Auction Terms & Conditions TERMS & CONDITIONS FOR BIDDERS
1. TERMS: These items and conditions are absolute and cannot be altered or changed in any way. If you cannot follow these terms 100%, you are welcome to stay as a spectator, but kindly do not bid. If you do not understand any of these conditions, please ask the auctioneer BEFORE bidding. Once you have been evidenced to be the winning bidder you have effected a legally binding contract which cannot be altered or voided. Be certain you want the item at the bid amount before bidding. No transfer recognized from bidder to bidder.
2. NO GUARANTEE: Everything is sold “AS IS, WHERE IS” without guarantees of any kind, including counts. Use the inspection period to inspect all items in which you have an interest. We encourage you NOT to bid unless you have inspected those items and/or lots and counts. Any guarantee must be in writing, without exception.
3. WARRANTY: Other than delivery of title and/or bill of sale, neither auctioneers nor owners make any representation of warranty as to the quality of title to the property being sold. Neither auctioneers nor owners make any presentation of warranty, EXPRESSED OR IMPLIED, on the property as to its merchantability or its fitness for general or particular purpose. All property is sold “AS IS” and without recourse.
4. PAYMENT: All items must be paid for before you leave the auction premises TODAY, regardless of when you will be picking them up. No items may be removed before full payment. Any item(s) left unpaid for will be subject to a storage fee of $5.00 per item / per day plus any transportation, moving and additional commercial storage costs, plus collection and attorney fees until paid for.
5. PAYMENT TERMS: Payment must be made by cash or pre-approved check. If you are unknown to the auction company you may be required to pay cash or certified check only. You may also be required to have a bank letter or bond. Consult with the cashier (before bidding) to be certain of payment arrangements. Auctioneer’s decisions are final. No transfer of items will be recognized between buyers. A 3% transaction fee will be charged for all credit card tranactions.
6. INCREMENTS & LOTS: Auctioneers reserve the right to set bidding increments and lot and re-lot item prior to the fall of the gavel regardless of type of auction being conducted. Fractional increment advances may not be recognized as bids. Any listed or announced order of sale may be changed WITHOUT NOTICE by the auctioneer. Auctioneer may bid on behalf of absentee bidders.
7. DELETIONS & ADDITIONS: Any deletions and/or additions to the auction will be announced. The owners reserve the right to add and withdraw lots prior to bidding, without notice.
8. DESCRIPTIONS: While descriptions and counts are believed to be accurate, the auctioneer and seller make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity of or defect in any item(s) being auctioned and will not be held responsible for any advertising discrepancies or inaccuracies, or changes since the adverting placement date. Buyers need to rely solely upon their own inspection and information.
9. HOLD HARMLESS: The buyers hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from any injuries to persons or property of any type whatsoever caused during the sale or during the removal of the items purchased. Buyers remove purchases at their own risk. Buyer’s should arrange for professional de-installation of wired, plumbed or built-in items. Many pieces of equipment have potential hazards and should be de-installed and moved by professionals with proper equipment.
10. RESPONSIBILITY & TITLE: Buyers are responsible for their items after purchase. This means that title passed to you on the fall of the gavel, even though you may have not yet paid for the items. You are responsible for guarding you items accordingly. The bidder assumes full risk and responsibility and agrees to pay the full purchase price. The auctioneer is agent for and under contract with the owners of the property or goods being sold. Certain items (consignments) may have been added from other sellers.
11. ADJUSTMENTS: Absolutely no adjustments, claims or refunds will be allowed after the auctioneer’s report or final settlement is made with the owner. ANY CLAIMS MUST BE MADE WHILE STILL ON THE AUCTION PREMISES. Any claim must be made in writing within 24 hours of bidder settlement and while goods are still on auction premises. In no event will auctioneers liability to buyer ever exceed the purchase price actually paid.
12. REMOVAL: Arrangements for the removal (or shipment) of purchased items is the sole responsibility of the buyer pursuant to and as part of the contract of sale. Auctioneer reserves the right to inspect and check out purchases to ensure removal of proper items and lots. Auctioneers reserve the right to restrict admittance after the auction and control removal doors to maintain proper removal security. Bidders caught willfully removing wrong items, or switching tags, will be subject to arrest for theft. There are specific removal items for this auction under which all items must be removed. No claim can be made for failure of bidder to remove items after the removal period has ended. The removal item is an important condition of this auction. Auctioneers do not guarantee use of loading docks, operation of elevators or moving equipment to facilitate easier buyer removal. Buyers should bring their own moving equipment and labor. Any item not removed from the sale within the specified time may be removed and stored by the auctioneer at purchaser’s expense, and auctioneer will not be responsible for loss or damage to those items.
13. TAX: Applicable sales tax must be added to the purchase price of all taxable auction purchases. Dealers who purchase for resale must file their resale certificate with the auction cashier. No refunds of sales tax can be made after settlement.
14. BUYER’S PREMIUM: The final total due for the buyer’s purchases will include a 10% Buyer’s Premium. If you bid $100 for an item, the Buyer’s Premium will be $10 making the total $110.00 plus any applicable tax, credit card fee and internet bidding fee.
15. ANNOUNCEMENTS: Any announcement on the day of the auction shall take precedence over any previously distributed information or advertising. Listen to opening announcements as they are important. Auctioneer may announce additional information or terms during the course of the auction especially as it relates to certain specific items and removal times.
16. ITEMS ARE SOLD SUBJECT TO CONFIRMATION/APPROVAL: (BANK, COURT, ATTORNEY, ESTATE APPROVAL, OR INDIVIDUAL SELLER APPROVAL.) OUR AUCTIONS ARE NOT ABSOLUTE!
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