Auction Terms and Conditions
The Dust Shuttle LLC
Use of this Site
These terms and conditions govern your use of online internet bidding platform www.moderndaybids.com and any mobile application created by Modern Day Bids, LLC (“Site”) You may use the Site only in accordance with and subject to these Terms of Use. Once you complete and submit your registration you have opted-in to receive email communication from us and in order to remain a member of this Site, you must agree to receive email from us.
You must also authorize The Dust Shuttle LLC (Seller) to charge the credit or debit card you have entered on this site for the hammer price of an item which you were the high bidder, plus the buyer's premium and all applicable sales tax. Your card will be charged within 24 hours of the sale end. Failure to keep valid credit card information on file will result in your use of the site being terminated.
To initiate your ability to bid with Seller, an initial $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days (American Express & Discover may take longer).
You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline.
Membership Eligibility
The Site is available to members who are 18 years and older and who have not been suspended or removed by Seller for any reason. By becoming a member, you represent that you are of legal age. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration forms. In addition, as a member, you agree and acknowledge that you will maintain valid credit card info within your membership profile so long as you maintain an account with Seller.
Buyer's Contract
Bids placed on the Seller's website are a binding contract and you are responsible for paying all amounts due to Seller including sale price, buyer's premium and all applicable taxes. Please do not bid if you are unable to pay and take possession of the items in the specified time periods for each bidding sale or event. All sales are final. No returns, credits or exchanges.
Item Descriptions
All items are sold “as-is, where-is” and Seller disclaims any and all warranties expressed or implied, including but not limited to implied warranties of merchantability and/or fitness for particular purpose. While Seller will do its best to list any damage, repairs or restorations, the absence of these descriptions or conditions must not be taken to imply that the lot is in perfect condition. Most of the items sold are antique, vintage or used. You should expect signs of wear consistent with age. For certain sales, Seller offers preview inspections for the sole purpose of allowing the opportunity for personal inspection before placing your bids. Condition reports may be available. All sales are final. No returns, credits or exchanges.
Condition Reports
Questions about items in a given sale may be submitted via the Modern Day Bids platform, or you can email the sale manager Bryce to ask questions directly. Bryce can be reached at bryce@thedustshuttle.com.
Buyer's Premium
A buyer’s premium of 20% will be added to the hammer price in all sales and will be charged along with the hammer prices and applicable sales tax to the credit or debit card you have on file with Seller within 24 hours of the bidding end.
Sales Tax
All sales are subject to appropriate sales tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon receipt of such information by Seller, your future purchases will not be taxed. Tax resale forms can be submitted in your membership profile. Your profile name and address must be the same as your resale certificate.
Retention of Credit Card Information
By providing your credit card information to Seller, you authorize Seller to charge your credit card for the purchase amount of any successful bid plus the buyer's premium and any applicable taxes.
Your card will be charged within 24 hours of bidding end. Failure to keep valid credit card information on file will result in your use of the site being terminated.
To initiate your ability to bid on the Modern Day Bids platform, an initial $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days.
You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline.
Seller does not store your credit card information for security purposes. It is held by a reputable third party processor.
Pick Up
Successful buyers may pick up their items at the designated sale location or arrange shipping within 7 days of the sale end unless another agreement is made with the Seller. Seller will help arrange shipping services, but we do not offer shipping ourselves. Shipping services must be pre-arranged by the winning bidder prior to the pick-up date and at the winning bidder's expense. We have a list of shipping partners on our website who can accomodate any item large or small. We work with reputable shippers who charge to going rates for their services. Most of our shipping partners will come and collect your items from our warehouse for you, but the buyer should verify this with their chosen service provider. If an item is being shipped, Buyer waives the right to inspection; therefore, All Sales Final & the No Returns Policies, both apply to shipped items.
If after winning an item you determine you are unable to pick up your items or arrange shipping during the scheduled removal times and dates, you must contact Seller within 24 hours prior of the pick-up date and we will determine if alternate arrangements can be made. You will not be refunded for abandoned or forfeited items. In the event of inclement weather, Seller has the discretion to reschedule the pick-up dates and times.
Forfeiture of Items
Any items not paid and/or not picked up during the specified pick up time in accordance with the Site’s Terms & Conditions will be considered forfeited after 30 days. Forfeited items will become the property of the seller, to be resold at the Sellers discretion. Seller reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your membership with Seller will be revoked unless past due invoices and any additional charges are paid in full.
Prohibited Use
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. You may not decompile, reverse engineer, dissassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance . You may not copy, frameset, enclose or otherwise distribute any part of the Site.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Seller, its shareholders, members, partners, officers, directors, employees, agents, suppliers, parent company, subsidiaries, affiliates, joint venturers, and successors and assigns, be liable under this agreement to you or any third party for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including, but not limited to, damages for loss of goodwill, work stoppage, computer failure, delays in training, or malfunction, lost profits, lost business or lost opportunity), or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory), even if Seller has been informed of the possibility thereof. In the event that the foregoing exclusion of liability is found by a court of competent jurisdiction to be unenforceable, and a determination is made that Seller is liable, the total amount of Seller's liability for any loss, cost, claim, or damages of any kind arising out of, or related to, this agreement, shall in no event exceed the greater of one-hundred dollars ($100.00) or the amount of the fees paid by you to Seller during the three (3) month period immediately preceding the event giving rise to such loss, cost, claim or damages.
Jurisdiction and Venue:
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. Actions relating to this Agreement or any party’s performance or nonperformance under this Agreement shall be instituted in, and both parties consent to jurisdiction and venue in, Delaware County, PA.
Bidding Increments
Bidding increments refer to the minimum amount an a bid must be raised during bidding. The bidding increment's are defined by Seller and may change without notice.