Cadillac Records NYC Premiere and After Party

1. Lots Sold to the Highest Bidder: The highest bidder shall be the buyer. Under no circumstances are the consignors or the consignor's agents or persons acting on behalf of the consignors permitted to bid at the auction on their consigned property. The Seller has the right to reject any bid, to advance the bidding at his or her absolute discretion and, in the event of any dispute between bidders or any other issue with respect to the highest bidder, to determine the successful bidder, to continue the bidding or to reoffer and resell the lot in question. In the event of any dispute after the sale, Phoenix, record of final sale shall be conclusive. 2. Lots are Sold AS IS. ALL PROPERTY IS SOLD AS IS AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE EXCLUDED. NEITHER WE NOR THE CONSIGNOR OR OUR ASSOCIATES MAKE ANY REPRESENTATION, EXPRESSED OR IMPLIED WARRANTY, OR GUARANTEE NO STATEMENT IN THE CATALOGUE, BROCHURES OR IN THE BILL OF SALE OR INVOICE OR BIOGRAPHIC INFORMATION OR STATEMENTS MADE BY THE SELLER DURING THE AUCTION OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. NO EMPLOYEE OF PHOENIX HOUSE IS AUTHORIZED TO MAKE, ON OUR BEHALF, ANY REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, WITH RESPECT TO ANY PROPERTY. 3. All Sales Final. There are no exceptions to this refund policy. We accept Paypal, credit card and wire transfer. 4. The Right to withdraw Lots: Phoenix House reserves the right to withdraw any lot before or during the sale. 5. Buyer's Premium: The purchase price payable by a buyer shall be the sum of the final bid plus a premium of 5% of the final bid price. 6. Lots are Subject to a Reserve Price: Lots in the auction are subject to a reserve, which is the confidential minimum price below which the lot will not be sold (the reserve). In no event will the reserve price exceed the low estimate. Phoenix House shall act to protect the reserve by bidding through the auctioneer. The auctioneer may open bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. Any estimates given are merely suggestive guidelines for interested buyers. The lots auctioned may sell at prices either above or below estimates. 7. Winning Bid Constitutes an Immediate Transfer of Title: Title to the offered lot shall pass to the buyer upon the fall of the auctioneer's hammer and announcement by the auctioneer that the lot has been sold, subject to compliance by the buyer with all other Conditions of Sale. The buyer shall forthwith assume full risk and responsibility for the lot and shall pay the full purchase price as Phoenix House, in its sole discretion, shall require. In addition, the buyer may be required to sign a confirmation of purchase or abide by any other financial terms that Phoenix House deems. 8. Removal of Purchased lots: All items sold will not be sent until the buyer has paid in full the purchase price or has satisfied such terms, as Phoenix House, in its sole discretion, shall require. 9. Absent Bidders: Bids which are submitted prior to an auction for execution at or below a specified price (Absentee bids), shall be entertained and executed by Phoenix House for the convenience of bidders not present at auction, but Phoenix House shall not be responsible for failing to execute such bids or for errors relating to our execution of such bids. Bidding on any article(s), constitutes the highest bidders acceptance of these Conditions of Sale. 10. Buyer's Breach of Conditions of Sale: If the buyer fails to comply with any of these Conditions of Sale, Phoenix House may, in addition to asserting all remedies available by law, including the right to hold such defaulting buyer liable for the purchase price, (I) cancel the sale, retaining as liquidated damages any payment made by the buyer, (II) resell the property, or (iii) take such other action as we deem necessary or appropriate. If Phoenix House resells the property, the original defaulting buyer shall be liable for the payments of any deficiency in the purchase price and all costs and expenses. 11. Governing Law, Venue and Jurisdiction: The rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall be governed and interpreted by the laws of the State of New York. By bidding at an auction, the buyer shall be deemed to have consented to the exclusive jurisdiction of the courts of such state and the federal courts sitting in such state. The buyer expressly agrees that (I) Phoenix House shall not be liable, in whole or in part, for any special, indirect or consequential damages, including, without limitation, loss of profits and (II) the buyer's damages, if any, are limited exclusively to the original purchase price paid for the lot. 12. Delivery of Lots Sold: The packing and handling of purchased lots by Phoenix House is undertaken solely as a courtesy to customers. There is no charge for packing material and labor supplied to you. 13. Phoenix House may, in our discretion and as a service to buyers, arrange to have purchased lots packed, insured and forwarded at the request, expense and risk of the buyer. Phoenix House assumes no responsibility for acts or omissions in such packing or shipping by other packers or carriers, whether or not recommended by Phoenix House. Nor does Phoenix House assume any responsibility for any damage. 14. Notices, Demands and Refunds: Any demands for refunds, problems with the lot(s) sold or notices of any kind concerning the auction shall be in writing and addressed to: Amy Singer, Phoenix House Foundation, 164 W. 74th Street, New York, NY 10023. 15. Effect of any Unenforceable Provisions: Should any of the Conditions of Sale be deemed unenforceable by a competent court having jurisdiction, such unenforceable provision shall have no effect on the enforcability of the remaining provisions contained in the Conditions of Sale.

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