The Conditions of Sale listed immediately below along with the catalog, as amended, and any notices or announcements posted during auctions, is the entire
"Agreement" relative to the property listed herein. They may be amended by posting notices during online auction (hereinafter referred to as "auction" for
convenience). Bidding on merchandise automatically constitutes acceptance of these terms.
1. ASPIRE AUCTIONS, INC. As Agent
Except as otherwise stated, Aspire Auctions, Inc. (sometimes referred to herein as "Aspire" or "We") acts as agent for the Seller of the lots featured at the auction. The contract for the sale of property is therefore made between the Seller and the Buyer (sometimes referred to herein as "You").
2. LOTS OFFERED FOR SALE
a. "AS IS" SALE. ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD "AS IS." Aspire and its Sellers make no guarantees, warranties or representations, expressed or implied, with respect to the property, its visual depictions on Aspire’s website, the correctness of the catalog, and statements of the authenticity of authorship, physical condition, size, quality, rarity, provenance, exhibitions, medium, material, genuineness, attribution, period, culture, source, origin, literature or historical significance of any lot sold. No statement anywhere, whether oral or written, or posting of a photograph, shall be deemed as such a guarantee, warranty or representation.
b. CATALOGUE AND OTHER DESCRIPTIONS. All statements by Aspire in the catalogue entries for the property or in the condition reports or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Aspire attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as statements that this is the price, for which the item will sell or its value for any other purpose. Neither Aspire nor the Seller is responsible for any errors and omissions in the catalogue or any supplemental material.
c. BUYER'S RESPONSIBILITIES. You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your satisfaction with the lot as fully as You desire; or that You have chosen not to examine, or otherwise insure Your satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc., and the results of Your examination and/or other investigation leave uncertainty in Your mind, Aspire recommends You have an independent expert examine the lot for You.
3. LIMITATION OF LIABILITY
a. LIMITATION OF LIABILITY. THE LIMIT OF LIABILITY OF ASPIRE AUCTIONS, INC. TO THE BUYER FOR ANY CAUSE OR COMBINATION OF CAUSES SHALL BE, IN THE TOTAL AMOUNT, LIMITED TO THE BUYER PREMIUM UNDER THIS CONTRACT.
b. NON-DELIVERY OF PURCHASED LOTS. If a lot cannot be delivered to the Buyer due to loss, theft, breakage, other damage, or acts of God, or for other reasons, the sale will be considered canceled and Aspire shall not be held liable.
4. AUCTION
a. REFUSAL OF ADMISSION. Aspire has the right, at its discretion, to refuse admission to its premises or participation in any auction and to reject any bid.
b. ORDER BIDS. "Order bids" are a method of bidding for those who cannot or do not wish to participate in an auction. Aspire, via its designated employee, may execute order bids as a convenience to its clients, who choose not to place their bids online. Aspire is not responsible for any errors or omissions in connection therewith.
c. RESERVE. Some of the lots are offered subject to a reserve, which is a minimum price below which the lot will not be sold. Aspire may, at its discretion, disclose the amount of reserve. Aspire may place bids on items that are subject to reserve.
d. ASPIRE'S DISCRETION. Aspire reserves discretion in the following matters: (i) Aspire may withdraw any property before sale and/or divide and/or combine lots; (ii) Aspire may reject any bid (the highest bidder acknowledged will be the purchaser), cancel the sale or advance bidding in such a manner as Aspire may decide; (iii) in the event of any dispute between bidders, or in the event of doubt on Aspire’s part as to the validity of any bid, Aspire will have the final discretion either to determine the successful bidder or to re-offer and resell the lot/s in dispute; (iv) if any dispute arises after the sale Aspire's sale record is conclusive; (v) any and all of the conditions of this agreement may be waived or modified in the sole discretion of Aspire Auctions, Inc.
e. SUCCESSFUL BID AND PASSING OF RISK. Subject to Aspire's discretion (see Paragraph 4(d) above), the highest bidder accepted by Aspire, will be the Buyer of the lot and the closing of the lot by the Aspire’s auction software marks the acceptance of the highest bid and conclusion of the contract for sale between the Seller and the Buyer. Risk and responsibility for the lot passes to the Buyer after ten (10) calendar days from the date of the sale or collection of the lot by the Buyer, whichever is earlier.
f. POST-AUCTION SALE OF LOTS. Any post-auction sale of lots offered at an auction shall incorporate this Agreement as if sold at an auction.
5. PAYMENT, SHIPPING AND HANDLING; RETURNS
a. BUYER PREMIUM. In addition to the highest bid accepted by Aspire, which becomes the sale price, the Buyer agrees to pay the Buyer's premium together with all applicable sales or use taxes. The Buyer's premium is 15% of the sale price on each lot. The credit card You provided when You registered to bid will be charged for the total amount of the purchase price unless You have notified us that You would like to pay by check. If You have notified us that You will pay by check, we reserve the right to charge Your credit card if we do not receive Your check within ten (10) days of the sale. Property will be released for pickup, or for packing and shipping, upon payment. Credit Card payments over $2000 are subject to a 17% Buyers premium.
b. PAYMENT AND PASSING OF TITLE. If not done during registration to bid, immediately following the sale, the Buyer must provide Aspire with the Buyer's name, permanent address, and if so requested, details of the bank, from which the payment will be made. The Buyer must pay the full amount due (sale price, Buyer premium, and applicable taxes) no later then 5pm of the tenth (10th) calendar day following the sale. This applies even if the Buyer wishes to export the property and an export license is, or may be, required. The Buyer will not acquire the tile to the lot until all amounts due to Aspire from the Buyer have been received by Aspire in good cleared funds, even in circumstances where Aspire have released the lot to the Buyer.
c. COLLECTION OF PURCHASES. Aspire is entitled to retain the sold property until all funds due to Aspire are received in full in good and cleared funds. Subject to this, the Buyer shall collect the purchased lots within fourteen (14) calendar days of the day of sale, unless otherwise agreed between Aspire and the Buyer. If property is not picked up within thirty (30) calendar days following the date of sale, whether or not payment has been made, Aspire reserves the right to charge $10 per lot per day or to deliver said property to a public warehouse for storage at the Buyer's expense. Aspire shall have no liability for any damage to property left on its premises for more than fourteen (14) calendar days following the sale (please refer to Paragraph 5(d)). Purchased lots, which are paid for but left on Aspire's premises for any reason in excess of one (1) year, are considered abandoned. In case of abandonment Aspire reserves the right to dispose of the property in a manner it sees fit and retain the proceeds.
d. PACKING, HANDLING, AND SHIPPING. Aspire will pack small lots. Larger, more difficult lots will be packed professionally (by a reputable outside company selected by Aspire) and shipped to the address You provide when You registered to bid, unless You notify Aspire that You would like to make different shipping arrangements. A separate charge will appear on Your credit card for shipping and handling. If You have purchased a large number of items and/or Your shipment requires extraordinary handling Aspire will contact You before shipping. Aspire will not be responsible for the acts or omissions of carriers or packers whether or not recommended by Aspire. Purchased lots will not be released to the carrier without payment made in full by the Buyer.
e. EXPORT LICENSES. "Export license" shall include any and all forms, paperwork, inspections, clearances, etc. required by U.S. Government for successful export of the purchased property outside the United States. Unless otherwise agreed in writing, the fact that the Buyer needs to apply for and obtain export license does not affect the Buyer's obligation to pay Aspire amounts due in full within ten (10) calendar days, nor Aspire's right to charge storage fees and interest on late payments. If the Buyer requests Aspire to obtain export license on the Buyer's behalf, Aspire may charge extra for such service. Aspire shall not be obligated to rescind the sale nor to refund payments made along with any storage fees and/or interests incurred in circumstances where (i) an export license is required; (ii) the Buyer was not able to successfully export from the United States and/or import into the Buyer's country of choice the purchased property for whatever reason. Aspire shall not be held responsible for acts or omissions of any third party involved in the process of obtaining, preparing, processing, or otherwise handling an export license.
f. NONPAYMENT. Payment will not be deemed to have been made in full until Aspire has collected funds represented by checks, or in the case of bank or cashier's checks, Aspire has confirmed their authenticity. If Aspire does not receive payment in full, in good cleared funds, within ten (10) calendar days following the sale, Aspire reserves the right to exercise one or more of the following measures, in addition to actions allowed by law: (a) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price; (b) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (c) to cancel the sale; (d) to resell the property publicly or privately with such terms as Aspire finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Aspire's commission on both sales, all other charges due hereunder, and incidental damages; (e) to block the Buyer from participation in future auctions; (f) to take other measures Aspire deems fit. In addition, a defaulting Buyer will be deemed to have granted Aspire a security interest in, and Aspire may retain as collateral security for such Buyer's obligations to Aspire, any property in Aspire's possession owned by such Buyer.
g. RETURN OF PROPERTY. If Aspire sells an item, which subsequently is shown to be a "counterfeit", Aspire will set aside the sale and refund to the Buyer the total amount paid by the Buyer to Aspire. For these purposes "counterfeit" shall mean a lot that is in Aspire's reasonable opinion is an imitation created to deceive as to authorship, origin, age, date, period, culture or source, where the correct description of such matters is not reflected by the description in the catalogue. No lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repairing or over-painting/in-paining). Please note that this provision does not apply if (i) the catalogue description was in accordance with the generally accepted opinion(s) of scholar(s) and expert(s) on the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or (ii) the only method of establishing at the date of the sale that the lot was counterfeit would have been by means of processes not generally available or accepted, unreasonably expensive or impractical to use. Aspire will accept returns of property, preserved in the same condition as at the time of sale, and only if the return request is made within thirty (30) days from the date of sale along with written statement explaining why the lot is thought to be counterfeit and supported by the opinion of an independent and recognized expert in the field. Aspire shall not be bound by the opinion of this expert and reserves the right to seek additional expert opinion at its own expense. Aspire reserves discretion to waive any of these requirements.
6. DISPUTE RESOLUTION AND MISCELLEANEOUS
a. GOVERNING LAW. The laws of the State of Ohio govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
b. ARBITRATION. Buyer agrees that any controversy or claim arising out of or relating to this Agreement or Aspire's services shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cleveland, Ohio, and any court having jurisdiction thereof may enter Judgment on the arbitration award. Either Buyer or Aspire Auctions, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Cleveland, Ohio, necessary to protect the Buyer's rights, the property, or Aspire's rights pending the completion of arbitration, and Buyer hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Agreement.
c. TIME FOR BRINGING LEGAL ACTION. Buyer shall initiate any action or claim arising out of or relating to this Agreement within six (6) months of its accrual.
d. COPYRIGHT. The copyright in all images, illustrations, auction website pages and postings, and other written materials produced by or for Aspire relating to any lot including the contents of the catalogue, is and shall remain at all times the property of Aspire and shall not be used by the Buyer or any other person without Aspire's prior written consent. Aspire and its Sellers make no representation or warranty as to whether the Buyer acquires any copyright or other reproduction rights in the property.
e. SEVERABILITY. If any part of this Agreement is found by a court of any jurisdiction to be invalid, illegal or unenforceable, that part shall be discounted and the other parts of the Agreement shall continue to be valid to the fullest extent permitted by law.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
1. ASPIRE AUCTIONS, INC. As Agent
Except as otherwise stated, Aspire Auctions, Inc. (sometimes referred to herein as "Aspire" or "We") acts as agent for the Seller of the lots featured at the auction. The contract for the sale of property is therefore made between the Seller and the Buyer (sometimes referred to herein as "You").
2. LOTS OFFERED FOR SALE
a. "AS IS" SALE. ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD "AS IS." Aspire and its Sellers make no guarantees, warranties or representations, expressed or implied, with respect to the property, its visual depictions on Aspire’s website, the correctness of the catalog, and statements of the authenticity of authorship, physical condition, size, quality, rarity, provenance, exhibitions, medium, material, genuineness, attribution, period, culture, source, origin, literature or historical significance of any lot sold. No statement anywhere, whether oral or written, or posting of a photograph, shall be deemed as such a guarantee, warranty or representation.
b. CATALOGUE AND OTHER DESCRIPTIONS. All statements by Aspire in the catalogue entries for the property or in the condition reports or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Aspire attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as statements that this is the price, for which the item will sell or its value for any other purpose. Neither Aspire nor the Seller is responsible for any errors and omissions in the catalogue or any supplemental material.
c. BUYER'S RESPONSIBILITIES. You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your satisfaction with the lot as fully as You desire; or that You have chosen not to examine, or otherwise insure Your satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc., and the results of Your examination and/or other investigation leave uncertainty in Your mind, Aspire recommends You have an independent expert examine the lot for You.
3. LIMITATION OF LIABILITY
a. LIMITATION OF LIABILITY. THE LIMIT OF LIABILITY OF ASPIRE AUCTIONS, INC. TO THE BUYER FOR ANY CAUSE OR COMBINATION OF CAUSES SHALL BE, IN THE TOTAL AMOUNT, LIMITED TO THE BUYER PREMIUM UNDER THIS CONTRACT.
b. NON-DELIVERY OF PURCHASED LOTS. If a lot cannot be delivered to the Buyer due to loss, theft, breakage, other damage, or acts of God, or for other reasons, the sale will be considered canceled and Aspire shall not be held liable.
4. AUCTION
a. REFUSAL OF ADMISSION. Aspire has the right, at its discretion, to refuse admission to its premises or participation in any auction and to reject any bid.
b. ORDER BIDS. "Order bids" are a method of bidding for those who cannot or do not wish to participate in an auction. Aspire, via its designated employee, may execute order bids as a convenience to its clients, who choose not to place their bids online. Aspire is not responsible for any errors or omissions in connection therewith.
c. RESERVE. Some of the lots are offered subject to a reserve, which is a minimum price below which the lot will not be sold. Aspire may, at its discretion, disclose the amount of reserve. Aspire may place bids on items that are subject to reserve.
d. ASPIRE'S DISCRETION. Aspire reserves discretion in the following matters: (i) Aspire may withdraw any property before sale and/or divide and/or combine lots; (ii) Aspire may reject any bid (the highest bidder acknowledged will be the purchaser), cancel the sale or advance bidding in such a manner as Aspire may decide; (iii) in the event of any dispute between bidders, or in the event of doubt on Aspire’s part as to the validity of any bid, Aspire will have the final discretion either to determine the successful bidder or to re-offer and resell the lot/s in dispute; (iv) if any dispute arises after the sale Aspire's sale record is conclusive; (v) any and all of the conditions of this agreement may be waived or modified in the sole discretion of Aspire Auctions, Inc.
e. SUCCESSFUL BID AND PASSING OF RISK. Subject to Aspire's discretion (see Paragraph 4(d) above), the highest bidder accepted by Aspire, will be the Buyer of the lot and the closing of the lot by the Aspire’s auction software marks the acceptance of the highest bid and conclusion of the contract for sale between the Seller and the Buyer. Risk and responsibility for the lot passes to the Buyer after ten (10) calendar days from the date of the sale or collection of the lot by the Buyer, whichever is earlier.
f. POST-AUCTION SALE OF LOTS. Any post-auction sale of lots offered at an auction shall incorporate this Agreement as if sold at an auction.
5. PAYMENT, SHIPPING AND HANDLING; RETURNS
a. BUYER PREMIUM. In addition to the highest bid accepted by Aspire, which becomes the sale price, the Buyer agrees to pay the Buyer's premium together with all applicable sales or use taxes. The Buyer's premium is 15% of the sale price on each lot. The credit card You provided when You registered to bid will be charged for the total amount of the purchase price unless You have notified us that You would like to pay by check. If You have notified us that You will pay by check, we reserve the right to charge Your credit card if we do not receive Your check within ten (10) days of the sale. Property will be released for pickup, or for packing and shipping, upon payment. Credit Card payments over $2000 are subject to a 17% Buyers premium.
b. PAYMENT AND PASSING OF TITLE. If not done during registration to bid, immediately following the sale, the Buyer must provide Aspire with the Buyer's name, permanent address, and if so requested, details of the bank, from which the payment will be made. The Buyer must pay the full amount due (sale price, Buyer premium, and applicable taxes) no later then 5pm of the tenth (10th) calendar day following the sale. This applies even if the Buyer wishes to export the property and an export license is, or may be, required. The Buyer will not acquire the tile to the lot until all amounts due to Aspire from the Buyer have been received by Aspire in good cleared funds, even in circumstances where Aspire have released the lot to the Buyer.
c. COLLECTION OF PURCHASES. Aspire is entitled to retain the sold property until all funds due to Aspire are received in full in good and cleared funds. Subject to this, the Buyer shall collect the purchased lots within fourteen (14) calendar days of the day of sale, unless otherwise agreed between Aspire and the Buyer. If property is not picked up within thirty (30) calendar days following the date of sale, whether or not payment has been made, Aspire reserves the right to charge $10 per lot per day or to deliver said property to a public warehouse for storage at the Buyer's expense. Aspire shall have no liability for any damage to property left on its premises for more than fourteen (14) calendar days following the sale (please refer to Paragraph 5(d)). Purchased lots, which are paid for but left on Aspire's premises for any reason in excess of one (1) year, are considered abandoned. In case of abandonment Aspire reserves the right to dispose of the property in a manner it sees fit and retain the proceeds.
d. PACKING, HANDLING, AND SHIPPING. Aspire will pack small lots. Larger, more difficult lots will be packed professionally (by a reputable outside company selected by Aspire) and shipped to the address You provide when You registered to bid, unless You notify Aspire that You would like to make different shipping arrangements. A separate charge will appear on Your credit card for shipping and handling. If You have purchased a large number of items and/or Your shipment requires extraordinary handling Aspire will contact You before shipping. Aspire will not be responsible for the acts or omissions of carriers or packers whether or not recommended by Aspire. Purchased lots will not be released to the carrier without payment made in full by the Buyer.
e. EXPORT LICENSES. "Export license" shall include any and all forms, paperwork, inspections, clearances, etc. required by U.S. Government for successful export of the purchased property outside the United States. Unless otherwise agreed in writing, the fact that the Buyer needs to apply for and obtain export license does not affect the Buyer's obligation to pay Aspire amounts due in full within ten (10) calendar days, nor Aspire's right to charge storage fees and interest on late payments. If the Buyer requests Aspire to obtain export license on the Buyer's behalf, Aspire may charge extra for such service. Aspire shall not be obligated to rescind the sale nor to refund payments made along with any storage fees and/or interests incurred in circumstances where (i) an export license is required; (ii) the Buyer was not able to successfully export from the United States and/or import into the Buyer's country of choice the purchased property for whatever reason. Aspire shall not be held responsible for acts or omissions of any third party involved in the process of obtaining, preparing, processing, or otherwise handling an export license.
f. NONPAYMENT. Payment will not be deemed to have been made in full until Aspire has collected funds represented by checks, or in the case of bank or cashier's checks, Aspire has confirmed their authenticity. If Aspire does not receive payment in full, in good cleared funds, within ten (10) calendar days following the sale, Aspire reserves the right to exercise one or more of the following measures, in addition to actions allowed by law: (a) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price; (b) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (c) to cancel the sale; (d) to resell the property publicly or privately with such terms as Aspire finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Aspire's commission on both sales, all other charges due hereunder, and incidental damages; (e) to block the Buyer from participation in future auctions; (f) to take other measures Aspire deems fit. In addition, a defaulting Buyer will be deemed to have granted Aspire a security interest in, and Aspire may retain as collateral security for such Buyer's obligations to Aspire, any property in Aspire's possession owned by such Buyer.
g. RETURN OF PROPERTY. If Aspire sells an item, which subsequently is shown to be a "counterfeit", Aspire will set aside the sale and refund to the Buyer the total amount paid by the Buyer to Aspire. For these purposes "counterfeit" shall mean a lot that is in Aspire's reasonable opinion is an imitation created to deceive as to authorship, origin, age, date, period, culture or source, where the correct description of such matters is not reflected by the description in the catalogue. No lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repairing or over-painting/in-paining). Please note that this provision does not apply if (i) the catalogue description was in accordance with the generally accepted opinion(s) of scholar(s) and expert(s) on the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or (ii) the only method of establishing at the date of the sale that the lot was counterfeit would have been by means of processes not generally available or accepted, unreasonably expensive or impractical to use. Aspire will accept returns of property, preserved in the same condition as at the time of sale, and only if the return request is made within thirty (30) days from the date of sale along with written statement explaining why the lot is thought to be counterfeit and supported by the opinion of an independent and recognized expert in the field. Aspire shall not be bound by the opinion of this expert and reserves the right to seek additional expert opinion at its own expense. Aspire reserves discretion to waive any of these requirements.
6. DISPUTE RESOLUTION AND MISCELLEANEOUS
a. GOVERNING LAW. The laws of the State of Ohio govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
b. ARBITRATION. Buyer agrees that any controversy or claim arising out of or relating to this Agreement or Aspire's services shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cleveland, Ohio, and any court having jurisdiction thereof may enter Judgment on the arbitration award. Either Buyer or Aspire Auctions, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Cleveland, Ohio, necessary to protect the Buyer's rights, the property, or Aspire's rights pending the completion of arbitration, and Buyer hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Agreement.
c. TIME FOR BRINGING LEGAL ACTION. Buyer shall initiate any action or claim arising out of or relating to this Agreement within six (6) months of its accrual.
d. COPYRIGHT. The copyright in all images, illustrations, auction website pages and postings, and other written materials produced by or for Aspire relating to any lot including the contents of the catalogue, is and shall remain at all times the property of Aspire and shall not be used by the Buyer or any other person without Aspire's prior written consent. Aspire and its Sellers make no representation or warranty as to whether the Buyer acquires any copyright or other reproduction rights in the property.
e. SEVERABILITY. If any part of this Agreement is found by a court of any jurisdiction to be invalid, illegal or unenforceable, that part shall be discounted and the other parts of the Agreement shall continue to be valid to the fullest extent permitted by law.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL TERMS AND CONDITIONS OF THIS AGREEMENT.