California Bond Number #158337 5424 Sunol Blvd., #10 - 242, Pleasanton, CA. 94566
TEL: (925) 484-6442 FAX: (925) 462-2297
Terms and Conditions
PLEASE NOTE: BY REGISTERING, OR PLACING A BID, YOU AGREE TO THESE TERMS AND CONDITIONS
THE AUCTION WILL BE CONDUCTED IN COMPLIANCE WITH SECTION 2328 OF THE CALIFORNIA COMMERCIAL CODE, SECTION 535 OF THE CALIFORNIA PENAL CODE, AND THE APPLICABLE PROVISIONS OF THE CALIFORNIA CIVIL CODE.
BIDDING - Registration is required in order to place a bid in this auction. Please register as soon as possible by calling the telephone number above. You must be eighteen years old to register. You will be given a registration number and password which you must use every time you place a bid. Bids may be placed by telephone, fax, mail, email or by submitting the enclosed bid sheet in person to Past Tyme Pleasures' office. You will be responsible for all bids made with your registration number and all charges associated therewith. By registering, and placing a bid, you agree to be bound by the terms and conditions set forth in this agreement.
Opening bids must be no less than the minimum bid for the item as set forth in the catalog. Unless withdrawn from sale in Past Tyme Pleasures sole discretion, all items with a minimum bid will be sold.
Reserve items are designated by a "* ".
To advance your bids start at the minimum bid listed in the catalog, or above, and raise your bid in increments as follows:
Min..to $ 249.........................$ 10 or more
$ 250 to $ 999.........................$ 25 or more
$ 1,000 to $ 2,499........................$ 50 or more
$ 2,500 to $ 4,999......................$ 100 or more
$ 5,000 to $ 9,999......................$ 250 or more
$ 10,000 and up......................$ 500 or more
You may call as often as you like to inquire about the current high bid on any item. Once a bid is received in writing, or is made orally over the phone you have accepted the terms and conditions of this auction. A written bid or an oral bid is binding and cannot be canceled for any reason. There is a 15% BUYER'S PREMIUM on each winning bid.
Bids will be accepted from the time you receive your catalog until the closing deadline of 4:00P.M., PDT on May 19th, 2018. Faxed bids will be accepted on the final day May 19th only until 12:00 PM (PST).
LEFT BIDS AND CALL BACKS: If you wish to give us an 'Up To' or ceiling bid for a particular item, Past Tyme Pleasures will discreetly on your behalf execute advances from your lowest bid in increments up to your Left Bid amount only if your bid has been exceeded. Left bids will not be disclosed, only the highest bid.
Please feel free to ask about our call back service whereby we will call you once your bid has been exceeded on items in excess of $400. Call backs may mean very late evening or early morning calls. You agree that Past Tyme Pleasures will not be liable for not being able to reach you for any reason. CALLBACKS ARE A COURTESY AND NOT A GUARANTEE.
TITLE/PAYMENT: Title passes when the successful bid is announced at which time all risk of loss passes to the successful bidder. All successful bidders will be invoiced. Payment may be made by Money order, Cashier's Check, Personal Check, Visa, MasterCard, or American Express with no surcharge added. No COD's accepted. Full payment is required within ten (10) days of the invoice date. Payment is deemed made when received by Past Tyme Pleasures. Late payment incur a late charge of 1.5% per month. Returns and refunds will NOT be accepted if full payment is not timely received. Applicable sales tax will be added to the invoice, unless a signed resale certificate is on file. Past Tyme Pleasures reserves the right in its sole discretion at any time without notice to reschedule or cancel a sale, change closing times, or remove or re-offer items for sale, and you agree that Past Tyme Pleasures will have no obligation or liability to you thereby.
DEFAULT: If the successful bidder fails to pay for the item in full as herein required, or otherwise does not comply with any of these terms and condition, Past Tyme Pleasures shall be entitled to recover all losses and costs incurred in either returning the item, selling it to the next highest bidder, or taking any other action that Past Tyme Pleasures deems appropriate under the circumstances in its sole and absolute discretion.
SHIPPING - Items will be shipped as soon as full payment is received and cleared. Past Tyme Pleasures uses Fed Ex, UPS and US Mail for shipping. Shipping, packaging and insurance charges will be added to all invoices. Professional services may be required for hard-to-pack or fragile items and will be billed at our cost. You must sign for receipt unless we have accepted a written waiver of receipt.
GRADING - Past Tyme Pleasures' goal is to fairly grade the condition of each item in our catalog, using a scale of one (1) to ten (10), with ten being mint condition. Our grade is our opinion only and not a guaranty or representation of an item. We do not list reproductions or reissued merchandise. Flaws and blemishes that we observe are so noted. Some items may be in an uncleaned condition and will be reflected in the grading or description. In the event of a typographical error or mistake in the description of an item, we reserve the right to withdraw any item from sale at any time without notice. If such a mistake is discovered at a later time or a good faith mistake occurs, a full refund will be made within 2 business days from return of the item to Past Tyme Pleasures if we are notified and items are returned within five working days of your receipt, and returned in the condition they were shipped in. Please call anytime for detailed descriptions on any item. Measurements are only approximate (+ or - a half inch).
LIMITED WARRANTY - Past Tyme Pleasures warrants the condition of each item purchased to be substantially similar to the description set forth in its catalog. Should the condition of the item purchased not be substantially similar to such description, Past Tyme Pleasures SOLE OBLIGATION and your SOLE REMEDY is for Past Tyme Pleasures to provide a full refund of the amount paid by you to Past Tyme Pleasures if (1) you notify Past Tyme Pleasures of such discrepancy immediately upon receipt and (2) return the purchased item within five working days of your receipt of the purchased item. THE LIMITED WARRANTY SET FORTH ABOVE IS THE ONLY WARRANTY MADE BY PAST TYME PLEASURES. PAST TYME PLEASURES MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. THIS LIMITED WARRANTY IS THE EXCLUSIVE RECOURSE FOR DAMAGES AND IS IN LIEU OF ALL LIABILITIES OF PAST TYME PLEASURES. NO ORAL OR WRITTEN STATEMENTS PROVIDED BY PAST TYME PLEASURES OR ANY OF ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH STATEMENT.
LIMITATION OF LIABILITY - In no event shall Past Tyme Pleasures be liable for any claim or loss incurred by you including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages, lost profits, lost sales or business, expenditures, investments, or commitments in connection with any business or loss of goodwill irrespective of whether Past Tyme Pleasures has been informed, knew of, or should have known the likelihood of such damages. This limitation applies to all causes of action in the aggregate, including without limitation, breach of contract, breach of warranty, gross or simple negligence, misrepresentation or other torts. Any claim against Past Tyme Pleasures must be brought within the applicable statute of limitions. Past Tyme Pleasures shall not be liable for any claim or demand against you by any other person, organization or entity. Past Tyme Pleasures shall not be liable to you because of damages to or loss of the purchased item during shipping or for delay in shipping. If Past Tyme Pleasures limited warranty or limitation of liability set forth in this agreement shall for any reason whatsoever be held unenforceable or inapplicable, you agree that Past Tyme Pleasures' liability shall not exceed one hundred percent (100%) of the price paid by you to Past Tyme Pleasures with respect to the purchased item at issue.
PRICES REALIZED - A Prices Realized list will be mailed after the auction to all paid catalog subscribers.
MISCELLANEOUS - Past Tyme Pleasures may modify or change any of these terms and conditions at any time. We reserve the right to terminate the registration of or refuse the bid of anyone in our sole discretion for any reason or for no reason. You are liable for any charges related to your registration number until the time of such termination or until you notify Past Tyme Pleasures to cancel your registration number. If a collection agency or attorney is required to collect outstanding charges, you agree to pay all related charges including but not limited to, reasonable attorneys fees and cost. Other than collection of unpaid sums owed by you, all disputes shall be resolved by binding arbitration conducted in Alameda County, California before a single arbitrator agreed to by the parties, and if no agreement, then by JAMS in Walnut Creek, California. This is the exclusive between you and Past Tyme Pleasures regarding its subject matter. You may not assign any part of this agreement without Past Tyme Pleasures prior written consent. This agreement shall be governed by the internal laws of California without reference to conflicts principles the remaining provisions of this agreement shall remain in effect. Any notice under this Agreement shall be delivered in writing. If you have any questions please give us a call.
GOOD LUCK AND WE HOPE YOU ENJOY THE AUCTION.
|If you agree with the terms of the auction, click the "I Accept" button to proceed to the registration page|