TERMS & CONDITIONS



T E R M S AND CONDITIONS OF ON-LINE AUCTION SALES CONDUCTED, HOSTED OR OTHERWISE ADMINISTERED BY LUJOHNS AUCTION Group, LLC (“AUCTIONEER” OR “AUCTION COMPANY” or "Lujohns") EITHER THROUGH AUCTIONEER’S WEB SITE WWW.LUJOHNS.COM OR ANY OTHER WEBSITE DESIGNATED BY AUCTIONEER FOR THE PURPOSE OF CONDUCTING AN ON-LINE AUCTION.

1. Notice: Please read these terms and conditions thoroughly prior to bidding. All bidders and other persons participating in auctioneer’s on-line auctions agree that they read, write, speak and clearly understand the English language and have read these terms and conditions and have full knowledge of these online terms and conditions and unconditionally agree to perform and be bound thereby without reservation.

2. On-line bidders are required to provide valid credit card information via the secure form to be approved for online bidding. Identification: All purchasers are required to give full name, company name, address, phone number, fax number, cell phone or secondary contact number, email address information when becoming a member of Lujohns.com. All bidders agree in advance and authorize Lujohns to charge their credit card for any purchases and shipping or packing costs (if any) . Anyone under the age of 21, or who for whatever reason are unable to enter into legally binding contracts, are prohibited from using our online auction or participating in any on-line auctions hosted by Auction Company.

3. BIDDING: All bids must be entered online at www.lujohns.com. We use dynamic ending times for all on-line auctions. On-line auction ending times will be extended by one-minute intervals if bids are placed during the last one minutes of the scheduled auction ending time. Such extension of the ending time of the auction will continue, in one-minute intervals, as long as active bidding continues. Once there are 120 seconds without any bidding, no further extensions will be given and the auction will end. . Once your online bid is submitted, you have entered into a binding contract with Auction Company and the Seller and you are unconditionally obligated to pay for your winning bid(s). Bidders must have adequate financial resources to fulfill bid commitments. By bidding, you are agreeing to be held personally liable for the bid amount, buyer’s premium, and any other fees or applicable taxes, whether or not the item description specifies the fees, taxes or assessments that may be applicable to the purchase of the item or property. Claims: No claims will be allowed once bidder becomes winning bidder.

4. CONDITION REPORTS: All bidders should email questions regarding condition reports. This report supersedes the catalog description. Lujohns staff can answer questions up until 24 hours prior to the end of the auction info@lujohns.com.

5. INVOICING, REMOVAL & SHIPPING: All successful online bidders will be notified by email within 24 Hrs following the conclusion of the auction with a detailed invoice showing each lot number, description and bid. The invoice will also have the total, not including shipping costs, which is due and payable upon receipt. Successful bidders are solely responsible for all costs involved with shipping, packing and insuring their purchases as provided by unless other pre-arrangements are made with LuJohns prior to auction, All Shipping and packaging, if any, shall be provided by Lujohns Auctioneers at additional cost. Under no circumstances shall any other shipper or individual be permitted to package and/or ship items. All items will be shipped with insurance at buyer’s expense. Further, it is strongly recommended that bidders request shipping quotes on "lots" of interest, prior to bidding. By having a reasonable idea as to shipping & packing costs in advance the bidder can better judge what dollar amount to bid on each lot of interest. Bidder agrees that LuJohns shall not be involved in shipping agrees to hold harmless and indemnify LuJohns from any claims of any kind regarding shipping/delivery of any lots purchased. Please note that due to the volume of items requiring shipping after an auction it may take several days before items are packed and shipped

6. Internet Bids: The user of LuJohns.com indemnifies and holds LuJohns and its consignors harmless against any claim arising out of or resulting from use of lujohns.com site, including all losses, damages, liabilities, and all fees (including attorneys fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall LuJohns and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site. Lujohns reserves the right to restart bidding on any lot(s) due to any technical problems.

7. Estimates: Whenever estimates are provided in this catalog they are our opinion of the price range that a willing buyer would pay for the property at auction. These estimates are merely the opinion of our cataloging staff. Therefore, the buyer should rely solely on their own knowledge to determine the amount they are willing to pay. Estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. LuJohns shall not be liable in any way for such a difference. Buyers agree that they are relying solely on their own opinions of value when bidding.

8. Ownership title passes upon the close of the auction, and thereafter the property is at the risk of the buyer and neither the seller, nor the auctioneer shall be responsible for loss or damage.

9. Every item is sold "as, is". Neither the auctioneer nor the seller makes any warranties or representations of any kind or nature with respect to said property. All sales are final. Catalog descriptions are for simple identification purposes only, no representations are made as to authenticity, age, origin or value. Buyer relies solely on his/her own inspection and judgment when bidding. Please email any questions at least 24 hours prior to the start of auction. Conditions of articles sold: The auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles. All articles are available for inspection prior to the auction as noted, and are sold “as is” and without recourse. Articles are not warranted as to merchantability or fitness for any particular purpose, and no claim may be made by purchaser relating to the condition or use of articles purchased, or for proximate or consequential damages arising there from. Safety devices: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser’s responsibility that articles purchased are so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation. Sale by estimated weight, count or measure: Where items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure as announced when sold.

10. The highest approved bidder to be the buyer. In all cases of disputed bids, the property shall be resold. But, auctioneer will use his judgment as to good faith of all claims and his decision is final.

11. Should a dispute arise after the auction, auctioneers records shall be conclusive in all respects.

12. This is a privately owned and operated auction. We reserve the right to refuse admittance to any person(s). No transfer shall be recognized from one buyer to another.

13. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of terms & conditions of auction or in case of default, including, without limitation, reasonable attorney's fees, as well as any dollar deficiencies which may result in the resale of the property, and the cost of re-marketing said property. Additional commissions shall be due and payable.

14. Governing Law and Forum for Disputes: The laws of Massachusetts shall govern the auctions of LuJohns. Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with Massachusetts law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the Commonwealth of Massachusetts with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that Lujohns needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it LuJohns shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit. Severability and Waiver: If any provision of portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale.

15. Auctioneer reserves the right to withdraw any property prior to auction.

16. The above stated Terms & Conditions of Auction cannot be altered except in writing by all parties of the contract, or by verbal changes to terms give by Auctioneer at time of auction

17. Bidder does hereby indemnify and hold harmless auctioneer and Seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever, caused before, during, or after the auction.

Auctioneer: John Economou MA Lic # 245