Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because of an election pursuant to Paragraph 10(e) above, you agree that any claim, controversy, or dispute that has arisen or may arise between you and Juliens Auctions must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. Lots will be released to you (or the shipping company, as applicable) upon our receipt of payment of the Total Purchase Price in full from you. Bidders participating in both live and online auctions acknowledge that the law provides for substantial penalties for those who violate these provisions. 
we and the Consignor are not responsible for errors and omissions in the catalogue, online listings or any other supplemental material. THE PARTIES ACKNOWLEDGE THAT THE FEES AGREED UPON BETWEEN YOU AND JULIENS AUCTIONS ARE BASED IN PART ON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Julien Entertainment.com, Inc., a California corporation d/b/a Juliens Auctions ( Juliens Auctions, Company, we, our, or us) hereby provides the following terms (Auction Terms and Conditions) to apply to sales by Bids conducted by Juliens Auctions (each an Auction and collectively, the Auctions). All Auctions conducted by Juliens Auctions, and these Auction Terms and Conditions, are governed by the laws of the State of California. 
LOT 599: PIERCE BROSNAN "JAMES BOND" HERO WALTHER P99 PISTOL FROM TOMORROW NEVER DIES. (b) First time Bidders. Shipping. Capitalized terms not defined in these Juliens Live Auction Terms and Conditions have the meanings set forth in our Terms of Use. Juliens Auctions, in its sole and absolute discretion, reserves the right to approve or reject Bidders for its Auctions at any time. Lot Rights.
we do not warrant any aspect of content in our catalogues other than the Attribution of Lots. Both parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice. For all Lots where the Winning Bid is submitted online via the Service, an additional three percent (3%) of the Hammer Price (the Online Service Fee) will be added to the Buyers Premium amount detailed immediately above. If it is determined to our satisfaction that the Attribution is incorrect, the Sale will be rescinded if the Lot is returned to the Juliens Auctions warehouse facility in the same condition in which it was at the time of Sale. For individual Lots with a hammer Price of one hundred United States Dollars and one cent ($100.01) to one million United States Dollars and zero cents ($1,000,000.00), a Buyers Premium of twenty-five percent (25%) will be added to the Hammer Price. Processing fees for credit card payments may apply. Winning Bidder agrees that in addition to the Hammer Price, the Lot will be subject to an additional charge on the Hammer Price as part of the Total Purchase Price (the Buyers Premium). If you are a telephone or in- person Bidder, it is your responsibility to monitor the Lot(s) for which you placed Bid(s) in the event you are outbid. Auctions may be conducted live in-person, online via http://www.julienslive.com (the Service), or both. Buyer must provide a Handgun Safety Certificate or obtain one through Little Johns or in conjunction with your local FFL/gun shop if you do not already possess one. For live auctions the Auctioneer will have final discretion in the event that any dispute should arise between Bidders. Juliens Auctions reserves the right to accept or decline any Bid. If, after thirty (30) days following your payment of the Total Purchase Price, the Lot is not removed: (A) a handling charge of eight dollars ($8.00) per day or one percent (1%) of the Total Purchase Price per month, whichever is greater, will be payable to us by the Winning Bidder, with a minimum of five hundred dollars ($500.00) or five percent (5%) of the Total Purchase Price for any Lot not so removed within sixty (60) calendar days after the Sale, whichever is greater (the Storage Fees); and (B) we may send the Lot to a public warehouse or storage facility, at Winning Bidders sole risk and expense. BY AGREEING TO THESE AUCTION TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), A JURY TRIAL, OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. Upon conclusion of the Auction, we will provide the Winning Bidder with an accounting statement of the Total Purchase Price by email. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Juliens Auctions under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. 04/28/2021 10:00 AM PDT IF YOU ARE A NEW JULIENS AUCTIONS USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (OPT- OUT) BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@JULIENSAUCTIONS.COM (OPT-OUT NOTICE) OR VIA US MAIL TO: JULIEN ENTERTAINMENT.COM, INC., 8630 HAYDEN PLACE, CULVER CITY, CA 90232. except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or Content made available to you by Juliens Auctions orally or in writing regardless of form of media. (d) Entire Agreement. COMPANYS MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, WILL BE LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS ($500) AND THE TOTAL PURCHASE PRICE PAID OR PAYABLE BY YOU TO JULIENS AUCTIONS. Example: The Hammer Price on a Lot is two hundred and fifty thousand United States Dollars ($250,000.00), with the highest Bid being placed online via the Service. All sales are final and winners cannot cancel. Juliens Auctions will have final discretion to resolve any disputes arising after the sale and in online auctions. The laws of the State of California, and applicable federal law, will govern all Covered Matters. (c) Trademarks. All invoices under five thousand United States Dollars ($5,000.00) will automatically be charged to the credit card on file unless prior arrangements are made. Purchasers are responsible for compliance with all laws and regulations applicable to the international purchase and shipment of items. Payment will not be deemed to have been made in full until we have collected good funds. BY AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. If the monies received through the sale of the items exceed your outstanding obligations, the excess, minus any fees or costs incurred by Juliens Auctions in connection with and arising out of the sale of the properties, shall be refunded to you. The Superlab was center to a lot of action and drama throughout Season 3 and Season 4 of Breaking Bad, first seen by Walter White as an amazing opportunity though it ultimately became something much darker. All rights not expressly licensed to you in these Auction. (d) Award. (b) Buyers Premium. Subject to the exclusions below, we make no warranties to information not contained in headings. (ii) Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non- representative) basis. (d) Minors. (g) Term of Registration. Payments. (f) Approval of Registration. Intellectual Property right means any patent, copyright, trade or service mark, trade dress, trade name, database right, goodwill, logo, trade secret right, or any other intellectual property right or proprietary information right, in each case whether registered or unregistered, and whether arising in any jurisdiction, including without limitation all rights of registrations, applications, and renewals thereof and causes of action for infringement or misappropriation related to any of the foregoing. The headings of the sections of these Auction Terms and Conditions are for convenience only and do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe its meaning, scope or intent. Juliens Auctions, The Auction House to the Stars, Juliens Auctions the Auction House to the Stars, and other logos and service names are trademarks, registered trademarks or trade dress of Julien entertainment.com, Inc. Juliens Auctions trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Juliens Auctions.
In the event you are the Winning Bidder on a Lot and prior to an Auction you provided us with a deposit for your Bid which exceeds the Total Purchase Price, we will return any such excess within thirty (30) business days of the conclusion of the Auction, unless delay is compelled by (A) legal proceedings, or (B) our inability, through no fault of our own, to transfer title to the Lot or comply with any provision of California Civil Code Section 1812.600- 1812.609, the California Commercial Code, the California Code of Civil Procedure, or other provision of applicable law. (h) Severability. Special Note Regarding COVID-19: Please allow for additional time for packaging, shipping and delivery in the event that 1) federal, state, and/or local governments and municipalities impose business operating restrictions and/or 2) any other unforeseen circumstances arise related to COVID-19 that may affect our ability to prepare and ship items within our standard timeframes. This written consent constitutes an agreement to be bound thereby on behalf of the Bidder. Registration forms must be completed at this location or at your local FFL/gun shop, and the firearms must be transferred to your local FFL/gun shop. Our online auction Service is provided As Is and As Available. high speed internet access is required to access the Service effectively.
We (and/or our third-party payment processor) may verify credit card information in order to register. except for the Attribution warranty, all property is sold As Is. You may choose to, or we may invite you to, submit comments or ideas about our Auctions, including without limitation about how to improve our operations, our Service, and/or our products (Ideas). (g) No Third Party Beneficiaries. Each Auction requires a separate registration; Bidders with a Member Account may register for Auctions via their account. Payments Options: We accept payment by check, bank wire, MasterCard, VISA, and AMEX. This process can take from 3-6 months. All Lots must be removed from our premises by the Winning Bidder within thirty (30) calendar days of the conclusion of the Auction at the Winning Bidders own expense. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. You agree to defend, indemnify and hold harmless Juliens Auctions and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from your violation of any term of these Auction Terms and Conditions, including without limitation, (i) your breach of any of the representations and warranties herein; (ii) your violation of any law, rule or regulation of the United States or any other country. Attorneys fees and expenses includes, without limitation, paralegals fees and expenses, attorneys consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party or its attorneys in the course of their representation of the prevailing party in anticipation of and/or during the course of the litigation, whether or not otherwise recoverable as attorneys fees or as costs under California law; and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys fees. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@juliensauctions.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of your issue. Late Payment Fees. If you intend to pick up your items as the Winning Bidder, arrangements must be made upon payment of the Total Purchase Price for the Lot. Please allow 2-12 weeks for the delivery of your Lot to you; delivery time is dependent upon the size of the Auction, the destination address of the Lot, and the method of transportation to deliver the Lot. While Juliens Auctions customarily produces printed catalogues of all Lots available for an Auction, such catalogues are for illustrative purposes only. Juliens Auctions further reserves the right to prohibit defaulting Purchasers from being approved for registration at future Auctions. this procedure is the only way you can opt out of the agreement to arbitrate. (k) No Waiver. 
Attribution is defined by Juliens Auctions as the creator, period, culture, or source of origin, as the case may be as stated in the (i) heading set forth in bold type of a Lot in a live auction catalogue, as amended by any statements by the Auctioneer and/or written salesroom notices and announcements (Bold type heading) or (ii) the lot title of an online auction, as amended by any online notices and announcements (Online Lot heading) (Bold type heading and Online Lot heading collectively, headings). THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. (b) Content. In connection with making Bids, Bidders agree that the registered Bidder with the highest Bid at the close of the Auction will be obligated to purchase the Lot. NOTICE (California residents): This firearm cannot be transferred to California residents. written consent must acknowledge the Terms and Conditions of sale. (j) Headings. Online sales may do the same by employing the use of a starting Bid which will commence bidding at or below the reserve price agreed to by the Consignor. Excess Fund Return. If you are under 18 years of age you may participate in Auctions only if you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Auction Terms and Conditions, and to abide by and comply with these Auction Terms and Conditions. In the event a Lot is removed from an Auction, notice will be provided (i) if an online Auction, by a posting on the Service and by email to Bidders who placed their Bid on such Lot via the Service, and (ii) if the Auction is an in-person Auction, at the physical location of the Auction. 
For verification purposes, Bidders who have not participated in an Auction are required to submit a copy of their (A) official government-issued identification (drivers license / passport / state identification card), and (B) credit card. In addition, a defaulting Purchaser will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of our owing to such Purchaser in our possession or in the possession of any of our affiliated companies, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours. It is the sole responsibility and risk of prospective Bidders to make the determination of whether a Lot is suitable for Bid. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms. (c) Remedies. You and Juliens Auctions agree that any dispute, controversy, or claim that has arisen or may arise between us relating in any way to your use of or access to the Auction, the Service, any interpretation, breach, enforcement, or termination of these Auction Terms and Conditions, or otherwise relating to Juliens Auctions in any way (collectively, Covered Matters) will be resolved in accordance with the provisions set forth in this Section 10. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICE, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER WAIVED AND BARRED. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Auction Terms and Conditions, including, any claim that all or any part of these Auction Terms and Conditions is void or voidable or that a particular claim is subject to arbitration. Bids must be for an entire Lot. If any provision of these Auction Terms and Conditions is held by a court or arbitrator of competent jurisdiction to be contrary to law, such provision shall be changed by the court or by the arbitrator and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Auction Terms and Conditions shall remain in full force and effect. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. (a) Risk of Loss; Release of Lots. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for Lot(s).