Terms and Conditions of Sale

For any questions regarding this auction, please email us at info@catesauction.com.

Terms and Conditions

These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-seven (27) numbered paragraphs that outline the relationship between you ("the Bidder") and Cates Auction & Realty Co., Inc. ("the Auctioneer"). Throughout these Terms and Conditions, the terms "auctioneer," "we," "us," and "our" will refer to the Auctioneer, and the terms "you" and "your" will refer to the Bidder.
If you want to bid in this online auction, you will first have to read these Terms and Conditions. And by placing a bid, you agree that you have read the Terms and Conditions and understand the terms are binding on both you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale. If guns are offered for sale in the auction, please note that per Federal regulation you must be over the age of 18 to bid on guns. Your paid sales receipt and a valid State issued photo ID verifying your age will be required for pick up

Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.

1. Registration: To gain access to this online auction, you will need to register and create a user name and password. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during the registration process.

2. Credit Card: In order for the Auctioneer to process your winning bid, we must have a working Visa, MasterCard or Discover associated with your account with sufficient funds available to cover your purchases.

3. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.

4. Conduct of Sale: All bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publically display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.

5. Bidder's Duty to Investigate: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. If you are not certain of the condition, completeness or suitability of a given item, please bid accordingly
1. Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
2. Bid Wisely: We want everyone to be pleased with their purchases and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer.

6. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS ARE NOT GUARANTEED.

7. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email, if you have chosen this option when you registered. You can see if you are high bidder at any time using the "Watch List" feature; items which you have put on the Watch List will show the bidder name of the high bidder.

8. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by email at info@catesauction.com. Reports of bidding errors must be made via e-mail; phone reports will not be accommodated.

9. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.

10. Bidder's Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@catesauction.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

11. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to, at any time: (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller.

12. Closing: the Auctioneer's online auctions are designed to mimic traditional "live" actions. For this reason, this auction will have a staggered, dynamic closing.
1. Staggered Closing: This online auction will automatically begin to close at a rate of 5 items per minute, every minute. Items' closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer's dynamic closing feature.
2. Dynamic Closing: The closing time of an item is automatically extended an additional 2 minutes whenever a bid is placed within the 2 minutes leading up to an item's scheduled closing time.

13. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won at the price you gave as your bid.
1. Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid.
2. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to info@catesauction.com explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.

14. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that has sufficient credit available to pay for all of your purchases at the moment the auction closes!
1. Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer will suspend your online bidding privileges indefinitely.
2. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 16-18 of these Terms and Conditions.

15. Buyer's Premium: A 10% buyer's premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $110 at checkout.

16. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.

17. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the item pick up times that have been scheduled for this sale, PLEASE DO NOT BID. Unless stated otherwise the Auctioneer does neither ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times.
1. Bidder's Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
2. Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question.
3. Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.

18. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.

19. Non-Delivery: In the unusual event that an item has been totally misdescribed or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer's onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified.

20. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Clay County, Missouri's Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Clay County, Missouri. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.

21. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.

22. Liability: In all cases, the Auctioneer's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.
1. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
2. No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.

23. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.

24. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.

25. Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.

26. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Missouri.

27. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.

Encore KC Reparatory Theater Auction 1 Week Only More Props, Costumes, & Furniture Ends 10/4 One last chance to own KC Theater History. Auction includes, furniture, props, costumes, Art Work & More Antique Queen Anne Style Buffet Antique Cabinet w/ Shelves RCA Victrola Radio Cabinet Long Sofa Table Art Deco Velvet Sofa Incredible Carved Sofa Fancy Lyre Chair w/ Tassles Modern Dining Table Executive Desk Large Oil Painting Approx 7'x5' Mixed Media Girl & Rabbit Paul & Gounelle Engrais Print Nice Long Oak Library Table 84x30x32 Large Antique Oil Painting 6x4 Ornate Net Bassinet Locker Fronts Authentic Telephone Switchboard Art Deco Prop Beautiful Hutch Top - Has Glass Nice Office Work Table Two Rope Light Palm Trees Oversized Paper Umbrella Oversized Paper Umbrella Oversized Paper Umbrella Oversized Paper Umbrella Oversized Paper Umbrella Desk w/ Drawer Two Sturdy End Tables Rotating Wood & Metal Stool Solid Oak Coffee Table Last Chance Sofa Hexagonal Table & Nightstand Small Coffee Table Prop Desk Solid Wood Coffee Table Little Prop Door Fancy Glass Panel Three Fireplace Screens Steam Heat Radiator Section Marble? Table Top Three Panels of Frank Lloyd Wright Architecture Carmelina Di Capri Painting 8x16 Group of Artwork; Cyndi West Two Lady Paintings Prop Paining 32x52 6 Prop Paintings Twin Mattress and Box Springs Mattress Blue and Pink Flowers Blonde Bookcase Headboard and Footboard Antique Walnut Footboard Painted Gold Metal Headboard Group of Cushions Chair Parts Antique Day Bed Antique Spring Bed Half Round Cold Fabric Lamp Shade 1940's GE 502 Console Stereo Harvey Sterilizer & Tank Photo Developing Supplies Wire Recordings & Booklets Postoscope Kodak Black Light Drum Antique Navy Blue Enamel Heater Iron Stove Base and Iron Stove Top Kenmore Dehumidifier - Have Pics Prop Kitchen Cabinet Large Coleman and Small Red Coolers Nice Regelware 100 Cup Coffee Maker Westbend 55 Cup Coffee Maker Great Wooden Shelf on Rollers Group of Faux Fire Logs Buffet on Rollers - Faux Drawers Faux Dry Sink Black Faux Wooden Iron Stove Zenith Tube Life Saver - Non Working Prop Group of Small Shelves and Peg Board Reznor Heater Unit US 75-F Table Large Group of Gold Tassel Cord Old Paper Barrel of Heavy Good Rope Old Paper Barrel of Gunny Sacks and Net Large Group of Rope Box of Foam Pieces Bags of Sphagnum Moss & Stone Tissue Paper and Wrapping Paper Large Group of 12 inch Square Plastic Boxwood Faux Rock and Pinecones Miscellaneous Greenery and Carrier Group of Clay Pots Extra Large Basket with Bags Extra Large Basket of Cotton Large Faux Fruit Basket with Lots of Plastic Fruit Muslin and Metal Clothes Hamper Glacier Bay Sink w/ Faucet Vintage Sink Antique Sink - Distressed Genuine Urinal Toilet Shampoo Sink Jail House Toilet / Sink Combo Jail House Toilet / Sink Combo Theater Crash Box or Noisemaker 3" White Gimbal Recessed Light Kits DeLight Neon Red Light 5 Harwich Outdoor Pendant Lights 8 Portfolio Light Fixtures Hampton Bay Light Fixture Hampton Bay Light Fixture Newer Pedestal Sink Hampton Bay Light Fixture Mixed Lot Outdoor Lights Glass Bases Misc Metal & Wood Four Carriage Lanterns Three Beaded Curtains Two Utility Wheels & Tires Bicycle Seats & Rack Eight Industrial Lights Four Industrial Lights Group of Ceiling Bases Group of Gold Ceiling Bases and More Vintage Morda Spotlight Air Return Panel & 2 Vents Vintage Sun Lamp On a Stand Heavy Duty Power Cord & Bulbs Group of Vintage Lamps Ceiling Fan Fixture Light on a Pole Vintage Lamp Parts Tripods & Stand Floor Jack GE 5000w 120v DPY T20 G38 Halogen Bulbs Ratchet Straps Craftsman Saw & Vac Two Antique Baby Buggies Blue Petmate Kennel Cab Group of Table Bases, and Stand Large Group of Table Tops Very Tall Wooden Step Ladder Green Metal Shelf Group of Bloody Body Parts Stretcher Board Large Foam Cross Electric Chair Power Prop 5 Gal Large Green Glass Water Bottle HUGE Round Wooden Hand Made Sphere Small Wooden Hand Made Sphere Group of HAIR Musical Props Group of Faux Pedestals and Balls Three Faux Totem Poles Prop Map in Black Wooden Box Heavy Garden Stand Large Black Metal Trunk Two Black Cases with Straps Nice Large Green Trunk ? Three Metal Outdoor Patio Chairs Gray Trunk Very Large Antique Trunk Wooden Trunk Stack of 6 Vintage Suitcases Two Super Heavy Prop Trunks - Can Be Stood On Vintage Kid's Chairs Ornate Chair Four Newer Dining Chairs Medical Table W/ Interchangeable Pads Super Cool Study Chair & Newer Desk Chair Two Wooden Chairs Parts & Pieces of Wheelie Stools - Incomplete Two Mid Centrury Office Chairs Four Chairs Two Eastlake Style Chairs - Lots of Repairs Three Different Stools Upholstered Arm Chair Three Project Chairs w/ 'Good Bones' Newer Club Chair Tan Club Chair Newer Upholstered Chair - Needs Light Cleaning Four Mid Century Industrial Chairs Mix & Match Chairs Group of Office Chairs Two Project Chairs Pair of Tufted Chairs Pair of Chairs Small Church Pew on Wheels Five Pretty Lady Chairs Two Shield Back Chairs Cute Armchair - Missing Front Legs Blue Velvet Chair Rocking Horse Angle Iron Platform 67x26x18.5 Box of Foam Cups Baskets Vehicle Bench Seat - Good Shape Easels, Metal Grate, & Baby Gate Sewing Machines; Elna & Brother + Stand Very Sturdy Prop Table - Well Used Presto Recording Corp - Record Lathe Electronics Printed Copies of Antique Maps Large Group of Men's Costume and Vintage Pants Group of Men's Costume & Vintage Shirts & Jackets Huge Group of Costume and Vintage Shoes Assorted Fabric Vintage or Antique Drapes Assorted Costume & Vintage Hats Fabric Selection Costume and Vintage Hats Handbags, Purses, Tote Bags & More Costume Large Group of Costume & Vintage Pants and Jackets Vintage Alaskan Fur and Leather Jacket Two Vintage Black Curly Lamb Short Jackets Four Suede & Felt Costume Cummerbund Belts Vintage Lingerie and Costumes Period Costume Ladies Jacket & Dress Selection Two 1920's Style Period Costume Dresses Five Vintage or Costume Black Dress/Tuxedo Jackets Five Vintage or Costume Black Dress/Tuxedo Jackets Five Vintage or Costume Black Dress/Tuxedo Jackets Five Vintage or Costume Black Dress/Tuxedo Jackets Five Vintage or Costume Black Dress/Tuxedo Jackets Five Vintage or Costume Black Dress/Tuxedo Jackets Five Vintage or Costume Black Dress/Tuxedo Jackets Five Vintage or Costume Black Dress/Tuxedo Jackets Four Vintage Wedding Gowns and More Roll of Faux Fur Hanging Ironing Board Vintage Dress Form Bell and Howell 4 Track Bell & Howell 16mm Speaker Case Antique Todd Protectograph Check Writer Antique C. W. Todd Protectograph Check Writer Tower Parts Flash-A-Call Speaker or Intercom Vintage Prop Speakers, Dictaphone & Wood Cover Two Vintage Scales Purple or Brown Glass Ball Reproduction Vintage Look Hatbox Antique 1860 Bible Vintage Instrument Cases Prop Vintage Stock Market Ticker Tape Vintage Prop Lantern Two Diner Style Stainless Steel Napkin Dispensers Funky Frosted Drinking Glasses Pig Prop Plaque and Lots of Dishes Two Large Vintage Wallpaper & Fabric Sample Books Two Old Violins and Case Enamel Kettle, Cheese Crocks and Tin Large Group of Silverplate Salt & Peppers, Kitchen Stuff Oldsmobile Baby Moon Hubcaps & Other Parts Replogle Desk Globe Vintage Industrial Vision Testing Lamp Eye Chart Zinn Naval Ceramic Beer Stein Three Silverplate Trays Assorted Glasses- Coca Cola and More Plastic Stems and More Assorted 45 RPM Records Vintage 78 RPM Phonograph Record Collection Vinyl Record Assortment Empty Vintage Photograph Albums VHS & Cassette Tapes Older Legal Statute Books and Old Pathfinders Great Collection of Arts & Crafts Books Vintage Playboy, Penthouse & More Magazines Art Books and Periodicals Large Group of Magazines Reference and Educational Book Small Antique and Vintage Books and Pamphlets Comic Books & Crime Mags Interesting Home Made Prop Books and Folios Trick Books and Prop Books Prop Books Large Group of Children's Books Assorted Books & Nature's Variety Stamp Book Heavy Duty Rustic Table on Casters Kelo Pogo Stick Metal Shelving