terms and conditions
The following describes the terms on which bear inn sun (.BIS.) offers you access to the BIS services. In order to become a member on the BIS website, you must read and accept all of the terms and conditions set forth below (the .BIS Terms and Conditions.):
1. Buyer.s Contract. Your bids placed on the BIS website are a contract and you are responsible for paying all amounts due to BIS. If you cannot pay for and pick up the items during the times specified, please do not bid. While using the BIS website, you agree that you will not:
Use the BIS site or services if you are not able to form a legally binding contract or if you are under the age of 18 years old;
Fail to deliver payment for items purchased by you;
Circumvent or manipulate our fee structure, the billing process, or any fees owed to BIS; or manipulate the price of any item.
2. Deadlines and Close of Internet Bidding. Items will begin to close at a specified number of items per minute on the scheduled date and start time of the online sale closing period. The items will close in the order listed on the website. All online sales will feature our automatic extension system. If an item receives a bid within the last 5 minutes, the close time will be extended 5 minutes from the time the bid is placed. The time will continue to be extended for 5 minutes with each newly placed bid and the item will not close until 5 minutes have elapsed with no additional bid activity. On the final day of the sale the system will tell you exactly how much time is remaining (The .Categories. view does not update automatically. Remember to hit refresh within your browser if using this view).
3. Bidding Instructions. Please contact the BIS office for a detailed overview of the sale closing and bid submission process. You can also click here for a detailed description.
4. Retention of Credit Card Information. By providing your credit card information to BIS, you authorize BIS to charge your credit card for the purchase amount of any successful bid plus associated taxes, shipping costs (if any) and Handling Fees (if any, as defined below). You also agree and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with BIS. Purchases over $1,000 using a credit card will be charged an additional 2% surcharge to help cover merchant fees. IN THE EVENT THAT YOU FAIL TO PICK-UP YOUR ITEMS IN ACCORDANCE WITH THE BIS TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE BIS TO CHARGE YOUR CREDIT CARD FOR THE PURCHASE AMOUNT OF THE ITEM PLUS ANY TAXES, SHIPPING COSTS AND HANDLING FEES.
5. Payment Forms Accepted. Successful bidders who will be picking up items in person can pay for purchases during the designated removal and payment times listed on the Sale Details page. In the event that you do not wish to pay with the credit card provided to BIS, you may pay with cash or check during the designated removal and payment time. Purchases over $2,500 may require payment via cashier.s check, ACH or wire. Winning buyers with questions of how to make payment should submit a question within our Contact Form located here.
6. Item Descriptions. All items are sold as is . where is. In the case of obvious faults (chips, cracks, significant damage, etc.) BIS does its best to list the fault within the description. BIS will provide descriptions based on its assessment of an item. However, we do not assume that our assessment of condition will be the same as your assessment. Most of the items BIS sells are antique, vintage, or used. You should expect signs of wear consistent with age and BIS will not list every flaw associated with each item as these are to be expected. BIS offers a public preview inspection for the sole purpose of allowing you the opportunity to see it in person before placing a bid. If you are unsure of an item.s condition please make arrangements to attend the preview and bid accordingly.
7. Limitation of Liability. You agree that BIS is not responsible for the acts or omissions of BIS or other carriers in packing or shipping of purchased lots, whether or not such carrier is recommended by BIS.
YOU ALSO AGREE AND UNDERSTAND THAT BIS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES EVEN IF BIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, BIS.S TOTAL LIABILITY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORT, SHALL BE LIMITED TO THE AMOUNT OF MONEYS PAID BY YOU TO BIS HEREUNDER IN THE PRECEDING THREE (3) MONTH PERIOD.
8. Sales Tax. All sales are subject to appropriate state sales tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon receipt of such information by BIS, your future purchases will not be taxed. You may be required to update certificates on file periodically as deemed necessary by BIS.
9. Increasing Your Own Bid/Bidding Errors. Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. The system will ask you to review significant increases in bids after placing them to make sure you did not enter an amount in error. Please pay close attention to this to prevent you from entering a bid in error. Also, please note that if you place a bid in the .Your Minimum Bid. box instead of the .Your Maximum Bid. box the bid will immediately increase to the amount you entered (unless another bidder had a higher maximum bid). Please note that you can raise your own maximum bid by using the .Edit Max. bid text link without increasing your current bid amount. If you make a mistake before 24 hours of the sale close you can submit a request to have your error corrected (BIS will have discretion over whether or not it was an obvious mistake) within our Contact Form located here. If the mistake is made within 24 hours of the auction closing the bid will stand as entered due to the fact that the bid you placed may prevent other bidders from placing competing bids. BIS staff makes every attempt to watch the sale closing to insure obvious mistakes (i.e. $1000 entered instead of $10 are immediately corrected). However, BIS cannot be responsible for individuals increasing their own bids and therefore eliminating other potential bidders. This is the risk you take when waiting until the last day to place your bids and doing so under time constraints!
10. Shipping Requests.
.Standard Shipping. Items noted with .Generate a quote. under the .Pickup and Shipping Options: Delivery. section of the item listing are available for standard shipping. During a sale, you can get a shipping estimate on these items by using the quote calculator. Should you win the item, an invoice will appear in your .I.ve Won. list. By selecting the invoice and clicking .Checkout. you will be able to designate your final shipping method. Final shipping costs may vary from your original quote based on the final insurable value (winning bid amount) of the item. Insurance is added at $1.25 per $100 of value. (Shipping quote insurance amounts prior to the end of the sale are based on the current bid value.) BIS will use reasonable efforts to ship the merchandise within ten (10) business days after the scheduled sale removal and payment date.
.Custom Shipping. Items noted with .A quote will be emailed. under the .Pickup and Shipping Options: Delivery. section of the item listing require a custom shipping quote. BIS will use reasonable efforts to provide an email quote within 24 hours. Please realize certain items may not qualify for shipping period. You are also welcome to make your own arrangements to have your items picked up by the agent of your choosing. However, this must take place during the scheduled pick up times and BIS must receive payment for your invoice amount prior to releasing your items.
11. Alternate pickup. If after winning an item you determine you are unable to pick up your items during the scheduled removal date and time you must contact BIS 24 hours prior to the scheduled removal date and time to determine if alternate arrangements can be made. THIS SHOULD ONLY BE CONSIDERED AS A LAST RESORT AND ON AN EXCEPTION BASIS. Items which cannot be moved will be forfeited and may be subject to disposal charges in addition to the original invoice amount.
BIS, in its sole discretion, may arrange for the transport of the purchased items to one of our warehouses and arrange for an alternate pickup date and time, subject to availability. BIS WILL CHARGE YOUR CREDIT CARD FOR THE PURCHASE AMOUNT AND TAXES PLUS THE HANDLING FEES SET FORTH BELOW.
Items which must be moved from one location to another in order to make alternate pickup arrangements are subject to a minimum handling fee of $10.00 per lot (.Handling Fee.). You agree that BIS may charge a higher Handling Fee, in its absolute and sole discretion, for certain items which are difficult to transport.
12. Forfeiture of Items.
.Failure to Pay. Any items not paid for in accordance with the BIS Terms and Conditions will be forfeited by you and BIS may, in its sole and absolute discretion, resell the items or donate the items to a charity of BIS.s choosing. BIS reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges.
.Failure to Pick-Up Items. IF YOU FAIL TO PICK-UP ANY ITEMS WITHIN TWENTY-ONE (21) CALENDAR DAYS OF THE CLOSE OF BIDDING YOU WILL BE CONSIDERED TO HAVE FORFEITED THE ITEMS AND TITLE WILL REVERT TO BIS. BIS MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, RESELL THE ITEMS OR DONATE THE ITEMS TO A CHARITY OF BIS.S CHOOSING. BIS RESERVES THE RIGHT TO CHARGE THE CREDIT CARD ON FILE FOR ANY MOVING OR DISPOSAL CHARGES.
14. Governing Law. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You agree that any claim or dispute you may have against BIS must be resolved exclusively by a state or federal court located in Santa Clara County, California.
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