TERMS & CONDITIONS
Terms & Conditions
Form of Payment
All payments must be made by cash, approved checks, or credit cards. All floor bid purchases include a 18% buyers premium. If paying with cash or check buyer receives a 3% discount. All “Absentee Proxy Bid” purchases include a 18% buyers premium. If paying with cash or check buyer receives a 3% discount. Floor bids are subject to a California State Sales Tax. Out of State “Absentee Proxy Bid” purchases will not be charged state tax. If paying with cash or check you receive a 3% discount. All items must be paid in full on the day of the sale. No purchases may be removed until paid in full.
The price estimates given have been drawn from previous auctions, collector sales and current going rates at the time of publication. However, it should be noted that these are purely estimates of the range of prices that items could bring. This shall give bidders an idea of what the bidding range is expected to be. There is no guarantee that prices will fall within this range. In some case, individual items may vary in price, due to the exceptional quality or rarity of the item.
Many items will have no reserve. For those that do, it is usually the case that without a reserve, the item would not be offered. Reserve prices will normally be reflected in the low estimated value.
Preview and Silent Auction
All auction items, both for the “LIVE” and “SILENT” auction will be available for preview at the OC Fairgrounds auction site location on Saturday May 11, from 12:00 noon onwards.
You must purchase a bidding number to bid on both “SILENT” auction items and to be a bidder to the “LIVE” portion of the auction. Only those who purchase a bidding number will be allowed admittance, along with a guest to the main “LIVE” surf auction.
“Absentee Proxy Bids” for Main & Silent Auction Items
For those unable to attend the auction in person, you will still be able to place an advance bid on auction items without actually being present. We will offer you the opportunity to make “Absentee Proxy Bids” in advance. ”Absentee Proxy Bids” for the main and silent auction items will be offered starting May 1, with bids being entertained until May 10, 2013 at 5:00pm Pacific Standard Time, exactly 24 hours prior to the start of the main auction. All “Absentee Proxy Bids” must be lodged by this time to be valid. At this time, “Absentee Proxy Bids” for the main and silent auction items will close and will serve as set bids for the main and silent auction items. In such case, should on-site bidding not reach the “Absentee Proxy Bid”, then the “Absentee Proxy Bid” shall be deemed the high bid. Should on-site bidding exceed the “Absentee Proxy Bid”, then the “Absentee Proxy Bid” shall be deemed an insufficient bid. Please note the “Absentee Proxy Bid” will carry a 18% buyers premium for successful bids. If paying with cash or check buyer receives a 3% discount. Bids that are submitted as an “Absentee Proxy Bid” in advance, in writing, on line or otherwise submitted before the auction for execution at or below a specified price will be executed as a courtesy for the absentee bidder. No warrantees shall be made for failure to execute such bids or for errors that may occur in the execution of such bids. Should a tie be lodged, the bidder in attendance will be deemed the successful bidder.
All sales are final upon announcement by Auctioneer as “sold” to the highest bid: the highest Bidder shall be the Purchaser and no Purchaser shall retract his bid. All sales are final. However, a registered buyer’s bid (an offer) is not a sale when it is less than a minimum reserve on that item. In this case, the auctioneer will say “offer” at the close of the bidding process. The Bidder must contact the owner/ principals to find out if offer is accepted. It is the responsibility of the Purchaser to insure his purchases immediately.
Terms of Sale
- All purchases must be removed from the Auction Site the day of the auction and all costs, responsibility and risk of such removal shall be borne by Purchaser. If for any reason the Purchaser fails to remove any lot within the time specified, the lot shall be deemed abandoned, and the Auctioneer at his sole discretion may resell or remove and store the said lot at Purchaser’s sole risk and expense. Purchaser shall be liable for any rent incurred or damages suffered by the Auctioneers because of Purchaser’s failure to remove any lot.
- There shall be no guarantee or warranties, expressed or implied. Each and every lot will be sold “as is, where is”. The Bidder agrees that he has satisfied himself and is not relying on the Auctioneers, nor are Auctioneers liable.
- Any dispute arising as to any bidding shall be settled by the Auctioneers at their sole discretion and the Auctioneer may, immediately, put the lot in dispute up again for sale. The Auctioneers reserves the right to refuse any bid which the Auctioneers consider to be an insignificant advance over the preceding bid.
- The Auctioneers reserve the right to refuse any applicant for bidding card the privilege of bidding at this auction sale and to revoke such privilege at any time.
- Purchaser acknowledges that prior to the auction all lots were available for inspection.
- Auctioneers may, at any time, at the their sole discretion and without notice or liability to bidder:
- withdraw or cancel the sale of any lot, or
- offer any lots in groups or with privilege.
- A purchaser is deemed to have accepted a lot when they make a bid.
- Bidder acknowledges that an Auction Site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electrical circuits may be live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at his own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties and the Bidder shall so advise his agents and employees. No person shall have any claim, demands or causes of action, whether at law or in equity, against the Auctioneers their agents, employees or principals for any injuries sustained nor for damages to loss of property which may occur from any cause what so ever.
- These Terms of Sale may not be amended except by agreement in writing signed by the Auctioneers and the respective Purchaser.
TAKE YOUR PURCHASED BOARD WITH YOU
Purchaser is required to pick up board the day of the auction – May 11. The Auctioneer will provide board bags for the purchased surfboards for a wholesale price of $50 (total for both a soft sock and vinyl day bag—TWO BAGS = $50 TOTAL).
If you want to pick up your board on at the SH&CC at 110 Iglesia San Clemente, Ca 92672 you may do so but a handling cost of $50.00 per board will be charged.
Packing and Shipping
Packing of sold items shall be offered as a service to buyers for a fee. Please contact auction staff for arrangements. Surfboards will be packed for a minimum fee of $50.00 per board, up to 10′ and 50 lbs. Boards over this length or weight will be $100-$150 depending on size and weight.
Boards will be shipped only in special circumstances using a freight service at auctioneer’s discretion. Shipping to all world-wide destinations will be via separate Freight Forwarders. Purchasers shall be responsible for all shipping costs incurred.