TERMS AND CONDITIONS

You must read the terms and conditions for each individual sale.  Each sale has unique conditions that will impact the terms and conditions applicable.  When you register for the individual sale, you agree to the terms written for that sale.  Unless otherwise specified in the terms for the specific sale, the below terms and conditions will apply.

Third Party Services

We may provide links to third-party services, sellers, and websites that we do not own or control. We are not responsible for the information collection practices of any third-party service, seller or website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.

Conditions of Sale

All sales are final and all property is sold “As is, Where is.” It is the bidder’s responsibility to determine condition and usefulness of the items purchased.  We attempt to describe all these items to try to give you a visual of the item you are bidding on.  We describe them to the best of our ability and many times rely on information from the consignor that is given to us. If you have questions or are NOT SURE about the condition of or anything pertaining to an item in our auction please do not hesitate to pick up the phone and give us a call.

Buyers Premium

A 15% buyers premium will be added to all invoices, there will be a discount for cash 5% of buyers premium.

Bidding

A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agree to be bound by them. In the event of non-payment during posted pickup days, we reserve the right to charge the outstanding invoice balance to the credit card you provided upon registration. Failure to honor your bid may result in loss of bidding privileges.

Payment

Whiz-bang is not responsible for any third-party billing.  All transactions are between the bidder and the seller.  Each affiliate is responsible for the collection of all sold items.  Each affiliate may choose to collect cash or credit card.  However, credit card payment methods are not required.  All credit card and cash payments shall be processed by the individual third-party affiliates.

Authenticity

Though all descriptions are believed to be correct, neither Whiz-bang, third-party affiliate, nor seller makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc.

Auction

Whiz-bang auctioneer, owners, employees, consignors and affiliates reserve the right to bid on any items in auction. Persons attending preview or auction during removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefore. Neither auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals.  Auctioneer reserves the right to cease auction activities at any time for any reason.
Pickup Times

Pickup days and times shall be posted under Auction Details on the website. Pick up times are firm unless extenuating circumstances warrant i.e., acts of nature, etc. UNLESS PRIOR ARRANGEMENTS ARE AGREED UPON, we reserve the right to charge storage fees for items NOT PICKED UP during our posted pick up times, as well as charge the outstanding invoice balance to the credit card you provided upon registration. In addition to the invoice total, there will be a $30 handing fee charged to the credit card on file for items not picked up . These items will be forfeited after 7 days if not picked up.

Governing Law

The laws of the state of Texas govern this agreement.  Any and all lawsuits must be filed in Dallas County courts and the Northern District of Texas.

Privacy Policy

Included in these terms and conditions is the privacy policy as outlined on the Whiz-bang website.

Indemnification

Buyers, affiliates, and consignors shall indemnify Whiz-bang, its owners and its affiliates against any claims, damages, or liability (including reasonable attorney’s fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. Buyer, affiliates and consignors agrees to indemnify Whiz-bang, its owners and its affiliates for any damages or losses.  Buyer will not hold Whiz-bang, it’s owners, affiliates or its employees, liable for accidents, injury, theft, or incidents related to this purchase.

Intellectual Property

By submitting any images to Whiz-bang for the purpose of sale, marketing, or any use on our website, you grant Whiz-bang world wide non-exclusive license to use the image on any and all marketing collateral digital, printer or otherwise.

Trademarks

All trademarks, service marks, and copyrights owned by Whiz-bang shall not be used without written permission.  This includes the name Whiz-bang, Whiz-bang Auctions, Whiz-bang Online any and all website URL addresses and abbreviations of such.

AuctionFlex

AuctionFlex sets up each user on this website and collects all user information.  Whiz-bang does not have access to user names and passwords.  AuctionFlex does provide Whiz-bang with use name, contact information and credit card information provided during the registration processes.  User information will not be sold to any third party advertisers by Whiz-bang.