Welcome to Diamond Owl Estate Sales &
L. Estes & Associates
Need an Emergency Liquidation Sale, Estate Sale or Business Liquidation ASAP? Call 832-315-8291 today!
*A Division of Diamond Strategic Metals & Collectibles of Texas LLC & **Diamond Nextlight Brands LLC
We specialize in:
Elegant Professionally Curated & Staged Estate Sales & Auctions, Emergency Business Liquidations, Collectibles Sales,
Downsizing Services, Home Staging Services &
Business and Personal Concierge Services
Estate Sales & Business Liquidations Terms and Conditions (TAC)
Diamond Strategic Metals and Collectibles of Texas LLC,
Diamondowl Nextlight Brands LLC, and Diamond Owl Estate Sales,“we”,”our”,“COMPANY” AND OR “AUCTIONEER” hereby known as “COMPANY”, Business and Personal Concierge Services, Downsizing, organizing, packing, and Home Staging Services, Online Auctions, Professionally Curated & Staged Estate Sales & Auctions, Business Liquidations, and Collectibles Sales SALES TERMS, CONDITIONS, AND POLICIES, Shipping, Payment & Auction Policies*.
For the purposes of this agreement, the terms: “Bidder”, “customer”, “winner of auction”, and or any participant of: online auctions, customer and or buyer of liquidation sales and or Estate sales by “company”, are all hereby known as “you”, “bidder” or “CUSTOMER” agree to all terms and policies of “COMPANY”.
These terms and conditions also form the basis for the contract of sale between the Seller ”COMPANY” and the Buyer, referred to as “CUSTOMER”. Within this document,these terms, policies, and conditions are sometimes referred to as “TAC”, short for Terms & Conditions and they include all the provisions.
FOR ALL SALES, AUCTIONS, ON SITE SALES, ESTATE AND BUSINESS LIQUIDATION SALES:
1. We have worked diligently to describe all items to the best of our ability; however, THIS IS NOT A WARRANTY.
2. All items are SOLD AS IS.
3. Personal inspection is recommended and welcomed during preview and any time before item is sold. The omission of a condition report in no way indicates the item is without flaws, damage, and age wear.
4. Specific condition questions are welcomed at least 24 hours prior to the start of the auction. Each item's description is independent and should not be used as a precedent to judge other items. If you cannot ascertain the information to bid with certainty, please do not bid.
5. Fine art and jewelry: Jewelry and precious metals are not automatically tested. This includes items that are stamped and hallmarked. Some items have been tested and the readings have been noted, but this IS NOT A GUARANTEE. Fine art and jewelry pieces are described and appraised whenever possible. Precious stones and Semi-Precious stones are not tested or removed from mountings to determine carat. Appraisals are attached for some items. THIS IS ALSO IN NO WAY A GUARANTEE. An appraisal is based on one professional's opinion.
6. Personal inspection is always the best way for an individual to make the most informed bidding decisions.
7. WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESSED AND OR IMPLIED WARRANTIES OF MERCHANTABILITY WITH REGARD TO ANY SALE MADE THROUGH:
Diamond Strategic Metals and Collectibles of Texas LLC,
Diamondowl Nextlight Brands LLC, and Diamond Owl Estate Sales,
Auctions, Estate Sales, Business Liquidations, and Collectibles Sales.
8. Local Pickup Days. SOME SALES ARE LOCAL PICKUP ONLY WHERE SHIPPING IS NOT AN OPTION. Each Sale will be listed with specific details. Picking up your new treasures should be just as easy as bidding and or purchasing on them!
For a smooth pickup experience, keep these tips in mind:
1. Double-check that you have everything from the lots you've won before you leave the pickup location.
2. For all invoices, you will need to show a photo ID and credit card used for purchase for verification.
3. If you have any questions at pickup you can always ask our Team Lead and Staff Members managing the pickup.
4. Please bring a copy of your paid invoice, email, or invoice to the designated estate sale/auction/business liquidation/sale pickup location at the AVAILABLE PICKUP TIME(S) ONLY.
5. Please arrive at the designated times ONLY. Customers who abuse this policy and or violate other terms and conditions of sales are to be removed from bidding in future sales. Available Pickup Date/Time(s) will be clearly stated in each sale listing.
EXAMPLES OF AVAILABLE PICKUP DATES/TIMES:
Pickup day and Time: Sat, Jan. 24, 2020 10:30 AM - 3:00 PM
Assigned time slots with invoice or payment receipt:
Category A: 10:30 AM – 1:00 PM
Category B: 1:15PM – 3:00 PM
9. Description of Property. Unless otherwise expressly stated in writing, any description of a lot is based on visual impression, and is given solely for identification purposes, and does in no way create any warranty, expressed or implied, or representation by “COMPANY” AND OR “AUCTIONEER.”
10. Customer Support:
Dedicated Customer Support is available during regular office hours 9:00am-4:00pm, Monday-Thursday to help with any questions, concerns or special requests that you may have. For urgent matters, please call and leave a message and we will return your call as soon as possible.
11. Agreement to Terms and Policies, Shipping, Payment & Auction Policies By 1. registering for and/or placing a bid, 2. attending an estate sale and/or pre-sale days 3. calling and placing orders over the phone 4. doing business with any Diamond Strategic Metals and Collectibles of Texas LLC, Diamondowl Nextlight Brands LLC, and Diamond Owl Estate Sales companies online sale, liquidations sale, estate sale, or auction, you acknowledge that you: have read, understand, and agree to our all of our Terms and Policies, Shipping, Payment & Auction Policies*.
12. Condition Pre-Owned
13. Buyer's Premium PLUS Texas Sales Tax at the rate of 8.25%
• 20% up to $10,000.00
• 18% up to $50,000.00
• 15% above $100,000.00
14. By bidding on the item you agree to any and all of these terms, conditions and policies. We have many satisfied, repeat customers and look forward to the opportunity to count you as one. We hope you will consider previewing and attending one of our Auctions, Estate Sales, Business Liquidation Sales and Collectible Sales in person.
For On Site Estate Sales and Business Liquidation Sales:
1. Entrance to All Onsite Estate Sales and Presales:
All attendees of the sale will sign in before entrance with their ID and proof of address, either an ID or utility bill with their name and address on it, or present 2 forms of Identification. Each person helping you remove items must present their ID upon entrance to the private property.
No exceptions.
2. Security Will be On Premise At All Times 24/7.
Each Location Has A Monitored Alarm & Camera Surveillance 24/7
3. Mastercard And Visa Accepted with ID and physical address. We Reserve The Right To Verify All Credit Card Purchases with a valid ID. We Request That Your Credit Card Purchase Be $20 Minimum.
4. All Transactions Are Video Recorded.
5. We will accept cash at onsite sales locations.
We will not give more than $10 in change. If you need small bills, please make those arrangements before you arrive. No exceptions.
6. No Backpacks, Luggage Size Handbags, No Large bags allowed.
7. ALL holds during the on site sales will be for a maximum of 15 minutes for purchase. If not purchased in 15 minutes, the hold items return to the sale immediately.
8. There is No Public Restroom. No exceptions.
9. Please Park Mindfully. Please Do Not Block Driveways.
10. Please inspect all items carefully. No Returns. No Exchanges. No Refunds.
11. Unfortunately Due To Safety Concerns We Request No Children during the on site sales. (Exceptions are during pre-sale appointments only and the limit of one child under the age of 12 supervised by the adult parent.)
12. Please Bring Professional Licensed, Bonded and Insured Moving Companies only to remove furniture and or heavy items. Inform all companies you hire that each helper and mover will all have to present valid government ID’s to gain entrance to the private residence and or business. You are responsible to inform those helping you move items that they will present VALID IDENTIFICATION AND VALID INSURANCE POLICIES TO THE STAFF ON SITE DURING PICKUP TIMES. If they refuse, they will be asked to leave until they comply because these are private residences and private businesses. The liability of all moving companies and helpers you choose will remain with you and or “CUSTOMER” should damage occur. This is why we strongly encourage you to choose moving professionals. No exceptions.
(Making arrangements in advance is preferable to per-certify these companies, employees present, and their entrance to a private residence and private business.)
13. Pickup /Removal Arrangements: If you are unable to remove your heavy purchases the same day, please make the arrangements with us for pickup before your leave. Any items left after the close of business on the last day will be considered abandoned. Exceptions to this are only when prior arrangements are made to have items removed and scheduled directly with: “COMPANY” AND OR Diamond Owl Estate Sales, Auctions, Estate Sales, Business Liquidations, and Collectibles Sales. Each person helping you remove items must present their ID upon entrance to the private property.
14. Please bring your own helpers and or movers to load your vehicles and to remove your purchases. We are not a moving company and we don’t allow our staff or security guards to take items to your vehicles. Each person helping you remove items must present their ID upon entrance to the private property. Bring extra packing supplies in case we run out the day of the on site sale.
FOR ONLINE ONLY AUCTIONS
1. PLEASE NOTE: NOT ALL online auctions include shipping. Check each individual auction to determine whether items are being shipped.
2. We offer Shipping for items shipped within the continental US only excluding Hawaii, Alaska, and Puerto Rico. Shipping is NOT INCLUDED IN THE SALES/AUCTION PRICE. It will be calculated later based on the weight and arrival times requested. All packages and shipped items will include LDL, Loss, Damage, and Liability insurance and will be included in the shipping costs.
3. Framed or large and heavy Items do not have shipping costs included. The exact shipping cost will be added to your invoice post auction. Feel free to contact us for shipping inquiries. Standard freight shipping rates apply. We will send you an invoice of the exact costs after the auction. If you have concerns about the shipping fees, please call before you bid on items in the online only auction.
4. Shipping furniture generally requires 2-8 weeks. The shipping company will contact you directly using the phone number you provide to arrange a delivery day and time when they are nearing your location. If you have a specific timeframe for delivery, please contact us before making a purchase, and we will check to see if it is feasible.
5. PLEASE NOTE: The exact shipping cost with insurance will be added to your invoice post auction if applicable. These rates might not have insurance added. Feel free to contact us for shipping and insurance costs inquiries. Shipping rates vary and change daily. Please refer to the links listed here as a reference and as a guideline only of what costs could be:
for smaller packages, USPS.GOV, https://pe.usps.com/text/dmm300/Notice123.htm#_c450
for larger packages and freight rates:
https://www.fedex.com/en-us/shipping/freight/class-calculator.html#freight-class
Packages and freight possible costs: https://www.ups.com/us/en/support/shipping-support/shipping-costs-rates.page
6. Customer Support is available during regular business hours to help with any questions, concerns or special requests that you may have. You can reach us by email and or phone.
7. These terms and conditions are subject to change at any time and without notice. Please read terms and conditions on the day on the auction, estate sale, business liquidation sale, and online auction sites.
8. Condition Pre-Owned
9. Buyer's Premium PLUS Texas Sales Tax rate of 8.25% added to the paid invoice/receipt
• 20% up to $10,000.00
• 18% up to $50,000.00
• 15% above $100,000.00
10. Bidder Terms and Conditions.
Important Additional terms and conditions for Online Auctions,
Auction and Estate Sale Pre-sales, and other types of sales held by “company”:
These “CUSTOMER“ and or “BIDDER” Terms and Conditions apply to sales and or online auctions conducted by Diamond Strategic Metals and Collectibles of Texas LLC, Diamondowl Nextlight Brands LLC, and DIAMOND OWL ESTATE SALES
(“COMPANY”), and (“CUSTOMER” and or ”BIDDER”) constitute a legal, valid, binding, and enforceable contract between and each Bidder. These “CUSTOMER” AND OR “bidder” terms and conditions also form the basis for the contract of sale between the Seller and the Buyer. For the purposes of these Bidder Terms and Conditions, the term “customer”, and or "you" and or “bidder” refers to each “CUSTOMER” (as defined below).
1. Terms and Conditions; Posted Terms; Announcements at the Time of the Online Auction; Agreement to Be Bound. The Auction is conducted under and in accordance with these Bidder Terms and Conditions and any and all other terms and conditions posted on the “COMPANY” website(s) and on the websites of any Online Auction Platform Provider(s) including Estatesale.com used by “company”.
The Estate Sale/Auction/Liquidation Sale is subject to any announcements or corrections by “COMPANY”. By participating in the online Auction in any way, “you” and or “CUSTOMER” agree to be bound by, and to abide by, these Bidder Terms and Conditions.
2. Definitions. The following definitions apply to these Bidder Terms and Conditions:
"Auction" means an online auction sale conducted by “COMPANY”
“CUSTOMER”AND OR "Bidder" means any person or entity, and the agents or representatives of any such person or entity, that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction, Estate Sale, Sale (including, without being limited to, inspection and/or pick-up), regardless of whether such person or entity tenders a bid.
"Bidder Account" means the number or other identifier issued by “COMPANY” and or Auctioneer to a Bidder.
"Customer and or Bidder Registration" means the information provided by a prospective Bidder, and the process of registering such prospective Bidder to bid at the Auction, including the prospective Bidder's agreement to be bound by these “bidder”,“customer” Terms and Conditions.
"Bidder Terms and Conditions" means these Bidder Terms and Conditions.
"Buyer" means the Winning Bidder on a Lot.
"Buyer's Premium" is an amount with respect to each Lot, calculated as a percentage of the Hammer Price, that is payable by the Buyer,”customer” to “company” for its own account.
"Contract Price" means an amount equal to the Agreed Price and or Sales Price and or Hammer Price PLUS the Buyer's Premium.
Example:
Contract Price= Agreed Price or Hammer Price=$100.00 USD PLUS BUYERS PREMIUM at 20%=$120.00
“Final Contract Price” is the contract Price(including hammer price plus buyers premium) PLUS Texas Sales Tax Rate at 8.25% plus all shipping and insurance. The final price will be shown on the paid invoice, invoice, and or bill.
Example shown with tax, shipping and insurance added for illustration purposes only to provide transparent pricing in all transactions:
Contract Price= Agreed Price or Hammer Price=$100.00 USD PLUS BUYERS PREMIUM at 20%=$120.00
Contract Price $120.00
Texas Sales Tax 8.25% $9.90
Shipping and insurance $15.00
Final Contract Price $144.90
Buyer's Premium PLUS Sales tax, shipping and insurance added
20% up to $10,000.00
18% up to $50,000.00
15% above $100,000.00
"Delivery" means the transfer of possession of a Lot or Lots to the Buyer. Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during the Sale and or Auction or at such other address as indicated on “company” website and or
Delivery does not mean that “company” will move or relocate any Lot from its physical location during the on line auction to any other location directed by the Buyer, “customer”. Unless otherwise expressly agreed in writing, “COMPANY” will NOT move or relocate any Lot(s) on behalf of the Buyer, “CUSTOMER”.
"Fall of the Hammer" In an online Auction, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding.
"Hammer Price" means the High Bid amount recognized by Auctioneer with the Fall of the Hammer.
"High Bid" means the amount recognized by Auctioneer as the highest bid at the conclusion of bidding on a Lot.
"High Bidder" means the Bidder recognized by Auctioneer as having made the High Bid on a Lot.
"High Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the high end of a spectrum of possible bids. The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
"Lot" means each individual item or grouping of personal property put up at one time by Auctioneer.
"Low Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the low end of a spectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
"No Sale" occurs if a Lot is put up at the Auction but is not sold, and Auctioneer passes on such Lot, withdraws the Lot, or declares a No Sale of the Lot.
"Online Auction Platform" means any hardware and/or software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums, and promotions. Auctioneer may utilize one or more Online Auction Platforms.
"Online Auction Platform Provider" means the provider of an Online Auction Platform and related services. Auctioneer may utilize one or more Online Auction Platform Providers.
"Online Bidding Period" means any established period during which online bids may be tendered.
"Private Sale" means an event in which a Lot is sold (or gifted) by the Seller, or on the Seller's behalf, other than at the Auction.
"Private Sale Price" means the fair market purchase price of a Lot paid, or agreed to be paid, at a Private Sale in an arms-length transaction between the Seller and the purchaser. If a Lot is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by the Seller, the Private Sale Price will be an amount equal to the fair market value of the Lot in an arms-length transaction.
"Reserve" or "With Reserve" means that property put up at auction may be withdrawn by Auctioneer and/or bids may be rejected by “COMPANY” prior to the Fall of the Hammer. It is not necessary for there to be a Reserve Price for an online auction to be With Reserve.
UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY “COMPANY” IN WRITING, ALL LOTS ARE BEING SOLD WITH RESERVE.
"Reserve Price" means the minimum price that Seller is willing to accept for a Lot. If a Lot put up With Reserve is subject to a Reserve Price, the Lot will not be sold unless the Reserve Price is met or waived. It is not required for any Reserve Price to be disclosed.
"Winning Bid" means the highest bid received and accepted (and if Subject to Seller's Confirmation, confirmed by Seller).
"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.
"Without Reserve" means Absolute.
3. Bidder Registration; Bidder Qualification. YOU must register to bid. Auctioneer may establish such Bidder Registration requirements and Bidder qualifications as Auctioneer determines, in its discretion, to be reasonably necessary or appropriate. In order to register to bid, YOU must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the Bidder Registration or bidding privileges of any Bidder. By registering to bid, YOU represent to Auctioneer that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract. Each entity registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted on the Auctioneer website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer. Auctioneer may, in its absolute discretion, receive bids from a person or entity that has not registered to bid, and/or who has not satisfied all requirements for Bidder Registration, and/or that has not previously been granted bidding privileges, and, by bidding, such person or entity will be bound by these Bidder Terms and Conditions, any and all other terms and conditions posted on the Auctioneer website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer. Bidder qualification provisions are intended for the benefit of Auctioneer and its Seller(s), and create no rights or interests in any other persons, including competing Bidders. Auctioneer and/or its Seller(s) may (but will not be required to) waive any Bidder qualifications, either globally or on a case by case basis.
4. Bids Received in the State of Texas. Notwithstanding YOUR physical location or the physical location of any Lot(s), all bids and payments are received in the State of Texas.
5. Buyer's Premium. A Buyer's Premium, or Buyer's fee, will be charged on all Lots. The Buyer's Premium, which will be paid by the Buyer to Auctioneer for its own account, will be calculated as a percentage of the Hammer Price for each Lot, and will be added to the Hammer Price to determine the Final Contract Price. The Buyer's Premium rates are:
Buyer's Premium PLUS Sales tax, shipping and insurance added
20% up to $10,000.00
18% up to $50,000.00
15% above $100,000.00
6. Access to Online Auction Platform; Premises; Reviews. YOU assume all risks associated with YOUR access to the Auction, including the Online Auction Platform, the premises of Auctioneer, and any other physical location associated with Auctioneer or the Auction. Any person may be denied access to the Auction, the Online Auction Platform, and the premises of Auctioneer or any other physical location associated with Auctioneer or the Auction. Auctioneer reserves the right to post truthful reviews of Bidders, including blocked Bidders, on social media and elsewhere.
7. Nature of the Auction. Unless expressly stated otherwise in writing, the Auction will be With Reserve. Auctioneer may Withdraw any Lot prior to the Fall of the Hammer on such Lot.
8. No Bid Retraction. YOU may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. YOU acknowledge and agree that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept YOUR Registration and to grant YOU bidding privileges, and for YOU to bid at the Auction, YOU agree not to withdraw or to attempt to withdraw any bid tendered by YOU.
9. Posted Times. All times are based on the Central Standard Time Zone ("CST"). Posted closing times and time displays are approximate. Auctioneer reserves the right, in Auctioneer's sole and absolute discretion, to close early or extend the Auction.
10. Handling of Online Bids; Maximum Bid Amounts. YOU may establish a maximum bid amount. Online Bids will ordinarily be initiated at an established opening bid amount or at the next bid increment, which amount may be less than YOUR maximum bid amount. Online bids will automatically be executed competitively up to the Fall of the Hammer (or other termination of the bidding). The receipt and execution of online bids will not create an agency relationship between Auctioneer and YOU.
11. Relationship of the Parties. Auctioneer is the agent of the Seller(s), and represents the Seller(s) exclusively. “COMPANY” is not YOUR agent or representative, and is not acting on YOUR behalf.
12. Bid Increments. Auctioneer may establish bid increments, and may modify or change, bid increments.
13. Records. Absent clerical errors, the records of Auctioneer will be final and conclusive for all purposes.
14. Technology Disruptions. “COMPANY” will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) errors in programming or set-up of the online Auction, (iii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iv) otherwise. “COMPANY”may, at it’s discretion, but will not be required to, continue, suspend, delay, extend, reschedule, close, re-set, or re-start the online auction because of disruptions caused by technology failures or errors, even after bidding has commenced.
15. Failures by Online Auction Platform Provider and its Affiliates or Contractors. “COMPANY” may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
16. Auto-Extend Feature. Any Online Bidding Period may include an auto-extend feature. This means that, if an online bid is entered within two (2) minutes of the scheduled closing of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional two (2) minutes, and will continue to be so extended until there is a set period of time that lapses during which no advancing online bids are received, after which bidding will close.
17. Disclaimer Regarding Online Auction Platform(s). “COMPANY”makes no representations or warranties, and disclaims all representations and warranties, (i) that any Online Auction Platform(s) or any related website(s) or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using any Online Auction Platform(s) or any related website(s) or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of any Online Auction Platform(s), or any related website(s) or technology.
18. Responsibility for Online Bids. YOU are responsible for all bids transmitted from YOUR computer or from YOUR Bidder Account. If a Winning Bid is sent from YOUR computer or using YOUR Bidder Account, YOU will be the Buyer on certification by “COMPANY”.
19. Winning Bidders Subject to Final Certification by “COMPANY”.
The final determination of the Winning Bidder and or “customer” is subject to certification by “COMPANY”, and any email or electronic message (whether generated manually or automatically) is subject to such certification.
20. Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid for any Lot, will be the Buyer of the Lot on final certification by “COMPANY”.
21. All Property Sold "AS IS", "WHERE IS", and "WITH ALL FAULTS". ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS "AS IS/WHERE IS" CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR ANY SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR ANY SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, AND YOU HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY ANY SELLER OR ANYONE ACTING AS AGENT OF A SELLER (INCLUDING AUCTIONEER), ORALLY OR IN WRITING, ABOUT ANY LOT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR HAVE WAIVED, YOUR INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF YOUR BID(S), AND (iii) IN BIDDING. IT IS YOUR RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE, OR ANY OTHER DETERMINATIVE FACTORS REGARDING ANY LOT ON WHICH YOU BID.
22. Bidder's Inspection; Adequacy of Description and Images. YOU are encouraged to inspect the Lot(s), or to have the Lot(s) inspected by YOUR agent or representative before bidding. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by any Seller or anyone acting as agent or representative of a Seller (including Auctioneer), and any photographs or other images of Lot(s) are adequate for YOUR purposes.
23. Description of Property. Unless otherwise expressly stated in writing, any description of a Lot is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
24. High and Low Estimates. If and to the extent that High Estimates and Low Estimates are used, they are merely a guide. You may NOT rely on High Estimates or Low Estimates as a prediction of the Hammer Price or the value of any Lot, or for any other purpose. High and Low Estimates are not a guarantee of price or value, and are NOT an indicator of the possible resale value of any Lot. High Estimates and Low Estimates do not include the Buyer's Premium.
25. Announcements. Announcements made, or posted, by Auctioneer on the day of, or during, the Auction are binding and take precedence over any prior advertisements or listings.
26. There will not be bidding by or on behalf of Seller(s). Seller(s) may not bid directly, or indirectly, on any of their Lot(s).
27. Conduct of the Auction. “COMPANY” and or Auctioneer will regulate all matters relating to the conduct of the Auction and the decisions of Auctioneer will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. Auctioneer may, in Auctioneer's sole and absolute discretion, reopen the bidding (but will not be required to) if (i) a bid was tendered prior to the fall of the Hammer but went unnoticed by Auctioneer until called to Auctioneer's attention after the Fall of the Hammer or other termination of the bidding, or (ii) a technology disruption, failure, or error, caused a bid that was tendered, or attempted to be tendered, prior to the hammer from being received or recognized, or (iii) some other error or dispute occurs. Any contracts formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened, the High Bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.
28. Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Hammer Price, and these Bidder Terms and Conditions, together with the records of Auctioneer identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into and made a part of each contract between a Buyer and a Seller.
29. Payment. All Lots must be paid for in-full at or before the pick-up date and time set forth in the specific Auction listing. The default payment method will be using the Credit Card used during registration which is stored on file.
Payment may be made in credit card or by wire transfer. Wire transfers must be made within 3 days of the end of the sale. No purchases will be released until payments are received and processed.
Card will be charged within 48hrs of auction close, so if you prefer alternate payment method you must notify auctioneer before the auction closes or immediately after the auction ends. Payment may be made in credit card or by wire transfer. Auctioneer may require that the payment of large amounts be made by wire transfer. Purchases will be shipped only after payment has cleared.
Auctioneer will charge a $2500 deposit for any winning bid on a motor vehicle purchase. This deposit is NON-REFUNDABLE, and in the event that the Bidder does not complete payment for the Lot, Bidder agrees that this deposit will be forfeited. Notwithstanding any other provisions of these terms and conditions, Bidder further agrees not to initiate a dispute or charge back for this deposit, and waives all right to dispute this charge.
30. Bidder accepts Lot ownership at the gavel fall and immediately assumes all responsibility and liability for the purchased Lot.
31. Telephone/Internet Bidders shall make payment within 48 hours following the auction event’s conclusion. Bidder is prohibited from suspending or deferring payment. Any stop payment order, either by credit card, wire transfer or other form of payment accepted on good faith by “company” and or auctioneer, on a purchased Lot upon an account with insufficient funds, shall serve as conclusive, irrefutable proof that Bidder intended to and did commit fraud at the auction.
32. “COMPANY” will endeavor to deliver auto titles within 30 days following auction event completion, contingent upon Bidder’s payment. Bidder agrees that title processing delays can occur for causes outside of Auctioneer’s control. Bidder shall make no claim for damages associated with delays in title processing. “COMPANY” is not responsible for damages incurred as a result of any delay in title processing.
33. All account balances which are unpaid seven (7) days after the Lot’s purchase date will be subject to interest charges at a rate of twelve percent (12%), with interest compounded daily and calculated retroactively to the date of purchase.
34. In the event of “CUSTOMER’S” and or Bidder’s default, including, but not exclusive to non-payment, “COMPANY” may: 1) hold Bidder liable for the Lot’s purchase price and sue for specific performance; 2) cancel the sale and retain Bidder’s payment as liquidated damages; 3) resell the Lot without reserve at a future auction or by private sale, with, or without advance notice to Bidder, with Bidder remaining liable for any deficiency in resale price, 4) purchase the Lot at the amount of Bidder’s bid; 5) take any other lawful action to protect COMPANY’S interest; or 6) charge Bidder’s credit card for any amount due “COMPANY” and/or Consignor. Bidder is liable for all costs and expenses arising from Bidder’s default, including, but not limited to freight, storage, auction entry fees, commissions, reasonable attorneys fees, court costs, and expenses.
35. Title. If YOU, are certified as the Winning Bidder on a Lot by Auctioneer, YOU will be contractually obligated to pay the Contract Price for that Lot. However, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears.
36. Delivery; Sales Tax. All Lots will be delivered to YOU at the physical location of such Lot(s) at the close of the Auction which will be either (i) at Auctioneer's location in the State of Texas, or (ii) at such other location inside or outside the State of Texas as indicated in the specific Auction listing, or (iii) as otherwise designated by Auctioneer. Auctioneer has no obligation to move or relocate any Lot(s) to YOUR location or to a location designated by YOU. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases at the point of delivery, and to arrange for shipment of YOUR property to a location designated by YOU. Auctioneer will arrange shipment of YOUR property if such option is specified in the Auction, according to listed terms and fees. YOU are responsible for all costs related to packaging, shipping, insurance and receipt of YOUR property. Auctioneer will collect shipping costs prior to shipment of any merchandise. All purchases are subject to sales tax in the State of Texas as set forth in the specific Auction listing and these Bidder Terms and Conditions. Sales tax will be collected at the point of sale as set forth in the specific Auction listing and these Bidder Terms and Conditions and will be remitted to the applicable taxing authorities in the State of Texas. The foregoing notwithstanding, if another jurisdiction or taxing authority (including, without being limited to, the jurisdiction in which YOU reside, conduct business, or maintain the Lot(s) purchased by YOU) requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible for payment of an amount equal to such tax. If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and Auctioneer will cooperate in efforts to obtain a refund of such tax and its remittance to the proper taxing authority.
37. Pick-up and Removal; Shipping; Insurance. YOU are responsible for pick-up and removal of Lot(s) purchased by YOU. Pick-up location and removal dates and times will be as posted on Auctioneer's website and in the auction and or Estate Sale listing, Business liquidation sale listing, or otherwise announced by Auctioneer. Unless otherwise agreed, YOU are solely responsible for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU. Disassembly and removal must be done in a workmanlike manner, and YOU will indemnify and hold harmless both Auctioneer and Seller(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of Auctioneer and Seller(s). Any Lot(s) shipped to YOU will be at the location at which the Lot(s) are handed over to the United States Postal Service, a common carrier, courier, or other delivery service such as FedEx, UPS, and or as indicated in the Auction listing. Possession and risk of loss will pass to you at the point of shipment. We will add insurance as a customer courtesy on all lots shipped, BUT YOU are responsible for adding additional insurance to cover a total loss or replacement value on all Lots purchased by YOU.
38. Failure to Pick-up or Arrange for the Delivery; Abandoned Property; Storage. Any Lot(s) not removed within THREE DAYS after the Auction will be deemed abandoned to Auctioneer, even if paid for, and YOU will give up all rights with respect to such Lot(s). Under all circumstances, YOU are responsible for the full Contract Price of all Lots on which YOU are the Winning Bidder.
39. All Sales Final. ALL SALES ARE FINAL. ABSOLUTELY NO REFUNDS OR RETURNS.
40. No Credit Card Charge backs. YOU agree that such YOU will not, under any circumstances, initiate a credit card charge back with respect to any purchases at the Auction. YOU further agree that if, in violation of these Terms and Conditions, a credit card charge back is initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR agreement not to initiate a credit card charge back; and YOU acknowledge and agree that on the presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse or deny any credit card charge back, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, YOU initiate a credit card charge back, even if successful, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auctioneer and/or any Seller(s) in challenging the credit card charge back and in collecting payment. YOUR agreement not to initiate a credit card charge back is a condition to YOUR Registration as a Bidder, and for the privilege of bidding at the Auction, and is being made as an inducement for Auctioneer to accept YOUR Registration and to permit YOU to bid at the Auction. Auctioneer is relying on YOUR agreement not to initiate a credit card charge back in accepting YOUR Bidder Registration and in permitting YOU to bid at the Auction.
41. Claims. Unless otherwise provided in writing, after a Lot has been picked-up or removed by YOU or on YOUR behalf, no claims or returns will be allowed and there will be no adjustments or rescissions.
42. Third-Parties and Subsequent Purchasers. “COMPANY” and or Auctioneer has no relationship with any third-parties or subsequent purchasers of Lot(s), and no third-party or subsequent purchaser may rely on any statements or descriptions made by Auctioneer, nor will Auctioneer have any liability to such persons or entities. “CUSTOMER”/ YOU agree to indemnify Auctioneer and to hold Auctioneer harmless from and against any and all claims made by third-parties or subsequent purchasers of any Lot(s) purchased by “CUSTOMER”/YOU.
43. Buyer's Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that “CUSTOMER”/YOU may be entitled to any remedies in connection with the Auction, the sole and exclusive remedy available to YOU is a return, from Seller, of (i) the Hammer Price actually paid, and (ii) an amount equal to the Buyer's Premium. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. “CUSTOMER”/YOU, further, acknowledge and agree that YOU are not entitled to specific performance or other equitable relief.
44. Seller's Remedies. If “CUSTOMER”/YOU breach any obligations under these Terms and Conditions or under a contract with a Seller, such property may be re-sold and YOU will be responsible for any and all damages, including any deficiency or reduction in the Contract Price, along with incidental damages.
45. Private Sale. “CUSTOMER”/YOU agree not to enter into a Private Sale transaction with the Seller(s) of any Lot(s) prior to or during the Auction. If YOU enter into a Private Sale transaction with the Seller(s) of any Lot(s) prior to or during the Auction, or within sixty (60) days after the Auction (for any Lot(s) not sold at the Auction), “COMPANY”/Auctioneer will be entitled to receive an amount equal to its full Commission and Buyer's Premium (calculated as a percentage of the Private Sale Price), together with reimbursable expenses; and YOU and the Seller will be jointly and severally liable to Auctioneer for the payment of such amounts.
46. Waiver. Certain provisions of these Bidder Terms and Conditions are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions (including, without being limited to, Bidder registration and qualification requirements, payment terms, removal and delivery terms, and inspection terms) do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Bidder Terms and Conditions that are intended for the benefit of Auctioneer and/or Seller.
47. Indemnification. YOU agree to indemnify “COMPANY”/Auctioneer, and to hold Auctioneer harmless, with respect to any damages claimed in connection with the Auction or purchases made at the Auction and with respect to any subsequent sale of Lots.
48. Email List; Agreement to Receive Email. “CUSTOMER”/YOU agree to be added to the email list maintained by Auctioneer. Each email Auctioneer sends will have instructions how how to unsubscribe at the bottom of the email. YOU agree not to report any email sent by or on behalf of Auctioneer as spam.
49. Governing Law; Dispute Resolution;Mediation and Arbitration alternate Dispute Resolution provisions.
These “CUSTOMER”/Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas.
If a dispute arises, the parties will agree to submit to Mediation.
If a resolution is not reached through Mediation, then, to binding arbitration. For mediation, the Mediator will be a neutral party.
“COMPANY” will choose a Texas Mediator with: 1. Credentials issued from any Texas University and or a University of Houston Mediation Credential 2. that meets or exceeds the standards of the Texas Mediation Trainers Roundtable and or meets and exceeds the training guidelines as provided for in the Alternate Dispute Resolution Procedures Act,Texas, Lib. Practice and Remedies Code, Sec. 154.052 and or meets 3. any new applicable Texas laws, statutes, codes, and or provisions or that 4. may be chosen from the The AAA National Roster of Arbitrators and Mediators at following website: https://www.adr.org/aaa-panel.
If the dispute is not settled within thirty (30) days after submission to mediation, it shall be submitted to binding arbitration with a single neutral arbitrator, chosen exclusively by the “COMPANY”. The Arbitrator will be chosen from a list from the The AAA National Roster of Arbitrators and Mediators at following website: https://www.adr.org/aaa-panel or other nationally recognized authority such as: National Arbitration and Mediation site found at: www.namadr.com.
The time allotted for arbitration proceedings will be limited to a period of sixty (60) days, commencing on the date that the matter is submitted to arbitration. The decision rendered by the arbitrator will be final and binding on all parties, and will be non-appealable. All expenses incurred in connection with mediation and/or arbitration will be shared equally among all parties.
If a dispute is submitted to civil litigation (other than mediation or arbitration), all expenses, including the reasonable attorney's fees of the prevailing party, will be fully and promptly paid by the losing party. YOU WAIVE THE RIGHT TO A JURY TRIAL.
50. “COMPANY”/Diamond Owl Estate Sales is merely performing an auction service and is not responsible for a Lot’s description in any medium, even if the representation is made in a medium owned by, maintained by, or associated with “COMPANY”.
51. All Lots offered are sold :AS IS, AND, “COMPANY”/Diamond Owl Estate Sales makes no representation and extends no warranty, express or implied, respecting any Lot’s condition, genuineness, value, and/or quality. “COMPANY”/Diamond Owl Estate Sales HAS NOT INDEPENDENTLY INSPECTED OR TESTED THE LOT AND HAS NO KNOWLEDGE OF THE LOT’S HISTORY OR CONDITION. Bidder has the duty, right, and opportunity to inspect any Lot prior to bidding, and Bidder’s participation in the auction of any lot is exclusively premised upon the Bidder’s own determinations. Winning Bidders shall accept their Lot(s) with all faults, including, but not limited to, qualitative conditions, defects and imperfections (whether structural, mechanical, cosmetic, latent, obvious, whether mentioned or unmentioned in the Lot description). “COMPANY”/Diamond Owl Estate Sales is not responsible for any defect in any Lot.
52. “CUSTOMER”/Bidder/YOU releases, waives, and discharges DIAMOND OWL ESTATE SALES LLC for any and all claims arising out of, involving, or associated with a Lot description. Bidder shall reimburse “COMPANY”/Diamond Owl Estate Sales for any costs and/or expenses (including, but not limited to, reasonable attorneys fees) that “COMPANY”/Diamond Owl Estate Sales incurs in defending any Bidder’s claim arising out of, involving, or associated with, a Lot description.
53. Mileage claims are made by the Consignor. Bidder is solely responsible for investigating and determining the accuracy of such claims.
54. All Lots are offered for individual sale by their unique Lot number, unless otherwise noted. The auctioneer will accept bids from on-site Bidders and absentee Bidders. The auctioneer has the right to place a bid for the Consignor up to the Lot’s reserve.
55. In matters where the winning bid cannot be determined with certainty, the auction process may be repeated for that Lot. The auctioneer will use reasonable judgment in evaluating Bidder’s claims of auction confusion. However, the auctioneer’s determination(s) in these circumstances is/are both final and non-appealable.
56. “COMPANY”/Diamond Owl Estate Sales is not liable for lost, stolen, or damaged Lots, and Bidder shall make no claim against “COMPANY”/Diamond Owl Estate Sales for such loss, theft, or damage, unless the loss, theft, or damage is directly caused by “COMPANY”/Diamond Owl Estate Sales actions or omissions.
57. Lots must be removed from the Estate Sale, auction,business liquidation physical location within 72 hours of the auction event’s conclusion. Diamond Owl Estate Sales may arrange for the transport and storage of unclaimed Lots at “CUSTOMER”/Bidder’s sole expense. “COMPANY”/Diamond Owl Estate Sales may designate Lots which remain unclaimed 7 days following the auction event as abandoned, but is in no way obligated to so designate.
58. By popular request, all Auction participants (IE Bidders, registrants, consignors and lot watchers) will be added to our phone Text reminder list. It is very easy to unsubscribe if you prefer to not be included.
59. USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.*
60. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or "company" has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, "company" has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
61. DESCRIPTIONS OF SERVICE: INTERNET AUCTION PLATFORM(S)
The Internet Auction Platform Service Website(s) provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
Much like eBay, certain internet merchant account providers can host a secure web page for a vendor to easily process payments, the auction platform website hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
The company, at their discretion, can approve or deny customers and or bidders. The “Company” reserves the right to accept or deny “customers” and or “bidders” for any reason.
Prior to approval the “company” may contact you to determine your credit worthiness.
If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable).
If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
62. The Internet merchant account provider products & services, facilitates the internet bidding process between the “company” & the “customer” and or “bidder”.
THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the “company” shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, email, and or USPS mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the “COMPANY”/Diamond Owl Estate Sales” directly.
You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, Value Added Tax, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.
COPYRIGHT All material, pictures, and content as provided by our services is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. Any infringement of those rights will lead to an investigation and possible legal action.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis.
LIMITATION OF LIABILITY You expressly understand and agree that “company” shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses ,resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
INDEMNITY You agree to indemnify and hold “COMPANY”/Diamond Owl Estate Sales“ harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
Listing Information
Welcome to another fine online auction brought to you by Diamond Owl Estate Sales. We strive to provide friendly A+ customer service with speedy & affordable shipping.
Local Pickup days by appointment only, subject to availability.
All Coins, Precious Metals & Currency are Guaranteed Authentic unless clearly stated as a replica.
**Cards on file with “COMPANY”/Diamond Owl Estate Sales are processed within 48hrs of auction close. Please reach out to us via email if you need to use another payment method. Have items to sell? We are now accepting your consignments for our next auction and feature competitive seller fees. Thank you! L
email: lestesandassociates@protonmail.com
By participating, registering for and/or placing a bid and or purchasing items sold on behalf of: Diamond Strategic Metals and Collectibles of Texas LLC, Diamondowl Nextlight Brands LLC, and
DIAMOND OWL ESTATE SALES in any Auctions, Estate Sales, Business Liquidations, and Collectibles Sales auction(s), you acknowledge that you have read, understand, and agree to our Terms and Policies, Shipping, Payment & Auction Policies*
We Appreciate You, the most important part of our business!
Thank You Your Business!
We strive to provide friendly A+ customer service
For Inquiries Please
Text or call 832-315-8291
email: lestesandassociates@protonmail.com