PROFILES SHALL HAVE THE RIGHT, AND THE SUCCESSFUL BIDDER HEREBY UNCONDITIONALLY AND IRREVOCABLY PRE-AUTHORIZES PROFILES, TO CHARGE FROM AND COLLECT ALL AMOUNTS OWED FROM ALL CREDIT AND/OR DEBIT ACCOUNTS IDENTIFIED TO PROFILES BY THE SUCCESSFUL BIDDER PRIOR TO BIDDING IN THE EVENT THAT THE SUCCESSFUL BIDDER DOES NOT MAKE TIMELY PAYMENT UNDER THESE CONDITIONS OF SALE. On the fall of the auctioneer’s hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer but fully subject to Buyer’s compliance with all of the terms of the Conditions of Sale and the Registration Form. Profiles shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Profiles shall determine opening bids and bidding increments.IN SUCH EVENT, THE SUCCESSFUL BIDDER AUTHORIZES PROFILES TO COLLECT ALL AMOUNTS OWED FROM ANY OF SAID ACCOUNTS, AND THE SUCCESSFUL BIDDER SHALL NOT CONTEST ANY SUCH CREDIT OR DEBIT ACCOUNT CHARGE ON THE GROUND THAT PROFILES WAS NOT SO AUTHORIZED. Profiles reserves the right to refuse to accept bids from anyone. The auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between bidders or if the auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful bidder in the event of a dispute between bidders, to continue the bidding or to reoffer and resell the lot in question.Any violation of the terms of this Paragraph shall entitle the affected party to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved.The parties agree that Profiles shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties’ agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.Notwithstanding any other provision herein, the prevailing party in any claim, dispute or litigation between the parties shall be entitled to an award of reasonable attorney fees and costs of litigation.Unless otherwise set forth in the Catalog, all property will be offered by Profiles solely as agent for the seller or consignor of the property and not on its own behalf. The term, “Final Bid Price” means the amount of the highest bid acknowledged and acceptable to Profiles.Profiles has been authorized by the seller or consignor to retain, as partial remuneration, the premium set forth as number (2) in this paragraph.
Should Profiles resell the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated therewith , including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable.By bidding at auction, whether in person, through an agent or representative, by telephone, facsimile, on-line, absentee bid, or by any other form of bid or by any other means, the Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO ALL OF THE “CONDITIONS OF SALE” EITHER PRINTED IN THE CATALOG OR ON-LINE, AS WELL AS THE TERMS OF THE REGISTRATION FORM.Condition Reports: If you wish to obtain additional information on a particular lot, or cannot appear at the viewing, Profiles may provide, upon request, a condition report. Collar is frayed and velvet is almost completely worn. In some cases, Profiles in History may accommodate the buyer on smaller items that can be shipped via Fed Ex, UPS, or USPS. CONDITIONS OF SALE - AGREEMENT BETWEEN PROFILES AND BIDDER BY EITHER REGISTERING TO BID OR PLACING A BID, THE BIDDER ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH PROFILES.We remind prospective buyers that descriptions of property are not warranted and that each lot is sold “as is” in accordance with the terms of the limited warranty. The following terms and conditions constitute the sole terms and conditions under which Profiles in History (“Profiles”) will offer for sale and sell the property described in the Catalog.