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 regulations. Have fun reading and if you have any questions or are confused,
do not 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.
Buyer’s Fee
20% buyer’s 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
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 opinions, or different authentication processes.
Vintage PSA Letters of Authentication
We will not refund an item because PSA will not re-issue 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 applies
to all the other authentication companies.
Non-Payment of Auction
Non-payment of auction. If you do not pay for your auctions, 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
or Banned User. Communication is always best and we look to work and resolve any issues with all our bidders.
Reserves
We have a no reserves policy. This means that we encourage 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 and Extended Bidding
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.
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 that will give auction updates and warnings as to the auction
close, or auction slowing down.
Inventory and Out of Stock Issues
We attempt to ensure that all products are available for sale and in the auction. System inventory issues may occur
and items may not have been properly removed out of stock at the time of sale and the 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 according to the information on the bidder’s registration.
Your registration will be accepted but 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 or delivery of any property purchased. Money orders
are preferred. Checks 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. Shipping, handling, and tax (for residents of the State of Nevada)
will also 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. BIDAMI follows a 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, and as long as there
is other activity in the auction, that item will remain open. The auction has ended when BIDAMI’s website
indicates the BidAmi.com auction is closed. The time will expire with a warning that the auction will be ending.
Announcements of the 10-minute rule and the auction slowing down and getting ready to close will be made.
5. Stop Payment / Insufficient Funds
Upon making payment for a Lot or Lots, 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 warranties made, if any, are between Buyer and Seller. BIDAMI shall not be held
responsible for the correctness of any representations or warranties of any kind with respect to the property.
BIDAMI shall not be held responsible for any representations 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 or she has been provided the opportunity to inspect the property before purchasing
the property and Buyer has or 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 the 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:
1) Varying or differing authentication opinion from that of the 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 of 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 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 their 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
at the sole discretion of BIDAMI will any bid be retracted or withdrawn. The sale is complete when 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, or 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 online via the Internet.
16(A) Website Responsibility
Buyer acknowledges that BIDAMI does not have any responsibility or liability for the website or websites used
for Internet bidding. Buyer acknowledges that BIDAMI may not have any control over the website or websites and
cannot guarantee operation or performance. There are occasional interruptions and delays relating to the use
of the Internet and the website.
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 can 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.
16(B) Registration for Internet Bidding
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.
16(C) Registration Approval
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.
16(D) Location and Jurisdiction
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.
16(E) Bid Number and Login
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.
16(F) Right to Deny Access
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 or injury to any property or person at or upon the
sale premises. Each person entering upon the sale premises assumes any and all risks 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 the right to hold the Buyer liable for the bid price,
BIDAMI and seller may:
-
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
-
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 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 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 BIDAMI. BIDAMI reserves the right to include in the
auction any Lot and the right to withdraw 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 professional grading, we strive to accurately assess quality. BIDAMI
does not guarantee this opinion and Buyer assumes the risk. BIDAMI is not responsible if a professional
evaluation disagrees with BIDAMI’s opinion or with other authenticator opinions.
24. Recording Devices
No photographs, tape recordings, 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 and they will
retain their full force and effect. The 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.
If a term is considered ambiguous, neither party nor their counsel will be considered the draftsperson of this
Agreement for the purpose of causing the terms to be construed against a party.
27. Applicable Law
The parties 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.
If the parties litigate any actual or potential breach of this Agreement, 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 are effective immediately after they are posted. We may also notify you through e-mail.
This Consignment Contract and Listing Agreement (“Agreement”) is made effective 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:
- The right to establish a stated minimum bid
- The right to reject or accept any and all bids
- 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 retains BIDAMI to sell at auction or through forums devoted to sales of memorabilia on the Internet
the property designated by the Seller. Seller 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 online, in the user profile or
if BIDAMI is handling the listings per Seller, under the terms and conditions set forth in this Agreement.
This exclusive right continues for the duration of Seller listing any items with BIDAMI and these terms will
not terminate and will apply to all Lots listed and uploaded by Seller online.
If an item is pulled down prior to an auction close, BIDAMI reserves the right to charge any applicable fee in
accordance with the sale of the listing. BIDAMI is entitled to its commission as provided herein whether the
Lots are sold at online 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 (the “Lots”) are listed online and in the Seller’s online profile or have been sent to BIDAMI
and listed in 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 online 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 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 BIDAMI is merely an agent and service bidding platform of the Seller
and is not taking title or ownership of the Lots. Seller shall cooperate with BIDAMI in the discharge of duties
under this Agreement and as required by law.
BIDAMI is not engaging in a joint business venture, employment relationship, or partnership with the Seller.
BIDAMI is acting as an independent contractor.
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 Nevada to prepare for and conduct the auction of the Lots.
The Lots may be sold in one or more auctions 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.
BIDAMI is 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. This fee is 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 and Expenses
BIDAMI is authorized to place advertisements in such media as BIDAMI selects and provide necessary support,
promotional assistance, supplies and materials as 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 duties under or
pursuant to the authority conferred by this Agreement. Reimbursement will be deducted from proceeds, charged
to the credit card on file, or paid in cash, cashier’s check, or certified check to BIDAMI 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
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 are paid directly to BIDAMI into a designated account and BIDAMI is
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 than 30 days after the sale. This process may take longer with some sales.
Upon clearance of the funds, and confirmation of merchandise received by Buyer, funds are 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
be paid in partial payments. BIDAMI provides Seller with a settlement statement that can be viewed online.
12. Collecting Payments
The contract for the sale of each Lot is between the successful bidder and the Seller. BIDAMI is not responsible
for collection of the purchase price if the buyer breaches the contract, refuses to pay, or if the buyer’s
payment is dishonored for any reason. In such instances, Seller is responsible for collecting and pursuing
the claim against the bidder or buyer at the discretion of BIDAMI.
13. Returns
Although BIDAMI has an “ALL SALES FINAL” policy, BIDAMI may allow customers to return Lots purchased under special
circumstances. The buyer pays any charge to return any Lot.
14. Priority
Seller agrees that BIDAMI’s professional fee is paid first from the gross proceeds realized from the sale of Lots,
before the payment and satisfaction of any liens or encumbrances.
15. Title to the Property
Seller represents and warrants to BIDAMI that Seller is the lawful owner of each Lot, as designated in the account
inventory, and has good and marketable title free and clear of all liens and encumbrances.
If a lawsuit arises regarding ownership or the ability to sell any merchandise, Seller agrees to pay all legal
fees for BidAmi.com. BIDAMI must be released from legal liability upon any complaint initiated. Any property
found to be stolen will be the sole responsibility of the Seller. Exceptions must be noted via e-mail.
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 create a description for each Lot and is responsible for retaining a copy for records.
If a buyer returns any Lot 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 use the BIDAMI.com platform to sell Lots through
his own account.
- AD Seller must become authorized by submission of background checks, references, years in business, authentication process of company, verifiable phone numbers, and addresses.
- The AD Seller writes, photographs, and manages each Lot through the My Manager Console on the BIDAMI.com website.
- AD Seller descriptions must be true, factual, and accurate.
-
AD Seller is responsible for shipping each Lot to the buyer upon BIDAMI or AD securing funds. 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 funds. AD Seller permission or status can be revoked at any time for late
shipments.
- AD Seller must keep the shipping queue up to date by maintaining the item status field. An e-mail of delivery must go out to every buyer.
- A signature is required for every delivery.
- AD Seller must keep buyer information confidential.
-
Each item must have accepted authentication such as PSA, JSA, Steiner, On-Line Authentics, UDA, 100% Authentic.
Please inquire for the entire list of acceptable authenticators.
- We do not accept any A6 or lower graded game-used or worn equipment or jerseys.
-
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise the copyright, trademark, publicity, and database rights you have in the
content, in any media known now or in the future.
-
AD Seller assumes all responsibility for items sent to buyer. Seller must have proof of delivery for the buyer
to be responsible for an item not arriving. The seller bears the burden of proof.
- AD Seller privileges can be revoked at any time by BIDAMI for any reason that BIDAMI deems appropriate.
18. BIDAMI’s Professional Fee
BIDAMI’s professional fee is per sold Lot. Seller agrees to pay BIDAMI a commission percentage on Lots listed in
the account profile.
The commission schedule is as follows:
- Authorized Dealers fees are 15% for all Lots listed.
- For any Lot that BIDAMI handles and that sells for $250 or less, the commission is 30%.
- For any Lot that BIDAMI handles and that sells for $251 – $1,000, the commission is 20%.
- For any Lot that BIDAMI handles and that sells between $1,001.00 and $99,999.99, the commission is 15%.
- For any Lot that BIDAMI handles and that sells for $100,000.00 or more, the commission is 10%.
There is a 3% transaction fee for all credit card and PayPal purchases which is deducted from sale proceeds.
19. Delivery
Seller shall deliver or list the Lots online to BIDAMI no later than the stated deadline prior to the next
calendar auction. Seller assumes all risk for shipment and delivery of 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 loss in the amount of its fair market value. BIDAMI is not responsible
for damaged frames or glass broken due to shipping to or from BIDAMI. The Seller is responsible for any glass
replacement.
Seller authorizes BIDAMI to obtain any Lots that were listed with or in the possession of any other third-party
auction company or auction platform and for these Lots to be released to BIDAMI for sale, auction, or promotion.
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 an item if it is re-listed into auction and does not sell
after 90 days. An item may be re-listed as many times as Seller chooses, but will only incur 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
is questionable or not acceptable, at its own discretion, will be returned to Seller or the listing will be
taken down at Seller’s expense.
BIDAMI will deduct the fees from consignment payments or must receive payment prior to sending back the merchandise
and may send the Lots back COD, insured.
21. Fees or Commissions
Seller 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, BIDAMI does not assume and has no liability to the Seller or any buyer of any Lot.
BIDAMI is not responsible if 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 or relating to the Lots or
their condition.
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 may re-list unsold Lots for future sale or use various marketplaces. Outside
marketplaces will assess their own fees which will be deducted from the sale price.
BIDAMI will return unsold merchandise upon request of Seller. The Seller is responsible for 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
BIDAMI is authorized to charge a buyer’s premium to the successful bidder in the amount of twenty percent (20%).
The buyer’s premium is paid to BIDAMI for BIDAMI’s sole benefit. BIDAMI is also authorized to charge shipping,
handling, and tax (for residents from the State of Nevada).
BIDAMI will collect shipping fees on behalf of the AD Seller and forward shipping fees to Seller. A portion of
the shipping fees may be retained by BIDAMI at its discretion for handling purposes. Buyer’s premium will be
included in sale items and will be deducted.
27. Bulk Sale Compliance
If the sale is a “bulk sale” under applicable law, Seller and BIDAMI agree to comply with all statutory
requirements. Seller agrees to indemnify BIDAMI against any and all liability arising due to Seller’s failure
to assist and advise BIDAMI in complying with all notices and other requirements of a bulk sale by auction.
28. No Waiver
The failure of either party to insist on performance of any terms of this Agreement, or the waiver of any breach,
does not waive any such terms or conditions. The terms and conditions remain in full force and effect.
29. Severability
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid,
the validity of the remaining parts, terms or provisions will not be affected. They will retain full force
and effect, and the null, void, inoperative, illegal or invalid part is not deemed part of this Agreement.
30. Interpretation
Each party acknowledges that it has read, or had the opportunity to read, the terms of this Agreement. The
parties agree that this Agreement reflects their understanding. If a term is considered ambiguous, neither
party nor their counsel will be considered the draftsperson of this Agreement for purposes of construing
terms against a party.
31. Governing Law
The parties agree that this Agreement is made and entered into in the State of Nevada and will be interpreted,
enforced, and governed under the internal laws of the State of Nevada. If the parties litigate any breach,
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 Nevada.
32. Rights Not Transferable
All rights granted 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 such rights is void
and unenforceable. No third party may rely on any benefit or right conferred or granted to any Seller.
33. Headings
All headings are for reference only and are not 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. 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 are
effective immediately after they are posted.
