TERMS AND CONDITIONS
Please Read Carefully Prior to Bidding, Buying or Selling with MemorabiliaExperts.com (BidAmi.com LLC)
It’s that time to read over the rules and regs. Have fun reading and if you have any questions or are confused, don’t hesitate to contact us.
I HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION, AND SALES.
I HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
I FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL PURCHASES CHARGED TO MY BIDDER NUMBER AND GRANT A SECURITY INTEREST TO THE SELLER IN ALL PROPERTY PURCHASED TO SECURE PAYMENT IN FULL.
Following is a quick overview of auction rules that are most pertinent to you bidding. Please review the entire agreement for further explanation and details.
20 % Buyers Fee added to each Lot. For example, if the high bid is $100 and there is a twenty percent (20%) buyer’s premium, the premium will be $20.00, for a total bid of $120.00.
100% Guarantee. We may be able to issue refunds on items, under certain conditions that have been legally (established by or recognized by a court of law) found to be fraudulent, or unauthentic. We always make an effort to offer Customer Service to our clients. Items are sold with the Letter of Authenticity as described and items will not be refunded due to differing opinions of other companies, people, industry people, Authenticator’s opinions and or different authentication process.
Vintage PSA Letters of Authentication. We will not refund an item because PSA will not re-issued a new letter of authentication. As long as the PSA letter is in their database, the PSA letter is sold as is and as per PSA’s terms and conditions. This policy also is applied to all the other authentication companies.
Non-Payment of Auction– If you do not pay for your auctions, please note that we take this seriously, and you will be sued for breach of contract. In addition, you agree that we are able to share your information publicly as a Non-Payer /Banned User. Communication is always best we look to work and resolve any issues with all our bidders.
Reserves. We have a NO RESERVES policy. Meaning that we inspire all of our sellers to put their minimum bid as their reserve. Although some items still may have reserves, we push for all reserves, if any, to be removed prior to sale. We do not disclose the reserve on an item but will disclose if an item has a reserve upon request.
Auction Close. Notice of EXTENDED BIDDING TIME CHANGE. We are changing the extra time added to the clock from 5 minutes to 25 Minutes.
We do not close PER LOT but rather per the ENTIRE auction. We want to ensure that all bidders have ample time to place bids and do not get SNIPED at the end of the auction time period.
So as long as there is bidding on anything, the entire auction remains open. The clock will reset for 60 minutes and continue counting down. There will be a banner which will give auction updates and warnings as to the auction close, or auction slowing down.
Inventory-Out of Stock Issues. We attempt to ensure that all products are available for sale and in the auction. However, system inventory issues may occur and items may not have been properly removed out of stock at the time of sale and Lot will NOT be available for sale. The Company will not be liable for any stock issues that may occur in a sale or in auction that deem the item UNAVAILABLE.
Terms and Conditions
The property in today’s sale will be offered for sale by BidAmi.com LLC (“BidAmi”) on behalf of the owners of the property, referred to as the “seller,” and will be governed by the terms and conditions set forth herein (the “Agreement”). BIDAMI is the agent of the seller.
1. Bidder’s Registration
All persons who wish to bid in the auction or want to purchase from the Store must register and obtain a unique bidder number. To register, Buyer must provide all of the registration information requested, and sign the Agreement by “checking the I AGREE” box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older and have a valid driver’s license. BIDAMI reserves the right to refuse to register or admit any person at its sole discretion. Buyer may register his or her auction account by phone, e-mail, or Internet. Internet registration is closed during the last two (2) days of an open auction. Buyer may, however, call BIDAMI and attempt to register during this time.
A credit card or credit reference is taken along with any other pertinent information for verification. Invoices and correspondence relating to purchases will be sent in according to the information on the bidder’s registration. You registration will be accepted but will information will be verified and your account may be disabled until necessary information is provided to verify the account.
2. Payment
Payment in full (including the buyer’s premium when applicable) must be paid by Buyer in the form of cash, checks, money order, and all major credit cards (if you have a question about whether a credit card is accepted please call BIDAMI before the sale), prior to the removal/delivery of any property purchased. Money orders are preferred. Check can take up to fourteen (14) days to clear. BIDAMI reserves the right to refuse credit card payments on any Lot. Buyer shall pay the purchase price, the buyer’s premium, shipping and handling charges (if any), plus any and all applicable taxes, unless such taxes are exempted by law (proof of exemption must be provided). Payment is expected within seven (7) days after notification. Unclaimed Lots will be offered by BIDAMI to the next highest bidder or re-listed. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges.
3. Buyer’s Premium
A buyer’s premium will be charged in this sale or Buy Now Price. The buyer’s premium is an advertised percentage of the high bid or flat fee added to the high bid or Buy Now Price on an auction item to determine the total contract price to be paid by Buyer. For each Lot won a twenty percent (20%) buyer’s premium will be added to the amount of the high bid. For example, if the high bid is $100 and there is a twenty percent (20%) buyer’s premium, the premium will be $20.00, for a total bid of $120.00. Also shipping, handling, and tax (for residents of the State of Nevada) will be added to the total purchase price. Shipping amount is based on the real-time USPS rate lookup based on total weight of the Lots won. BIDAMI’s handling fee is a flat rate of $10.00 per sale, invoice not per Lot. The buyer’s premium does not create any agency relationship between Buyer and BIDAMI. BIDAMI is the agent of the seller only.
4. Time of the Auction
An auction starts and will close on the dates specified on BIDAMI’s home page. However, BIDAMI follows the 10-minute rule. This rule means that the auction can continue for verified bidders that have bid on any particular lot prior to the 8:00 p.m. close. The auction does not close PER ITEM, but rather only closes when there has been no activity for the ENTIRE auction for 10 minutes. So it is possible for an item to sit for over 10 minutes without a bid as long as there is other activity in the auction, that item will remain open. The auction has ended when BIDAMI’s web site indicate BidAmi.com auction is closed. The time will expire warning that the auction will be ending. Announcements of the 10 Minute Rule and the auction slowing down and getting ready to close.
5. Stop Payment/Insufficient Funds
Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order of a check, or giving a check which is returned marked “insufficient funds,” shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
6. Acceptance of Terms
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
7. Representations and Warranties
All representations and/or warranties made, if any, are between Buyer and Seller. BIDAMI shall not be held responsible for the correctness of any representations and/or warranties of any kind with respect to the property. BIDAMI shall not be held responsible for any representations and/or genuineness of description of any property or inability to fulfill the order, whether the item had been lost or has become unavailable. Unless otherwise expressly noted by BIDAMI, ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” – THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ON THE LOT OR LOTS. Any and all warranties (unless expressly noted otherwise) are disclaimed and waived by Buyer.
8. Sales Final and Inspection of Lots
Buyer acknowledges that he/she has been provided the opportunity to inspect the property before purchasing same and Buyer has/has not inspected the property at his or her sole discretion. ALL SALES ARE FINAL. Buyer is solely responsible for determining the condition of any property. For detailed Lot descriptions, please call BEFORE that auction ends. For every bidder’s convenience, all Lots can be shown by appointment. 7 Day Return Policy Except Where Exclusions Apply. List of Excluded reasons for 7 Day return policy: Varying or differing authentication opinion from that of Product’s described and posted authentication. Items are sold with the Letter of Authenticity as described and items will not be refunded due to differing opinions of other companies, people, industry people, Authenticators and Authentication opinions. 2. Item was not as expected. 3. Item not received on time.
9. Reserve Auctions
Unless explicitly stated otherwise by BIDAMI, each Lot is being sold with reserve as a reserve auction. These terms are applicable to all reserve auctions. BIDAMI and seller reserve the right to withdraw any property before and during the sale of such property. The seller also reserves the right to reject any and all bids for any reason. The reserve price may not be disclosed. All bids are raised in ten percent (10%) increments and BIDAMI, at its sole and complete discretion, may reject a nominal bid advance. BIDAMI reserves the right to place a bid on any Lot on behalf of the seller up to the amount of the reserve, if any. BIDAMI will not specifically identify bids placed on behalf of the seller. Maximum or Proxy bids may not always be increased at 10% increments.
10. Reserves and Proxy Bidding
All Lots are being sold with a “reserve,” a price below which the Lot will not be sold. Any bid submitted below the reserve price will not result in the purchase of a Lot. Proxy Bids are accepted. The system will increase your Proxy bids up to but not above the Reserve on behalf of the Seller. Reserves may be decreased or removed at any time.
11. Bidder Authorization
Bidder authorizes BIDAMI to execute any memorandum of sale on behalf on and in the name of Bidder, or in BIDAMI’s own name, in connection with the purchase of any lot, in accordance with Bidder’s bid.
12. Bidder Rights
All rights granted herein are personal and exclusive to the registered Bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. Thank you for submitting your bid. If you have any questions, please contact BIDAMI immediately.
13. Disputes between Bidders
In case of any dispute between bidders, BIDAMI, at its sole and complete discretion, may reopen the bidding pursuant to specific terms determined by BIDAMI between the two highest bidders only, until the property is sold. If a dispute arises after the sale of any lot, BIDAMI’s records shall be deemed conclusive in all respects.
14. Bidding
It is the responsibility of the bidder to make sure that BIDAMI is aware of his or her intent to place a bid. BIDAMI accepts telephone (888-308-9714) and Internet (www.BidAmi.com) bids. On the day of auction, callbacks can be easily arranged, but are provided as a “non-guaranteed service.” Every effort is made to efficiently execute all callbacks. BIDAMI disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. BIDAMI is not responsible for errors in bidding. Bids are raised in ten percent (10%) increments. Once Buyer submits a bid, it cannot be retracted or withdrawn. Only on the sole discretion of BidAMI will any bid retracted or withdrawn. The sale is complete when the BIDAMI so announces.
15. Acceptance of Bids
BIDAMI reserves the right to refuse to accept any or all bids (whatever the method) by Buyer. In addition, BIDAMI may disqualify any bidder believed to be acting in a fraudulent, illegitimate, not in good faith, manner. BIDAMI may also disqualify any bids made by someone who is not competent, or made in violation of this Agreement or any applicable law.
16. Internet Bidding
Buyer may be able to bid on Lots at this Auction through the Internet. The terms in this paragraph apply only to individuals bidding on-line via the Internet.
(A) Buyer acknowledges that BIDAMI does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that the BIDAMI may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, BIDAMI shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of BIDAMI. Use of the Internet bidding option through any website is at your own risk. To ensure proper bidding, Buyer should be careful.
If there are any computer glitches or malfunctions, lots may be relisted, or bidding may be extended to allow for a redo of auction bidding.
(B) Buyer must register and obtain a bid number to participate in the auction. In connection with such registration, Buyer will be required to provide a credit card number or a Verified Paypal Email (Visa, Master Card, American Express, or Discover). Please follow the instructions carefully to make sure that the registration process is complete and accepted.
(C) Buyer will be e-mailed final registration approval upon successful completion of the registration process. Buyer should register as early as possible to obtain information about the properties and increase the likelihood of being notified of any pertinent changes that take place prior to the auction.
(D) The website is administered by BIDAMI from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. BIDAMI will not accept bids from individuals who reside outside of the United States of America and its territories. If you access the website from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws
(E) The bid number, authorization, and login information given to Buyer upon successful registering to bid shall only be used by Buyer during the auction to bid on the properties. The registration is not transferable or assignable. No one else may register for Buyer or participate on Buyer’s behalf.
(F)) BIDAMI reserves the right to deny any person for any reason permission or access to bid online.
17. Notification
The successful bidders will be notified by phone and/or e-mail within 24 hours of the auction close.
18. Limitation of Liability
Neither BIDAMI nor seller shall be liable for any damage and/or injury to any property and/or person at and/or upon the sale premises. Each person entering upon the sale premises assumes any and all risks whatsoever for his or her safety (and for any minors with him or her). BIDAMI IS NOT RESPONSIBLE FOR ANY LOST, STOLEN, OR DAMAGED PROPERTY
19. Breach of Contract
If this Agreement, or any terms and conditions announced by BIDAMI, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, BIDAMI and seller may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. BIDAMI’s commissions, all incidental damages, expenses, court costs, costs of collection and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
20. Memorandum of Sale
Buyer authorizes BIDAMI to execute any memorandum of sale on behalf of and in the name of Buyer, or in BIDAMI’s own name, in connection with the purchase of any lot, in accordance with his or her bid.
21. BIDAMI Liability
BIDAMI acts solely as an agent for seller and is not a party to any contract for the sale of any property offered by the seller for sale and/or sold at this auction. IN NO EVENT SHALL BIDAMI BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. BIDAMI’S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO BIDAMI, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
22. Sale by Lots
All sales are to be per lot, unless otherwise mentioned by the BIDAMI. BIDAMI reserves the right to include in the auction any Lot and the right to withdrawal any Lot prior to calling for bids at the beginning of the auction. BIDAMI may combine, subdivide, regroup or reorganize any Lots.
23. Authentication
Each Lot shall disclose what Authentication accompanies it. Buyer should not bid on a Lot if he or she is uncomfortable with the authenticator. 100% Guarantee. We will issue refunds on items, under certain conditions that have been legally found to be fraudulent, or unauthentic.
We are here to offer Customer Service to our clients and returns will be accepted under certain conditions which will be determined by the company. In our 20 years of experience we have not had any issues. Items are sold with the Letter of Authenticity as described and items will not be refunded due to differing Authenticators and Authentication opinions
For cards and autographs appearing without professionally grading, we strive to accurately assess quality. However, BIDAMI does not guarantee their opinion and Buyer assumes the risk. BIDAMI is not responsible if a professional evaluation disagrees with BIDAMI’s opinion or with other Authenticators opinion.
24. Recording Devices
No photographs, tape recordings and/or video recordings of any type are permitted without the express written prior approval of BIDAMI.
25. Severability
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
26. Interpretation
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
27. Applicable Law
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Nevada, Clark County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Nevada. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Clark County, State of Nevada, or the United States District Court, located in the State of Nevada.
LISTING CONSIGNMENT AGREEMENT WITH MEMORABILIA.EXPERT- BIDAMI.COM LLC
We may amend this Listing Consignment Agreement at any time by posting the amended terms on www.BidAmi.com. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. All amended terms shall automatically be effective immediately after they are initially posted. Additionally, we will notify you through the email.
This Consignment Contract and Listing Agreement (“Agreement”) is made effective this day once you agree and click the SUBMIT button by and between you the (“Seller”) and BIDAMI.COM LLC (“BIDAMI”)
If you choose to have BIDAMI handle your listing you will Send all consignments to this address.
BIDAMI
1801 S. Rainbow Blvd #110
Las Vegas NV 89146
1. Reserve Auction.
“Reserve Auction” means an auction in which the seller or an agent of the seller, reserves:
1. The right to establish a stated minimum bid;
2. the right to reject or accept any and all bids; or
3. the right to withdraw the property after the completion of the auction by BIDAMI only if the item does not meet the reserve.
2. Type of Auction.
Property will be sold at:
A. Reserve Auction – (X)
3. BIDAMI’s Authority and Exclusivity.
Seller hereby retains BIDAMI to sell at auction or through forums devoted to sales of memorabilia on the Internet (“Auction”) the property designated herein by the Seller. Seller has employed BIDAMI, and in consideration of efforts to sell the property described, gives BIDAMI the sole and exclusive right to offer for sale, and to sell, for and on account of Seller, the property that has been listed on-line, in the user profile or if BIDAMI is handling the listings per seller, to the terms and and conditions set forth in this Agreement. Such exclusive right shall continue for the duration of seller listing any items with BIDAMI and these terms will not terminate and be applied to all lots listed and uploaded by Seller on-line.
If an item is pulled down prior to an auction close, BIDAMI reserves the right to charge any applicable fee in accordance of the sale of the listing. BIDAMI shall be entitled to its commission as provided herein whether the lots are sold at by on-line auction or by other sales during the term of this Agreement.
4. Description of Property.
Seller agrees to list items on the www.BIDAMI.com website the goods (hereinafter referred to as “Lots”) listed on -line” and are listed in your on-line profile incorporated herein, or have been sent to BIDAMI and listed into Seller’s account. Seller is obligated to check and confirm all Lots are listed in Seller’s account. Seller shall establish any and all reserve amounts for the Lots listed on-line by noting the reserve price for each Lot in the reserve box. The reserve price may be the minimum bid on the Lot which BIDAMI will ultimately set. Seller hereby authorizes BIDAMI to bid on the Lots up to the amount of the reserve. Each Lot will be sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS,” unless Seller instructs BIDAMI otherwise. Seller agrees to sell the Lots in accordance with the terms of this Agreement.
5. Agency Relationship.
Seller acknowledges and understands that BIDBid is merely an agent and/or a service-Bidding Platform of the Seller and is not taking title or ownership of the Lots. Seller shall in all respects cooperate with BIDAMI’s discharge of his or her duties under this Agreement and as required by applicable law. Furthermore, BIDAMI is not engaging in a joint business venture, employment relationship, or partnership with the Seller. BIDAMI is acting as an independent contractor free of supervision and control from the Seller.
6. Conduct of the Auction.
BIDAMI agrees to use at least the minimum level of professional skill, knowledge, and experience generally required of auctioneers and consignment sellers in the State of Nevada to prepare for and conduct the Auction of the Lots. The Lots may be sold in one or more Auction during the term of this Agreement.
7. Terms and Conditions of Sale.
BIDAMI shall determine and establish all terms, conditions, and procedures for bidding within its sole discretion. The BIDAMI is hereby authorized by Seller to solicit and accept absentee, phone, and Internet bids.
8. Memorandum of Sale.
BIDAMI is authorized to sign any memorandum of sale on behalf of and in the name of Seller, or in BIDAMI’s own name, in connection with the sale of Seller’s property.
9. BIDAMI’s Commission.
Seller agrees that BIDAMI may deduct a professional fee, at the rates set forth below, as compensation for BIDAMI’s services to be provided under this Agreement. This fee shall be deducted from the gross proceeds realized from the sale of the Lots. Gross proceeds are defined as the high bid for all of the Lots sold and exclude any Buyer’s Premium or Sales Tax.
Seller agrees that BIDAMI’s commission will be paid first from the proceeds received by BIDAMI from the buyers.
10. Advertising Costs/Expenses.
BIDAMI is authorized to place advertisements in such media as BIDAMI selects, and provide necessary support, promotional assistance, supplies and materials as the BIDAMI deems necessary to obtain the highest available bid for the property. BIDAMI may deduct all expenses incurred related to selling your Lots. Seller shall reimburse BIDAMI to the extent that BIDAMI expends any amounts in discharge of BIDAMI’s duties under or pursuant to that authority conferred on BIDAMI by this Agreement. In the event such reimbursement is necessary, it shall be deducted from any proceeds, charged to the Credit Card on file, paid in cash, cashier’s check, or certified check to BIDAMI by Seller within fifteen (15) days after the Auction if the item did not sell. If seller has proceeds from an auction these expenses will be deducted from those proceeds.
11. Accepting Payment.
The BIDAMI is authorized to accept payments for each Lot sold in the form of cash, checks, money order, and all major credit cards. All auction proceeds shall be paid directly to BIDAMI into a designated account and BIDAMI shall be responsible for the receipt of all funds. BIDAMI agrees to pay Seller the net proceeds (gross proceeds less BIDAMI’s professional fee and expenses) from the sale of the Lots no more tha 30 days after the sale. This process may take longer with some sales. Upon clearance of the funds, and confirmation of merchandise recieved by Buyer, funds shall be released to Seller. Payments may be made to seller for items sold in any auction for the duration of the contract and some items may not be paid in full but rather will come in partial payments. In addition, BIDAMI shall provide to seller a settlement statement that can be viewed on-line.
12. Collecting Payments.
The resulting contract for the sale of each Lot is between the successful bidder and the Seller. BIDAMI shall not be responsible for collection of the purchase price in the event the buyer breaches the contract, refuses to pay, or the buyer’s payment is subsequently dishonored for any reason. In these instances, the Seller shall be responsible for collecting and pursuing the claim against the bidder/buyer upon the discretion of BIDAMI.
13. Returns.
Although BIDAMI has an “ALL SALES FINAL” policy, we will allow BIDAMI’s customers to return Lots they purchase from BIDAMI under special circumstances. The buyer pays any charge to return any Lot.
14. Priority.
Seller agrees that BIDAMI’s professional fee shall be paid first from the gross proceeds realized from the sale of Lots, before the payment and satisfaction of any liens or encumbrances as noted below.
15. Title to the Property.
Seller represents and warrants to BIDAMI that it is the lawful owner of each Lot, as designated in your account inventory, and that he or she has good and marketable title thereto free and clear of all liens and encumbrances. If at anytime a lawsuit arises in regards to ownership, discrepancy of ownership, or ability to sell any part of the merchandise, Seller agrees to pay any and all legal fees for BidBidAmi.com. BIDAMI must be released from any legal liabilily upon any complaint initiated. Any property that is found out to be stolen will be the sole responsibility of the seller. If there are any exceptions to this representation, it must be noted via email.
16. Claims and Disputes.
Seller represents and warrants that, to the best of Seller’s knowledge, there are no lawsuits, proceedings, claims, or governmental investigations pending or threatened against Seller that relate to any of the Lots.
17. Seller’s Responsibilities.
Seller shall help us to create a description for each Lot. Seller shall be responsible for retaining a copy of this description for Seller’s records. If a buyer returns any Lot that he or she purchased because it was discovered or authenticated as fake, Seller is responsible for all costs incurred by BIDAMI as a result of the transaction.
Authorized Dealer Responsibilities (AD):
An Authorized Dealer is a seller who has been authorized to utilize the BIDAMI.com platform to sell lots through his own account.
1. AD Seller must become authorized by submission of background checks, references, years in business, authentication process of company, verifiable phone numbers, and addresses.
2. The AD Seller writes, photographs, and manages each lot through the My Manager Console through the BIDAMI.com website.
3. AD Seller descriptions must be true, factual and accurate.
4. AD Seller will be responsible for shipping each lot to the buyer upon BIDAMI or AD securing funds. BIDAMI or the AD Seller will secure these funds immediately. Items are expected to ship immediately upon the sale. FEES will be assessed and shipping will be refunded if items do not get to buyer within 3 days of securing of funds. AD Seller permission/status can be revoked at any time for late shipments. THERE ARE NO EXCEPTIONS.
5. AD Seller must keep his shipping queue up to date by maintaining the item status field. An email of delivery must go out to every buyer.
6. A signature is required for every delivery.
7. AD Seller must keep confidential all buyer information.
8. Each item must have the accepted authentication. PSA, JSA, Steiner, On-Line Authentics, UDA, 100% Authentic. Please inquire for the entire list of acceptable authenticators.
9. We do not accept any A6 or lower graded game-used/worn equipment or jerseys.
10. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
11. AD Seller assumes all responsibility for items sent to buyer. Seller must have appropriate proof of delivery of the item in order for the buyer to be responsible for item not arriving. It is up to the seller to bear the burden of proof.
12. AD Seller privileges can be revoked at any time by BIDAMI for any reason that BIDAMI seems appropriate.
18. BIDAMI’s Professional Fee
BIDAMI’s Professional Fee is agreed to be per sold lot. Seller agrees to pay BIDAMI a commission percentage on Lots listed in account profile.
The commission schedule is as follows:
Authorized Dealers fees will be set at 15% for all lots listed.
– For any Lot that BIDAMI handles and that sells for $250 Less 30% commission.
– For any Lot that BIDAMI handles and that sells for $251-$1,000 or less there is a twenty percent (20%) commission.
– For any Lot that BIDAMI handles and that sells between $1,001.00 and $99,999.99 there is a fifteen percent (15%) commission.
– For any Lot that BIDAMI handles and that sells for $100,000.00 or more there is a ten percent (10%) commission.
There will be a 3% transaction fee for all credit card and paypal purchases which will be deducted from sale proceeds.
19. Delivery.
Seller shall deliver or list the Lots on-line to BIDAMI no later than the stated deadline prior to the next calendar auction. Seller assumes all risk for shipment and delivery of any and all Lots. BIDAMI will not assume all risk for loss of Lots in BIDAMI’s possession after delivery and acceptance. Seller will insure each Lot against all right in the amount of its fair market value. BIDAMI is not responsible for damaged frames or glass that has been broken due to shipping to or from our location. The Seller will be responsible for any glass that has to be replaced.
Seller Authorizes BIDAMI to obtain any LOTS that were listed with, contracted with, or in the possession of any other THIRD PARTY Auction Company or Auction platform and these LOTS are to be released to the care of BIDAMI for the use of sale, auction or promotion. BIDAMI will handle the delivery of these items into their possession.
20. Authentication.
A possible $16-$100 fee will be applied to every item that needs to be authenticated only if the item does not sell. Only the one-time $16 fee will be applied to the item if an item is re-listed into auction and does not sell after 90 days. An item may be re-listed as many times as seller so chooses, but will only see the one-time $16 fee. If the item passes authentication, then this COA will be sent with the item to the buyer. Any Lot BIDAMI feels either is questionable or not acceptable, at its own discretion, will be returned to Seller or the listing will be taken down at Seller’s sole expense. BIDAMI will deduct the fees from consignment payments or must get payment prior to send back the merchandise and/or BIDAMI can send the Lots back COD, insured.
21. Fees or Commissions.
Seller further agrees that BIDAMI is not obligated to pay any fee or commission to any broker, finder, or other intermediary in connection with the Lots.
22. Indemnification.
Seller agrees to indemnify and hold BIDAMI and its agents, officers, directors, representatives, affiliates, and employees harmless from any and all liabilities or damages (including reasonable attorney fees) arising out of the breach of this Agreement by Seller.
23. No Assumption of Liability; Indemnity.
Seller acknowledges and agrees that BIDAMI is merely an agent or service provider of Seller, and except as expressly agreed to herein, BIDAMI does not assume and shall have no liability whatsoever to the Seller or any buyer of any Lot. BIDAMI shall not be responsible in the event Seller or any buyer fails to abide by any agreement concerning the sale of any Lot. Seller agrees to indemnify and hold BIDAMI harmless from and against any and all claims, actions, damages, losses, liabilities or expenses (including reasonable attorney fees) incurred by BIDAMI relating to the breach or alleged breach of any of Seller’s obligations, representations, or warranties hereunder or relating to the Lots or the condition thereof.
24. Unsold Property.
Seller understands and agrees that BIDAMI makes no warranty that the Lots will be sold. BIDAMI will attempt to sell all Lots outright, but will usually re-list unsold Lots for future sale or utilize various marketplaces. Outside marketplaces will assess their own fees which will be deducted from sale price. BIDAMI will return any unsold merchandise, if any, upon the request of the Seller. The Seller shall be responsible for any and all costs related to the return of the Lot.
25. Insurance.
Seller shall maintain adequate casualty and liability insurance on the Lots scheduled for sale until each Lot is sold.
26. Buyer’s Premium:
It is understood and agreed that the BIDAMI is authorized to charge a buyer’s premium to the successful bidder in the amount of twenty percent (20%). It is acknowledged and understood that the buyer’s premium is paid to the BIDAMI for the BIDAMI’s sole benefit. BIDAMI is also authorized to charge shipping, handling, and tax (for residents from the State of Nevada). It will collect shipping fees on behalf of the AD Seller and then forward the shipping fees to Seller. A portion of the shipping fees may be retained by BIDAMI upon their discretion for handling puposes. Buyers Premium will be included in Sale items and will be deducted
27. Bulk Sale Compliance:
Seller and BIDAMI agree that if the sale contemplated hereunder is a “bulk sale,” as that term is defined under applicable law, the Seller and BIDAMI shall comply with all statutory requirements for such sales. Seller agrees to indemnify BIDAMI against any and all liability arising due to Seller’s failure to adequately assist and advise BIDAMI in complying with all notices and other requirements of a bulk sale by auction under any applicable law.
28. No Waiver.
The failure of either party to this Agreement to insist on the performance of any of the terms of this Agreement, or the waiver of any breach of any of the terms of this Agreement, shall not be construed as thereafter waiving any such terms or conditions, but the terms and conditions shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Additional Terms of Sale. The following additional terms, if any, also apply to the Auction.
29. Severability.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
30. Interpretation.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
31. Governing Law.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Nevada, and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Nevada. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Clark County, State of Nevada, or the United States District Court, located in the State of Nevada.
32. Rights not Transferable.
All rights granted herein are personal and exclusive to the Seller, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Seller.
33. Headings.
All headings are for reference purposes only. Such headings shall not be considered part of the Agreement for the purpose of interpreting its provisions
34. Entire Agreement.
This Agreement constitutes the entire agreement between Seller and BIDAMI and supersedes any prior or contemporaneous understanding or agreement with respect to the transactions contemplated by this agreement. It may be amended only by another written agreement signed by Seller and BIDAMI. The Agreement binds the parties’ heirs, administrators, executors, assigns, and successors for this and future auctions.
We may amend this Listing Consignment Agreement at any time by posting the amended terms on www.BIDAMI.com. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. All amended terms shall automatically be effective immediately after they are initially posted.
