|
BROWSE BY |
|
|
TERMS & CONDITIONS OF AUCTION
1. This auction is presented by Robert
Edward Auctions, LLC. The auction is conducted under these Terms and Conditions
of Auction and applicable state and local law.
2. Any person participating in or who
registers for the auction agrees to be bound by and accepts these Terms and
Conditions of Auction.
3. Items are sold to the highest bidder.
Bidding is scheduled to begin approximately Monday, April 12, 2010. (Bidding may
open earlier if possible).
4. The final day of bidding for all Lots
is Saturday, May 1, 2010. Bids may be placed at any time prior to 4:00 PM EDT,
May 1, 2010. The auction is scheduled to close at 4:00 PM EDT on May 1, 2010,
HOWEVER, we will continue to accept bids after 4:00 PM EDT on all lots in
the auction until approximately 15 minutes pass without either a phone or
internet bid. IF YOU HAVE NOT BID ON AN ITEM BEFORE 4:00 PM, YOU CANNOT BID
ON IT AFTER 4:00 PM. To ensure that everyone can get through to bid, we will
remain open for bids until approximately fifteen minutes pass without a bid. If
the line is busy, we are still accepting calls. This system is designed to
reward bidders, not the person who can stay up the latest. If the auction
continues to as late as 11 P.M. EDT on May 1, 2010, Robert Edward Auctions
reserves the right to close the auction, at its sole discretion, at any time. We
recommend bidders leave maximum left bids utilizing Robert Edward Auctions’
“Honest Auto-Bid” system to avoid disappointment. There will be no warning as to
exactly when we will close the auction should bidding continue past 11:00 P.M.
EDT. We do not anticipate the auction to remain open past 2:00 A.M. EDT
(technically the morning of May 2, 2010). This closing system is designed to
reward bidders, and eliminate all strategies which needlessly encourage the
auction to remain open many hours into the following day, potentially giving an
advantage to bidders who have the ability to stay up the latest. When the
auction is over, callers will be greeted with a message informing them that the
auction is over, and a message will also appear on our website stating that all
bidding is closed. All lots remain open for bidding until the close of the
entire auction. All lots are closed simultaneously.
5. All bidders must have a bidder number.
Please note that anyone who has ever in the past done business with Robert
Edward Auctions over the past 30 years, as well as virtually all past MastroNet,
Ron Oser Enterprises, and Oregon Trail customers, have already been assigned new
Robert Edward Auctions bidder numbers. If you have received this catalog by
mail, it is likely that you have already been approved and activated for
bidding. Your bidder number can be found on the address label of the envelope in
which this catalog was mailed. With this bidder number, you will be able to
place bids by phone, or go online to obtain your confidential password to allow
for internet bidding by visiting
www.RobertEdwardAuctions.com and
following the instructions found there.
6. All new bidders must register online
at
www.RobertEdwardAuctions.com or call (908) 226-9900 to obtain a
bidder number prior to April 29, 2010. Once you receive a bidder number,
this will be your bidder number for all future Robert Edward Auctions, LLC
auctions.
7. All new registrants will need two
hobby references. These references will be checked. First time bidders may be
asked to sign and fax their initial bids to 908-226-9920. Absolutely no
bidder registrations will take place the day of the auction. No exceptions
can be made. We reserve the right in our sole discretion to refuse to register a
bidder or to refuse to accept bids from anyone. All registrants must be 18 years
or older (21 in some states).
8. At any time bidders may call to learn
the status of an item. We will tell you the current high bid. To top it, you
must bid the next bidding increment. There are absolutely no exceptions to the
minimum raise amounts. Placing a straight bid at a level higher than the next
minimum bid level is not prohibited, but may only be entered with the approval
of REA directly with REA administration. Placing a bid constitutes acceptance of
the terms of sale as outlined herein.
Bidding
increment table follows:
Minimum Value
Maximum Value Expected Bid Increment
from US $ 0
to US $ 499
US $ 50
from US $ 500
to US $ 1999
US $ 100
from US $ 2000
to US $ 4999
US $ 250
from US $ 5000
to US $ 9999
US $ 500
from US $ 10000
to US $ 19999 US $ 1000
from US $ 20000
to US $ 49999 US $ 2500
from US $ 50000
to US $ 99999 US $ 5000
from US $
100000
to US $ 499999 US $ 10000
from US $
500000
to US $ 999999 US $ 50000
from US $
1000000
and above
US $ 100000
9. Internet system-generated bid
confirmation and outbid notices are always sent, but Robert Edward Auctions
cannot guarantee that they will be received. There are many reasons why an
automated email notice will not be received, including computer settings of
recipients which sometimes interpret system email as spam. We recommend to
bidders to not rely exclusively on email outbid notices, but to simply check the
status of your bids online at
www.RobertEdwardAuctions.com.
10. Following each Lot’s description is a
reserve (or minimum bid), and an estimated value range. For more information
about reserves, see previous pages. There are no secret reserves. The minimum
bids are the minimum bids. If you bid the minimum, and no one else bids, you
win. The estimates are provided by Robert Edward Auctions, LLC in good faith,
strictly as a service. It is explicitly stated that actual values may be higher
or lower than the estimated value range provided.
11. Offers to “top all other bids” are not
accepted, but we will bid on your behalf up to a set amount per your
instructions or, in special circumstances, provide a call-back service on
specific lots (See Call Backs and “Up To” or “Limit Bids” sections of these
rules).
12. In accordance with the applicable FCC
regulations, under no circumstances may consignors bid on their own materials.
13. There is no
circumstance under which Robert Edward Auctions, LLC may execute bids on its own
“house account,” thereby unfairly competing with bidders. In fact, to be clear,
Robert Edward Auctions does not even have a “house account,” unlike many other
auctions. Under no circumstance may any executive or employee of Robert Edward
Auctions, LLC place bids in the auction for their personal accounts. Under no
circumstance are consignors permitted to bid on their own lots. This is a
consignment auction, conducted on behalf of consignors, by Robert Edward
Auctions, LLC. Under no circumstance will any lot be offered in any Robert
Edward Auctions, LLC auction which has been purchased or is otherwise owned
outright by Robert Edward Auctions, LLC. Executives and employees of Robert
Edward Auctions, LLC may consign their personal property to the auction. Any and
all lots consigned from the personal collections of any executive or employee of
Robert Edward Auctions (or any relative of any executive or employee or relevant
service provider employee) will be explicitly and formally identified as such in
the lot description. All bidding records are archived, as always, indefinitely,
and will forever be available for auditing purposes, if necessary.
14. Bidders must pay packing, shipping and
insurance costs for all items they win.
15. New Jersey residents must pay 7% state
sales tax or have valid resale certificate.
16. A 17.5% buyers premium will be added
to all winning bids. For example, should you win a lot for $100, your actual
cost will be $117.50 (plus postage, insurance and tax, if applicable).
17. Grading,
condition, authenticity, and warranty of lots: There is a subjectivity to grading – especially the grading of
cards. Every effort is made to verify the condition of each lot as it is
described. We do not accept material for auction without careful scrutiny by not
only ourselves, but, when necessary, by other leading authenticators. We cannot
guarantee that every card described by us will in all cases receive exactly the
same grade, or even be accepted for grading, by any third party grading service.
Similarly, we cannot guarantee that every card graded by one third party grading
service will in all cases receive exactly the same grade by another third party
grading service. No warranty, whether expressed or implied, is made with respect
to any grade, condition, or other adjectival descriptions, which can and do
vary, even among experts. Robert Edward Auctions, LLC utilizes a third-party
authentication process for bats, jerseys, gloves, and autographed items. In
placing a bid on such items, the documentation and letters supporting the
opinion of authenticity that are noted in the description are explicitly deemed
acceptable to the bidder. There will always be experts that will have differing
opinions. In many cases more than one authentication service has reviewed a
given item. As has always been the case at REA, in all cases where the retained
authenticators were not in unanimous agreement regarding authenticity, those
items were not accepted for auction. This is a strict policy which REA pioneered
in 1996. If the opinion of the expert(s), or the documentation supporting the
authenticity of a given item, is not accepted as sufficient for a bidder, it is
the bidder’s responsibility to have an expert of his or her choice examine the
given item for authenticity before bidding. Robert Edward Auctions will
cooperate in any reasonable manner to have any lot examined by any qualified
bidder’s expert(s) of choice. Auctioneer does not warrant authenticity of any
material that is accompanied by a Certificate of Authenticity, or its
equivalent, from an independent third-party authentication provider. The bidder
shall solely rely upon the warranties of the authentication provider issuing the
Certificate or opinion, or on the warranties of the authentication provider of
the bidder’s choice. For information as to authentication provider’s warranties
the bidder is directed to: MEARS, 15417 West National Avenue, #60, New Berlin,
WI. 53215, 414-828-9990; James Spence Authentication, LLC, 2 Sylvan Way, Suite
102, Parsippany, NJ 07054, 973-898-1300; Professional Sports Authenticator
(PSA), 700 East Alton Ave, Santa Ana, CA. 92705, 800-325-1121; Sportscard
Guaranty LLC (SGC), P.O. Box 6919, Parsippany, NJ 07054-6919, 800-SGC-9212;
Global Authentication Inc. (GAI), 15641 Red Hill Ave., Suite 200, Tustin, CA
92780, 949-366-9500; Beckett Grading Service, 4635 McEwen Road, Dallas, TX
75244; or as otherwise noted by the letters of authenticity by other
authenticators accompanying auction lots. Auctioneer offers no opinion as to the
validity of a grade assigned by any third-party grading service. Since we cannot
examine encapsulated cards outside of their holders, they are sold “as is.”
Auctioneer shall not be liable for any patent or latent defect or controversy
pertaining to or arising from any encapsulated collectible. In any such
instance, purchaser’s remedy, if any, shall be solely against the certification
service certifying the collectible. Robert Edward Auctions, LLC is not bound by
the opinions of any authenticators, grading services, or experts, nor do the
rules governing auctions in any of the publications in which we may advertise
hold precedence over Robert Edward Auctions LLC’s stated auction rules, terms
and conditions.
17A. Disclosure Notice:
The following lots have been consigned to this auction from the
personal collection of SGC principal David Forman: 48, 50, 51, 52, 53, 54, 56,
58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 74, 75, 76, 77, 78,
79, 80, 81, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 123, 224, 459, 460,
462, 468, 542, 1507. Mr. Forman purchased the cards in these lots in the open
market at public auction, already graded, and this is the case with all
SGC-graded cards Mr. Forman is selling from his personal collection in this
auction. This disclosure is being made at his insistence (and with our blessing)
to avoid even the potential appearance of impropriety.
18. Large Autograph Group Disclaimer:
When dealing with a single individual auction lot containing many hundreds or
thousands of autographed items, these lots are offered with the explicit
understanding that it is possible that there may be an extremely small
percentage which are not authentic. A team of authenticators worked to process
the autographed items presented in this auction. When authenticating large lots,
such as a collection of 6,000+ signed 3 x 5 cards, or a set of 700+ signed
baseball cards, great care has been taken in the authentication process, with
all the greater attention focused on any items representing a concentration of
value, but it is always possible that on rare occasions a secretarial or stamped
signature could be missed here or there. Without this disclaimer, as a practical
matter, it would not be possible for Robert Edward Auctions to offer such lots
at all. All bidders bidding on such lots do so with this understanding.
19. All card grading service population
report information provided in descriptions is as of when the lot was written;
it is therefore possible that, in isolated cases, cited population report
information may not take into account very recently graded cards. All price
guide information provided in descriptions is as of when the lot was written; it
is therefore possible that very recent price guide changes will not be
reflected, especially when citing information from publications issued monthly
such as Sports Market Report (“SMR”). All measurements are approximate.
20. Grading of Autographs: Autographs are
graded for boldness and overall quality on a scale of “1 to 10,” with “1” being
the lowest quality, and “10” being the highest quality. These grades appear in
the text of autographed lots, usually in parentheses immediately following the
signature name in quotes. These grades are subjective. They are provided as a
casual opinion, for the purpose of communicating the quality of signatures, and
are not presented as the product of a rigorous scientific process. We have never
had a single complaint regarding signature grades, but we wish to be clear that
we cannot guarantee that every signature graded by REA will receive exactly the
same grade by any individual or third party grading service.
21. Complete pre-auction viewing,
Xeroxing, faxing, and telephone consultation services are available and
encouraged. If necessary, special arrangements can be made to provide enlarged
photos or photocopies, or scans by email. All lots are available for inspection
by special appointment only. Final viewing is Wednesday, April 28, 2010.
Consultants are available to provide detailed descriptions by phone prior to the
final auction closing date.
22. No
retractions of bids are permitted. Once a bid has been placed, it may not be
retracted.
23. ALL SALES
ARE FINAL. This is a consignment sale. No returns
are accepted.
24. In no event will the liability of
Robert Edward Auctions, LLC exceed the purchase price paid for any lot.
25. Robert Edward Auctions, LLC reserves
the right to postpone or delay the auction, for a reasonable period of time, due
to any significant, relevant event, which in the sole discretion of the
auctioneer, makes it inadvisable to hold the auction as scheduled, without
recourse from any bidder or prospective bidder.
26. Robert Edward Auctions, LLC, at its
sole discretion, reserves the right to accept or reject any or all bids by any
bidder.
27. Payment is due within 14 days of
notification of lots won. Notification
and invoices will be sent by email. (Note: We will no longer be sending hard
copies of invoices by mail unless requested). Notification and invoices may
also be sent by mail, telephone, fax, or any combination of these
communications. In addition to being sent invoices by email, Internet bidders
may access their complete invoices (including shipping and insurance) online
within 48 hours of the auction close by logging on and clicking “accounts” on
the navigation bar. This ability will constitute notification of payments due
for all Internet bidders. Please call to prearrange any other type of payment
schedule, which if desired must be requested prior to bidding, and approved by
Robert Edward Auctions, LLC in writing. Any bidder who has not paid in full
within 14 days of notification without having made prior arrangements for late
payment may have future bidding privileges revoked. We accept personal checks.
Checks are held until funds are collected which takes 5-10 business days; it
will take an additional several business days after funds have been collected
before shipment will occur. We also accept cashier's checks, certified checks,
money orders or wire transfers. These forms of payment are registered
immediately and shipment of items occurs as soon as possible, usually within
several days. No credit cards accepted.
28.
Title to any lot remains with the
consignor or Robert Edward Auctions, LLC, and shall not pass to the successful
bidder until the lot is actually paid for in full.
29.
If a winning bidder does not honor his
or her bid with payment in full per the auction rules, then it is agreed that
Robert Edward Auctions, LLC is entitled to a payment of $10 per day per lot from
the non-paying winning bidder for storage and insurance of the unpaid lots until
the matter is resolved, and that Robert Edward Auctions, LLC may, in addition to
asserting all remedies available by law, at its sole discretion i) sell the
given item(s) to an underbidder, or ii) reoffer the given lot(s) in a future
auction, or iii) hold the defaulting buyer liable for the entire purchase price.
In either case, it is explicitly agreed that the non-paying winning bidder will
be responsible for any and all losses incurred, and also be responsible for all
service charges and/or commissions related to the subsequent sale by Robert
Edward Auctions LLC in the sale or auction of the said lot(s), and also be
responsible for all interest charges at the rate of 1.5% per month on all
outstanding balances until paid in full. Whether sold to an underbidder or
reoffered at auction, the service charges or commissions on lots sold due to
non-payment will be computed as if Robert Edward Auctions LLC had sold the given
item at auction, collecting its standard 10% commission rate from the seller and
17.5% buyers premium from the buyer. To be clear, if a buyer should fail to
honor his or her winning bid(s), and REA sells the given lot(s) to another
buyer, the nonpaying winning bidder will be responsible for all of REA’s
commissions, both the sellers fee and the buyers premium, that would have been
associated with the sale, had the nonpaying bidder honored his or her invoice,
plus any difference in price between the not honored sales price and the
subsequent sale price (plus interest, storage, and all of REA’s reasonable legal
expenses in collection, if necessary). For example, if a bidder were to win a
given lot for $11,750 (hammer price of $10,000 plus 17.5% buyers premium) and
refuse to honor his or her winning bid per the auction’s terms and conditions,
Robert Edward Auctions LLC might sell the lot for $10,575 to mitigate its
damages. (This sum is the equivalent of hammer price $9000 plus 17.5% buyers
premium). In such a case, the non-paying bidder agrees they would owe Robert
Edward Auctions LLC the sum of $3,650 plus interest computed at the rate of 1.5%
per month on all outstanding balances. The $3,650 is computed as the difference
between the original selling price of $11,750 and $8,100, with the $8,100 figure
representing the consignor proceeds that would normally be generated by the
subsequent sale of a lot sold at a hammer price of $9,000 by Robert Edward
Auctions. In other words, if Robert Edward Auctions LLC at its sole discretion
mitigates its damages caused by a non-paying winning bidder by selling a given
item elsewhere, at auction or by private treaty, Robert Edward Auctions LLC will
be compensated for these additional services by the nonpaying bidder. As such, a
non-paying winning bidder will owe not just the difference between the amount
due and the subsequent selling price, but also the additional commission
expenses customarily charged by Robert Edward Auctions LLC for its services. In
such a case, if the subsequent mitigating sale is executed by private treaty, it
is explicitly agreed that the non-paying bidder will be responsible for both the
buyer and seller fees associated with the subsequent sale. Furthermore, the
non-paying bidder explicitly agrees to pay any and all costs of collection,
including but not limited to reasonable attorney’s fees, incurred by Robert
Edward Auctions, LLC in the collection of the entire purchase price, or the
collection of losses incurred due to non-payment, and/or the collection of
service charges, and/or the collection of commissions owed by the non-paying
winning bidder resulting from non-payment. Such strict terms are explicitly
designed to protect Robert Edward Auctions LLC from all losses potentially
incurred as a result of non-paying winning bidders. These terms also protect the
interests of consignors and the interests of all legitimate bidders.
30. Any person
participating in or who registers for the auction agrees to be bound by and
accepts these Terms and Conditions of Auction. If an entity places a bid, then
the person executing the bid on behalf of the entity agrees to personally
guarantee payment for any successful bid.
31. Robert Edward Auctions LLC disclaims
all liability for damages, consequential or otherwise, arising of or in
connection with the sale of any property by Auctioneer to Bidder. No third party
may rely on any benefit of these Terms and Conditions and any rights, if any,
established under the Terms and Conditions are personal to the Bidder and may
not be assigned. Any statement made by the Auctioneer is a statement of opinion
and does not constitute a warranty or representation. No employee of Robert
Edward Auctions LLC may alter these Terms and Conditions, and, unless authorized
and signed by a principal of Robert Edward Auctions LLC, any alteration is null
and void.
32. Placing a bid constitutes express
acceptance of all terms and provisions contained in these Conditions of Sale. In
the event of a dispute regarding payment for lots, as detailed in Section 29 of
the Terms and Conditions (above), the bidder agrees to pay all of the
auctioneer's reasonable attorney's fees and cost involved in collection of
funds, plus 1.5% interest per month on any unpaid balance, accruing from the
original due date, until the date all balances are paid. The exclusive
jurisdiction for all litigation shall be in the State of New Jersey, County of
Somerset, or the Federal District Court of New Jersey at the discretion of the
auctioneer. Bidder hereby consents to the application of the law of the state of
New Jersey in interpreting any issues arising out of its relationship with
Robert Edward Auctions, LLC. Each term and provision of these Conditions of Sale
shall be construed as separate and distinct. In the event that any such term or
provision shall be held whole by a court of competent jurisdiction to be
invalid, in whole or in part, the remaining terms and provisions shall survive
and be binding on both parties.
End of Terms and Conditions
The 1953 Artwork is being sold with the permission of The Topps
Company, Inc. (“Topps”). Topps, however, makes no representation or warranty,
regarding the origin, authenticity or value of the 1953 Artwork and disclaims
any liability or responsibility for any claims relating to their offer or sale.
Representations relating to authenticity, value, and any and all warranties are
made exclusively by Robert Edward Auctions LLC and Sports Card Guaranty LLC.
GUIDE FOR
PROSPECTIVE BIDDERS:
BUYER’S
PREMIUM:
Please remember
there is a 17.5% Buyer’s Premium. For example, should you win a lot for $100,
your actual cost will be $117.50 (plus postage, insurance and tax, if
applicable).
INTERNET
BIDDING, REGISTRATION & LOGIN INSTRUCTIONS:
You can view
the Entire Catalog and bid on-line at:
www.RobertEdwardAuctions.com
All registered
and approved bidders at Robert Edward Auctions are eligible to bid via the
Internet. Our website provides a state-of-the-art real-time bidding environment
for auction participants. Up-to-the-second current high bids can be viewed by
bidders and non-bidders alike.
All auction and
bidding rules as stated in TERMS AND CONDITIONS OF SALE and GUIDE FOR
PROSPECTIVE BIDDERS apply to Internet bidding.
Bidder
Registration and Login Procedures:
Before you can
bid on the Internet, you will need to obtain a Bidder Number and Password.
Anyone who has ever in the past done
business with Robert Edward Auctions over the past 30 years, as well as
virtually all past MastroNet, Ron Oser Enterprises, and Oregon Trail customers,
have already been assigned new Robert Edward Auctions bidder numbers. If you
have received our catalog by mail, you have already been approved for bidding.
Your bidder number can be found on the address label of the envelope in which
the catalog was mailed. With this bidder number, you will be able to place
bids by phone, or go online to obtain your confidential password to allow for
Internet bidding by visiting
www.RobertEdwardAuctions.com and following
the instructions found there. For the first time logging on to
www.RobertEdwardAuctions.com, bidder Passwords are set to be the bidder’s last
name. Upon signing in, for security reasons, you will be prompted to change
your password to a new password of your choice. You will also be asked to
provide or update your contact information. If you should ever lose your
password, you will be able to reset it once again by following the instructions
on the website. If you are a new bidder, please follow the simple registration
procedures that are provided online at
www.RobertEdwardAuctions.com.
A WORD ABOUT
RESERVES AND ESTIMATES:
Robert Edward
Auctions believes what makes a good auction is quality material and reasonable
reserves. The vast majority of the minimums in this auction are extremely low.
Most represent somewhere between 25% and 50% of a fair value. The purpose of the
reserves in this and all Robert Edward Auctions, LLC sales is simply:
1) To limit
inquiries to those bidders who are sincerely interested in a given item; and
2) To ensure
that (virtually) all lots will be sold. In this regard, this auction has much
more in common (in spirit) with a no reserve auction than a traditional reserved
auction.
3) Each lot is
also accompanied by an estimated range of value. These estimates are provided by
Robert Edward Auctions strictly as a service. Actual selling prices may be
higher or lower than the provided estimates.
A WORD ABOUT
CONFLICTS OF INTEREST:
Robert Edward
Auctions’ policies regarding Conflicts of Interest are summarized by Section #13
of REA’s Terms and Conditions:
13. There is no circumstance under
which Robert Edward Auctions, LLC may execute bids on its own “house account,”
thereby unfairly competing with bidders. In fact, to be clear, Robert Edward
Auctions does not even have a “house account,” unlike many other auctions. Under
no circumstance may any executive or employee of Robert Edward Auctions, LLC
place bids in the auction for their personal accounts. Under no circumstance are
consignors permitted to bid on their own lots. This is a consignment auction,
conducted on behalf of consignors, by Robert Edward Auctions, LLC. Under no
circumstance will any lot be offered in any Robert Edward Auctions, LLC auction
which has been purchased or is otherwise owned outright by Robert Edward
Auctions, LLC. Executives and employees of Robert Edward Auctions, LLC may
consign their personal property to the auction. Any and all lots consigned from
the personal collections of any executive or employee of Robert Edward Auctions
(or any relative of any executive or employee) will be explicitly and formally
identified as such in the lot description. All bidding records are archived, as
always, indefinitely, and will forever be available for auditing purposes, if
necessary.
We are not
dealers. And we mean it. Robert Edward Auctions will never place a bid on
material in our auction. Robert Edward Auctions will never purchase material
outright to offer at auction. With Robert Edward Auctions, bidders are
guaranteed that they never have to worry about the auction house bidding against
them on any lot in the auction – EVER. With Robert Edward Auctions,
bidders also never have to worry about secret hidden reserves – EVER.
These firm policies translate into greater and well deserved bidder confidence,
and in turn higher prices for consigners.
Many auction
houses are also dealerships, offering material they own at auction, often
intentionally misrepresenting this fact to the public. Many auction houses, as a
standard practice, place bids in their own auctions against their bidders, with
an emphasis on higher-priced items and on material they own. Some auction house
rules actually clearly state that the auction house, as an entity, may bid in
the auction, in addition to permitting all executives and employees of the
auction house to bid. Some auction houses routinely alter or destroy bidding
records after each sale. These and other common practices in the auction
industry expose consignors and bidders to numerous irreconcilable conflicts -
conflicts which can and do cost bidders and consignors money, and can ultimately
make bidders uncomfortable even participating in the auction.
These are conflicts that DO NOT EXIST with Robert Edward Auctions.
Robert Edward
Auctions believes that protecting the integrity of the auction process, by
taking clear and unambiguous positions with reference to conflicts of interest,
results in greater bidder confidence, greater participation, and higher prices.
Everyone likes an honest auction.
A WORD ABOUT
“HONEST AUTO BID TM”:
We have long
admired the inherent security provided by eBay with reference to the privacy of
“Up To” or “Limit Bids.” Robert Edward Auctions, LLC has gone to the trouble and
considerable expense of commissioning the design of this application, for our
bidders use, by Create Auction LLC., one of the world’s leading independent
auction software development and service providers. To emphasize the distinction
between this Left Bid service and that provided by others, we have named this
bidding option “Honest Auto Bid TM.” This system allows bidders to place bids
with a 100% certainty that absolutely no one in the world, except the bidder, is
privy to the limit of your bid, or even that you have placed an “Up To” bid on a
given lot. Not our bid department. Not our telephone operators. No one - not
even the President of Robert Edward Auctions. There is no one to potentially
reveal details about your bids or bidding limits. No one to potentially be
tempted by conflicts, fraud, or poor judgment. Absolutely NO potential for leaks
or improper handling of bidding information on the part of even a single auction
house employee. Bidders can now enjoy the ability to bid with an absolute
privacy and certainty that no one – unless you choose to tell someone – will
know that you have placed a limit bid, or the maximum limit of your bid (should
you decide to leave a bid limit greater than the next bidding increment.) This
application provides for bidders an option for security and privacy in the
bidding process which, outside of an eBay “private format” auction, to the best
of our knowledge, previously simply did not exist.
Bidders in many
auctions are under the false impression that the privacy of their bids is
secure. With the exception of eBay auctions and Robert Edward Auctions, all
auction houses can and do see each and every maximum bid that bidders place. The
auction houses have never claimed otherwise. In the absence of utilizing the
Honest Auto Bid style system there is no way for them to NOT have access to the
maximum bids when they are placed. Thus maximum bids are always placed "in
confidence" with the auction houses, who in many cases are also the owners of
the material being auctioned and have many incentives for prices to be higher on
items they do not own as well. If the auction house, auction house executives,
and all of the employees (who include many very good friends of consignors) who
have access to this information are all honest, then of course there is
absolutely no issue and absolutely nothing to be concerned about whatsoever.
In 2005 Honest
Auto Bid was profiled in Auctioneer Magazine, the official publication of
the National Auctioneers Association, and in the article all auction houses were
invited to inquire about the possibility of adopting Honest Auto Bid, just as we
do on our site and in all of our literature. Not a single auction house has yet
inquired (though many individuals have). As always, we invite any and all
bidders, members of the media, as well as other auction houses potentially
interested in adopting these systems, to contact us to verify and receive a
demonstration of the 100% guaranteed security of this significant, and in our
opinion, revolutionary bidding system feature.
A Word
Regarding Card Alterations:
This is a
growing topic of concern for collectors and with good reason. The altering of
cards is epidemic, and what is even more alarming is the fact that many cards
are being altered by dealers and by auction houses (who in many cases own the
very cards being altered and auctioned). Robert Edward Auctions’ position
regarding the altering of cards is very clear: We don’t do anything to cards.
Period. We don’t think it is right for dealers or auction houses to alter cards
(or any items) without full disclosure. Robert Edward Auctions does not file the
edges or corners of cards, "squash" cards, press cards, bleach cards, re-back
cards, restore cards, clean cards, trim cards, remove creases, or in any other
way doctor or alter any card or item without full disclosure. EVER. We can't
promise anyone that every card in every case will receive exactly the same grade
we give it, or that there is never an encapsulated card with a problem; no one
can do this. But at Robert Edward Auctions, if there is a problem with a card,
at least you know that the auction house is not responsible. Ever.
Please note
that REA catalog descriptions sometimes use the words that "we have submitted" a
given number of key cards in a set for grading (as opposed to someone else
having sent them in for grading). This is intended to be taken literally and is
sometimes meaningful to bidders precisely because they know that we have not
"done anything" to the cards that are graded, as well as the balance of cards in
the lot. We have been told countless times that sometimes cards in a given grade
sell for better prices at REA than elsewhere. This could very well be the case,
in part, because sometimes the cards at REA actually ARE a little better.
In addition,
collectors and dealers are sometimes surprised to learn that the number of times
Robert Edward Auctions has broken cards out of holders, resubmitted cards for
grading, and gotten higher grades is EXACTLY ZERO. That’s right. Never. REA has
NEVER broken a card out of a holder for resubmission and NEVER gotten a “bump”
on a grade. REA has a policy that we do not brake professionally graded cards
out of holders and resubmit them in the hopes of getting higher grades. We live
with the grades that we get. For better or worse. Period. (There have been
several times when we have requested a review of a graded card in its holder. In
each case there was no change to the grade. There have also been times where we
personally grade a card differently than a grading company. We don’t have a
problem with this, and this will sometimes significantly impact the final
selling price of a card.) There is more to this than meets the eye and for REA
this is, frankly, a double-edged sword. In short, we sometimes lose consignments
specifically because are not willing to do anything to cards and because
consignors are led to believe that they can get better grades elsewhere. We
always ask them “How can this be? If another company can get better grades by
altering the cards, this is wrong. If another company can get better grades
because of influence, this would be wrong also. If another company is claiming
that they can get better grades due to one or both of these factors, and they in
fact cannot, then it is also wrong to make such claims.” We are very upfront
that we don’t do anything to cards. We are very upfront that we don’t resubmit
cards for grading. It’s not because we’re lazy. It’s because this is how we
think it should be. This sometimes costs us consignments. We don’t think these
would-be consignors are doing themselves any favors, by the way, and we are very
confident that in virtually all cases, in large part because of our
policies, cards at REA are actually more likely to bring more money, especially
as buyers have become more aware of the relevant issues.
ADDITIONAL
NOTES REGARDING THE RESUBMISSION OF GRADED CARDS:
The
resubmission of graded cards issue, whenever it does occur, is, of course,
almost exclusively related to when the owner of the card(s) desires to do so. If
a collector wants to resubmit his or her cards, that is certainly his or her
right. It’s just not what REA as an auction house, in our opinion, is supposed
to do. Cards resubmitted numerous times in the hopes of a lucky higher grade
will, of course, tend to be overgraded on average compared to cards submitted
once. That’s just common sense. When any auction company gets a PSA 7 1933
Goudey Babe Ruth on consignment, they don’t have the right or the financial
motivation to break it out and see if its possible to get it into an 8 holder.
There is risk. What if the card receives a lower grade or doesn’t grade at all
the next time? When they own it, however, the entire risk-reward evaluation
process is dramatically changed. REA doesn’t buy or own any cards so this is
literally a non-issue for us. REA does not break cards out of holders and
resubmit them in the hopes of getting higher grades. We strictly auction cards
on consignment. We also do whatever we can to identify and address
seldom-discussed issues relevant to buyers and sellers.
A Word About
Auction House Consignment Disclosure:
With reference
to recent attention in the industry regarding questions about auctioneers
identifying owned lots, the following text is from an REA email that was sent in
August 2006 in which REA amended our Terms and Conditions regarding material
owned by employees. The relevant text of the email reads as follows:
“Effective immediately, we are amending Section 13 of our Terms and Conditions
to provide a formal identification in the lot description of any and all lots
consigned from the personal collections of any executive or employee of Robert
Edward Auctions (or any relative of any executive or employee). Because REA does
not buy material for auction, in many ways this policy amendment is a non-event.
In the April 2006 auction, for example, a total of sixteen lots out of 1,411
would have been identified as property consigned from the personal collections
of executives, employees, or their relatives (and we should add that every
single one of these lots was purchased many years ago). [In the April 2007
auction a total of only 5 lots out of 1594 represent property consigned from the
personal collections of executives, employees, or their relatives.
In the May 2008
auction, a total of 9 out of 1,673 lots represent property consigned from the
personal collections of executives, employees, or their relatives. In the May
2009 auction, there is only one such lot. In the current auction there are a
total of only 7 such lots.]
So why are we even bothering doing this? Because Robert Edward Auctions believes
that the many conflicts of interest that are so common and so accepted in the
sports card and memorabilia auction world today play a great role in promoting
many of the most serious problems that are epidemic in the auction industry.
Robert Edward Auctions strives to stand out as an example to the auction world,
demonstrating how auctions ideally should be run. So while this policy amendment
has no impact on REA, it is intended to be a call to action for all auction
houses, and a wake up call to all collectors who participate in auctions.
Bidders should never intentionally be misled about who owns the lots they are
bidding on. Some auctions have claimed they are not dealers, when in fact that
is exactly what they are. Some auctions present collections of very well known
collectors or ballplayers, and intentionally give the impression that these
collections have been consigned, rather than the truth: that the collection has
been purchased and is actually owned and is being sold by the auction house. If
bidders are being intentionally misled about something as basic as who is really
offering a collection, and a false impression is given that material has been
consigned when this is not true, it is misleading both to bidders and to
potential consignors, and it raises the question, “What else is not as it
seems?”
We believe that collectors approach auctions very differently when they
understand that material presented is often owned by the auction company, as
opposed to being consigned as represented, and are much less enthusiastic about
bidding on all lots (including those lots which are actually consigned) in any
auction in which they feel they have been intentionally misled. When collectors
finally learn the truth about this issue, let alone when they come to understand
that at many auctions the auction company consigns hundreds of lots, and its
employees also consign hundreds of additional lots, and both the auction house
and the employees bid in their own auctions, they become less enthusiastic
bidders in those auctions. This should be very important to all bidders and
consignors. We are seeing a greater awareness of these issues that affect all
lots in auctions which combine secretly owned auction-house lots and
consignments. As collectors grow more sophisticated, they are gaining a greater
understanding of the conflicts and misinformation that are regularly presented
to them. It's time that all lots owned by auction houses, auction house
executives, auction house employees, and their relatives be identified, as
opposed to being camouflaged among consignments in a manner that could be
interpreted as a deliberate charade of deception.”
End of quote.
We think our policies are very clear. They are always evolving. We are pleased
to see serious attention to topics that we consider to be among the most
important and overlooked in the field. REA cannot solve these issues, but by
calling attention to them by formally adopting and communicating our policies,
we have always felt that we were playing an important role in encouraging and
heightening awareness. It is our hope that these discussions will result in
greater awareness and play a role in promoting significant change where it is
needed.
Sincerely,
Robert Lifson
President
Robert Edward Auctions LLC
www.RobertEdwardAuctions.com
AUCTION RESULTS:
Please do not
call regarding auction results in the days immediately following the auction.
Complete auction results will be available immediately upon the close of the
auction on our website at www.robertedwardauctions.com. Auction results will
also be mailed upon request to anyone sending a self-addressed stamped
envelope.
Shipment of
Lots:
Lots are
shipped 5-10 business days following posted collection of funds in full. Bidders
must pay packing, shipping and insurance costs for all items they win.
Placing Bids
Before and On Closing Day
We strongly
urge bidders to place initial bids early. Bids are welcomed and encouraged
before the closing dates of the auction. Most bidders choose to place initial
bids days before the closing dates. We will be fully staffed and ready to take
bids starting approximately Monday, April 12, 2010. If possible, do not wait
until 3:45 PM on the closing dates to place your initial bids on the telephone
for items you really want. Due to heavy call volume during the final few hours
of bidding on the closing date of the auction, you may have difficulty getting
through. This advice is especially important because, as stated in the Auction
Rules above: IF YOU HAVE NOT BID ON AN ITEM BEFORE 4:00 PM ON THE DAY THE
ITEM CLOSES, YOU CANNOT BID ON IT AFTER 4:00 PM. There are NO EXCEPTIONS
to this rule. To ensure that eligible bidders can get through on the phone
lines, we will remain open for phone or Internet bids until approximately
fifteen minutes has passed without either a phone or Internet bid. If the
auction continues to as late as 11:00 P.M. EST on May 1, 2010, Robert Edward
Auctions reserves the right to close the auction, at its sole discretion, at any
time. We recommend bidders leave maximum left bids utilizing Robert Edward
Auctions’ “Honest Auto-Bid” system to avoid disappointment. If the phone line is
busy, we are still accepting calls. If the phone has a message indicating that
the auction is over, the auction has been closed. Internet bidders will see a
notice on the Robert Edward Auctions website stating that the auction has
closed.
Call Backs
After 4:00 PM
EST on the final day of the auction, we offer a “Call Back” service. We have
found that a significant impact of the Honest Auto Bid TM system is that this
system virtually eliminates all call-back requests, and fewer call-backs allow
us to close the auction at a much earlier hour, which benefits all bidders.
However, the call-back option may have special value to bidders who are
traveling or do not have access to a computer, and we will continue to
accommodate call-back requests for those bidders. Call Backs work as follows: If
you are the high bidder on any item after 4:00 PM EST on the final day of
bidding, you may request a “Call Back” on that item. This means that if your bid
should be topped, upon your request we will call you back. You will be under no
obligation to top the new high bid, but by using this service it will not be
necessary for you to keep calling to verify if you are still high bid on a given
lot. Using this service, if you don’t hear from us, you will know that you have
won your lot. When requesting a call back, please make sure you give the
attendant the phone number where you can be reached and the latest time you wish
to be called. It is your responsibility to be at the telephone number you
provide. Every effort is made to reach bidders making call back requests, but if
a bidder is not at the number provided, we will of course be unable to
successfully execute the call back request. The call back service is a
non-guaranteed service. While we have never missed a call-back in the past,
there is always the possibility of human or technical error. Call back requests
must be made by telephone.
“Up To” or
“Limit” Bids
The placing of
“Up To” or “Limit” bids is an option for bidders. When placing such a bid you
are instructing the auction house to competitively bid on your behalf up to, but
not exceeding, a given limit. The bidding system will automatically execute “Up
To” bids instantly after a bid with an “Up To” bid has been topped. “Up To” or
“Limit” bids must be calculated in the proper bidding increments. “Up To” bids
are kept in strictest of confidence. “Up To” bids may be placed by telephone or
internet. Internet bidders placing “Up To” bids will be utilizing the “Honest
Auto Bid TM” bidding system feature, which provides bidders with a 100%
certainty that absolutely no one in the world, except the bidder, will be privy
to the limit of your bid, or even that you have placed an “Up To” bid on a given
lot. See above for more information regarding the “Honest Auto Bid TM” system
feature.
Billing/Payment
Invoices will be sent by email. Payment is due within 14 days of
notification of lots won. Please call to prearrange and to be approved for any
type of payment schedule, which can sometimes be arranged with a deposit and
interest charges. Any bidder who has not paid in full without having made prior
arrangements for late payment will have future bidding privileges revoked, and
be responsible for all losses and/or service charges incurred resulting from
non-payment per the terms and conditions of the auction. We accept personal
checks. Checks are held until funds are collected which takes 5-10 business
days; it will take an additional several business days after funds have been
collected before shipment will occur. We also accept cashier’s checks, certified
checks, money orders or wire transfers. These forms of payment are registered
immediately and shipment of items occurs as soon as possible, usually within
days. No credit cards accepted.
Auction Results
Please do not
call regarding auction results in the days immediately following the auction.
Full results of the auction will be available when the auction is over on our
website at www.RobertEdwardAuctions.com. Auction results will also be mailed
upon request to anyone sending a self-addressed stamped envelope.
Authenticity
In addition to
in-house specialists, Robert Edward Auctions utilizes the leading experts in all
specialty areas of collecting to insure that all items are authentic and
accurately described. In the field of autographs, we rely on the highly
respected expertise of James Spence Authentication LLC, as well as various other
noted specialists. In the field of uniforms and bats, we rely on the highly
respected authentication expertise of Dave Grob & Troy Kinunen of MEARS, as well
as various other noted specialists such as John Taube & Vince Malta of PSA/DNA.
Robert Edward Auctions utilizes the professional card grading services of PSA,
GAI, BVG, and SGC. Robert Edward Auctions consults with the most respected
experts in all fields of specialty. Robert Edward Auctions has earned an
unrivalled reputation with reference to all issues related to authentication. We
invite inquiry regarding the authentication process on any and all lots. Though
very rarely an issue, Robert Edward Auctions does not prohibit authenticators
from consigning lots. Robert Edward Auctions’ formal policy regarding
consignments by authenticators is the requirement that ownership or financial
interest of all such lots be clearly communicated in the lot description in all
cases where such authentication is cited in the lot description. Robert Edward
Auctions will assist bidders in any reasonable manner in having auction lots
evaluated by additional experts of their choice if desired. Robert Edward
Auctions appreciates all feedback relating to auction-related issues, especially
authenticity issues, and if necessary we welcome the opportunity to consider
feedback for the purpose of amending or correcting descriptions.
We hope you
enjoy the auction. Thank you and Good Luck!
INTERNET
BIDDING SITE TERMS OF SERVICE LAWS:
These Terms of
Service shall be governed by and construed in accordance with the laws of the
state of New Jersey. User and this Auction Site agree to submit to the exclusive
jurisdiction of the courts of the state of New Jersey. If any provision(s) of
these Terms of Service is held by a court of competent jurisdiction to be
contrary to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect. This Auction Site's failure to exercise or
enforce any rights or provisions of these Terms of Service shall not constitute
a waiver of such right or provision unless acknowledged and agreed to by this
Auction Site in writing. User and this Auction Site agree that any cause of
action arising out of or related to this Service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is
permanently barred. The section titles in these Terms of Service are provided
for reference purposes only and have no legal or contractual significance
DESCRIPTION OF
SERVICE
Robert Edward
Auctions, LLC provides its users with an Internet auction service for the
purpose of buying and selling personal property. Users agree to provide certain
current, complete, and accurate information about themselves and to maintain and
update this information as required to keep it current, complete and accurate.
All information requested on original sign up shall be referred to as
registration data ("Registration Data"). Furthermore, user grants this Auction
Site the right to disclose to third parties certain Registration Data about User
and Service membership in the aggregate; however, such disclosures will exclude
user's name, mailing address, email address, account and phone number, unless:
(1) User expressly directs this Auction Site to disclose such information, or
(2) this Auction Site is required to disclose such information by any applicable
law or legal process served on this Auction Site.
MODIFICATIONS
TO TERMS OF SERVICE
This Auction
Site may change these Terms of Service from time to time. Users will be notified
by email of any change in these Terms of Service. User's continued use of the
Service constitutes both: (1) their acknowledgment of these Terms of Service and
any modifications; and (2) User's agreement to abide and be bound by these Terms
of Service and modifications.
MODIFICATIONS
TO SERVICE
This Auction
Site reserves the right to modify or discontinue the Service with or without
notice to user. This Auction Site shall not be liable to users or any third
party should this Auction Site exercise its right to modify or discontinue the
Service.
TERMINATION
Should user
object to any of these Terms of Service or any subsequent modifications thereto
or become dissatisfied with the Service in any way, user's only recourse is to:
(1) discontinue use of the Service; (2) terminate Service membership; and (3)
notify this Auction Site of termination.
USER
ELIGIBILITY
Our services
are available exclusively to individuals able to form legally binding contracts
under applicable law. Without limiting the foregoing, our services are not
available to minors. Furthermore, this Auction Site reserves the right to refuse
service to anyone for any reason whatsoever.
REGISTRATION &
ACCOUNT SECURITY
Users agree to
provide true and accurate information about themselves in the registration form.
If any information provided by user is incomplete or inaccurate, this Auction
Site retains the right to terminate user's membership and rights to use the
Service. As part of their registration, users will receive a Bidder Number ID
and Password. Users are encouraged to keep their Bidder Number ID and Passwords
private because the foregoing data is the only information needed to place bids.
Users are responsible for the confidentiality of their Bidder ID and Password as
well as for any and all activities that occur under their Bidder ID and
password-protected account. User agrees to immediately notify this Auction Site
of any unauthorized use of their Bidder ID or Password or any other breach of
security known to user.
USER CONDUCT
User is solely
responsible for the contents of his or her transmissions through the Service.
Use of the Service is subject to all applicable local, state, national and
international laws and regulations. Attempts to gain unauthorized access to
other computer systems are prohibited. This Auction Site may, at its sole
discretion, immediately terminate Service should user's conduct fail to conform
to these Terms of Service and User Agreement.
OTHER
LIMITATIONS
This Auction
Site retains the right, at our sole discretion, to determine whether or not a
user's conduct is consistent with the letter and spirit of this Agreement. This
Auction Site reserves the right to terminate service if a user's conduct is
found to be inconsistent with these Terms of Service and User Agreement.
BIDDING AND
BUYING
Robert Edward
Auctions, LLC has the right to establish general practices and limits concerning
users' bidding privileges and procedures. A user who has entered the highest
accepted bid at the end of an auction is obligated to complete the transaction.
Once entered, bids are NOT retractable. This Auction Site and it's host are not
responsible for bids not being processed or not being accepted due to technical
difficulties. Moreover, bid manipulation of any kind is expressly forbidden. A
seller is prohibited from placing bids or arranging to have bids placed on
behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers
are prohibited from communicating with each other with the purpose of
manipulating the final purchase price of an item. Please note that it is a
violation of law to make bids in a false name or with an invalid payment method,
even if our software initially accepts such a bid. Be aware that even if you do
not give us your real name, your web browser transmits a unique Internet address
to us, which can be used by law enforcement officials to identify you.
Fraudulent bidders will be prosecuted to the fullest extent of the law.
ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS OF SERVICE As operated by Robert Edward Auctions, LLC,
this auction Service, is provided to you under the foregoing Terms of Service
and any operating rules or policies that may be published by this Auction Site.
The Terms of Service comprise the entire agreement between Member and this
Auction Site and supersede all prior agreements between the parties, regarding
the subject matter contained herein. By participating in the registration
process, you are indicating your agreement to be bound by all of these Terms of
Service.
DISCLAIMER OF
WARRANTIES
USER EXPRESSLY
AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Robert Edward Auctions, LLC MAKES NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES Robert Edward Auctions, LLC MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Robert Edward
Auctions, LLC THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
LIMITATION OF
LIABILITY
Robert Edward
Auctions, LLC OR ITS HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF Robert Edward Auctions, LLC OR ITS HOST HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO RESALE OR
COMMERCIAL USE OF THE SERVICE
Use of this
Service is personal to Member. Member agrees not to resell or make any
commercial use of the Service, without the express written consent of Create
Auction LLC. Without limiting any other remedies, this Auction Site may
terminate your account if you are found (by conviction, settlement, insurance or
escrow investigation, or otherwise) to have engaged in fraudulent activity in
connection with our site.
INDEMNIFICATION
User agrees to
indemnify and hold Robert Edward Auctions, LLC, its parents, subsidiaries,
affiliates, officers and employees, and likewise the host, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of their use of the Service, a breach of this User Agreement, or the
infringement by user, or other user of the Service using registered user's
computer, of any intellectual property or other right of any person or entity.
|