REGISTRATION & BIDDING  |  TERMS & CONDITIONS


REGISTRATION & BIDDING

Please read the Terms & Conditions listed below. Your Registration and any Bids placed are your acceptance of these terms and conditions. The auction will accept on-line proxy bids beginning at 10 AM CT on Monday, December 19, 2016, and continue through 2:00 PM CT on Saturday,  January 7, 2017 (Live Event bidding commences promptly at 2:00 pm CT on that day—see below). All on-line proxy bids will be executed, when possible, by the auctioneer during the Live Event. You may continue bidding on-line using the live-auction feature on our website during the live event, and your bids will be executed by staff in the auction room as you bid. Please be aware that during the event, you will be bidding against people in the auction salesroom, people bidding on the phone and people bidding via the Invaluable.com platform as well.

Bidding at the Live Event is at the discretion of the auctioneer. All bidding decisions made by the auctioneer are final. Bids at the Live Event will be recognized only by the auctioneer or other designated Graceland Auction employees. Traditional auction paddles will be employed by prospective bidders in the salesroom for recognition of bids. Bidders alone are solely responsible for any and all bids on their paddle or on-line account as recognized by the auctioneer or other Graceland Auction employees.


REGISTER TO BID
You must register for an account (if you do not already have one from a previous Auction at Graceland auction) in order to participate in the bidding. Visit www.gracelandauctions.com to complete the Registration Form.  You will be required to provide a valid credit card number to complete your registration. Once approved, you will receive email notification of your registration approval, your User Name and your Password. Please note that the approval process can take up to 24–48 hours+.


BIDDING IN THE AUCTION
Bidding begins immediately upon the launch of the auction on gracelandauctions.com. Once registered you may bid on the artifacts in which you are interested. Placing a bid is a legal contract. Once a bid is placed, you cannot retract it. Bids must be in the increments outlined above.

BID AMOUNT
INCREMENTS
$0 to $499 $25.00
$500 to $999 $50.00
$1,000 to $2,999 $100.00
$3,000 to $4,999 $200.00
$5,000 to $9,999 $500.00
$10,000 to $19,999 $1000.00
$20,000 to $49,999 $2000.00
$50,000 to $99,999 $5000.00
$100,000+ $10000.00
During Live Auction Events, while every effort will be made to adhere to these increments,  all bid amounts will be at the discretion of the auctioneer.


Minimum Bids and Reserves:
The minimum bid is the starting bid amount for each lot. In accordance with Tennessee law, all lots are being sold with a reserve, which is confidential and the price beneath which the consignor will not sell the artifact. The reserve will not be higher than the low estimate, but can be a lower amount. If the reserve price is not met, the lot may not be sold.

During the on-line proxy bidding period, bidders will see the number of bids placed on each lot and the current high proxy bid. This high proxy bid only reflects the current bidding at gracelandauctions.com and does not include any bids received via the Invaluable.com platform. (Bidding at gracelandauctions.com and Invaluable.com will both be represented during the Live Event.)

Consignor Bidding is Strictly Forbidden: Bid manipulation of any kind is expressly forbidden. A consignor is prohibited from placing bids or arranging to have bids placed on his behalf on the lots owned by that consignor. Please note that it is a violation of law to make bids in a false name or with an invalid payment method. Fraudulent bidders will be prosecuted to the fullest extent of the law.

Buyer’s Premium: Please note that there is a 25% buyer’s premium added to the hammer price of each lot. Graceland Auctions reserves the right to accept or reject any or all bids by any bidder.


WAYS TO BID ON-LINE DURING PROXY BIDDING PERIOD
During on-line bidding, from 10:00 AM CT on Monday, December 19, 2016 to 2:00 PM CT on January 7, 2017, you may place either a “Straight” bid or a “Max” Bid.

Straight Bids: A Straight bid is a bid placed at the next, or a higher, incremental bid level available. In the event of tie bids of the same amount, the earlier received bid will always take precedence. This is especially significant with reference to “Straight” bids because if a “Straight” bid is placed on an item where another bidder has already left a “Max” bid, such “Max” bid will have priority.

Max Bids: Your maximum bid (sometimes called UP TO, CEILING or LIMIT BIDS) will be executed automatically by the system ONLY as needed for you to secure the current high bid. Therefore if the bidding reaches below your maximum, you will win the item for the lowest bid needed to be the highest bidder. Such bids must be calculated in the appropriate increments for the item based on its current bid. The website automatically displays these increments for you.


WAYS TO BID DURING THE LIVE EVENT
There are several ways to bid during the Live Event starting at 2:00 PM CT on January 7, 2017.

Live Online Bidding at Graceland.com: Bidders will be able to participate in the Live Event via gracelandauctions.com from the comfort of your own home. Once you are logged in, click on the “SIMPLE AUCTION LIVE” button on the main auction page or from any Lot Description page and you will be brought to the Live Auction Bidding Center. You must be logged in to participate, and all bids, either on the bidding floor or on the internet, are placed at the discretion of the auctioneer.  Any bids placed on-line during the live auction event are executed by a member of staff on your behalf during the live auction in the salesroom.

A video feed of the Live Auction Event will be streaming in the Live Auction Bidding Center so that you can view the auction as its happening. Please be aware that a delay occurs between the auction floor and your computer called lag time. The lag results from the time that it takes for the auction data (text, images, audio and video) to be encoded on the auction site, transferred over the Internet, and then decoded and displayed on your end. The encoding is done in a fraction of a second. The majority of delays are due to Internet transfer times, which means that you can be affected even with a high speed Internet connection. This is further affected by factors on your computer, such as CPU speed, memory, whether other programs are running at the same time, and so on.

Please be aware that although we do our best to take into account this lag and will usually remain on an item for several seconds longer than normal, we will not re-open a lot once it’s closed because of this lag.  Please be prepared to place your bids quickly.

Live Event Bidding: We welcome and encourage you to attend the auction and bid in person.  Registration for a paddle will be required in advance of the start of the auction.  Please be prepared to register with a credit card and place a deposit for the paddle.

Live Event Absentee or Phone Bidding: If you prefer to bid by completing an absentee bid form in advance of the auction or by telephone during the live auction, please complete the absentee/phone bid form found in the catalog or emailed upon request.  Telephone bids must be arranged at least two days prior to the auction by emailing the completed absentee/phone bid form to  auctioninfo@graceland.com.  A Graceland Auction employee will call you from the floor during the event to execute your bids with you over the phone. Please Note: by arranging to bid via telephone during the Live Event, you are agreeing to bid up to the published Low Estimated Value.

Graceland Auctions anticipates an enjoyable and successful bidding experience for you. If at any time you have any questions or concerns, please do not hesitate to contact us at auctioninfo@graceland.com.


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Terms & Conditions

GRACELAND AUCTIONS
TNGL# 5967
1. Auction A Circle, LLC d/b/a Graceland Auctions has endeavored to accurately describe all items being sold. All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding by appointment only. Your bidding will signify that you have examined the items as fully as desired, or that you have chosen not to examine them. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, imperfections from the photography process can include reflections and variations in color due to digital processing. Auction A Circle, LLC shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Written and oral descriptions are statements of opinion and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Auction A Circle, LLC’s goal is to provide prospective bidders with accurate and detailed information. Auction A Circle, LLC recommends prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, it is recommended you not bid on the item in question. Estimates provided are an opinion as to the price that a willing buyer would pay for the property at auction. These estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction. All sales are final. No statement written or oral made by the auctioneer shall be deemed a warranty or assumption of liability by Auction A Circle, LLC or by any seller represented by Auction A Circle, LLC. Auction A Circle, LLC reserves the right to withdraw any property before the sale.

2.  The Auctioneer will be the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether or not to reopen the bidding. It is the bidder’s responsibility to get Auction A Circle, LLC’S attention prior to the Auctioneer saying “sold”.  Auction A Circle, LLC reserves the right to reject any bids deemed inappropriate. If an item is withdrawn from the auction it will be offered again only at the Auctioneer’s discretion. Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneer’s “hammer”. The purchaser shall assume full responsibility for the lot purchased once title has passed. 

All lots offered in this catalog are subject to a reserve, the amount of which is confidential between AAC and the consignor, but will not exceed the printed low estimate in the catalog.  We reserve the right to open the live auction bidding and bid up to the amount of the reserve by placing successive or consecutive bids for a lot, or bid in response to other bidders.  

3.  Invoices will be emailed within 48 hours of the close of the auction.  Payment for all winning bids must be settled within 15 days of sale, unless otherwise agreed upon in writing. Payment may be made by cash (In House Only), bank wire transfer, certified funds, credit card, check or PayPal. Auction A Circle, LLC reserves the right to require payment by bank wire transfer or certified funds. Where permitted by law, a convenience charge of 3.5% will be reflected in the final purchase price for the use of a credit card.

Auction A Circle, LLC reserves the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. Auction A Circle, LLC reserves the right to hold all merchandise until receipt of funds is verified.

4.   A buyer’s premium will be applied to the purchase price of all items as listed below. (The “Sales Price” is the hammer price plus the buyer’s premium, plus applicable convenience payment fees, plus other applicable fees and taxes). All bidding at auction and all purchases will be in U.S. Dollars.

Live bidders via floor or phone/absentee bidding or internet: 25% Buyer’s Premium

Premium and other applicable fees and taxes are payable by cash, certified funds, bank wire transfer, credit card, check or PayPal. Where permitted by law, credit card payments incur a 3.5% convenience fee.

5.   All items for this auction are located at Graceland Archives Warehouse in Memphis, TN. Auction A Circle, LLC does not ship. As a buyer, you are responsible for the pick up or shipment of the property you have purchased. As a courtesy, Auction A Circle, LLC has made arrangements with a variety of third party shippers to provide shipping quotes for buyers. Please note that shipping remains the responsibility of the buyer and it is highly recommended that you get quotes prior to the auction for large, fragile, or heavy items so you can consider the shipping costs before bidding. Under no circumstances will Auction A Circle, LLC be held responsible for items entrusted to a third party shipper. Purchaser agrees that packing and shipping is done at the purchaser’s risk and that the purchaser will pay for all packing expenses, materials, carrier fees and insurance charges. Auction A Circle, LLC will have no liability for any loss or damage to shipped items. If any employee or agent of Auction A Circle, LLC is requested and agrees to pack or transport the merchandise, it is fully at the risk, responsibility and expense of the purchaser and Auction A Circle, LLC shall not be liable for any loss or damage that may be caused by such employee or agent. The purchase price and all fees must be paid in full before items will be released to the buyer or their agent.

Shipping small items by common carrier (UPS, FedEx, DHL, USPS):  Auction A Circle, LLC has engaged shippers to pick up several times a week from Auction A Circle, LLC’s facilities. Auction A Circle, LLC’s recommended shippers for small items are LR International, Mallory Alexander International Logistics and UPS Store #0869. Once Auction A Circle, LLC received your payment and the completed shipping form authorizing the release of your property to the shipper, Auction A Circle, LLC will add your lot(s) to the list for the next pick up. You will receive a shipping quote for you approval within 48 hours after the shipper has picked up your lot(s). If for any reason the quote is unacceptable to you, your property will be returned to Auction A Circle, LLC so you can make alternate arrangements.

Shipping larger items by freight (e.g. furniture, bulky or odd shaped items, etc.): Auction A Circle, LLC can provide assistance in arranging for delivery by freight for items that exceed allowable dimensions or weight restrictions of UPS, Fed Ex and similar carriers. Depending on the location, Auction A Circle, LLC can recommend a variety of third party shippers. Auction A Circle, LLC is also happy to work with the freight company of your choosing. Please keep in mind that delivery of these types of items can be an expensive proposition and Auction A Circle, LLC urges you to consider this before bidding. Please remember that it is your responsibility to pay for all deliveries.
All property should be removed from the premises within 30 days unless prior arrangements have been made with Auction A Circle, LLC. Purchased items not picked up from the auction facility within 30 days of the auction will be assessed a storage and administrative fee of 1% per month of the total purchase price from the 30th day after the sale until its removal, and a minimum fee of 3% of the total purchase price for any property not removed within 90 days after the sale. Alternatively, for any property not removed within 180 days after the sale, the property may be resold without reserve and the proceeds remitted to the purchaser less all applicable charges, premiums and fees due and owing to Auction A Circle, LLC.  

6.   All purchases are subject to 9.25% Tennessee sales tax and an additional 5% tourism tax, unless the Tennessee Department of Revenue Blanket Certificate of Resale form is completed and provided, along with a copy of the resale certificate from your state and received prior to time of purchase. International buyers are responsible for any artist resale rights, VAT, tariffs, taxes, or assessments of shipped items to the buyer’s country.  Any registered in-person bidder is subject to Tennessee sales tax and the additional tourism tax regardless of “ship to” address.  Any items exempt from sales tax are indicated with an * in the catalog.     

7.   Absentee/Telephone/Internet Bidding: As a service to customers, Auction A Circle, LLC will execute absentee bids if so authorized in writing under the provisions herein specified. Absentee bids should be made on the absentee bid form provided. This form should be clearly and completely filled out and accompanied by a valid credit card number and government issued identification. Absentee bids are executed competitively and confidentially. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. If two absentee bidders bid the same amount, the first received will be honored. Telephone bidders also should submit a completed absentee bid form. Upon receipt of a properly executed bid form, Auction A Circle, LLC will make arrangements to call you just prior to your lot(s) of interest being offered. Please note that Auction A Circle, LLC will have limited time to try calling and may therefore only try calling once. Make sure that the phone number you have given is correct and that your line will be open during the auction. Winning bidders will be notified within three (3) days of the sale. Auction A Circle, LLC will not be responsible for any errors or failures to properly execute absentee or telephone bids. Absentee and phone bids will not be accepted after 12pm Central on the seventh (7th) day of January, 2017. All internet bidders will require registration and pre-approval. Please contact us directly at bid@graceland.com or (901) 332-3322 or 800-238-2010 if you have registration questions. Your bid is a contract. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property. Your registered and approved credit card may be used as payment, unless Auction A Circle, LLC requires payment in another form or if you have another pre-approved method of payment. Please contact Auction A Circle, LLC to resolve any questions before bidding.

8.   In bidding on any lot offered, the bidder indicates acceptance of these Terms and Conditions. Title of each lot passes when the auctioneer says, “Sold”. The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. After the item is sold, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. As disclosed above in Section 5, Auction A Circle, LLC does not ship. All merchandise must be packed and transported by the purchaser at his own risk and expense.

9.   The Auctioneer reserves the right to accept or reject bids in any increment that the auctioneer deems to be in the best interest of the client, the seller. Absentee and phone bidding for prospective bidders are offered for those who cannot be present at the auction. Please complete the Absentee Bid/Phone Reservation form. Absentee bids left with us are executed competitively and confidentially. Bids left on gracelandauctions.com/auction and/or are not fully executed until the item is offered in the live auction and the order in which they are received on-line is not a factor.

Following are general guidelines for bidding increments:

BID AMOUNT
INCREMENTS
$0 to $499 $25.00
$500 to $999 $50.00
$1,000 to $2,999 $100.00
$3,000 to $4,999 $200.00
$5,000 to $9,999 $500.00
$10,000 to $19,999 $1000.00
$20,000 to $49,999 $2000.00
$50,000 to $99,999 $5000.00
$100,000+ $10000.00
During Live Auction Events, while every effort will be made to adhere to these increments, all bid amounts will be at the discretion of the auctioneer.

10. All measurements provided on lots are approximate and generally in the order of height by length by width where applicable.  

11.  Any bidder placing bids on a firearm/gun in the auction is subject to the following regulations: must be 18 years of age, 21 years of age for handguns; never convicted in any court of a crime punishable by imprisonment for a term exceeding one year; not a felon or fugitive from justice; not a substance abuser; not declared mentally defective or committed to a mental institution; not dishonorably discharged from armed forces; not been convicted of any acts of violence or stalking; not an illegal alien or resident alien.  Graceland Auctions will perform NO over the counter firearm sales. All firearms will be delivered to the winning bidder as follows: after receipt of payment, any firearm purchased will be shipped to a United States Federal Firearms Licensed (FFL) Dealer selected by the winning bidder in their area. The winning bidder must meet all federal, state and local requirements relating to the transfer and/or purchase of firearms and complete all paperwork required by the FFL to obtain possession of the gun.  The FFL dealer will typically charge a nominal fee for providing this service. In addition to the fees listed, the FFL Dealer may be required by law to collect sales tax, background check fees, or other transfer-related fees. Any fees related to the shipping or transfer of firearms will be the responsibility of the winning bidder.   No firearms will be shipped to the state of California. Collection from the local FFL is entirely the purchaser’s responsibility.  Any uncollected firearms will be re-sold at the purchaser’s expense.  All bidders should contact a FFL Dealer before placing a bid on an item to verify the complete cost of the transfer, to verify the legality of the item in the bidder’s state or other jurisdiction, and to make sure the bidder qualifies to pass any required background checks.

12.  Unless otherwise noted, the sale of any item at auction does not include a conveyance of any copyright including, but not limited to, reproduction rights and rights of public performance or display.

13. Under no circumstance will Auction a Circle, LLC incur liability to a purchaser in excess of the purchase price actually paid. Any claim or controversy arising out of or relating to the auction shall be governed by and construed in accordance with the substantive laws of the State of Tennessee, applicable to contracts to be fully performed therein, and without regard to conflict of laws rules thereof. Any claim or controversy arising out of or relating to the auction shall be submitted to arbitration in Memphis, Tennessee before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy. Both parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired Tennessee or federal judge or justice. By agreeing to arbitrate, the parties waive any right they have to a court or jury trial. The decision of the arbitrator shall be final and binding. The parties further agree that, upon application of the prevailing party, any court of the United States District Court for the Western District of Tennessee may enter a judgment based on the final arbitration award issued by the JAMS arbitrator or, if such court does not have jurisdiction, such judgment may be entered by any court of general jurisdiction in Shelby County, Tennessee. The bidder hereby consents to the personal jurisdiction of such courts, agrees to accept services of process by mail and waives any jurisdictional or venue defenses otherwise available to it. The prevailing party shall be entitled to recover the party’s attorneys’ fees and costs incurred in connection with the arbitration.

14.  For additional information regarding these Terms and Conditions of Sale, or any other matter relevant to this auction, please contact: Auction A Circle, LLC, 3734 Elvis Presley Blvd, Memphis, TN 38116, (901) 332-3322 or 800-238-2010, fax (901) 344-3101 or email at bid@graceland.com. Telephone inquiries may be made between 9am and 5pm CT, Monday – Friday.

©Elvis Presley Enterprises, Inc. (EPE). Graceland and its marks and trademarks of EPE. All Rights Reserved.
Elvis Presley™ ©2016 ABG EPE IP LLC
All other marks are the property of their respective owners.

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