General Conditions of Sale | Mane Street Auctions

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(This document includes General Conditions of Sale for “Horse Auctions” and for “Non-Horse Auctions”)

General Conditions of Sale – Horse Auctions

Welcome
Please read these General Conditions of Sale carefully, as they will govern your use of Mane Street Auctions, LLC’s website and auction services. Those who consign and bid are bound by these General Conditions of Sale, as amended by any posted notices, which together form the contract of sale between the successful bidder (“Buyer”), Mane Street Auctions, LLC, and the consignor (“Seller”). When consigning or bidding on any horse offered by Mane Street Auctions, LLC, the Buyer and Seller indicate acceptance of the following General Conditions of Sale. Any participation in the auction binds you to agreement of these General Conditions of Sale, whether or not you read or understand said General Conditions of Sale. If you do not wish to be bound by these General Conditions of Sale, you may not use the Mane Street Auctions, LLC website or auction services. All horses are sold are subject to the following General Conditions of Sale which shall control the mutual, reciprocal duties among Mane Street Auctions, LLC, the Seller, and the Buyer.

GENERAL TERMS & CONDITIONS
Mane Street Auctions, LLC

1. PURPOSE. The purpose of these General Conditions of Sale is to: a) establish sale procedures; b) facilitate informed bidding; c) provide for orderly settlement of finances in completion of purchases; d) allocate rights, responsibilities, and risks; and e) provide for orderly dispute resolution.

2. AUCTION SITE USER AGREEMENT: Buyer and Seller agree to these General Conditions of Sale and affirm under penalties of perjury that all information furnished is true and correct. Buyer and Seller represent and agree that he/she is eighteen years of age or older or of legal age to enter into a binding contract and is competent to form a binding contract.

3. REFUSAL OF SERVICE: Mane Street Auctions, LLC reserve the right to reject any bid or refuse to issue a bidding number to anyone for any reason.

4. CREDIT CARD FOR REGISTRATION: During the process of registering to bid, Buyer will be required to provide credit card information. A $5 hold will be placed on the credit card at that time. After the bidding period ends, the $5 hold will be released.

5. BUYER’S UNDERSTANDING: By placing a bid in this auction, Buyer agrees: a) to be responsible for any purchase made or actions taken by an Agent authorized by Buyer to act on Buyer’s behalf; b) that registration to bid is not assignable without the express written approval of Mane Street Auctions, LLC; c) to make any sale transaction for this entry through Mane Street Auctions, LLC; d) that if he/she has the winning, final bid, or accepted bid in auction, Buyer has entered into a binding contract to purchase the horse.

6. BUYER’S RESPONSIBILITY: By placing a bid in this auction, Buyer is indicating he/she has examined or researched a horse to their satisfaction. Prior to Bidding, Buyer may: a) ask Seller for additional information; b) make an appointment with Seller to examine the horse at Seller’s facility; c) arrange with Seller to have a licensed veterinarian perform a pre-purchase examination; or d) hire an agent or equine professional to inspect and evaluate the horse.

7. SELLER’S REPRESENTATION OF HORSE: Seller is solely responsible for the correct, accurate and honest representation of the horse in the entry form, including the description, disclosure form, horse information, riding, and training sections of this submission, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability. Buyer should inspect, examine, and research horse to their satisfaction. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Seller and Buyer agree to hold Mane Street Auctions, LLC, its owners, employees, and representatives harmless from any claims arising out of any such inaccuracies or omissions. Seller is responsible for disclosing conditions, including but not limited to the following conditions, which must be stated in the horse listing/profile: If the entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved or has a lameness due to navicular disorder, ringbone, osteoarthritis, sidebone, kissing spine, founder prior to the sale, bone abnormality prior to sale, or neurological disorder prior to the sale, including, but not limited to, EPM or wobbles. It is mandatory that Seller disclose metabolic issues such as Cushing’s, EMS, and PSSM. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Buyer agrees to hold Mane Street Auctions, LLC harmless from any claims arising out of any such inaccuracies or omissions.

8. NO POST-PURCHASE EXAMINATION: Buyer has the right to have a licensed veterinarian perform an examination prior to bidding as stated in paragraph 7. Post-purchase examinations do not affect the outcome of an auction with the exception of Seller’s failure to disclose conditions as outlined in paragraph 8 above.

9. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by Mane Street Auctions, LLC, as to the performing soundness, merchantability, or fitness for any particular purpose of any horse offered in this sale, other than those made specifically by Seller. ALL HORSES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS. ALL RESPONSIBILITY FOR REPRESENTATIONS LIES BETWEEN THE SELLER AND THE BUYER.

10. DRUGS AND MEDICATION: Seller agrees that this entry will not be given any drugs to alter soundness or temperament during this auction, including for presentation in videos, inspection by potential buyer, examination by veterinarian or delivery to Buyer. If the entry must receive any medication as a result of an injury or illness, to protect the welfare of the entry or maintenance of any condition, this information must be stated in the description and disclosed in the online sale catalog. Buyer has the right to have a licensed veterinarian draw a blood sample prior to the end of the auction bidding period.

11. TRANSPORTATION FROM SELLER TO BUYER: Buyer is responsible for the cost and arrangements for transportation of the horse from Seller to Buyer. Immediately after the end of the auction, Buyer shall contact Seller to schedule transportation for the horse. Transportation arrangements are strictly between Buyer and Seller.

12. RELEASE OF HORSE TO BUYER: Seller shall not release a horse to a Buyer until Buyer has made full payment for the horse and funds have been verified by Mane Street Auctions, LLC. Mane Street Auctions, LLC will notify Seller when funds have been received/collected.

13. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility, and expense for the horse at the end of bidding. Seller agrees to provide basic board and care for up to 5 days at no additional charge. Beyond 5 days, Buyer will be responsible to pay for board, at a cost determined by Seller, plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up from Seller. Such arrangements must be negotiated between Buyer and Seller. Mane Street Auctions, LLC recommends Buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rests solely with Buyer.

14. BIDDING ERRORS: Buyer should make sure to review all bids before and after submitting. If Buyer mistakenly increases his/her own bid or makes a gross error, Buyer may contact the Mane Street Auctions, LLC office by email with a written request to reverse the bid and the reasons for the request. Please be advised that Mane Street Auctions, LLC may not be able to reverse a Buyer’s bid in which case Buyer will remain the high bidder.

15. PAYMENT BY BUYER: Once bidding is closed, a five hundred dollar ($500) deposit will be charged to Buyer’s credit card on file. The deposit may be applied to the purchase price or Buyer may elect to make payment using a different method. Should Buyer choose a different payment method other than credit card, the deposit will be refunded. An invoice will be emailed to Buyer after bidding closes. Payment in full must be made/received within 48 hours after the sale is closed. Payment must be made to Mane Street Auctions, LLC for all sales. ALL SALES ARE FINAL. Payment may be made in the form of MasterCard, Visa, or American Express credit cards, or bank wire transfer. A 3% (three percent) processing fee will be added to credit card charges. If the Buyer fails to complete payment within 48 hours after bidding has closed, the $500 will not be refunded. See also paragraph 16 below.

In no case may any part of the purchase price be paid directly to the Seller by the Buyer, as such payment shall not be valid or entitle the Buyer to obtain the horse.

16. DEFAULT ON PURCHASE: If Buyer fails to pay for the horse in accordance with the terms of Paragraph 15 above, Mane Street Auctions, LLC or Seller shall have the right to re-sell the horse or bring legal action, in which event Buyer agrees to pay all cost of such suit together with reasonable attorney’s fees as awarded by the court. In the event of re-sale, the defaulting Buyer agrees to pay all costs of re-sale and price deficiency, if any. Buyer further agrees to pay any deficiency in the commission and buyer’s premium, if any. Interest of 1-1/2% per month will be charged on the unpaid balance.

17. PRIVATE SALES: Once a Seller lists a horse with Mane Street Auctions, LLC, private sales before or five (5) days after the auction are prohibited. Seller and Buyer understand and agree that all private sales outside the auction will be subject to commissions as follows: (a) If Seller sells an entry prior to the opening of bidding for this auction and fails to make the sale transaction through Mane Street Auctions, LLC, Seller agrees to pay Mane Street Auctions, LLC a commission of 10% (ten percent) of the actual selling price. (b) If Seller withdraws an entry after listing a horse with Mane Street Auctions, LLC and sells to a customer who is a registered bidder, has a login account, or a customer who is generated by Mane Street Auctions, LLC, Seller agrees to pay Mane Street Auctions, LLC a commission of 10% (ten percent) of the actual selling price. Mane Street Auctions, LLC and Seller agree that a Buyer is deemed to be generated by Mane Street Auctions if the Buyer was a registered bidder and viewed the horse on the Mane Street Auctions platform. (c) If Seller does not sell an entry in the auction, but later (within five (5) days) sells to a customer generated by Mane Street Auctions, LLC, Seller agrees to pay Mane Street Auctions, LLC a commission of 10% (ten percent) of the actual selling price. In the event that Seller does not pay commission as outlined above, Seller will not be allowed to participate in future Mane Street Auction auctions.

18. REGISTRATION PAPERS: Registration papers must be mailed with tracking to Buyer within 14 days of purchase.

19. COGGINS REPORT: Seller must provide a copy of a Negative Coggins Report, with markings or photos, drawn within 6 (six) months prior to the end of the auction.

20. HEALTH CERTIFICATES: Buyer is responsible for obtaining any Interstate Health Certificate and/or any papers that may be necessary for transportation of the horse.

21. BROODMARES: All mares selling as bred, must be checked for pregnancy by a licensed veterinarian within ten (10) days prior to listing for a sale and a statement of results of this examination must be provided to Mane Street Auctions, LLC. If a mare is known to be carrying twins, it must be disclosed. Any Buyer of a broodmare may have the mare examined by a licensed veterinarian before the horse leaves Seller’s facility. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sale catalog, may be returned to the Seller as unsold, and Seller shall pay veterinarian’s fee for examination. If the broodmare’s pregnancy status is found to be as represented in the online sale catalog, Buyer shall pay the veterinarian’s fee for this examination. Any Seller offering mares as being bred with a live foal guarantee or return privileges must furnish Mane Street Auctions, LLC, or Buyer, with written acknowledgement of this agreement signed by the stallion owner (or an authorized agent) that such privileges will be honored. If the breeder’s certificate is withheld by the stallion owner until the foal is born, Seller must furnish a letter, signed by the stallion owner (or an authorized agent), that such certificate is free of any additional costs and indicate how the mare owner will obtain the certificate.

22. NO GUARANTEE OF SERVICE: Mane Street Auctions, LLC, does not guarantee or covenant that the auction technology, the manestreetauctions.com site or any related services will meet Buyer’s or Seller’s requirements or be uninterrupted or error-free. Mane Street Auctions, LLC does not guarantee real-time performance of any service or that it will execute all online or absentee bids.

23. PROHIBITED CONDUCT: Mane Street Auctions, LLC, at its sole discretion, may ban from further use, any Buyer or Seller who Mane Street Auctions, LLC believes to have in any way misrepresented itself or any horse, failed to abide by the General Conditions of Sale, or engaged in any improper auction conduct as determined solely by Mane Street Auctions, LLC. Any Seller who misrepresents their horse(s) and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

24. WITHHOLDING FUNDS: Buyer agrees that Mane Street Auctions, LLC shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any entry which is the subject of a dispute or claim by the Buyer, for misrepresentation, fraud, or breach of warranty, until such dispute or claim is resolved, and the proceeds of the sale have been received by Mane Street Auctions, LLC. The responsibility to resolve such a dispute or claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, Mane Street Auctions, LLC may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, as well as any titles or registration papers, pending a resolution of the dispute. Any and all legal fees and costs incurred by Mane Street Auctions, LLC may be deducted by Mane Street Auctions, LLC from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.

25. REFUNDS: In the event that a refund or partial refund is made to Buyer for the purchase price of an entry, the refund shall be made in the same manner that payment was made.

26. APPLICABLE LAW: These General Conditions of Sale shall be governed by the laws of the State of Georgia.

27. BINDING ARBITRATION: BY VIRTUE OF THE FOLLOWING ARBITRATION PROVISIONS, ALL SELLERS, AND BUYERS, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING FROM OR CONNECTED WITH THE PURCHASE OR SALE OF A HORSE AND THE USE OF MANE STREET AUCTIONS, LLC’S WEBSITE AND AUCTION SERVICES.

A. Claims involving Buyer and Seller: Any dispute or controversy between Buyer and Seller that cannot be resolved informally by agreement, shall be settled finally, completely and conclusively by binding arbitration, by an arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. The arbitration shall take place in Fulton County, Georgia, unless mutually agreed otherwise. A decision of the arbitrator shall be final, conclusive, and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings, and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed, or communicated to any person except as required by law or as necessary to enforce rights thereunder. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. In the arbitrator’s discretion, the prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party. Should Buyer prevail in the arbitration of a dispute and thereafter wish to return the horse and receive a refund, all fees associated with the sale become immediately due and payable to Mane Street Auctions, LLC from Seller. If Buyer gives notice of a dispute hereunder or refuses to pay for a horse because of a claim of misrepresentation, fraud or failure to disclose any of the specified conditions set forth in Paragraph 8 above, Mane Street Auctions, LLC, in its sole discretion, may elect not to pay Seller the net proceeds of the sale of the horse(s) in question until the claim has been finally resolved and the proceeds of the sale have been received by Mane Street Auctions, LLC. Should a party fail or refuse to cooperate upon a demand for arbitration, the non-cooperative party shall be declared the defaulting party by the arbitrator.

B. Claims Involving Mane Street Auctions, LLC: If a dispute should arise between Seller and Mane Street Auctions, LLC or Buyer, all claims, disputes, controversies, differences or other matters in question arising out of Mane Street Auctions, LLC relationship to any party in the matters stated in these General Conditions of Sale and all other matters in which Mane Street Auctions, LLC has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Fulton County, Georgia, by a single arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Mane Street Auctions, LLC reserves its right to seek all legal and equitable remedies, including but not limited to civil or criminal judicial relief, in order to enforce or foreclose its security interest, to recover horses sold and not paid for in full and/or collect payment for horses. Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. A decision of the arbitrator shall be final, conclusive and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person except as required by law or as necessary to enforce rights thereunder. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party.

28. INDEMNITY: In the event Seller misrepresents or fails to disclose any fault, defect or condition of a horse sold or offered for sale, or in the event any of Seller’s representations or warranties are incomplete or inaccurate in any way, Seller shall INDEMNIFY AND HOLD HARMLESS Mane Street Auctions, LLC from any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, incurred by Mane Street Auctions, LLC as a result of Seller’s misrepresentation(s) and/or failure(s) to disclose.

29. LIMITS OF LIABILITY: Mane Street Auctions, LLC shall not be liable for lost profits or any incidental, special or consequential damages whatsoever arising out of or in connection with any sale or transaction. The total liability of Mane Street Auctions, LLC for all claims, damages, or losses resulting from Buyer’s or Seller’s use of Mane Street Auctions, LLC’s website or auction services, shall not exceed the amount of funds held by Mane Street Auctions, LLC for the sale of a horse. Mane Street Auctions, LLC reserves the right to reject or void bids, whether winning or not, that Mane Street Auctions, LLC deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Mane Street Auctions, LLC is the one and only judge regarding the determination of winning bidders, is the single deciding authority if a dispute should arise, and accepts no liability for any errors or omissions. Mane Street Auctions, LLC reserves the right to reopen bidding on any disputed bids or ties. Mane Street Auctions, LLC reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate. Mane Street Auctions, LLC will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.

30. PUBLICATION OF SALE RESULTS: Buyer and Seller agree that Mane Street Auctions, LLC may publish sale results.

31. ADDITIONAL GENERAL CONDITIONS OF SALE: The General Conditions of Sale for the use of manestreetauctions.com and Mane Street Auctions, LLC Conditions of Sale for Buyers and Sellers as stated on the auction website, are hereby incorporated by reference and made part hereof as though fully set forth herein.

32. INTERFERENCE: Buyer and Seller agree not to use any device, software or routine to interfere with or attempt to interfere with the functioning of or any transaction being conducted on and during the online auction sale. Buyer and Seller acknowledge that this auction is conducted electronically and Mane Street Auctions, LLC, Seller and Buyer rely on hardware and software that may malfunction without warning.

33. NO AGENCY: Buyer, Seller and Mane Street Auctions, LLC are all independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these General Conditions of Sale.

34. PRIVACY POLICY: By registering as a bidder or a seller for this auction, Buyer and Seller agree to the use of Buyer’s and Seller’s information by Mane Street Auctions, LLC. Buyer’s and Seller’s information will be used by Mane Street Auctions, LLC to contact Buyer and Seller and for record keeping. Mane Street Auctions, LLC will not sell or give Buyer’s or Seller’s information to any entity, except for a sponsor or company that provides special services to Buyer or Seller. Buyer and Seller grant permission for Mane Street Auctions, LLC to share contact information with it’s sponsors. In the future, Mane Street Auctions, LLC may use email lists to contact Buyers and Sellers. Mane Street Auctions, LLC may do custom email promotions for customers, advertisers or organizations. If Buyer or Seller wishes to discontinue receiving these emails, please contact our office.

35. SEVERABILITY: If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.

General Conditions of Sale – Non-Horse Auctions

Welcome
Please read these General Conditions of Sale carefully, as they will govern your use of Mane Street Auctions, LLC’s website and auction services. Those who consign and bid are bound by these General Conditions of Sale, as amended by any posted notices, which together form the contract of sale between the successful bidder (“Buyer”), Mane Street Auctions, LLC, and the consignor (“Seller”). When consigning or bidding on any item offered by Mane Street Auctions, LLC, the Buyer and Seller indicate acceptance of the following General Conditions of Sale. Any participation in the auction binds you to agreement of these General Conditions of Sale, whether or not you read or understand said General Conditions of Sale. If you do not wish to be bound by these General Conditions of Sale, you may not use the Mane Street Auctions, LLC website or auction services. All items are sold are subject to the following General Conditions of Sale which shall control the mutual, reciprocal duties among Mane Street Auctions, LLC, the Seller, and the Buyer.

GENERAL TERMS & CONDITIONS
Mane Street Auctions, LLC

3. REFUSAL OF SERVICE: Mane Street Auctions, LLC reserve the right to reject any bid or refuse to issue a bidding number to anyone for any reason.

6. BUYER’S RESPONSIBILITY: By placing a bid in this auction, Buyer is indicating he/she has examined or researched an item to their satisfaction. Prior to Bidding, Buyer may: a) ask Seller for additional information and b) make an appointment with Seller to examine the item at Seller’s facility.

7. SELLER’S REPRESENTATION OF ITEM: Seller is solely responsible for the correct, accurate and honest representation of the item in the entry form, including the description, disclosure form, item information, riding, and training sections of this submission, as well as in communication with potential or eventual buyers. Buyer should inspect, examine, and research item to their satisfaction. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Seller and Buyer agree to hold Mane Street Auctions, LLC, its owners, employees, and representatives harmless from any claims arising out of any such inaccuracies or omissions. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Buyer agrees to hold Mane Street Auctions, LLC harmless from any claims arising out of any such inaccuracies or omissions.

8. NO POST-PURCHASE EXAMINATION: Buyer has the right to examine an item prior to bidding as stated in paragraph 7.

9. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by Mane Street Auctions, LLC, as to the merchantability or condition of any item offered in this sale, other than those made specifically by Seller. ALL ITEMS ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS. ALL RESPONSIBILITY FOR REPRESENTATIONS LIES BETWEEN THE SELLER AND THE BUYER.

10. DELIVERY OF ITEM FROM SELLER TO BUYER: Buyer is responsible for the cost and arrangements for shipment of the item from Seller to Buyer. Immediately after the end of the auction, Buyer shall contact Seller to arrange shipping for the item. Shipping arrangements are strictly between Buyer and Seller.

11. RELEASE OF ITEM TO BUYER: Seller shall not release an item to a Buyer until Buyer has made full payment for the item and funds have been verified by Mane Street Auctions, LLC. Mane Street Auctions, LLC will notify Seller when funds have been received/collected.

12. RISK AND RESPONSIBILITY FOR ITEM: Buyer assumes all risk, responsibility, and expense for the item at the end of bidding. Seller agrees to provide basic board and care for up to 5 days at no additional charge. Beyond 5 days, Buyer will be responsible to pay for board, at a cost determined by Seller, plus any other expenses that may be required to maintain the item until Buyer takes possession or has the item picked up from Seller. Such arrangements must be negotiated between Buyer and Seller. Mane Street Auctions, LLC recommends Buyer obtain insurance on items immediately after purchase, however, this decision and risk rests solely with Buyer.

13. BIDDING ERRORS: Buyer should make sure to review all bids before and after submitting. If Buyer mistakenly increases his/her own bid or makes a gross error, Buyer may contact the Mane Street Auctions, LLC office by email with a written request to reverse the bid and the reasons for the request. Please be advised that Mane Street Auctions, LLC may not be able to reverse a Buyer’s bid in which case Buyer will remain the high bidder.

14. PAYMENT BY BUYER: Once bidding is closed, a five hundred dollar ($500) deposit will be charged to Buyer’s credit card on file. The deposit may be applied to the purchase price or Buyer may elect to make payment using a different method. Should Buyer choose a different payment method other than credit card, the deposit will be refunded. An invoice will be emailed to Buyer after bidding closes. Payment in full must be made/received within 48 hours after the sale is closed. Payment must be made to Mane Street Auctions, LLC for all sales. ALL SALES ARE FINAL. Payment may be made in the form of MasterCard, Visa, or American Express credit cards, or bank wire transfer. A 3% (three percent) processing fee will be added to credit card charges. If the Buyer fails to complete payment within 48 hours after bidding has closed, the $500 will not be refunded. See also paragraph 16 below.

In no case may any part of the purchase price be paid directly to the Seller by the Buyer, as such payment shall not be valid or entitle the Buyer to obtain the item.

15. DEFAULT ON PURCHASE: If Buyer fails to pay for the item in accordance with the terms of Paragraph 15 above, Mane Street Auctions, LLC or Seller shall have the right to re-sell the item or bring legal action, in which event Buyer agrees to pay all cost of such suit together with reasonable attorney’s fees as awarded by the court. In the event of re-sale, the defaulting Buyer agrees to pay all costs of re-sale and price deficiency, if any. Buyer further agrees to pay any deficiency in the commission and buyer’s premium, if any. Interest of 1-1/2% per month will be charged on the unpaid balance.

16. PRIVATE SALES: Once a Seller lists an item with Mane Street Auctions, LLC, private sales before or five (5) days after the auction are prohibited. Seller and Buyer understand and agree that all private sales outside the auction will be subject to commissions as follows: (a) If Seller sells an entry prior to the opening of bidding for this auction and fails to make the sale transaction through Mane Street Auctions, LLC, Seller agrees to pay Mane Street Auctions, LLC a commission of 10% (ten percent) of the actual selling price. (b) If Seller withdraws an entry after listing an item with Mane Street Auctions, LLC and sells to a customer who is a registered bidder, has a login account, or a customer who is generated by Mane Street Auctions, LLC, Seller agrees to pay Mane Street Auctions, LLC a commission of 10% (ten percent) of the actual selling price. Mane Street Auctions, LLC and Seller agree that a Buyer is deemed to be generated by Mane Street Auctions if the Buyer was a registered bidder and viewed the item on the Mane Street Auctions platform. (c) If Seller does not sell an entry in the auction, but later (within five (5) days) sells to a customer generated by Mane Street Auctions, LLC, Seller agrees to pay Mane Street Auctions, LLC a commission of 10% (ten percent) of the actual selling price. In the event that Seller does not pay commission as outlined above, Seller will not be allowed to participate in future Mane Street Auction auctions.

17. NO GUARANTEE OF SERVICE: Mane Street Auctions, LLC, does not guarantee or covenant that the auction technology, the manestreetauctions.com site or any related services will meet Buyer’s or Seller’s requirements or be uninterrupted or error-free. Mane Street Auctions, LLC does not guarantee real-time performance of any service or that it will execute all online or absentee bids.

18. PROHIBITED CONDUCT: Mane Street Auctions, LLC, at its sole discretion, may ban from further use, any Buyer or Seller who Mane Street Auctions, LLC believes to have in any way misrepresented itself or any item, failed to abide by the General Conditions of Sale, or engaged in any improper auction conduct as determined solely by Mane Street Auctions, LLC. Any Seller who misrepresents their item(s) and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

19. WITHHOLDING FUNDS: Buyer agrees that Mane Street Auctions, LLC shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any entry which is the subject of a dispute or claim by the Buyer, for misrepresentation, fraud, or breach of warranty, until such dispute or claim is resolved, and the proceeds of the sale have been received by Mane Street Auctions, LLC. The responsibility to resolve such a dispute or claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, Mane Street Auctions, LLC may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, as well as any titles or registration papers, pending a resolution of the dispute. Any and all legal fees and costs incurred by Mane Street Auctions, LLC may be deducted by Mane Street Auctions, LLC from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.

20. REFUNDS: In the event that a refund or partial refund is made to Buyer for the purchase price of an entry, the refund shall be made in the same manner that payment was made.

21. APPLICABLE LAW: These General Conditions of Sale shall be governed by the laws of the State of Georgia.

22. BINDING ARBITRATION: BY VIRTUE OF THE FOLLOWING ARBITRATION PROVISIONS, ALL SELLERS, AND BUYERS, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING FROM OR CONNECTED WITH THE PURCHASE OR SALE OF AN ITEM AND THE USE OF MANE STREET AUCTIONS, LLC’S WEBSITE AND AUCTION SERVICES.

A. Claims involving Buyer and Seller: Any dispute or controversy between Buyer and Seller that cannot be resolved informally by agreement, shall be settled finally, completely and conclusively by binding arbitration, by an arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. The arbitration shall take place in Fulton County, Georgia, unless mutually agreed otherwise. A decision of the arbitrator shall be final, conclusive, and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings, and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed, or communicated to any person except as required by law or as necessary to enforce rights thereunder. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. In the arbitrator’s discretion, the prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party. Should Buyer prevail in the arbitration of a dispute and thereafter wish to return the item and receive a refund, all fees associated with the sale become immediately due and payable to Mane Street Auctions, LLC from Seller. If Buyer gives notice of a dispute hereunder or refuses to pay for an item because of a claim of misrepresentation, fraud or failure to disclose any of the specified conditions set forth in Paragraph 8 above, Mane Street Auctions, LLC, in its sole discretion, may elect not to pay Seller the net proceeds of the sale of the item(s) in question until the claim has been finally resolved and the proceeds of the sale have been received by Mane Street Auctions, LLC. Should a party fail or refuse to cooperate upon a demand for arbitration, the non-cooperative party shall be declared the defaulting party by the arbitrator.

B. Claims Involving Mane Street Auctions, LLC: If a dispute should arise between Seller and Mane Street Auctions, LLC or Buyer, all claims, disputes, controversies, differences or other matters in question arising out of Mane Street Auctions, LLC relationship to any party in the matters stated in these General Conditions of Sale and all other matters in which Mane Street Auctions, LLC has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Fulton County, Georgia, by a single arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Mane Street Auctions, LLC reserves its right to seek all legal and equitable remedies, including but not limited to civil or criminal judicial relief, in order to enforce or foreclose its security interest, to recover items sold and not paid for in full and/or collect payment for items. Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. A decision of the arbitrator shall be final, conclusive and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person except as required by law or as necessary to enforce rights thereunder. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party.

23. INDEMNITY: In the event Seller misrepresents or fails to disclose any fault, defect or condition of an item sold or offered for sale, or in the event any of Seller’s representations or warranties are incomplete or inaccurate in any way, Seller shall INDEMNIFY AND HOLD HARMLESS Mane Street Auctions, LLC from any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, incurred by Mane Street Auctions, LLC as a result of Seller’s misrepresentation(s) and/or failure(s) to disclose.

24. LIMITS OF LIABILITY: Mane Street Auctions, LLC shall not be liable for lost profits or any incidental, special or consequential damages whatsoever arising out of or in connection with any sale or transaction. The total liability of Mane Street Auctions, LLC for all claims, damages, or losses resulting from Buyer’s or Seller’s use of Mane Street Auctions, LLC’s website or auction services, shall not exceed the amount of funds held by Mane Street Auctions, LLC for the sale of an item. Mane Street Auctions, LLC reserves the right to reject or void bids, whether winning or not, that Mane Street Auctions, LLC deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Mane Street Auctions, LLC is the one and only judge regarding the determination of winning bidders, is the single deciding authority if a dispute should arise, and accepts no liability for any errors or omissions. Mane Street Auctions, LLC reserves the right to reopen bidding on any disputed bids or ties. Mane Street Auctions, LLC reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate. Mane Street Auctions, LLC will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.

25. PUBLICATION OF SALE RESULTS: Buyer and Seller agree that Mane Street Auctions, LLC may publish sale results.

26. ADDITIONAL GENERAL CONDITIONS OF SALE: The General Conditions of Sale for the use of manestreetauctions.com and Mane Street Auctions, LLC Conditions of Sale for Buyers and Sellers as stated on the auction website, are hereby incorporated by reference and made part hereof as though fully set forth herein.

27. INTERFERENCE: Buyer and Seller agree not to use any device, software or routine to interfere with or attempt to interfere with the functioning of or any transaction being conducted on and during the online auction sale. Buyer and Seller acknowledge that this auction is conducted electronically and Mane Street Auctions, LLC, Seller and Buyer rely on hardware and software that may malfunction without warning.

28. NO AGENCY: Buyer, Seller and Mane Street Auctions, LLC are all independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these General Conditions of Sale.

29. PRIVACY POLICY: By registering as a bidder or a seller for this auction, Buyer and Seller agree to the use of Buyer’s and Seller’s information by Mane Street Auctions, LLC. Buyer’s and Seller’s information will be used by Mane Street Auctions, LLC to contact Buyer and Seller and for record keeping. Mane Street Auctions, LLC will not sell or give Buyer’s or Seller’s information to any entity, except for a sponsor or company that provides special services to Buyer or Seller. Buyer and Seller grant permission for Mane Street Auctions, LLC to share contact information with it’s sponsors. In the future, Mane Street Auctions, LLC may use email lists to contact Buyers and Sellers. Mane Street Auctions, LLC may do custom email promotions for customers, advertisers or organizations. If Buyer or Seller wishes to discontinue receiving these emails, please contact our office.

30. SEVERABILITY: If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.

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