Detroit Building Authority
Auction Terms and Conditions
Your use of this auction site marks your acceptance in full of these Terms and Conditions including Waiver and Release of Liability.
2. All seats and components sold are subject to the terms and conditions herein and also outlined in the Overall Terms and Conditions of Sale.
3. Seats are being sold on an “As-Is” basis, with all faults. All sales are final and without any warranties, expressed or implied, other than authenticity.
4. Conditions of seats vary and are being sold as memorabilia only. Once the seats are dismounted from their existing mounts, they will become unstable and require proper mounting for safe use. Buyers should note that these seats are not new and have not been refurbished. It is the Buyer’s responsibility to
a. contract with a professional to determine suitability of mounting surfaces and foundations
b. to properly mount the seats on a surface that will provide proper stability for safe use on a surface suitable for safe mounting.
c. to acquire proper mounting brackets and adhere to the instruction provided by the manufacturer for proper installation and safe use to prevent tipping over or injury.
5. The Agent/Auctioneer and the Seller assume no responsibility for any injury sustained from improper use or installation or from brackets and/or feet purchased for any purpose.
6. Seats, seat backs and arms will be sold typically in pairs on a per seat price, and any published removal costs. Applicable sales tax will also be charged, unless buyer is a qualified as tax exempt. Tax exemption must be proven to the satisfaction of the Agent/Auctioneer and documentation must be provided.
7. Buyers of the seats are purchasing them FOB at the Joe Louis Arena site. Agent/Auctioneer may arrange for packaging and shipping for additional fees and these fees will be posted on the websites www.orbitbid.com and/or www.rlevyinc.com/sales .
8. Seats collected on site will be loaded as a courtesy. Buyer assumes all liability for damage to purchased seats and or vehicle resulting from packing, shipping and loading process.
9. It is the sole responsibility of the purchaser to properly secure seats to their vehicles to insure safe transportation. Purchasers must supply their own tie downs, cords or other devices to secure the seats to their vehicles.
10. All seats are being sold on a first come first serve basis. Agent/Auctioneer will be the sole arbiter over any conflicts and the decision will be final.
11. Season ticket holders will have the first priority to purchase their seats for a specified period of time before the balance of seats are opened to the public. Most recent season ticket holders will have priority. Verification may be required in the event that we receive more than one request for a given seat.
12. Agent/Auctioneer will attempt to satisfy all buyers of seats requesting particular seats, however Agent/Auctioneer will be the sole authority on which seats will be awarded to buyers. There will be no refunds or exchanges.
13. All Seats sold from the Joe Louis Arena are warranted to be seats from The Joe Louis Arena. A Certificate of Authenticity will be provided for each seat by the Agent/Auctioneer.
WAIVER AND RELEASE OF LIABILITY
Sale of Assets For Joe Louis Arena, Detroit, Michigan
In consideration of the risk of injury while participating in the sale of assets, including direct sales, negotiated sales, sealed bid sales and auction sales, (the “Activity”) and as consideration for the right to participate in the Activity, I hereby, for myself my heirs, executors, administrators, assigns, or personal representative, knowingly and voluntarily enter into this waiver and release of lien and hereby waive any and all rights, claim or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge the City of Detroit, the Detroit Building Authority, and their affiliates, managers, members, agents, attorneys, staff volunteers, heirs, representatives, predecessors, successors and assigns, for any physical injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this activity.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely on my own. I am aware of the risks associated with participating in this activity which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary apartment disability and clean paralysis, economic or emotional loss, and death. I understand that these injuries or outcomes may arise for my own or other’s conditions related to travel on the condition of the Activity locations.
I agreed to indemnify and hold harmless the City of Detroit and the Detroit Building Authority, against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorneys fees and any related costs, if litigation arises pursuing to any claims made by me or by anyone else acting on my behalf. If the City of Detroit or the Detroit Building Authority, incurs any of these types of expenses, I agree to reimburse the City of Detroit and the Detroit Building Authority.
I acknowledge that the City of Detroit, the Detroit Building Authority and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the City of Detroit or the Detroit Building Authority.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge the City of Detroit and the Detroit Building Authority, and all of its affiliates, members, managers, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims of cause of action and I agreed to voluntarily give up or waive any right that I otherwise have to bring a legal action against the City of Detroit and the Detroit Building Authority, for personal injury or personal damage.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family, contractor or vendor’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
Participant agrees to remove items at their own risk and participants assume responsibility for liability caused by them for any injury or damage. If an item requires special tools for removal, requires disassembly for removal, the Participant may utilize if needed, special tools. Participant must use a licensed and bonded moving company, or other applicable contractor or insured individual to remove item(s). Participant is responsible to ensure the equipment is removed during the stated removal times. Participant is responsible for tidy and safe removal of any item from the Activity.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. The Participant, the City of Detroit and the Detroit Building Authority, agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability should be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the severed clause does not affect the intent of the parties. If a court shall find any provisions of this agreement to be invalid or unenforceable, but that in limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned Participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, and I fully understand its content in that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
Participant agrees they have received a copy of this Agreement.