Common use of Terms of Guarantee Clause in Contracts

Terms of Guarantee. Profiles does not provide any guarantee or xxxxxx- xx to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale and specifically this Section 10. As set forth below and elsewhere in these Conditions of Sale, Profiles guaran- tees the authorship, origin, period, and culture of each lot in this catalogue in which the catalog’s lot description is printed in a Bold or Capitalized type heading, or as revised or amended by announcement before or during the auction. Except for the Bold and Capitalized headings and subject to the exclusions below, Profiles makes no warranties whatsoever, whether express or implied or by operation of law, with respect to any lots offered or any other material in the catalog. In the event Profiles in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, Profiles shall refund to the original purchaser of record the hammer price plus applicable Buyer’s Premium paid for the lot by the original purchaser of record. This Guarantee shall not apply if: (i) the catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) as of the date of the sale, or the catalogue description indicated that there were conflicting opinions; and/or (ii) the only means to establish that the Authorship was not as described in the Bold or Capitalized head- ing at the date of the sale would have been by method or processes nei- ther generally available nor accepted at such time; unreasonably expensive or impractical to utilize; or likely (in Profiles’ reasonable opinion) to have caused damage and/or loss of value to the lot; and/or (iii) there has been no material loss in the lot’s value from that which was disclosed in the catalog. The term of this Guarantee is five (5) years from the date of this auction. The Guarantee is non-transferrable and non-assignable, and is solely for the benefit of the original purchaser of record. To be eligible to make a claim under this Guarantee, the original purchaser of record must: (i) send written notice to Profiles within ninety (90) days after receiving information that causes the original purchaser of record to question the accuracy in any respect of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the specific reasons for such question; and (ii) return the lot to Profiles (a) in the same condition as it was when possession was transferred to the original purchaser of record and (ii) with sole title in and to the original purchaser of record free of any liens, encumbrances or third party claims arising after the date that possession was transferred to the original purchaser of record. Profiles, may, in its sole discretion, waive any of the above requirements. Profiles may also require the original purchaser of record to obtain at the sole expense of the original purchaser of record reports of two independent and recognized experts in the field, mutually acceptable to Profiles and the original purchaser of record. Profiles shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. Rescission of the sale and refund under this paragraph is exclusive and in lieu of and to the exclusion of any other remedy which may otherwise be available as a matter of law or equity. Neither Profiles nor the consignor shall be liable for any damages or damage claims including but not limited to consequential damages, losses of anticipated or actual profit or interest, punitive or exemplary damages, or any other incurred or claimed damages. Except as expressly set forth in this Section 10 above and in all other cases, all property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither Profiles nor the consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Profiles nor the consigner makes any representa- tion or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibi- tion or reproduction rights) or whether the property is subject to any limitations such as ‘droit morale’ (moral rights) or other rights affecting works of art. Bidder/Buyer acknowledges and agrees that if the prop- erty embodies any copyright, trademark, or other intellectual prop- erty, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied or reflected in such property, but is acquiring only such physical embodiment and/or reflection. Profiles does not make any representation or warranty as to title. All descriptions, pho- tographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, xxxx of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to fairly represent the lots and prop- erty offered for sale as to origin, date, condition, and other informa- tion contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Profiles urges Bidders to avail themselves accord- ingly. Lots and property are not returnable to Profiles for any reason except under Buyer’s limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13.

Terms of Guarantee. Profiles does not provide any guarantee or xxxxxx- xx warranty to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale and specifically this Section 10. As set forth below and elsewhere in these Conditions of Sale, Profiles guaran- tees guarantees the authorship, origin, period, and culture of each lot in this catalogue in which the catalog’s lot description is printed in a Bold or Capitalized type heading, or as revised or amended by announcement before or during the auction. Except for the Bold and Capitalized headings and subject to the exclusions below, Profiles makes no warranties whatsoever, whether express or implied or by operation of law, with respect to any lots offered or any other material in the catalog. In the event Profiles in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, Profiles shall refund to the original purchaser of record the hammer price plus applicable Buyer’s Premium paid for the lot by the original purchaser of record. This Guarantee shall not apply if: (i) the catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) as of the date of the sale, or the catalogue description indicated that there were conflicting opinions; and/or (ii) the only means to establish that the Authorship was not as described in the Bold or Capitalized head- ing heading at the date of the sale would have been by method or processes nei- ther neither generally available nor accepted at such time; unreasonably expensive or impractical to utilize; or likely (in Profiles’ reasonable opinion) to have caused damage and/or loss of value to the lot; and/or (iii) there has been no material loss in the lot’s value from that which was disclosed in the catalog. The term of this Guarantee is five (5) years from the date of this auction. The Guarantee is non-transferrable and non-assignable, and is solely for the benefit of the original purchaser of record. To be eligible to make a claim under this Guarantee, the original purchaser of record must: (i) send written notice to Profiles within ninety (90) days after receiving information that causes the original purchaser of record to question the accuracy in any respect of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the specific reasons for such question; and (ii) return the lot to Profiles (a) in the same condition as it was when possession was transferred to the original purchaser of record and (ii) with sole title in and to the original purchaser of record free of any liens, encumbrances or third party claims arising after the date that possession was transferred to the original purchaser of record. Profiles, may, in its sole discretion, waive any of the above requirements. Profiles may also require the original purchaser of record to obtain at the sole expense of the original purchaser of record reports of two independent and recognized experts in the field, mutually acceptable to Profiles and the original purchaser of record. Profiles shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. Rescission of the sale and refund under this paragraph is exclusive and in lieu of and to the exclusion of any other remedy which may otherwise be available as a matter of law or equity. Neither Profiles nor the consignor shall be liable for any damages or damage claims including but not limited to consequential damages, losses of anticipated or actual profit or interest, punitive or exemplary damages, or any other incurred or claimed damages. Except as expressly set forth in this Section 10 above and in all other cases, all property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither Profiles nor the consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Profiles nor the consigner makes any representa- tion representation or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibi- tion exhibition or reproduction rights) or whether the property is subject to any limitations such as ‘droit morale’ (moral rights) or other rights affecting works of art. Bidder/Buyer acknowledges and agrees that if the prop- erty property embodies any copyright, trademark, or other intellectual prop- ertyproperty, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied or reflected in such property, but is acquiring only such physical embodiment and/or reflection. Profiles does not make any representation or warranty as to title. All descriptions, pho- tographsphotographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, xxxx of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to fairly represent the lots and prop- erty property offered for sale as to origin, date, condition, and other informa- tion information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Profiles urges Bidders to avail themselves accord- inglyaccordingly. Lots and property are not returnable to Profiles for any reason except under Buyer’s limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13.

Terms of Guarantee. Profiles does not provide any guarantee or xxxxxx- xx warranty to Bidders or Buyers, whether express or implied, beyond those expressly provided pro- vided for in these Conditions of Sale and specifically this Section 10. As set forth below and elsewhere in these Conditions of Sale, Profiles guaran- tees guarantees the authorship, origin, period, and culture of each lot in this catalogue in which the catalog’s lot description is printed in a Bold or Capitalized type heading, or as revised or amended by announcement before or during the auction. Except for the Bold and Capitalized headings and subject to the exclusions below, Profiles makes no warranties whatsoever, whether express or implied or by operation of law, with respect to any lots offered or any other material in the catalog. In the event Profiles in its reasonable opinion deems that the conditions condi- tions of the Guarantee have been satisfied, Profiles shall refund to the original purchaser of record the hammer price plus applicable Buyer’s Premium paid for the lot by the original purchaser of record. .This Guarantee shall not apply if: (i) the catalogue description was in accordance with the opinion(s) of generally gener- ally accepted scholar(s) and expert(s) as of the date of the sale, or the catalogue description indicated that there were conflicting opinions; and/or (ii) the only means to establish that the Authorship was not as described in the Bold or Capitalized head- ing heading at the date of the sale would have been by method or processes nei- ther neither generally available nor accepted at such time; unreasonably expensive or impractical to utilize; or likely (in Profiles’ reasonable opinion) to have caused damage and/or loss of value to the lot; and/or (iii) there has been no material loss in the lot’s value from that which was disclosed in the catalog. The term of this Guarantee is five (5) years from the date of this auction. The Guarantee is non-transferrable and non-assignable, and is solely for the benefit of the original purchaser of record. To be eligible to make a claim under this Guarantee, the original purchaser of record must: (i) send written notice to Profiles within ninety (90) days after receiving information that causes the original purchaser of record to question the accuracy in any respect of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the specific reasons for such question; and (ii) return the lot to Profiles (a) in the same condition as it was when possession was transferred to the original purchaser of record and (ii) with sole title in and to the original purchaser of record free of any liens, encumbrances or third party claims arising after the date that possession pos- session was transferred to the original purchaser of record. Profiles, may, in its sole discretion, waive any of the above requirements. Profiles may also require the original purchaser of record to obtain at the sole expense of the original purchaser of record reports of two independent and recognized experts in the field, mutually acceptable to Profiles and the original purchaser of record. Profiles shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. Rescission of the sale and refund under this paragraph is exclusive and in lieu of and to the exclusion of any other remedy which may otherwise be available as a matter of law or equity. Neither Profiles nor the consignor shall be liable for any damages or damage claims including but not limited to consequential damages, losses of anticipated or actual profit or interest, punitive or exemplary damages, or any other incurred or claimed damages. Except as expressly set forth in this Section 10 above and in all other cases, all property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither Profiles nor the consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of descriptionde- scription, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuinenessgenuine- ness, value, or period of the property. Additionally, neither Profiles nor the consigner makes any representa- tion representation or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibi- tion exhibition or reproduction repro- duction rights) or whether the property is subject to any limitations such as ‘droit morale’ (moral rights) or other rights affecting works of art. Bidder/Bidder/ Buyer acknowledges and agrees that if the prop- erty property embodies any copyrightcopy- right, trademark, or other intellectual prop- ertyproperty, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied or reflected reflect- ed in such property, but is acquiring only such physical embodiment and/or and/ or reflection. Profiles does not make any representation or warranty as to title. All descriptions, pho- tographsphotographs, illustrations, and terminology including includ- ing but not limited to words describing condition (including any condition con- dition reports requested by Bidder), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, xxxx of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to fairly represent the lots and prop- erty property offered for sale as to origin, date, condition, and other informa- tion infor- mation contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Profiles urges Bidders to avail themselves accord- inglyaccordingly. Lots and property are not returnable return- able to Profiles for any reason except under Buyer’s limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13.

Terms of Guarantee. Profiles does not provide any guarantee or xxxxxx- xx warranty to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale and specifically this Section 10. As set forth below and elsewhere else- where in these Conditions of Sale, Profiles guaran- tees guarantees the authorship, origin, period, and culture of each lot in this catalogue in which the catalog’s lot description is printed in a Bold or Capitalized type heading, or as revised or amended by announcement before or during the auction. Except for the Bold and Capitalized headings and subject to the exclusions below, Profiles makes no warranties whatsoever, whether express or implied or by operation of law, with respect to any lots offered or any other material mate- rial in the catalog. In the event Profiles in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, Profiles shall refund to the original purchaser of record the hammer price plus applicable Buyer’s Premium paid for the lot by the original purchaser of record. This Guarantee shall not apply if: (i) the catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) as of the date of the sale, or the catalogue description indicated that there were conflicting opinions; and/or (ii) the only means to establish that the Authorship was not as described in the Bold or Capitalized head- ing heading at the date of the sale would have been by method or processes nei- ther neither generally available nor accepted at such time; unreasonably expensive or impractical to utilize; or likely (in Profiles’ reasonable opinion) to have caused damage and/or loss of value to the lot; and/or (iii) there has been no material loss in the lot’s value from that which was disclosed in the catalog. The term of this Guarantee is five (5) years from the date of this auction. The Guarantee is non-transferrable and non-assignable, and is solely for the benefit of the original purchaser of record. To be eligible to make a claim under this Guarantee, the original purchaser of record must: (i) send written notice to Profiles within ninety (90) days after receiving information that causes the original purchaser of record to question the accuracy in any respect of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the specific reasons for such question; and (ii) return the lot to Profiles (a) in the same condition as it was when possession was transferred to the original purchaser of record and (ii) with sole title in and to the original purchaser of record free of any liens, encumbrances or third party claims arising after the date that possession was transferred to the original purchaser of record. Profiles, may, in its sole discretion, waive any of the above requirements. Profiles may also require the original purchaser of record to obtain at the sole expense of the original purchaser of record reports of two independent and recognized experts in the field, mutually acceptable to Profiles and the original purchaser of record. Profiles shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. Rescission of the sale and refund under this paragraph is exclusive and in lieu of and to the exclusion of any other remedy which may otherwise be available as a matter of law or equity. Neither Profiles nor the consignor shall be liable for any damages or damage claims including but not limited to consequential damages, losses of anticipated or actual profit or interest, punitive or exemplary damages, or any other incurred or claimed damages. Except as expressly set forth in this Section 10 above and in all other cases, all property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither Profiles nor the consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness cor- rectness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Profiles nor the consigner makes any representa- tion representation or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibi- tion exhibition or reproduction rights) or whether the property is subject to any limitations such as ‘droit morale’ (moral rights) or other rights affecting works of art. Bidder/Buyer acknowledges and agrees that if the prop- erty property embodies any copyright, trademark, or other intellectual prop- ertyproperty, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied or reflected in such property, but is acquiring only such physical embodiment and/or reflection. Profiles does not make any representation or warranty as to title. All descriptions, pho- tographsphotographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, xxxx of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to fairly represent the lots and prop- erty property offered for sale as to originor- igin, date, condition, and other informa- tion information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Profiles urges Bidders to avail themselves accord- inglyaccordingly. Lots and property are not returnable to Profiles for any reason except under BuyerBuy- er’s limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13.

Terms of Guarantee. Profiles does not provide any guarantee or xxxxxx- xx war- ranty to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale and specifically this Section 10. As set forth below and elsewhere in these Conditions of Sale, Profiles guaran- tees guarantees the authorship, origin, period, and culture of each lot in this catalogue in which the catalog’s lot description is printed in a Bold or Capitalized type heading, or as revised or amended by announcement before or during the auction. Except for the Bold and Capitalized headings and subject to the exclusions below, Profiles makes no warranties whatsoeverwhat- soever, whether express or implied or by operation of law, with respect to any lots offered or any other material in the catalog. In the event Profiles Pro- files in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, Profiles shall refund to the original purchaser of record the hammer price plus applicable Buyer’s Premium paid for the lot by the original purchaser of record. This Guarantee shall not apply if: (i) the catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) as of the date of the sale, or the catalogue description indicated that there were conflicting opinions; and/or (ii) the only means to establish that the Authorship was not as described in the Bold or Capitalized head- ing heading at the date of the sale would have been by method or processes nei- ther neither generally available nor accepted at such time; unreasonably expensive or impractical to utilize; or likely (in Profiles’ reasonable rea- sonable opinion) to have caused damage and/or loss of value to the lot; and/or and/ or (iii) there has been no material loss in the lot’s value from that which was disclosed in the catalog. The term of this Guarantee is five (5) years from the date of this auction. The Guarantee is non-transferrable and non-assignableas- signable, and is solely for the benefit of the original purchaser of record. To be eligible to make a claim under this Guarantee, the original purchaser of record must: (i) send written notice to Profiles within ninety (90) days after receiving information that causes the original purchaser of record to question the accuracy in any respect of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the specific reasons for such question; and (ii) return the lot to Profiles (a) in the same condition as it was when possession was transferred to the original purchaser of record and (ii) with sole title in and to the original purchaser of record free of any liens, encumbrances or third party claims arising after the date that possession was transferred to the original purchaser of record. Profiles, may, in its sole discretion, waive any of the above requirements. Profiles may also require the original purchaser of record to obtain at the sole expense of the original purchaser of record reports of two independent and recognized experts in the field, mutually acceptable to Profiles and the original purchaser of record. Profiles shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. Rescission of the sale and refund under this paragraph is exclusive and in lieu of and to the exclusion of any other remedy which may otherwise be available as a matter of law or equity. Neither Profiles nor the consignor shall be liable for any damages or damage claims including but not limited to consequential damages, losses of anticipated or actual profit or interest, punitive or exemplary damages, or any other incurred or claimed damages. Except as expressly set forth in this Section 10 above and in all other cases, all property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither Profiles nor the consignor makes any representation repre- sentation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither Profiles nor the consigner makes any representa- tion or warranty, express or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibi- tion exhibition or reproduction rights) or whether the property is subject to any limitations limita- tions such as ‘droit morale’ (moral rights) or other rights affecting works of art. Bidder/Buyer acknowledges and agrees that if the prop- erty embodies property em- bodies any copyright, trademark, or other intellectual prop- ertyproperty, by the purchase of such property, Buyer/Bidder is not acquiring any interest in any copyright, trademark or other intellectual property that may be embodied em- bodied or reflected in such property, but is acquiring only such physical embodiment and/or reflection. Profiles does not make any representation or warranty as to title. All descriptions, pho- tographsphotographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by BidderXxxxxx), authorship, periodpe- riod, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, xxxx bill of sale, invoice, or anywhere else, represent a good faith effort made by Profiles to fairly represent the lots and prop- erty property offered for sale as to origin, date, condition, and other informa- tion information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder Xxxxxx agrees and acknowledges that he or she shall not rely on them in determining deter- mining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Profiles urges Bidders to avail themselves accord- inglythem- selves accordingly. Lots and property are not returnable to Profiles for any reason except under BuyerXxxxx’s limited Remedies set forth in Section 13 below and under the express terms and conditions of Section 13.