AUCTION RULES and TERMS & CONDITIONS
Please note: Our Auction Rules and Terms & Conditions have been amended since our last Auction. If you have been redirected to this page upon attempting to bid in the current auction, you are being asked to re-review and re-accept our Auction Rules and Terms & Conditions before bidding by reading through our Auction Rules and Terms & Conditions and then clicking on "Accept" at the bottom of this page.
AUCTION RULES:
This auction is being conducted by Gotta Have Rock and Roll.com LLC (“GHRR”).
SPECIAL RULES FOR THE ROCK & ROLL POP CULTURE AUCTION – March 19 – April 12, 2024: This three-week auction will have two sessions. Session 1 will include lots 1- 250 and is scheduled to close on Friday April 12, 2024 at 9:15pm (EDT), with the 15 minute rule starting at 9:00pm (EDT). After Session 1 closes (there are no more bids within the 15 minute rule), those lots will disappear from the auction and you will then only see Lots 250 and on, which is "Session 2". Session 2 is scheduled to end on Saturday, April 13 - all lots after lot 250 will still be live for that extra day, and they are scheduled to close at 9:15pm (EDT) (with the music auction 15 minute rule applying). Ater Session 2 has ended, the entire auction, Sessions 1 and 2 will reappear on screen. Please email us at info@gottahaverockandroll.com or call us at 212-750-790 or 800-950-1202 if you have any questions!
How the Auction Closes
When the curent auction is scheduled to close (see above) our system activates a 15 minute countdown clock. Each bid received after the scheduled close of the auction will extend the entire auction, including each and every lot, by 15 minutes from the time that bid is placed (see "Overtime Bidding" below). Each time a bid is placed during this period the clock turns back 15 minutes on each and every lot. A bid placed on any lot affects ALL the lots in the auction and keeps them all open until we receive no new bids on any lot in the auction for a period of 15 minutes. When there are no bids received on any lot for a full fifteen minutes, then the entire auction (all lots) will close automatically and no bids will be accepted after that time. This ensures that everyone will have the time and opportunity to rebid on any items on which he or she has been outbid without the fear of bid snipers. We anticipate that overtime bidding will run for several hours after the clock begins but cannot guarantee a definite end time for the auction. If overtime (extended) bidding lasts over 24 hours from the scheduled time of closure, Gotta Have Rock and Roll reserves the right to end the auction at a time of our discretion and bidders will receive an email notification.
How to bid: Registration
You may browse the auction without registering; however, in order to bid you must first register. You can register at gottahaverockandroll.com, or contact us via telephone toll-free at 800-950-1202 or at 212-750-7900. A credit card is required for registration but will not be automatically charged if you are the successful bidder. Your credit card number is encrypted for your security. For information on our Privacy Policy please go to gottahaverockandroll.com and click on “Privacy Policy” at the bottom of the homepage.
GHRR reserves the right to review and to change the “User Name” of any person registering to participate in any auction at any time and for any reason upon email notice to such person.
How to bid: the Lot Page
When you are on the page for the lot you are bidding on you can place a straight bid or max bid on that page using the drop down menu of increment choices available for each. If there are additional images other than the main image there will be thumbnail images below the main image and you can use the arrows to scroll back and forth to view the images. By clicking on the large image you can view an even larger image of the lot.
Your Bid is a Contract
All bids placed online with GHRR (whether telephonically, via our website (gottahaverockandroll.com) or otherwise) are legally binding. By registering and bidding in this auction, you are entering into a legal contract. If you are the successful bidder on any lots, you will be considered the buyer of those lots.
Limited Guarantees
GHRR only provides the limited guarantees relating to authenticity and physical condition of lots sold through online and/or live auctions set forth in Subsection A.3 of “TERMS & CONDITIONS OF SALE” below, subject to the disclaimers and limitations on remedy set forth therein.
Overtime (Extended) Bidding):
A bid placed on any lot within 15 minutes after the auction’s scheduled closing time will extend the closing time of the entire auction by 15 minutes and affects all the lots in the auction. All lots remain open for bidding during Overtime Bidding. Each time a bid is placed during this period the clock turns back fifteen minutes on each and every lot. A bid placed on any lot affects ALL the lots in the auction and keeps them all open for bidding until we receive no new bids on any lot in the auction for a period of fifteen minutes. When there are no bids received on any lot for a full 15 minutes, then the entire auction (all lots) will close automatically and no bids will be accepted after that time. This ensures that everyone will have the time and opportunity to rebid on any items on which he or she has been outbid without the fear of bid snipers. We anticipate that overtime bidding will run for several hours after the clock begins but cannot guarantee a definite end time for the auction. If overtime (extended) bidding lasts over 24 hours from the scheduled time of closure, Gotta Have Rock and Roll reserves the right to end the auction at a time of our discretion or change the end time of any auction or lot at our descretion.
Maximum Bidding Option
You can set a maximum bid amount on any lot upon which you are bidding, and a bid will be placed on your behalf by the auction program. The maximum bid amount you set will only be applied as necessary: if a third party bidder should place a bid on the lot after your bid is placed, the system will automatically bid the next incremental bid amount (see “Minimum Bids and Bid Increments” below) on your behalf (so long as such automatic bid is at or below your maximum bid amount), leaving you as the high bidder until your maximum bid amount is reached. If a third party bids more than your maximum bid amount, you must manually place a straight bid or establish another maximum bid amount in order to compete for the lot in question.
A maximum bid amount placed on a lot with a reserve price will automatically be executed on the bidder's behalf to meet whichever amount is lower, the maximum bid amount or the reserve price of the lot. See “Reserve Prices” below.
Absentee Bidding
If you think that you will be unavailable to place bids on the item(s) you are interested in, you can place “absentee” bids by either placing a maximum bid on any lot(s) you are interested in, or you can contact GHRR and arrange for a representative of the company to place a maximum bid on your behalf. If you are interested in this service, please contact us toll-free at 800-950-1202 or at 212-750-7900. You must be registered for the auction in order to place an absentee bid, which we can do on your behalf when you call. When calling please give us your user name and password and we will bid on your behalf.
Telephone Bidding and Callback Service
If you wish to bid via telephone, please contact us at 212-750-7900. You must be registered for the auction in order to place a telephone bid, which we can do on your behalf when you call.
The “callback” is a complementary service we provide to those who request it so they can be telephonically apprised of when they have been outbid on the lots they are bidding on. This is an added courtesy to the automatic e-mail that is sent to you when you have been outbid and should not be used instead of checking your e-mail. While we will make reasonable efforts to contact every bidder telephonically who requests callback service, we cannot guarantee you will be contacted. You can utilize callback service by contacting us at 212-750-7900.
Minimum Bids and Bid Increments
A minimum bid is the price at which bidding on a particular lot will start. Bids cannot be accepted below the minimum bid. The minimum bid is often times set well below the estimated price at which a lot will sell. It is also set below the reserve price for lots that have a reserve price (see “Reserve Prices” below).
Bids are placed at incremental bid levels. The following is the bid increment table:
BID AMOUNT INCREMENT LEVEL
$0 - $99 $5
$100 - $199 $10
$200 - $499 $25
$500 - $999 $50
$1,000 - $2,499 $100
$2,500 - $4,999 $250
$5,000 - $9,999 $500
$10,000 - $19,999 $1,000
$20,000 - $29,999 $2,000
$30,000 - $49,999 $3,000
$50,000 - $99,999 $5,000
$100,000 - $199,999 $10,000
$200,000 - $299,999 $20,000
$300,000 - $599,999 $25,000
$600,000 - $999,999 $50,000
$1,000,000 and above 10%
Reserve Prices
Some, but not all, lots have a reserve price. A “reserve price” is the minimum price at which the consignor of a given lot is willing to sell the lot. A reserve price is set higher than the minimum bid and is not disclosed to bidders. Lots may have a hidden reserve. On lots that have a reserve but do not have a hidden reserve, there will be text on the lot page that states the reserve price has not been met, until a bid is placed that meets the reserve. When a bid is placed that does not meet the reserve, it will be accepted. A maximum bid amount placed on a lot with a reserve price will automatically be executed on the bidder's behalf to meet whichever amount is lower, the maximum bid amount or the reserve price.
Bidding on Lots of $10,000 and Over
If you are bidding on a lot that reaches $10,000 or above, you will be contacted by GHRR and asked to provide your banking information, including the name of the bank, bank account number and a bank contact. We do this to protect our bidders from those who may not be seriously bidding and are “upping” the bid increments. For your safety, and ours, we want to make sure that all bidders on items of $10,000 or more can cover their payment if they are the winning bidder.
Bid Rejection/Identical Bids
GHRR reserves the right to reject any bid or offer to buy at any time. In the event of identical bids or offers, the first bid or offer received by GHRR will take precedence. In the event of any dispute between potential bidders, or in the event of doubt as to the validity of any bid, GHRR shall solely determine the successful buyer or valid bid and its determination shall be final and binding on all parties. If any dispute concerning bidding arises after the sale of a given lot, GHRR shall resolve the dispute in its sole and absolute discretion and its resolution shall be final and binding on all parties.
Bidding by GHRR and Affiliated Persons
GHRR and its subsidiaries, affiliates, officers, directors, managing members, members, employees, agents, consultants and suppliers are allowed (but not required) to place lawful and legally binding proprietary bids on lots offered for sale during the auction.
Invoicing and Payment
Invoices with shipping and insurance added in will be emailed to bidders starting the Monday after the close of auction. Winning bidders will receive an email, prior to the invoice email, letting them know their winning bids and listing payment options. We ask that winning bidders review the shipping address on their invoice and let us know immediately if it needs to be changed. If the winning bidder has not registered with an email address, their invoice will be mailed to the winning bidder's shipping address. Invoices must be paid within one week of receiving your invoice. If payment is not received within that time period, or if the auction house is not able to contact the winning bidder within the time period, then, among other things, the winning bidder will forfeit the lot(s) he or she has successfully bid on, he or she will be banned from all future GHRR auctions and the matter will be turned over to our attorneys. For more information, see Subsection A.11 of “TERMS & CONDITIONS OF SALE” below.
Payment options: We accept personal checks, cashier’s checks, money orders, wire transfers, Credit/Debit cards, and PayPal. There is an additional 3.5% charge applied to credit card, debit card and PayPal payments. We now offer direct payment via PayPal on our website. After receiving your invoice with the shipping and insurance added in, you can log into your account and check out via PayPal, just follow instructions on the screen. If you wish to remit payment via credit or debit card please call us at 212-750-7900 or email pam@gottahaverocknandroll.com to arrange for payment over the phone. WE DO NOT AUTOMATICALLY CHARGE CREDIT OR DEBIT CARDS THAT HAVE BEEN ENTERED DURING OR AFTER REGISTRATION ON OUR WEBSITE. There is a $25.00 fee for wire payments received from foreign banks and from some U.S. banks, if you wish to pay via wire transfer please email pam@gottahaverockandroll.com for instructions. If paying by personal check, we will ship your item(s) after the check has cleared our bank. Checks should be made out to Gotta Have Rock and Roll.com and mailed to Gotta Have Rock and Roll.com, 799 Franklin Avenue, #201, Franklin Lakes, NJ 07417. We do not accept checks or money orders from international banks.
Buyer’s Premium
A 25% buyer’s premium will be added on to each invoice for all auctions, except Sports Auctions, where the buyer's premium is 20%. The buyer's premium is based on the amount of the high (winning) bid.
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Transit Insurance
A 1.5% transit insurance fee (based on the amount of the winning bid plus buyer’s premium) for shipping will be added to each invoice.
Sales Tax
Sales tax is currently charged on all lots shipped within and to the states of New York, New Jersey and Florida, including sales that are hand-delivered or picked up. The sales tax amount is based on the hammer price plus the buyer’s premium. In no event will GHRR be responsible for any sales tax, duties, or customs for any items purchased or shipped outside of the states of New York and New Jersey. Bidders with valid resale sales certificates should notify us and make sure they are on file so they are not charged sales tax.
Important Sales Tax Changes: In accordance with the most recent changes made to sales tax regulation throughout the United States, i.e. Wayfair, new sales tax policies will continue to be implemented that may affect some buyers who would not usually have a sales tax requirement on a purchase from GHRR. Bidders with multiple transactions, i.e. 500 or more from all bidders in in any year and/or any invoice totaling $100,000 or more who takes delivery in states or districts that comply with Wayfair must pay applicable sales tax. Currently there are 45 states, along with the District of Columbia that require the collection and submission of sales tax. In addition, if your transaction or multiple transactions does not meet the threshold above your invoice may still be subject to sales tax if the threshold has been met at GHRR by purchases in the jurisdiction you are taking delivery in within any one year. Sales tax is based on the rate in the jurisdiction at which the purchased item or items are being received. GHRR utilizes sophisticated software to determine these liabilities.
We encourage all buyers with a valid resale certificate to put it on file with us to ensure proper handling of taxes on future invoices as regulations may change. Please contact us at info@gottahaverockandroll.com if you have any questions regarding these changes of if you would like to submit a valid resale certificate.
Shipping and Handling
Potential buyers should be aware that packing and shipping costs may be substantial, particularly if the lot is of large size or weight, or requires special packing due to its fragility or construction. If you have any questions about the potential cost of packing, shipping and insuring a lot, you should contact GHRR to obtain a shipping estimate prior to bidding on a lot.
We use FedEx or UPS for all our shipping and a signature upon delivery is required. Please check your shipping address in your account to make sure that it is correct. There will be a $15 fee charged for any packages that will have to be re-routed due to an incorrect shipping address supplied.
Excluding oversized lots, heavy lots, framed items and fragile items, the typical domestic shipping fee per lot is approximately $25.00, plus the 1.5% transit insurance fee noted above in “Transit Insurance.” For multiple lots that are won by the same bidder, the shipping charges will be combined at a reasonable rate. If you wish to waive the signature requirement, you will need to email us with your request to pam@gottahaverockandroll.com. You must make reference to the lot(s) on which you have successfully bid.
Bidders are responsible for payment of customs and duties for packages shipped internationally in addition to international shipping fees.
Shipping fees on oversized lots, heavy lots, framed items, fragile items and lots being shipped internationally will be calculated after the auction has closed and will appear on the buyer’s invoice. Shipping fees on multiple items delivered to the same address will be combined. Biders are resonsible for payment of customs and duties for international shipments.
Condition
Bidders acknowledge and agree that a lot of memorabilia for sale in an online and/or live auction typically show signs of reasonable “wear and tear.” Any bidder who would like additional information as to the condition or restoration of a given lot should contact GHRR prior to bidding on such lot. Condition reports will be provided for any lots upon request. Items may have restoration (clothing, posters, awards, guitars ).
Vinyl Records
GHRR does not guarantee the inclusion of the vinyl record with signed album covers. If a vinyl record is included along with a signed album cover, the lot description shall state so affirmatively. Otherwise, the vinyl record is not included.
Framing
GHRR does not guarantee the condition of the frame on any framed memorabilia or artifact. GHRR is auctioning the memorabilia or artifact that is within the frame, and not the frame itself; therefore, the value of the lot is in the memorabilia or artifact, not the frame GHRR will not be responsible for any damage done to frames in shipping or otherwise;
Clothing
Like all lots, lots of clothing are sold “as is.” Clothing is stage or personally used; therefore, condition will vary.
Food
Lots consisting of food items (e.g., vintage unopened Pepsi cans) are NOT being sold as consumable food. GHRR urges any buyer of a lot consisting of a food item NOT to consume that item. Lots consisting of food items are being sold for collectible purposes only and should not be consumed under any circumstances.
Intellectual Property Rights
GHRR and its consignors do not make any representation or warranty as to whether a buyer of a particular lot acquires any reproduction or intellectual property rights (including, without limitation, copyrights) in any lot it purchases, unless the lot description for the lot explicitly provides otherwise. In particular, CDs and tapes of unreleased songs or versions of songs by various artists are NOT sold with copyright, unless the lot description for the lot explicitly provides otherwise. Such CDs and tapes are being sold as memorabilia only.
Gotta Have Rock and Roll.com, LLC DMCA Policy
Gotta Have Rock and Roll, LLC (“GHRR”) respects the intellectual property rights of others, In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, GHRR will respond expeditiously to claims of copyright infringement committed on the website if such claims are reported to GHRR's Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to GHRR’s Designated Copyright Agent. Upon receipt of Notice as described below, Dropbox will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to GHRR’s Designated Copyright Agent:
Pamela S. Cole
Gotta Have Rock and Roll, LLC
799 Franklin Ave., #201
Franklin Lakes, NJ 07417
TERMS & CONDITIONS OF SALE:
The following terms and conditions apply to all online sales for GHRR, including all GHRR auctions. Any person who registers to purchase lots offered for auction on gottahaverockandroll.com (the “Site”) must accept the terms and conditions of sale set forth below without change or alteration. The Auction Rules (above) and GHRR’s Privacy Policy are incorporated into these Terms & Conditions of Sale by reference in their entirety. PLEASE NOTE THAT WHEN YOU REGISTER FOR A GHRR AUCTION, YOU AGREE TO BE BOUND BY THE AUCTION RULES, TERMS & CONDITIONS OF SALE, ALL SPECIAL NOTICES, OUR PRIVACY POLICY, AND ALL OTHER POLICIES, PROCEDURES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE (TOGETHER, THE “AGREEMENT”).
Our services are available only to individuals who have the power to form legally binding contracts under applicable law. Without limiting the generality of the foregoing, our services are not available to minors. If you do not qualify, please do not use this Site.
This Agreement governs the terms on which all property is offered and sold on this Site and creates a legal contract between each person registered to purchase any property offered on the Site (a “Buyer” or “you”) and GHRR.
GHRR may change the Terms & Conditions of Sale set forth in this Agreement in the future. Any changes will be effective immediately upon posting on the Site. You are responsible for reviewing notices and any applicable changes. Changes may be posted without individual notice to you. YOUR CONTINUED USE OF THE SITE FOLLOWING THE SITE’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MAY NOT CONTINUE TO USE THIS SITE.
These Terms & Conditions of Sale are presented in two sections: A. “General Terms and Conditions” and B. “Certain Provisions Relating to Buyers.”
A. General Terms and Conditions
A.1. Operation of Site and Taxes.
The Site provides a venue for Buyers to purchase property. SimpleAuctionSite.com (the “Site Provider”) is responsible only for the operation of the Site. GHRR has the right to change dates of the auction or the closing of an auction at any time. The Site Provider has no involvement in any transaction entered into, on or through the Site.
The online “Total Purchase Price” is defined as the sum of the following: (a) the successful bid for an auction lot, plus (b) a buyer’s premium of 25% of the successful bid on an auction lot, plus (c) sales tax, use tax or other taxes applicable to the transaction in the United States, (d) shipping costs and customs duties (if applicable), plus (e) transit insurance charges (1.5% of the amount of the winning bid plus buyer’s premium).
A.2. Limitations of Guarantees—General
All lots offered by GHRR through online and/or live auctions are sold subject solely to the limited guarantees as to authenticity and physical condition set forth in Subsection A.3 below, as well as the limitation on remedies set forth therein.
Neither GHRR nor any consignor makes any representations and/or warranties relating to the quality, rarity, importance, exhibitions, literature or historical relevance of any lot. No oral or written statements set forth in any online listing, description, advertisement, bill of sale, announcement, any other supplemental materials or elsewhere made by employees of GHRR or any of its affiliated and related companies (including, without limitation, Gotta Have It! Collectibles, Inc.) shall be considered a warranty, except as set forth specifically in Subsection A.3 below.
Neither GHRR nor any consignor shall be responsible for human or computer errors and omissions in online listings, lot descriptions, advertisements, bills of sale, announcements or any other supplemental materials. GHRR is not responsible for errors or omissions in connection with the transmission of bids or offers to the Site (including, without limitation, your receipt of e-mails regarding the status of a bid, offer, lot or purchase), nor for any online or other charges you may incur in connection with participating in a sale.
EXCEPT AS PROVIDED IN SUBSECTION A.3 BELOW, ALL LOTS ARE SOLD “AS IS.” BOTH GHRR AND ITS CONSIGNORS HEREBY DISCLAIM ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL GHRR OR ANY CONSIGNOR BE LIABLE TO A BUYER FOR ANY SPECIAL, INCIDENTAL, PUNATIVE OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, LOST INCOME, LOST REVENUES AND/OR LOST DATA, WHETHER OR NOT GHRR OR THE CONSIGNOR HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, FOR ANY REASON WHATSOEVER.
A.3. Certain Guarantees.
All lots offered by GHRR through online and/or live auctions are sold subject solely to the limited guarantees by GHRR as to authenticity and physical condition set forth in this Subsection A.3. EXCEPT AS PROVIDED BELOW IN THIS SUBSECTION A.3, ALL LOTS ARE SOLD “AS IS.” BOTH GHRR AND ITS CONSIGNORS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(i) Authenticity Guarantee.
Subject to the limitations (including, without limitation, those on remedy) set forth below, GHRR guarantees that a given lot in an online and/or live auction conducted by GHRR is Authentic (as defined below) (the “Authenticity Guarantee”) until the first anniversary of the date on which the lot is sold in the online and/or live auction; provided, however, that to be entitled to the limited remedy provided below, the buyer must promptly return the lot to GHRR at its place of business in the same condition as it was at the time of sale and free and clear from any claims by third parties. The Authenticity Guarantee is given solely to, and may be relied upon solely by, the person who purchased the lot through the auction, and does not extend to any subsequent owner (including, without limitation, heirs, successors, beneficiaries or assigns of the buyer), whether such subsequent owner is a buyer in good faith or otherwise.
Notwithstanding the previous paragraph, the Authenticity Guarantee does NOT apply to: (a) any lot where the lot description itself notes that there is a conflict of opinion as to the authenticity of the lot; (b) frames, bases or other means of mounting that may be sold with the actual artifact or work of art contained within the lot; and (c) any lot where the purchaser is unable to return the lot to GHRR at its place of business in the same condition as it was at the time of sale and free and clear from any claims by third parties.
Limitation on remedy. In the event that the buyer provides documented proof to GHRR at the buyer’s sole cost and expense that a lot the buyer purchased is Not Authentic (as defined below), GHRR shall: (a) promptly refund to the buyer the amount of the buyer’s premium charged to the buyer in connection with the buyer’s purchase of the lot; and (b) use reasonable efforts to obtain a refund of the hammer price from the consignor of the lot; provided, however, that if such efforts do not result in such a refund within thirty (30) days from the first date that GHRR contacts the consignor in writing demanding such a refund, GHRR’s sole responsibility to the buyer thereafter shall be to provide (i) the name and contact information of the consignor to the buyer and (ii) reasonable assistance to the buyer at the buyer’s sole cost and expense (including, without limitation, the reasonable costs and expenses of GHRR’s attorneys) in connection with any litigation or arbitration relating to the lot. THE FOREGOING IS THE SOLE AND EXCLUSIVE REMEDY OF A BUYER WITH RESPECT TO THE AUTHENTICITY GUARANTEE AND IS IN LIEU OF ANY OTHER REMEDY THAT MIGHT BE AVAILABLE TO A BUYER AS A MATTER OF LAW, OR IN EQUITY. IN NO EVENT SHALL GHRR OR ANY CONSIGNOR BE LIABLE TO A BUYER FOR ANY SPECIAL, INCIDENTAL, PUNATIVE OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, LOST INCOME, LOST REVENUES AND/OR LOST DATA, WHETHER OR NOT GHRR OR THE CONSIGNOR HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, FOR ANY REASON WHATSOEVER.
For purposes of this Section A.3:
Authentic, with respect to a given lot in an online and/or live auction conducted by GHRR, shall mean that the creator, period, culture or source of origin, as the case may be, of such lot shall conform in all material respects to the numbered heading of the thumbnail online picture of such lot and/or the bold type online heading of the lot description itself, as such may be amended or supplemented by any oral or written salesroom notices and announcements or online notices and announcements. Information contained in a lot description that is not also included in a numbered heading and/or bold type heading is not part of the definition of “Authentic” and shall play no role in the determination of whether a given lot is “Authentic.”
Counterfeit shall mean a lot that is a deliberate modern forgery (i.e., an imitation created since 1870 with the intention of deceiving as to authorship, origin, date, age, period, culture or source) and which, at the date of the sale, has a value materially less than it would have had if the lot had been Authentic; provided, however, that no lot shall be considered a Counterfeit due to (a) any damage to the lot, (b) any restoration of the lot and/or (c) any modification of any kind made to the lot.
Not Authentic shall mean that a given lot in an online and/or live auction conducted by GHRR is either Counterfeit (as defined above) or not Authentic (as defined above), in each case conclusively proven as Not Authentic solely by a Recognized Forensic Examiner (as defined below). In no event shall a report, opinion and/or statement by any person (including the buyer) other than a Recognized Forensic Examiner be used to prove that a given lot is Not Authentic. In addition to a Recognized Forensic Examiner, GHRR considers a given item to be Authentic or Not Counterfeit if one of the following third-party authenticators have provided a written letter or certificate of authenticity for said item: James Spence Authentication (JSA), Professional Sports Authenticator (PSA), Beckett Authentication Services, Roger Epperson Authentication Ltd. (REAL) or Beatles handwriting expert Frank Caiazzo. If one of these authenticators deems the given item as Authentic and/or Not Counterfeit, then that authentication will serve as the sole determination for said lot.
Recognized Forensic Examiner shall mean a forensic examiner recognized as such in two or more cases adjudicated by a Federal District Court in the United States.
(ii) Physical Condition Guarantee.
Subject to the limitations (including, without limitation, those on remedy) set forth below, GHRR guarantees that the actual physical condition of a given lot in an online and/or live auction conducted by GHRR shall match, in all material respects, the description of the physical condition of such lot set forth in the overall lot description based upon a fair reading of the overall lot description taken as a whole (the “Physical Condition Guarantee”); provided, however, that to be entitled to the limited remedy provided below, the buyer must promptly return the lot to GHRR at its place of business in the same condition as it was received by the buyer and free and clear from any claims by third parties. The Physical Condition Guarantee applies from the date of the lot’s sale and expires at 5:00 p.m. (buyer’s time zone) on the date on which the buyer receives delivery of the lot. Thus, a buyer is strongly encouraged to properly inspect a lot immediately upon arrival. The Physical Condition Guarantee is given solely to, and may be relied upon solely by, the person who purchased the lot through the auction, and does not extend to any subsequent owner (including, without limitation, heirs, successors, beneficiaries or assigns of the buyer), whether such subsequent owner is a buyer in good faith or otherwise.
Notwithstanding the previous paragraph, the Physical Condition Guarantee does NOT apply: (a) to the frame, base, other mounting or glass if a given piece of memorabilia or artifact is framed or mounted on a base or other mounting, or is covered by glass; (b) if a buyer fails to (i) contact GHRR, telephonically or in writing (e-mail is acceptable), by 5:00 p.m. (buyer’s time zone) on the date on which the buyer receives delivery of the lot to report an alleged problem(s) with that lot’s physical condition and (ii) provide to GHRR in writing (e-mail is acceptable) by 5:00 p.m. on the next business day following the day on which the buyer received the lot documented proof (e.g., photographs) relating to the condition of the lot as received by the buyer; (c) to any lot damaged by either the buyer or those under his or her control or supervision; and (d) to any lot where the purchaser is unable to promptly return the lot to GHRR at its place of business in the same condition as it was received by the buyer and free and clear from any claims by third parties.
Limitation on remedy. In the event that GHRR determines in its reasonable judgment, based on a buyer’s documented proof and any other applicable evidence, that the buyer has made a valid claim under the Physical Condition Guarantee with respect to a given lot, GHRR shall promptly refund to the buyer the excess, if any, of (a) the hammer price of the lot in question plus any buyer’s premium charged to the buyer in connection with the buyer’s purchase of the lot over (b) any and all insurance proceeds received from any insurance company that provided coverage on the lot; provided, however, that such payment is dependent on the buyer’s prompt return of the lot to GHRR at its place of business in the same condition as it was received by the buyer and free and clear from any claims by third parties. THE FOREGOING IS THE SOLE AND EXCLUSIVE REMEDY OF A BUYER WITH RESPECT TO THE PHYSICAL CONDITION GUARANTEE AND IS IN LIEU OFANY OTHER REMEDY THAT MIGHT BE AVAILABLE TO A BUYER AS A MATTER OF LAW, OR IN EQUITY. IN NO EVENT SHALL GHRR OR ANY CONSIGNOR BE LIABLE TO A BUYER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS AND/OR LOST INCOME, WHETHER OR NOT GHRR OR THE CONSIGNOR HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, FOR ANY REASON WHATSOEVER.
A.4. Refusal of Transaction.
GHRR reserves the right to withdraw any lot before the end of the auction, halt any sale during its progress, and/or remove, screen or edit any materials or content on the Site. To the extent consistent with applicable law, GHRR may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. GHRR will not be liable to any bidder or buyer by reason of GHRR’s withdrawal of any property prior to the end of the auction; halting any auction or sale during its progress; removing, screening or editing any materials or content on the Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event of failure of the buyer to complete a sale for any reason, including GHRR’s decision to refuse to process the transaction, GHRR’s has the right to sell the lot to the next highest bidder. In the event of identical bids, the earliest bidder at that level will be approached first to buy the lot. In all cases, GHRR’s determination of the successful buyer will be final and binding on all parties.
A.5. Monitoring.
GHRR may investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as GHRR deems appropriate, including without limitation, contacting the individual using such card, canceling bids or an offer to purchase placed by such user, and/or deactivating a buyer’s account.
A.6. Eligibility to Use Site.
Use of the Site is limited to parties that lawfully can enter into and form contracts to buy and sell on the Site under applicable law. For example, minors and persons and entities domiciled in jurisdictions where online auctions are prohibited are not allowed to participate in auctions either as buyers or sellers. To register, you must provide your real name, phone number, e-mail address, credit card details and other requested information. Consignors of property being sold on the Site are not permitted to bid on or offer to buy their own property, nor to instruct, authorize or permit any other person to bid for or purchase such property on their behalf or to otherwise take any action that may manipulate the sale process in any way. The Site is available only to individuals and others who meet the terms of eligibility and who have been issued a valid credit card by a bank acceptable to GHRR.
A.7. Compliance with Laws.
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and any transactions conducted on or through the Site.
A.8. Password Security.
Your password may be used only to access the Site, use the services available on the Site and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password.
A.9. Fraud.
You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on this Site. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. GHRR will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
A.10. Export/Import Restrictions.
Some of the items for sale may require cultural, customs and other permits for export from the country in which they are located and import to the buyer’s country, and may also be subject to a right of pre-emption or compulsory purchase by the country from which they are to be exported. It is the responsibility of GHRR to ensure that the item is properly and lawfully exported from the country in which it is located. Property imported into the buyer’s country is the responsibility of the buyer. GHRR MAKES NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY WHATSOEVER TO THE BUYER OR OTHER PARTY IN RESPECT OF THE AVAILABILITY OR ISSUANCE OF VALID IMPORT AND EXPORT OR OTHER PERMITS OR THE EXISTENCE OR EXERCISE OF PRE-EMPTION RIGHTS TO PURCHASE BY GOVERNMENTAL OR REGULATORY AUTHORITIES ANYWHERE.
A.11. Remedies for Buyer’s Failure: Auction Sales
If any applicable conditions of this Agreement are not complied with in a timely manner by the buyer (including, without limitation, a buyer’s failure to pay for a purchase in good funds within 14 days after receipt of an invoice), then, in addition to other remedies available to GHRR by law, including without limitation the right to hold the buyer liable for the Total Purchase Price, GHRR has the option to cancel the sale and re-offer the lot on the Site or sell it to a lower bidder or sell it privately. In addition, GHRR may hold the buyer liable for any and all costs of collection or re-offer, handling charges, late charges of 1.5% per month (or the highest rate allowed under applicable law, whichever is lower), commissions, and any legal fees and expenses. Further, GHRR, at its sole discretion, may deactivate a buyer’s account for failure to pay the Total Purchase Price or for improper bidding or other breaches of this Agreement. In addition to, and without limitation of, the rights of GHRR, each buyer specifically acknowledges that if GHRR is unable for any reason to collect funds sufficient to completely cover the costs of any transaction to which such buyer is a party, GHRR reserves the right to turn such matters over to its lawyers and/or collection agencies.
A.12. Governing Law; Language.
THIS AGREEMENT AND THE BUYER’S AND GHRR’S RESPECTIVE RIGHTS AND OBLIGATIONS HEREUNDER ARE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO THE CONFLICT OF LAW RULES THEREOF. BY ACCESSING OR USING THE SITE, THE BUYER SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF (A) THE STATE COURT SITTING IN BERGEN COUNTY, THE STATE OF NEW JERSEY, OR (B) THE FEDERAL DISTRICT COURT SITTING IN THE CITY OF NEWARK, THE STATE OF NEW JERSEY, WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY TRANSACTIONS CONDUCTED ON OR THROUGH THE SITE, ANY CONTRACT FORMED HEREBY AND THESE TERMS & CONDITIONS OF SALE, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS.
You agree and acknowledge that your use of this Site shall be deemd to have occurred and taken place solely in the State of New Jersey. English shall be the language of this Site, and all transactions occurring in connection with this Site, and all users waive any right to use and rely upon any other language or translations. Translations of this Agreement may be presented in languages other than English for the convenience of users. However, you specifically agree that the English language version of this Agreement shall control in the event of any inconsistency between that version and any translation presented in languages other than English.
A.13. Privacy.
GHRR is committed to protecting your privacy. Our Privacy Policy may be changed in the future. You should check the Privacy Policy frequently for changes. Notwithstanding any provision of the Privacy Policy to the contrary, however, please note that:
(a) GHRR reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties; and
(b) in order to cooperate with governmental requests, to protect the Site’s systems and GHRR customers and/or to ensure the integrity and operation of the Site and GHRR’s business and systems, GHRR may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information and usage history.
By registering to bid and buy on the Site, you specifically authorize GHRR to transmit registration information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions for which you are the successful buyer.
A.14. Disclaimer of Warranties.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:
(i) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(ii) That the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
(iii) Any implied warranty arising from course of dealing or usage of trade; and
(iv) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of the GHRR. To the full extent permissible under applicable law, GHRR disclaims any and all such warranties.
A.15. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GHRR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, REVENUES OR DATA), WHETHER OR NOT GHRR HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, FOR ANY REASON WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITE. GHRR SHALL HAVE NO LIABILITY FOR ERRORS APPEARING ON THE SITE; THE SITE’S COMPUTER LOG SHALL CONSTITUE THE OFFICIAL RECORD OF ALL TRANSACTIONS, AND ALL DECISIONS GHRR MAKES BASED ON SUCH LOG SHALL BE FINAL.
A.16. Ownership.
All software used on this Site is the property of the Site Provider and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
A.17. Termination.
GHRR, in its sole discretion, may terminate the right of any user to participate in sales conducted on this Site or to access the Site without notice for any reason.
A.18. Notices.
To be effective, notices to GHRR relating to this Agreement, the Site or any transaction conducted on or through the Site must be given in writing and must be sent to the intended recipient by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the following addresses:
Gotta Have Rock and Roll LLC
799 Franklin Avenue, #201
Franklin Lakes, NJ 07417
GHRR may change its address for notices by posting the new address on the Site.
A.19. No Third-Party Beneficiaries.
This Agreement is intended to be and is for the sole and exclusive benefit of GHRR and relying buyers. No third party, either directly or indirectly, is an intended or unintended third party beneficiary hereunder.
A.20. Severability; Nonwaiver.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions. GHRR’s failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of GHRR’s right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by GHRR must be made in writing and signed by an authorized representative of GHRR specifically referencing this Agreement and the provision to be waived.
B. Certain Provisions Relating to Buyers
B.1. Binding Contract
By placing a bid to buy any lot, you irrevocably agree to pay the Total Purchase Price for the lot if you are the successful bidder. Once you place a bid or offer, you may not cancel it. Each successful bid or offer creates a binding obligation on you, as buyer, enforceable by GHRR, to pay fully and promptly all sums due and perform any other conditions of completion with respect to the applicable sale. Upon completion of a sale on the Site, the buyer will receive an invoice, including (i) the sales price, (ii) sales tax, use tax or other taxes applicable to the transaction in the United States, (iii) shipping costs, (iv) transit insurance charges and (v) the Buyer’s Premium. In addition to, and without limitation of, the rights of GHRR, each buyer specifically acknowledges that if GHRR is unable for any reason to collect funds sufficient to completely cover the costs of any transaction to which such buyer is a party, then, among other remedies, GHRR reserves the right to turn such matters over to its lawyers and/or collection agencies. See Subsection A.11 of “TERMS & CONDITIONS OF SALE” above.
B.2. Buyer’s Premium and Payment
Among other charges, a buyer will be charged a Buyer’s Premium of 25% of the successful bid on an auction lot (20% for Sports Auctions). Upon completion of a sale on the Site, you will be notified by e-mail if you are the successful buyer for the lot. Upon determination by GHRR that you are the successful buyer for a lot, you will be liable to pay immediately the Total Purchase Price for such lot.
B.3. Packing and Shipping
If you are the successful bidder or purchaser of an item on the website, you are obligated to pay, among other charges, the cost of packing, shipping and insuring of the lot while in transit to you.
Potential buyers should also be aware that packing and shipping costs may be substantial, particularly if the lot is of large size or weight, or requires special packing due to its fragility or construction. If you have any questions about the potential cost of packing, shipping and insuring a lot, you should contact GHRR to obtain a shipping estimate prior to bidding on a lot. GHRR is not responsible for the acts or omissions of carriers or packers of purchased lots. Packing and handling of purchased lots is at the entire risk of the buyer (subject to GHRR’s obligation to provide transit insurance at the buyer’s expense as provided in this Agreement). GHRR will automatically ship the lot to the buyer in the manner required under this Agreement and by a method deemed reasonably appropriate to safely deliver the purchased lot to the buyer, and subject to the standard terms of business of the shipper employed. The buyer will be charged for such shipment, packing and transit insurance. Please be aware that GHRR may not be able to accommodate your request for alternative shipping or delivery arrangements. Buyers must supply a street address for delivery of property purchased by them on the Site. Shipments to a post office box are strictly prohibited under this Agreement.
Buyers should note that transit insurance for shipments generally does not cover loss or damage caused by wear and tear, gradual deterioration, moths, vermin, inherent vice, restoration or retouching; or any damage sustained due to any hostile action, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, nuclear reaction or nuclear radiation whether controlled or uncontrolled; or any loss or damage attributable to willful misconduct of the insured.
In the event of loss or damage to a shipment, the buyer must retain all packing materials and any of the contents of the package(s) and contact GHRR telephonically or in writing (e-mail is acceptable), by 5:00 p.m. (buyer’s time zone) on the date on which the buyer receives delivery in order to make a claim. See Subsection A.3 of “TERMS & CONDITIONS OF SALE” above.