Hart Davis Hart Auction Co. [email protected] www.hdhauctions.com tel: 312.482.9996 140 Auction 2509 - Pay Seller an amount up to the net proceeds payable in relation to the amount bid by Buyer in default. Buyer acknowledges that HDH Wine Co. shall have all the rights of Seller, however arising, to pursue Buyer for such amount. - Use the outstanding amount remaining unpaid by Buyer against any amounts which HDH may owe Buyer in any other transaction. - Apply any amount paid by Buyer in default to HDH, without consent from Buyer. - Reject at any future auction bids made by or on behalf of Buyer. - Obtain a deposit from Buyer before accepting any bids. - Exercise all rights and remedies of a person holding security over any property in HDH’s possession owned by Buyer to the fullest extent permitted to the secured party by the law under the Uniform Commercial Code in the State of Illinois or State of Delaware. - Charge any credit card on fi le for Buyer in default for full outstanding amount owed to HDH, including any late charges. Buyer understands and agrees that after default, as defi ned herein, Buyer grants HDH a security interest in all such property held by HDH and understands that HDH may fi le a fi nancing statement, or similar document, with the Illinois Secretary of State, Delaware Secretary of State, or any other relevant governmental offi ce or department in any state, to perfect a security interest in such property. The defaulting Buyer shall be responsible to pay and otherwise be liable to HDH for any and all legal fees and expenses incurred in connection with Buyer’s default and/or any action by HDH in connection with the provisions discussed herein. If any dispute arises before, during, or after an auction or sale, HDH’s record is conclusive. Shipping Policies HDH does not ship any wine, spirit, or alcoholic beverage product. HDH shall have no liability or obligation for shipping or transporting any Property. HDH makes no representation, and assumes no obligation, with respect to the legal- ity of shipping or transporting any Property, including alcoholic beverage products, into any jurisdiction. HDH does not assume any obligation or bear any responsibility whatsoever for applying for or obtaining any required permit(s) or license(s) for the shipping and transporting of any Property. HDH does not assume any obliga- tion or bear any responsibility whatsoever in the event that the quantity of Property purchased exceeds the quantity of wine, spirits, or alcoholic beverage products that may lawfully be purchased and brought into a Buyer’s jurisdiction. Any loss or dam- ages resulting from the shipping or transport of Property will be the sole responsibil- ity and at the risk of Buyer. HDH is not responsible for any deterioration, damage, or loss to Property during transport. HDH strongly advises Bidders to investigate and understand the shipping and transport laws that apply to the Property. HDH is not responsible for acts or omissions by HDH or others in packing or shipping. Packing and handling of Property by anyone, including HDH, is entirely at Buyer’s risk. HDH strongly advises Buyers to always check weather conditions when arranging trans- port of Property. Transporting some Property, like wine, even if by overnight service, may cause severe damage to the Property. HDH considers readings or predicted tem- peratures of greater than 80 degrees or less than 20 degrees Fahrenheit to constitute extreme weather conditions. During periods of extreme weather, HDH strongly advises against Buyer’s transport of certain Property by any means. HDH reserves the right to refuse any shipment or the transportation of any Property, if in HDH’s sole judgment, HDH believes that the Buyer’s selected method of shipment or transporta- tion will expose the Property to temperatures that may damage the Property. In the event that HDH exercises its discretion to refuse a shipment or the transportation of any Property, Buyer is solely responsible for paying any expenses, costs, charges, fees, or penalties that Buyer may incur as a result. Any loss or damages resulting from the shipping or transport of Property will be the sole responsibility and at the risk of the Buyer. Shipping and Delivery Outside the United States For more information, please contact HDH by phone at 312.379.8711. Release and Collection of Property Property purchased by Buyer shall be available for pickup only after HDH receives fi nal payment and Buyer has fully satisfi ed all conditions herein. For Property stored in Hong Kong, after HDH receives fi nal payment, Buyer may collect the Property or arrange for its shipment from 13 Degrees’ warehouse, located at 30/F Hing Wai Centre, 7 Tin Wan Praya Road, Hong Kong. To schedule collection or shipment of Property in Hong Kong, Buyer must contact HDH’s Hong Kong Department by email ([email protected]). For Property stored in Delaware, after HDH receives fi nal payment, Buyer may col- lect the Property from HDH at 250 Centerpoint Boulevard, New Castle, DE 19720, during the hours of operation of 8:00am – 5:00pm (EST), Monday through Friday. For Property stored in Illinois, after HDH receives fi nal payment, Buyer may collect the Property from HDH at 1511 West 38th Street, Chicago, IL 60609, during the hours of operation of 8:00am – 6:00pm (CST), Monday through Friday. To schedule collection of Property in either Delaware or Illinois, Buyer must contact HDH’s Shipping Department by phone at (312) 379-8711 at least two (2) business days before the desired pick-up. Original Wooden Cases HDH shall list Original Wooden Cases (“OWC”) as part of a Lot when available. OWCs will be automatically included with the Property unless Buyer instructs HDH otherwise. Holding Fees For auctions in Delaware and Illinois, HDH, at its discretion, will off er complimentary holding for up to sixty (60) days after the date of invoice for the Property which is purchased. Complimentary holding shall only be available if Buyer has made payment in full and fully satisfi ed all conditions herein. After the sixty (60) days, HDH reserves the right to charge Buyer a holding fee of $50.00 per nine-liter equivalent per month. For auctions in Delaware and Illinois, all Property is stored in HDH’s temperature and humidity-controlled cellar in the respective state. All Property that is not picked up by Buyer or its agent on or before the expi- ration of such sixty (60) period shall no longer be insured by HDH. For Hong Kong auctions, 13 Degrees will off er complimentary holding for up to forty-fi ve (45) days after the completion of the auction from which the Property is purchased. Complimentary holding shall only be available if Buyer has made pay- ment in full and fully satisfi ed all conditions herein. After the forty-fi ve (45) days, it is the Buyers’ sole responsibility to contact HDH’s Hong Kong department by email ([email protected]) to collect the Property, arrange for its shipment, or enter into a storage agreement with 13 Degrees. The 13 Degrees’ warehouse is located at 30/F Hing Wai Centre, 7 Tin Wan Praya Road, Hong Kong. All property stored at 13 Degrees is kept in a temperature and humidity-controlled cellar. Copyright The copyright in all images, illustrations and written material produced by or for HDH, relating to any Lot or Property shall not be used by Buyer, Bidder, or anyone else, without HDH’s written consent. HDH makes no representation or warranty that Buyer will acquire any copyright or other reproductions rights in any Property. Choice of Law and Venue For auctions held in the United States, the rights and obligations of the parties with respect to these Auction Terms and Conditions, the conduct of the auction, and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, Bidder and Buyer shall be deemed to have submitted, for the benefi t of HDH, to the exclusive jurisdiction of the courts of that country, state, county or province, and (if applicable) of the federal courts sitting in such state. For auctions held in Hong Kong, the rights and obligations of the parties with respect to these Auction Terms and Conditions, the conduct of the auction, and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the State of Illinois. By bidding at any Hong Kong auction, Bidder and Buyer shall be deemed to have submitted, for the benefi t of HDH, to the exclusive jurisdiction of the courts of the State of Illinois in the United States and (if appli- cable) of the federal courts sitting in such state. Severability In the event of any inconsistency or confl ict in terms between these Auction Terms and Conditions and any other policy published by HDH, the terms of these Auction Terms and Conditions shall control. Headings The section headings in these Auction Terms and Conditions are for convenience of reference only and shall not be considered as substantive parts of these Auction Terms and Conditions. Entire Agreement and Waiver These Auction Terms and Conditions (including all instruments incorporated by reference), the HDH Privacy Policy, and other HDH policies referenced herein constitute the entire agreement between HDH and Buyer pertaining to the subject matter hereof and supersedes any and all prior discussions and agreements between them. Any failure by HDH to enforce any provision of these Auction Terms and Conditions shall not operate as a waiver of such provision. Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HDH, SELLER, OR HDH’S AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO BUYER OR BIDDER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOODWILL, OR REPUTATION IN CONNECTION WITH BIDDING FOR OR BUYING PROPERTY OR OTHERWISE IN CONNECTION WITH THESE AUCTION TERMS AND CONDITIONS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER SELLER OR HDH AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATED TO THESE AUCTION TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF THE PURCHASE PRICE PAID FOR THE RELEVANT LOT. SOME STATES/JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATION OF LIABILITY AND/OR EXCLUSION OF DAMAGES, AND SO, THE ABOVE LIMITATIONS AND EX- CLUSIONS MAY NOT APPLY TO YOU. HDH AND SELLER ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE SERVICES THAT ARISE FROM THIRD PARTY APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES SUCH AS AUCTION MOBILITY LLC, THE PROVIDER OF THE AUCTION PLATFORM AT BID.HDHAUCTIONS.COM.
