Thank you for bidding in the 2009 Food Network South Beach Wine and Food Festival Auction!
Your support is greatly appreciated!
The Food Network South Beach Wine & Food Festival Auctions benefit Florida International University's School of Hospitality & Tourism Management Teaching Restaurant and its Southern Wine and Spirits Beverage Management Center.
For more information about the 2009 Food Network South Beach Wine and Food Festival, please visit the Festival homepage at www.sobewineandfoodfest.com.
TERMS OF SALE
All items are sold "as is." No returns will be accepted and no refunds permitted. The law of the State of Florida shall govern with respect to all auction sales. The highest acceptable bid received prior to the end of the auction date and time shall be the Buyer, who will assume full risk and responsibility of the lot. All auction items ("Lots"), including but not limited to wine and spirits Lots, are to be sold in Florida by the South Beach Wine and Food Festival ("Festival") and title shall pass to Buyer in Florida. DISCLAIMER OF WARRANTIES SALES TAX FEDERAL INCOME TAX INFORMATION WINE LOTS The Festival makes no representation as to the rights of anyone to import wine or spirits into any state outside of Florida. In the event that Buyer is a resident of a state that restricts the personal importation of wine, the Lot will be held by the Festival in Miami, Florida on behalf of Buyer until appropriate arrangements are made to ship the lot to an address in a state that permits such shipments. Buyer acknowledges and agrees that the Festival will delay any shipment outside of the State of Florida until appropriate shipping arrangements are confirmed in accordance with all applicable laws. In no event shall the Festival, Florida International University Board of Trustees, or Southern Wine & Spirits bear any liability or responsibility for any shipping delays. Sales of more than 20 gallons of wine at one time to one Buyer are presumed by federal law to be sales for resale which would require the Buyer to possess a license authorizing the resale of wine (27 CFR § 194.28). Accordingly, the Festival will not ship more than 20 gallons (75.7 liters, or approximately 8 cases) of wine on a single order unless the Buyer provides appropriate proof of status authorizing it to resell wine. TRAVEL LOTS PAYMENT LOT SHIPMENT Since shipping regulations vary from state to state, out-of-state bidders should be familiar with and are responsible for compliance with the laws of the destination locality. Buyer shall be solely responsible for, and assumes all risk relating to, lost or damaged shipments, including but not limited to any loss or damage due to exposure to temperature variations, shipping delays, or any defect in or failure of any cork or other bottle closure. By participating in this auction, Buyer authorizes the Festival to act on its behalf to engage a common carrier to deliver wine to the location the Buyer specifies, subject to all applicable law. Wines may be sold and delivered only to persons who are at least 21 years old. By placing a bid in this auction, Buyers acknowledge that they are at least 21 years old, and that the person to whom Buyer's wine will be delivered is also at least 21 years old. The person receiving delivery will be required to show identification proving that he or she is at least 21 years old.
Neither the Festival, The Florida International University Board of Trustees, The Florida International University Foundation, Inc. and Southern Wine & Spirits, nor any of their respective agents or employees, make any representations, warranties or guarantees whatsoever, express or implied, with respect to any Lots sold at the Auction, including but not limited to any statements made with respect to vintage, provenance, authenticity, quality or condition of any auction item or Lot. This disclaimer covers information contained in catalogs, online, brochures, and all other printed material published by the Festival. Any and all statements made relating to the Lots are merely statements of opinion and at no time should be construed as warranties and representations of fact or assumptions of any liability. In the case of any dispute, any remedy of the Buyer shall be exclusively against the Lot vendor only and under no circumstances shall any remedy lie against the Festival, The Florida International University Board of Trustees, Southern Wine & Spirits or any agent or employee thereof.
Festival will charge the Buyer any applicable state and local taxes, compensating use taxes of another state or customs and duties charges that the Festival may be required by law to collect. Tax is calculated as a percentage of the entire price paid, including insurance. A 7% Sales Tax will be added to the final bid on each auction lot that is shipped to a Florida address.
A general price estimate is assigned to each Lot in the Auction and does not constitute an opinion as to the fair market value of the Lot, or tax treatment of the amount paid for federal income tax purposes. The purchase price of a Lot may be deductible to the Buyer as a charitable donation to Florida International University only to the extent that such amount exceeds the fair market value of the Lot. It is the responsibility of the Buyer to consult with his or her tax attorney to determine the amount of any tax benefit.
Wine Lots are described in this catalog as correctly as can be ascertained at the time of printing. Buyers of wine lots must make appropriate allowances for natural variations of ullage, conditions of cork and wine, other consequences of age and storage. No returns will be accepted and no refunds permitted.
It is Buyer's responsibility to make his or her own reservations. It is strongly suggested that Buyer plan three-four months ahead of time. Taxes are the responsibility of the Buyer. Only those services listed in the lot description are included. Some restrictions may apply, and there may be some blackout dates. Lost or stolen travel vouchers cannot be replaced.
Each Buyer must pay the full purchase price of each Lot purchased in US Dollars, including any applicable taxes, insurance and/or shipping charges, at the close of the auction. Payments may be made with American Express - The Official Festival Card, Master Card or Visa. The registered card on file with cMarket will be charged at the close of the auction. Please ensure all payment information is up-to-date to assure that the transaction can be processed. Buyers with declined cards will have 5 business days to provide alternate form of payment. Title to the Lot will not pass to Buyer until full payment (including any applicable taxes, insurance and shipping or other charges) is received by the Festival.
Buyers Outside of the United States: The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. The Festival reserves the right to require payment by wire transfer for the full price of the Lot, insurance, applicable taxes and duties and shipping charges prior to shipping.
Buyer is responsible for all shipping expenses, insurance and/or applicable duties, customs charges, or packing and handling fees. Although the Festival may from time to time provide estimates for such charges as a courtesy and service to Buyer, Buyer is responsible for all actual charges incurred.
