Conditions of Sale: 2012 Western States Public Radio Online Auction

The items listed in this online catalog are being offered and sold by the participating stations of the Western Stations Public Radio Online Auction, including KSDS Jazz 88, KZYX&Z and Nevada Public Radio (the "Participating Stations").

Proceeds from each item will be held by the participating station offering the item up for bid, and each participating station will handle distribution of their auction items.

1.     The following terms and conditions, as amended by any posted notices or oral announcements during the sale, govern the sale of all the items listed herein:

a.     No Liability: Neither the Participating Stations nor Bidding for Good assume any risk, liability or responsibility for the authenticity or quality of any items presented in this catalog.

b.    No Warranties: All items are sold "as is" without recourse. The Participating Stations make no representations or warranties of any kind or nature, expressed or implied, with respect to the auction items. The Participating Stations in no event shall be responsible for the correctness of the catalog, nor be deemed to have made any representations or warranties of quality of same. No statement made in the catalog or at the sale, in any bill of sale, invoice or elsewhere, shall be deemed such a representation or warranty or assumption of liability on the part of any of the Participating Stations or Bidding for Good. Prospective bidders should read the description and familiarize themselves with the terms, conditions, and restrictions before bidding to determine the appropriateness of the auction item..

c.     Participation in the auction does not qualify winner for membership benefits at any of the participating stations.

d.    Participants in this auction will hold harmless all Participating Stations, their boards of directors, employees, contractors and agents as well as the boards of directors, employees, contractors and agents of the item donors from any and all liability associated with the purchase and use of auction items.

e.     To the fullest extent permitted by law, Participating Stations will not be liable for any loss, damage, claim or costs arising from, incurred wholly or partly by, or in any manner related to, the purchase or use of any auction items or packages offered or originated by the Participating Stations (whether jointly or severally).  Auction participants shall hold harmless and indemnify the Participating Stations, their boards of directors, employees, contractors and agents from any and all loss, damage, claim or costs associated with any and all claims which may be asserted against any of the Partner Stations in connection with the purchase and use of such auction items.

2.     All bids must be made via the Internet on the auction site. Telephone, fax or in person bids will not be accepted.

3.     A credit card will be required to make a bid. The Participating Stations will assume that this credit card is to be charged upon the completion of the auction, if the bidder places a successful winning bid on an auction item.

4.     Participating Stations may withdraw any auction item at any time before the actual sale.

5.     Unless otherwise announced by Bidding for Good (the "auctioneer") at the time of sale, all bids are per lot as numbered.

6.     Participating Stations reserve the right, without giving any reason therefore, to reject a bid from any bidder. The highest bidder acknowledged by the Participating Station shall be the purchaser. In the event of any dispute between bidders, the Participating Stations shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, the Participating Stations and Bidding for Good sale records shall be conclusive in all respects.

7.     Each item is listed with a minimum bid. Bids below this minimum will not be accepted. The auctioneer will set bid increments. Bids will only be accepted at these increments.

8.     At the end of the sale, the highest bidder shall be deemed to have purchased the offered item subject to all of the conditions set forth herein and thereupon:

a.     assumes the risk and responsibility therefore

b.    will pay the full purchase price. Unless noted, any travel expenses or supplies needed, will be at the purchaser's expense. No refunds or exchanges.

c.     If the foregoing conditions and other applicable conditions are not complied with, including, without limitation, the failure of the purchaser to pay the bid price, the participating station, at their option, may either

1.     cancel the sale, retaining as liquidated damages all payments made by the purchaser or

2.     resell the item for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any deficiency, all other charges due hereunder and incidental damages.

10.  Upon conclusion of the auction, the credit cards of the winning bidders will be charged for the agreed upon bid price. If the charge card is rejected, the Participation Station will make a good faith effort to contact the winner to make arrangements for alternative payment. If payment cannot be made by August 3, 2012, the item will be offered to the next bidder.

11.  All purchases must be completed by August 3, 2012 at 5:00 pm PST. Items not paid for by that deadline will be offered to the next highest bidder at the discretion of the participating stations. The next highest bidder will have until August 10, 2012 at 5:00 pm PST to make payment on the auction item.

12.  Items may be tax-deductible if purchased above the stated retail value. Check with your tax advisor on the tax-deductibility of your purchase.

13.  The Participating Stations and Bidding for Good are not responsible for errors or omissions arising out of or resulting from order bids or bids transmitted by Internet, including, without limitation, errors or omissions resulting from mechanical difficulties or failure.

All package distribution will be handled by the participating station offering the package. See package descriptions for details. Here's a list of each of the Participating Stations' policies.