AUCTION RULES

Please read the following Auction Rules closely.

REGISTRATION

You must register online in order to bid in an online auction.  If you have registered for a previous Goodwin & Co. internet auction, please use your previously established username and password to bid.  Auction registration takes only a few moments.  Please log on to www.goodwinandco.com and click on the “Register” tab.  Please enter all of the required information, check the box confirming that you have read and accept these rules, and click “Submit” at the bottom of the page.  You will receive an email confirming your registration upon registering.

During registration, you will create a username and password.  Keep your username and password in a safe place for future reference, as they will remain your username and password for all future Goodwin & Co. internet auctions.  If you forget or lose your username, password, or Bidder Id, you can click on “Forgot Bidder Id” and/or “Forgot Password” found on the “My Account” page or contact Goodwin & Co. at (314) 849-9798 (phone) or bill@goodwinandco.com (email).

You will only need to register once for an auction.  You must be logged in at www.goodwinandco.com to place a bid.  Goodwin & Co. reserves the right to review and approve or deny every new registrant based on information you provide during the registration process and/or information provided by any of your references.  If you are denied for any reason, Goodwin & Co. will notify you via email. 

By registering, you are acknowledging that you have read and understand these Auction Rules and are agreeing to all terms and conditions contained herein.  Goodwin & Co. in its sole discretion reserves the right to change or modify any of the terms and conditions contained in these Auction Rules, at any time. Any changes will be effective upon posting of the revisions on the auction website. Goodwin & Co. will post a notice of any changes to these Auction Rules on the website for thirty (30) days. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of the auction website and Goodwin & Co.’s services following our posting of changes to these Auction Rules will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE Goodwin & Co.’s SERVICES. Any breach or violation of the terms of this agreement constitutes a breach of contract with Goodwin & Co. and may result in consequences including but not limited to, termination of the account without notice or refunds, and potentially legal action.

In its sole discretion and for any reason, Goodwin & Co. retains the right to revoke an account and any bids placed by that account.  In the event that an account and any bids are revoked, the account holder will be notified by phone and/or email.

If you encounter and difficulties when registering, please contact Goodwin & Co. at (314) 849-9798 (phone) or bill@goodwinandco.com (email).

All registration and bidder information shall remain confidential within Goodwin & Co. internet auctions.

BIDDING

All items that meet reserve are sold to the highest bidder.  Bidding for all lots for this auction will open on March 11, 2017 at www.goodwinandco.com.  Bidders may make bids online or by telephone.

Telephone bidding:  Telephone bids will be accepted between 8:00 a.m. and 6:00 p.m. Central Standard Time (CDT), Monday through Friday, at (314) 849-9798, except for the auction closing date when bidding will continue until 9:00 p.m. CDT, and then through the conclusion of the Extended Bidding Period. 

Online bidding:  Online bidding will be open 24 hours a day, except for the auction closing date when bidding will continue until 9:00 p.m. CDT, and then through the conclusion of the Extended Bidding Period.

Placing a bid is a legal contract.  You cannot retract a bid once you place it.  In the event of a disagreement regarding bids, Goodwin & Co.’s determination shall be final.  Goodwin & Co. reserves the right to accept, reject, refuse to honor, or limit the amounts of any or all bids by any bidder for any reason and in its sole discretion.

You as the User represent and warrant that all information submitted is true, accurate and correct.  You also represent and warrant that no other party or authorization is required for you to lawfully enter into this agreement.

The Preliminary Bidding Period will end on March 30, 2017 at 9:00 p.m. CDT.  In order to be eligible to bid on a lot during the Extended Bidding Period which begins at 9:00 p.m. CDT on March 30, 2017, you must have placed a bid on that lot before the end of the Preliminary Bidding Period.  If you have not bid on the lot before 9:00 p.m. CDT on March 30, 2017, you cannot bid on the lot after 9:00 p.m. CDT.  A 15-minute rule will apply during the Extended Bidding Period.  This means the Extended Bidding Period will remain open until 15 minutes pass without a bid being placed on any item in the auction.  The auction will close automatically if 15 minutes pass after the last bid is placed and no new bid is placed on any auction item.  No new bids will be accepted after the auctions closes, and each lot will be awarded to the highest bidder.

In the event that two bids of the same increment are placed on an item, the first bid will be honored.

Consignor bidding and shill biddingConsignor bidding and shill bidding are strictly prohibited.  Bid manipulation of any kind is expressly forbidden.  A consignor may not place bids or arrange to have bids placed on his or her behalf.  Shill bidding is any bid(s) placed by a person or persons to drive up the final price paid and realized without intent to actually take ownership of the lot.  It is against the law to make bids in a false name or with an invalid payment method, even if Goodwin & Co.’s software initially accepts a bid.  Fraudulent bidders will be prosecuted to the fullest extent of the law.

BID NOTIFICATIONS

When you place a successful bid that makes you the current high bidder on a lot, you will be notified by email that you are the current high bidder.  You will also be notified by email if you are outbid (please be sure your settings are set to receive outbid notices). 

MINIMUM BIDS, BIDDING INCREMENTS & TOP ALL BIDS

Minimum Bids:  Each lot in the auction has a minimum bid.  The minimum bid is the lowest amount that Goodwin & Co. will accept for a lot.

Bidding Increments:  When bidding, you will be able to view the current high bid for each lot.  When you want to bid, you will click through to the individual lot page.  Bid increments are set at 10% increases.

Top All Bids:  Top All Bids are generally set to the most a bidder is willing to spend for a lot.  If you select a Top All Bids, you are instructing the auction house to competitively bid on your behalf up to (but not over) a given limit.  The auction program will bid incrementally on your behalf one bid at a time up to but not exceeding your “maximum” bid amount with the intention of winning the item at the lowest possible price under your maximum bid.  In the event that two or more bidders place the same Top All Bids, then the earliest received bid will be recognized as the successful high bid.  Top All Bids are welcome and held in the strictest of confidence for the protection of both bidders and consignors. 

HAMMER PRICE & BUYER’S PREMIUM

The bid amounts placed in the sale at www.goodwinandco.com are sometimes also referred to as the hammer prices.  A Buyer’s Premium will be added to the winning bid or hammer price and is payable by the purchaser as part of the total purchase price.  The Buyer’s Premium is equal to 20% of the winning bid price.

For example, in the event you win a lot with a successful bid price (hammer price) of $1,000, then your total cost for that lot will be equal to the $1,000 successful bid price plus the 20% Buyer’s Premium.  In this example, the total cost for the lot will equal $1,200 (plus shipping, handling, insurance, and sales tax, if applicable).

INVOICING, TAXES & FEES

Invoices will be emailed to all winning bidders.  Invoices are also available online within 24 hours following the close of the auction.  Winning bidders who do not have access to internet or email may request a paper invoice be mailed to them by calling or emailing the Monday after auction close or notifying Goodwin & Co. in advance.  Invoices are due and payable within 14 days after the close of the auction (March 30, 2017).

Shipping, packaging, insurance, and Texas sales tax (if applicable) will be included on the invoice.  State sales tax will be charged to items purchased in or shipped to the State of Texas unless you provide a valid and current exempt resale certificate. 

Certain countries, regions, states, and municipalities may charge taxes or fees to buyers living in their jurisdictions.  Please familiarize yourself with these and how they will affect your purchase prior to bidding.

PAYMENT & SHIPPING

Payment:  Payment must be received by April 13, 2017.  Payment may be in the form of PayPal transfer, personal checks, cashier’s checks, money orders, or wire transfers.  Credit cards are accepted as payment up to $2,500.00 for this auction.

Payment may be mailed to Beckett Media, Attn. Goodwin & Co., 4635 McEwen Rd., Dallas, Texas  75244.

For PayPal and wire transfers, please include your username and lot numbers purchased as the “additional information” that you may provide when sending the transfers.

Failure to pay amounts due are violations of this agreement and could result in collection efforts, including but not limited to, legal action.  You agree to pay all collection costs associated with any collection efforts of past due amounts, including but not limited to reasonable attorney fees and court costs.

Shipping:  Payment for your invoice must clear in full prior to shipping.  All items will be shipped in the order that payments are received.  Please allow up to four (4) business days following clearance of payment for items to ship.  While Goodwin & Co. will choose a reasonable and appropriate shipping method, you are welcome to contact Goodwin & Co. to discuss shipping methods.  Extremely large or heavy items may require special shipping arrangements.  You may also contact Goodwin & Co. for any shipping estimates for lots.  Packages will be shipped to the shipping address identified in your account.

ACCEPTING CONSIGNMENTS

Goodwin & Co. is actively seeking consignments of collections and individual items.  Please contact Goodwin & Co. today at (314) 849-9798 (phone) or bill@goodwinandco.com (email) to discuss the consignment of your sports memorabilia and cards.

TITLES & LOT DESCRIPTIONS

Titles and detailed lot descriptions are included for each lot.  Please read the detailed lot description for a complete description of the contents, conditions, quantities, and details of each lot.  Any error in a title or lot description will be dealt with at Goodwin & Co.’s discretion.  Please contact Goodwin & Co. with any questions prior to placing a bid on any lot.

PRODUCT INFORMATION, GRADING & AUTHENTICATION

Product Information:  All population figures come from the BGS, SGC or PSA Online Population Report as of February 18, 2017. 

Grading:  Grading is subjective.  Goodwin & Co. makes every effort to point out relevant flaws and it provides large photographs online.  Goodwin & Co. does not guarantee that its grades will conform to the standards of third party authenticators (TPAs), and Goodwin & Co. is not bound by the opinions of any authenticators, grading services, or “experts.”  All measurements given in the descriptions are approximate.

Authentication:  The provenance and authenticity of the items offered in the auction have been researched extensively.  Goodwin & Co. has employed the services of the foremost independent authentication firms such as BGS, SGC or PSA for card grading and authentication services; PSA/DNA (Professional Sports Authenticator), BSA (Beckett Authentication Services) and JSA (James Spence Authentication) for autograph identification; and MEARS (Memorabilia Evaluation And Research Services) and PSA/DNA (John Taube) for game-used equipment.  LOAs (Letters of Authenticity) from TPAs, as well as those from relevant sources, are indicated in the lot description online at www.goodwinandco.com.  Please note that it is the responsibility of the bidder to review the lot description for each lot in order to determine what form of authentication may accompany each item.

ADDITIONAL TERMS

The title to each lot will remain with Goodwin & Co. or the consignor until payment has cleared. 

Goodwin & Co. retains the right to withdraw any item in the auction at any time for any reason whatsoever and shall have no liability for such withdrawal.

All title and lot description references to BGS, SGC or PSA population reports, values, and set registry rankings are as of February 18, 2017.

Goodwin & Co. retains the right to cancel any sale if payment is not received within 30 days following the closing date of the auction.  Goodwin & Co. retains the right to revoke future bidding privileges for accounts that are not paid in full within 30 days following the closing date of the auction.  If a winning bidder does not pay an invoice in full within 30 days following the closing of the closing date of the auction, Goodwin & Co. retains the right to cancel the sale and return the item(s) to the consignor(s), sell the given item(s) to an under-bidder, re-offer the item(s) at subsequent auction(s) or for private sale, dispose of the item(s) by other means, or hold the non-paying winning bidder liable for the entire purchase price.  In either case, the non-paying winning bidder will be responsible for any and all losses incurred, as well as for all service charges and/or commissions related to the subsequent sale.  The non-paying winning bidder agrees to pay any and all costs of collection, including legal fees incurred by Goodwin & Co. in collection of these losses.  Further, the non-paying winning bidder understands that Goodwin & Co. may, in its discretion, share his or her information with other auction houses or in its publications.

Goodwin & Co. retains the right to postpone or delay the auction for any reason, including for reasons beyond its control, without recourse from any account holder or bidder.

Goodwin & Co. may occasionally experience Internet or service outages and may periodically schedule system maintenance and other purposes, during which bidders cannot participate or place bids.  If such outages occur, Goodwin & Co. may at its discretion extend bidding for the auction, and/or allow a bid to be placed by a bidder who was unable to bid by deadline due to lockup or Internet traffic.  Goodwin & Co. is not responsible for system errors and/or software problems if they occur during an auction.  Bidders unable to place bids through the Internet should contact Goodwin & Co. at (314) 849-9798 (phone) or bill@goodwinandco.com (email)

AS IS

All property is sold “as is” without any representations or warranties by Goodwin & Co. or the consignor(s) as to merchantability, fitness for a particular purpose, the correctness of the description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature, or historical relevance of any property and no statement anywhere, whether oral or written, whether made in a description, an advertisement, a bill of sale, a posting or announcement, or elsewhere, shall be deemed such a warranty, representation, or assumption of liability.  Goodwin & Co. and the consignor(s) make no representations or warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, any reproduction rights in any property.  Goodwin & Co. and the consignor(s) are not responsible for errors or omissions in the online or supplemental materials or in regards to the failure of the auction program to execute any bids on behalf of the bidder.

NO RETURNS

All sales are final.  There are no returns.

LIMITATION OF LIABILITY

In no event will the liability of Goodwin & Co. exceed the fees charged by Goodwin & Co. for the purchase for any lot/item.  Goodwin & Co. shall have no liability to any claims made by any bidder who is not the winning bidder of a particular lot or lots.

GENERAL RELEASE

Goodwin & Co. is not a seller, buyer, or bailee of any goods posted for sale on the Goodwin site and all sale transactions are strictly between buyers, sellers or other participants. In the event a dispute arises between one or more participants each party releases, and agrees to indemnify and hold Goodwin & Co. (and its agents, employees, officers and directors) harmless from and against any and all claims, demands causes of action or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.

DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOODWIN & CO. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO PROPERTY PURCHASED THROUGH GOODWIN & CO.  GOODWIN & CO. MAKES NO GUARANTIES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE SERVICE PROVIDED BY THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES GOODWIN & CO. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  No advice or information, whether oral or written, obtained by user from Goodwin & Co. through the service shall create any warranty not expressly made herein.

INDEMNITY AND DEFENSE 

You, the User and Dealer, agree to defend, indemnify and hold harmless Goodwin & Co. and its affiliates, (and their respective employees, directors, agents,  representatives, successors and assigns) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell or trade, any content you provide, the advertisement, offer, sale, trade, or return of any products you sell or trade, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or trade, or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any auction, advertisement, offer, purchase or sale of products by you on or through any of Goodwin & Co’s websites, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

FURTHER LIMITATION OF LIABILITY 

In no event shall Goodwin & Co. be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this agreement, even if Goodwin & Co. has been advised of the possibility of same.