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Conditions of Sale<br />
The property listed in this catalog, which may be amended by auction room notice<br />
or announcement, will be offered for sale by the American Heart Association on<br />
the following terms and conditions:<br />
1. ALL PROPERTY IS SOLD “AS IS” AND THE AMERICAN HEART ASSOCIATION DOES<br />
NOT MAKE AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OR<br />
REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY,<br />
AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR THE CORRECTNESS OF,<br />
OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OF WARRANTY OF,<br />
MERCHANTABILITY, DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE,<br />
OR CONDITION CONCERNING THE PROPERTY; NO STATEMENT IN THE<br />
CATALOG OR MADE AT THE SALE OR IN THE BILL OF SALE OR THE INVOICE OR<br />
ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR<br />
AN ASSUMPTION OF LIABILITY. THE AMERICAN HEART ASSOCIATION SHALL<br />
NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING<br />
FROM THE SALE OF ANY PROPERTY.<br />
2. As used in these Conditions of Sale, the term “the final bid” means the price at<br />
which a lot is knocked down to the Buyer, and the term “the purchase price”<br />
means the sum of the final bid and the minimum payable by the Buyer under<br />
Condition 6.<br />
3. The American Heart Association reserves the right to <strong>with</strong>draw any lot before<br />
or at the sale or to combine two or more lots.<br />
4. Lots are listed in the catalog showing a dollar amount that represents the fair<br />
market value. The American Heart Association assumes no liability for the<br />
accuracy of any retail value expressed.<br />
5. The highest bidder acknowledged by the American Heart Association official<br />
shall be the official Buyer. The official has the right to reject any bid and to<br />
advance the bid at his/her absolute discretion and, in the event of any dispute<br />
between bidders, to determine the successful bidder or to re-offer and resell<br />
the article in dispute. Should there be any dispute after the sale, the American<br />
Heart Association’s record of final sale shall be conclusive. On the fall of the<br />
auctioneer’s hammer or at the time of section closing, the Buyer assumes all<br />
risk and responsibility for the lot and pays the full purchase price. If the Buyer<br />
fails to comply <strong>with</strong> such requirement, the lot may, at the official’s discretion,<br />
be put up and sold again.<br />
6. The purchase price payable by a Buyer shall be the sum of the final bid and any<br />
taxes that may be <strong>du</strong>e on such purchase.<br />
A. Each lot shall be the Buyer’s risk on the fall of the hammer or at the time<br />
of section closing.<br />
B. The full price of each lot shall be paid the evening of the sale; (iii) title to<br />
the wines will not pass until payment has been rendered.<br />
C. Goods will be released to the Buyer upon presentation of receipt.<br />
D. No delivery will be made until full payment of the purchase price of the<br />
goods has been made to the American Heart Association.<br />
E. All goods shall be removed or instructions given the evening of the<br />
sale; any lots that are not picked up the night of the auction will be<br />
charged a storage fee of $50. If a buyer is successful by a written bid,<br />
shipping instructions shall be presented <strong>with</strong>in 10 days (May 5, <strong>2017</strong>).<br />
7. Absentee bids are submitted to the American Heart Association in writing<br />
or are otherwise left <strong>with</strong> the American Heart Association prior to the sale<br />
for execution at or below a specified price and executed by the American<br />
Heart Association for the convenience of the bidders. The American Heart<br />
Association shall not be responsible for failing to execute such bids or errors<br />
relating to the execution of such bids.<br />
8. If any applicable conditions herein are not complied <strong>with</strong> by the Buyer,<br />
the American Heart Association may, in addition to asserting all remedies<br />
available by law, including the right to hold the Buyer liable for the purchase<br />
price, either (i) cancel the sale, retaining as liquidated damages any payment<br />
made by the Buyer, or (ii) resell the property <strong>with</strong> seven days notice to the<br />
Buyer. If the American Heart Association resells the property, the Buyer shall<br />
be liable for the payment of any deficiency in the purchase price and all costs<br />
including warehousing, the expenses of both sales, reasonable attorney’s fees,<br />
and all other charges <strong>du</strong>e hereunder and incidental damages.<br />
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