within 30 days of the close of the auction, an autographed item is determined to not be authentic by an expert in the field, you may return the item for a full refund of your purchase price. The item must be accompanied by a letter from the expert (PSA/DNA, JSA, Beckett, SGC) explaining their findings. There will be no refund for the authentication services. Wheatland Auction Services reserves the right to have the item authenticated by any additional experts to determine the authenticity of the item.
7. 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. 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.
8. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect 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.
9. Closing: The Auctioneer’s online auctions are designed to mimic traditional “live” actions. For this reason, the first auction lot will officially close at the scheduled closing time, with each subsequent lot closing every 30 seconds after that, until all lots have closed. If a bid is placed within 10 minutes prior to an item’s scheduled closing time, the clock is automatically extended for an additional 10 minutes.
10. 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.
11. Payment: Invoices will be sent out within 5 business days of the completion of the auction, and payment is required within 14 days of the close of the auction. You may pay using credit card (limit of $5000 may be charged to credit card, remaining balance must be paid by alternative method) or PayPal by clicking on the link on our website. On the 14th day following the closing date of the auction, all unpaid balances will be charged to the credit card associated with your account. All shipping inquiries, if any, should be made prior to placing any bids in the auction. The winning buyer is responsible for all shipping and insurance charges.
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 will suspend your online bidding privileges indefinitely. The Auctioneer may 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 12-15 of these Terms and Conditions.
12. Shipping: The majority of the shipping will be completed in-house by the staff of Wheatland Auction Services. Insurance will be added to every shipment without exception, to ensure the safe arrival of your winning items. No handling charges will be applied to any shipping fee, and the cost of shipping & insurance will be detemined by the carrier. We will use USPS, FedEx, and UPS, all at our discretion, and will ship to you using the safest and most cost effective method. All shipping and insurance charges are the responsibility of the buyer. The exception to this clause will occur when we feel that a winning lot is too fragile or large for us to package securely, and then we will utilitize an outside shipping company, Postal Connections, to pack & ship your items. You will work directly with Postal Connections, and will pay them directly for all packing & shipping charges. Any lot that will need outside professional shipping services will be identified in that lot's description.
13. Buyer’s Premium: An 18% buyer’s premium is added to every purchase. This means that if your winning bids add up to $100.00, you will be charged $118.00 + sales tax (if a PA resident), at checkout.
14. Sales Tax: Sales tax will be collected on items purchased at this auction for all Pennsylvania State residents.
15. 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 fail to pay for any item after being notified of your account being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.
16. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have 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.
17. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Lancaster County, Pennsylvania’s Small Claims Court, if the claim in question amounts to less than $12,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $12,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Lancaster County, Pennsylvania. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer must take action against you as a result of your violation of these terms and conditions, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.
18. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 18 of these Terms and Conditions, 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 in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
19. 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 — will 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.
20. 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.
21. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, 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.
22. 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.
23. 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.
24. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the Commonwealth of Pennsylvania.
25. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.