Name TSA-5-19-12 ADVERTISING AND COLLECTIBLES
Auctioneer Davis Auctioneers, L.P. dba Texas Star Auctions
Type Internet Absentee Bidding
Date(s) 5/19/2012
Location 2301 Solona St
Haltom City, TX 76117
Buyer Premium A Buyer's Premium will be added to this bid if it is successful.
Auction Terms & Conditions Shipping - We are not in the shipping business, thus the only items we will ship must fit in one of the 4 sizes offered by the USPS Priority Mail Flat Rate boxes. Items will be shipped within 10 business days after the conclusion of the auction. Anything that will not fit into one of these 4 boxes will not be shipped by us and it will be the responsibility of the buyer to arrange and pay for shipping completely. Any Items we are not responsible for the shipping must be removed under the same terms that apply to pickup buyers. Payment Options: Visa, MasterCard, and Discover All payments are due by 5:00 pm the Tuesday following the auction with no exceptions. A 10% Buyers Premium will be added to all onsite purchases and a 15% Buyers Premium will be added to all online purchases. Texas residents will be responsible for paying state and local sales tax of 8.25% on all purchases unless a signed current tax exemption form is on file before checkout. The credit card number on file will be charged for the full amount of purchases (bid price, plus buyer premium, plus sales tax, if applicable) within 24 hours of the end of the auction unless other arrangements have been made with and accepted by auction company in advance. If alternate payment arrangements are not met as previously agreed, the credit card on file will be charged in full. ANY BIDDER WHOSE CREDIT CARD ON FILE FOR THIS AUCTION IS DECLINED FOR PURCHASE OR SHIPPING CHARGES WILL BE CHARGED A $50 FEE TO RERUN THAT CARD OR ANY OTHER CARD AND THERE WILL BE NO EXCEPTIONS - MAKE SURE CARD ON FILE IS GOOD BEFORE BIDDING. USPS shipping and handling will be charged separately to the credit card on file when items are ready for shipment. The only shipping we offer is on items that will fit into one of the 4 sizes of the priority mail flat rate shipping boxes supplied by the USPS. Shipping and handling will be charged to the credit card on file separately when cost is known and item is shipped. It will appear as an additional charge. HANDLING is charged relative to our time and materials needed to ship. We require insurance on ALL items but will not be responsible for any refunds for shipping damage beyond what shipper insurance covers. If you receive an item with shipping damage you should contact shipping company directly YOURSELF and file claim. Anything too large to ship in the priority mail flat rate containers must be handled by buyer and with buyers OWN crate and freight company. Auction company is NOT responsible for crate and freight shipping and all purchases are considered delivered and received when picked up by crate and freight company. Auction Terms and Conditions - ALL Auction Day Announcements Take Precedence 1) This is a LIVE & ONLINE Auction. ALL online bidding terms will supercede any live bidding terms listed below and any live bidding terms that are not applicable will not apply at auction companies sole discretion. 2) Texas Star Auctions is providing Internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Texas Star Auctions or anyone else if the Internet service / bidding fails to work correctly before or during the auction. Texas Star Auctions will not be responsible for any missed bids from any source. Texas Star Auctions reserves the right to withdraw or re-catalog items in this auction prior to the end of this auction. 3) It is the responsibility of the bidder to read all auction information prior to bidding. By registering, the bidder has agreed to all conditions including, but not limited to, Texas Star Auctions Terms and Conditions, Shipping and Removal Instructions, Payment Terms and Instructions set for this auction, Auctionflex Terms and Conditions, . Additional Terms and conditions may be announced at the start of the auction. 4) The auctioneer reserves the right to group one or more lots into one or more selling lots, or to add to or delete lots at his sole discretion. The auctioneer reserves the right to reject any bid which is only a fractional advance over the proceeding bid. 5) All people present or online may bid and purchase at this auction, including the auctioneer and any of his staff and any of their family as well as any consignor and their family or employees, current or former. 6) The auctioneer may change any or all terms and conditions prior to the close of this auction by merely posting such change in these terms and conditions or verbally announcing the changes at the live auction. Bidders should review terms and conditions before bidding in the auction 7) The bidding for the online pre-bidding auction works like absentee bidding. You bid the maximum amount that you are willing to pay for an item, and the computer will enter bids on your behalf up to your maximum amount. The online bids and bidders will then be brought into the live auction as absentee bids. 8) All items are sold as is, where is without warranty or guarantee, either expressed or implied by the seller or the auctioneer. Item descriptions and conditions have been derived from sources believed to be correct, however they are not guaranteed by the seller or the auctioneer. Personal onsite inspection is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid. DO NOT RELY on Catalog photos or descriptions for bidding-They are NOT Guaranteed accurate. This Catalog is meant merely as a guide and ALL Descriptions are for visualization purposes only. We DO NOT GUARANTEE or WARRANT the accuracy, genuineness, authenticity, description, weight, count, measure or condition of any of the lots specified herein. Bidders should inspect ALL Items to determine themselves the accuracy, genuineness, authenticity, description, weight, count or measure, or condition of any of the lots specified herein prior to bidding. ALL SALES ARE FINAL & AS IS WHERE IS without warranty expressed or implied. ALL MEASUREMENTS ARE APPROXIMATE WHERE LISTED AND ARE DEFINITELY NOT EXACT!!!!! 9) Bidders who bid from off site and do not attend the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidders responsibility to determine condition, age, genuineness, value, or any other determinative factor. While the Auctioneers make every effort to be accurate and while descriptions are believed to be correct, the Auctioneers and the Owners make no warranties or guarantees expressed or implied, as to the genuineness, authenticity of, or defect in any lot and will not be held responsible for inaccuracy of lot descriptions, written or verbal. Everything sold AS IS and WHERE IS without exception 10) Safety Devices: It is the buyers responsibility to secure and use all safety equipment to meet all applicable government safety standards or any common sense standards for using or removing items purchased. Auctioneer nor seller warrant or guarantee that any or all required or necessary safety items, equipment etc. are with any lot or that any lot is currently safe for use as intended or use in any manner and bidders and buyers should avail themselves of such before bidding, buying, removing or using any lot. 11) Indemnification: Purchaser hereby indemnifies and holds harmless auctioneer and sellers from any and all damages including claims of all liabilities relating to condition of, use of or removal of any equipment, or claims or liabilities from injuries to persons or property, of any type whatsoever, caused during the previewing, sale, use or by the removal of items purchased. 12) All transactions are between the buyer and the seller. The auctioneer is acting only as the sellers agent. 13) Any shipping and handling will be applied to the card on file when the item is shipped. 14) Bidder agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. 15) Any bidder whose credit card is declined will be charged a $50 processing fee to run an additional credit card Or Handle a Chargeback. 16) All purchases must be paid for, in full, prior to removal of any items from the auction site 17) Removal shall be at the expense, risk and liability of the purchaser. 18) All LIVE (NOT ONLINE) purchases MUST be removed by the Tuesday after the auction by 6:00 pm. unless prior arrangements have been made and accepted by both auctioneer and consignor. No goods will be released to purchaser until the entire bill is paid for in full. Failure to remove will require that items be removed and stored for the buyer at a fee. That fee will be no less than $5.00 per item per day storage. 19) Shipping - We are not in the shipping business, thus the only items we will ship must fit in one of the 4 sizes offered by the USPS Priority Mail flat rate boxes. Anything that will not fit into one of these 4 boxes will not be shipped by us and it will be the responsibility of the buyer to arrange and pay for shipping completely. Any Items we are not responsible for shipping must be removed under the same terms that apply to pickup buyers. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.  The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.  INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae 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. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 50.00 5.00 USD
50.01 - 100.00 10.00 USD
100.01 - 250.00 25.00 USD
250.01 - 500.00 50.00 USD
500.01 - 2,000.00 100.00 USD
2,000.01 - 5,000.00 150.00 USD
5,000.01 - 10,000.00 250.00 USD
10,000.01 - 20,000.00 500.00 USD
20,000.01 - 50,000.00 1,000.00 USD
50,000.01 - 100,000.00 2,500.00 USD
100,000.01 - 9,999,999.99 10,000.00 USD