TERMS & CONDITIONS
Ernie Harmon Collection
Online Auction Terms & Conditions
Please Read Carefully Prior to Bidding & Buying Online at batorclassicauctions.com. The following policies apply to the purchase of items in any batorclassicauctions.com online auctions.
This Is A Timed Auction:
You bid for items up for auction over a pre-determined period. The high bidder at the end of the auction wins the item.
How Timed Auctions Work:
Buyers place bids during the time of the auction. The highest bid at the specified closing date and time wins the item. Each time a bid is placed within the final 2 minutes of a timed auction, the system will automatically extend the bidding timeframe ONCE ONLY by an additional 2 minutes. Bator Classic Auctions reserves the right to end the auction at any time during extended bidding.
Some lots are being sold with a reserve (a price below which the Lot will not be sold). These lots will be marked as RESERVE in the description of the auction. Any bid submitted below the reserve price will not result in the purchase of the Lot. The reserve price may not be disclosed. Bator Classic Auctions may, at their discretion, decrease or remove a reserve at any time. Bator Classic Auctions maintains the right to withdraw any item before and/or during the sale of such.
A buyer’s premium is a fee charged over and above the winning bid price. There is a 10% or minimum $5 buyer’s premium (whichever is greater) on all lots.
If for any reason your invoice does not include this premium, it will be billed separately and is payable prior to the release of your item(s) for shipping or pickup.
You must be a registered user to bid on items. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, and you are agreeing to whatever buyer’s premium applies to that item and any California sales tax that may apply. All packing and shipping charges are the sole responsibility of the buyer and are totally separate from your auction transaction. If you are outbid, or your bid does not meet the reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract to buy the item and to deliver payment within the time period specified (48 hours from auction closing). If you cannot pay, please do not bid. Your bids are final and non-retractable. We will not accept e-mail bids. PLEASE BE AWARE BIDDING ON THIS SITE DOES NOT FUNCTION THE SAME AS EBAY. When you enter a bid amount it goes live on the spot. YOU ARE ENTERING THE AMOUNT YOU ARE GOING TO PAY IF YOU ARE THE HIGH BIDDER AT THE COMPLETION OF THAT ITEM’S AUCTION.
This is an absolute sale auction. There are no returns expressed or applied. You bid on it, you pay for it, you own it and you ship it! NO EXCEPTIONS!
Unlike EBAY, bidding intervals are set with minimums but no maximums. In other words, if an item is sitting at $50 and you want to bid that item to $1000, once you hit the “PLACE BID” tab, the amount showing on the auction will be $1000, not $55. BE SURE TO ONLY BID WHAT YOU ARE WILLING TO PAY FOR AN ITEM!
Bator Classic Auctions will predetermine the number of Item(s) in an auction and will set the starting bid and bidding increment on each item. The Starting Bid is designed to encourage bidding. If an item is incorrectly described online, Bator Classic Auctions reserves the right to rectify such an error and e-mail all active bidders the correct description.
ATTENTION: BIDDING ON THIS SITE DOES NOT FUNCTION THE SAME AS EBAY. When you enter a bid amount it goes live on the spot. BE AWARE YOU ARE ENTERING THE AMOUNT YOU ARE GOING TO PAY IF YOU ARE THE HIGH BIDDER AT THE COMPLETION OF THAT ITEM’S AUCTION.
All persons who wish to bid in the auction or want to purchase must register by creating an online account. To register, the Bidder must provide all of the registration information requested. By registering to bid, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older and have a valid driver’s license. Bator Classic Auctions reserves the right to refuse to register or admit any person at its sole discretion. Invoices and correspondence relating to purchases will be sent in accordance with the information on the bidder’s registration. Please note that your information will be verified, and if the registration is not complete (name, address, email, phone number) your account will be disabled and you will be unable to bid on any items until the necessary information is provided to verify the account.
Resale Certificates and Farm Partial Exemption Certificates:
Bidders with either Resale Certificates or Farm Partial Exemption Certificates must email us a copy before the start of the auction. If you don’t have a scanner, just take a photo of your certificate on your phone and email it from there to email@example.com. Note: Farmers with a Farm Partial Exemption Certificate for farm equipment will also need to complete a Form 230-D that will be provided for you from the auction office, so please email us to get the form sent to you.
No invoicing will be done until the entire auction ends on July 15th. Please wait to pay until you receive your auction invoice. Payment in full must be made by the Buyer in the form of cash, Paypal, major credit card, or bank wire transfer prior to the release of any item(s) purchased. If you are paying with a credit card or PayPal, you will incur a service charge of 3%. This is to cover what we are charged to process your payment. Bator Classic Auctions reserves the right to refuse any credit card payments. Buyer shall pay the purchase price plus applicable buyer’s premium, applicable sales tax, and credit card/Paypal service fees. If any Bidder/Buyer does not pay Bator Classic Auctions for any Item(s) within forty-eight (48) hours after the end of the Auction, Bator Classic Auctions has the right to offer the item(s) to the 2nd highest bidder for payment. If the Auction does not have a 2nd highest bidder, the item may be relisted for sale. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges. Upon making payment for a lot(s), any NSF or stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
CA Sales Tax:
California sales tax will be charged on all items not commercially transported or shipped out of California. The rate will be 7 1/4% and the total to be taxed is the hammer price plus the buyer’s premium. If you purchase a race motorcycle without a title, you will be charged 7 1/4% tax. If you intend to title the bike, be sure to let us know so we can give you a DMV Form 106 which is clearance for taxes paid. You will fill out this form and send it in to the DMV and they will, in turn, send you back a Form 111 that you will take to the DMV with you to prove you have already paid the tax on the vehicle. If you purchase a motorcycle or car that has a title, you will not be charged sales tax at the time of the purchase but will pay it when you register the vehicle in your name at the DMV.
All shipping and transport of ERNIE HARMON COLLECTION items shall be handled by the buyer and paid separately from Bator Classic Auctions. See our shipping page for more information and the UPS Stores contact info. If you need to have your items shipped to you, Bator Classic Auctions has arranged for “The UPS Store” in Norco, CA, to pick up your items for packing and shipping. They have graciously offered to give everything that goes through their hands from the auction a 5% discount for their services. They can handle small to large items, as well as crating, so if you have questions, give them a call direct to make all of your shipping arrangements. We also have other shippers listed on the website for machinery removal as well as transporters for the vehicles. Of course, you are also welcome to use anyone you choose for your shipping needs. Please note that we will assist in the hand-off of the sold items to your designated shipper once payment has been made. It is up to YOU to make shipping arrangements directly with the shipper of your choice. No items will be released until proof of payment is received in full. NOTE! For heavy or large items, it is up to you to make arrangements with your transporters to bring whatever is necessary to load your purchases. We will not have pallets or a forklift on site! We do not offer FOB services. If you need to transport a motorcycle, car, or other large items, you can contact Glenn Bator for assistance and referrals.
As the last day for all of the auctions to conclude is July 13, we will allow up to one week from that date for everything to be removed from the premises. Any unclaimed item that is not picked up after July 20, 2021, will be placed in storage with fees applied unless previous arrangements have been made with us in advance.
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. If you have any questions, please contact Bator Classic Auctions immediately.
Disputes Between Bidders:
In case of any dispute between bidders, Bator Classic Auctions, at its sole and complete discretion, may reopen the bidding pursuant to specific terms determined by Bator Classic Auctions between the two highest bidders only, until the property is sold. If a dispute arises after the sale of any lot, Bator Classic Auction’s records shall be deemed conclusive in all respects.
Buyers acknowledge that Bator Classic Auctions does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that Bator Classic Auctions may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, Bator Classic Auctions shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Bator Classic Auctions.
The website is administered by Bator Classic Auctions from its offices in the United States of America. Bator Classic Auctions will accept bids from other countries as long as the Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws.
Bator Classic Auctions reserves the right to deny any person for any reason permission or access to bid online. Winning bidders will be notified via email at the close of each individual auction. Bator Classic Auctions disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not executed or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Bator Classic Auctions is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. Bator Classic Auctions reserves the right to request a deposit at any time for what Bator Classic Auctions considers excess bidding to continue to bid in a specified auction.
If for any reason your invoice does not include the Buyer’s Premium, it will be billed separately and is payable prior to the release of your item(s) for shipping or pickup.
Time of each Auction:
Each auction starts and will close on the dates specified on the auction items detail page. However, Bator Classic Auctions utilizes a soft-close feature that may extend the duration of any single auction item. The auction has ended when Bator Classic Auctions’ website indicates the auction is closed.
Acceptance of Terms:
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid. Each lot is described to the best of Bator Classic Auctions’ knowledge of that item. All lots are being sold in “as-is, where-is” condition. It is the responsibility of each bidder to know what they are bidding on. Bator Classic Auctions is not to be held responsible for incorrect information. Items are sold as described, and items will not be refunded due to differing opinions of other companies, people, industry people, Authenticators, and/or Authentication opinions.
Breach of Contract:
If this Agreement or any terms and conditions presented by Bator Classic Auctions are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Bator Classic Auctions may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. Bator Classic Auctions’ commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
Limitation of Liability:
IN NO EVENT SHALL BATOR CLASSIC AUCTIONS BE LIABLE TO THE BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. BATOR CLASSIC AUCTIONS’ LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO BATOR CLASSIC AUCTIONS, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal, or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the
parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of California, Ventura County, and will in all respects be interpreted, enforced, and governed
under the internal laws (and not the conflicts of laws) of the State of California. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the
parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Ventura County, State of California, or the United States District Court, located in the State of California.
******Registering to Bid in any Bator Classic Auction indicates your full acknowledgment and acceptance of these Terms and Conditions. This is an absolute sale auction. There are no returns expressed or implied. You bid on it, you pay for it, you own it and you ship it! NO EXCEPTIONS!