TERMS AND CONDITIONS OF THE AUCTION By registering to bid or placing a
bid, you agree to be bound by all of these terms & conditions and
any other announced terms and conditions of sale or rules of the site.
All internet bidders agree that bids placed on the internet shall have
the same legal effect as if they were in attendance at the auction in
person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO
RETURNS!! You may schedule a time to come inspect the items in person.
ALL DIMENSIONS LISTED ARE APPROXIMATE.
PICK UP OF PURCHASES: All items must be picked up between 2pm and 6pm on
Friday October 18 or Saturday October 19 between 9am & noon at 205
Ostwalt-Amity Road Troutman, NC 28166. A $25.00 fee may be applied for
pick up of items after this timeframe.
SHIPPING: If you are unable to pick up your purchases and need them
shipped, we will take your purchases to The UPS Store Statesville, NC.
You will need to contact them directly (704) 871-1342 to arrange payment
for packaging and shipping.
1. Bidder and his or her agents and employees are responsible for any
damage they may cause or liability that may attach from any of their
actions on or around the auction site and premises when attending the
exhibition, sale or removal of merchandise. Bidder and his or her agents
and employees agree to assume all risks of damage to person or
property. Bidder and his or her agents and employees specifically
release and indemnify Bowtie Estate Services (BES), bidbowtie.com and
Douglas Caudle from any liability and causes of action.
2. Bidder agrees that all property is sold "AS-IS WHERE-IS" with no
warranties express or implied and ALL SALES ARE FINAL. Property is open
to thorough public inspection. It is the Bidder's responsibility to
determine condition, age, genuineness, value or any other determinative
factor. BES may attempt to describe the merchandise in advertising, on
the internet and at the auction but makes no representations. In no
event shall BES be held responsible for having made or implied any
warranty of merchantability or fitness for a particular purpose. BES
does not guarantee any appraisals, gradings or certifications. If you
have any questions about the merchandise, ASK THEM BEFORE BIDDING.
Bidder shall be the sole judge of value. It is Bidder's responsibility
to determine if any item is legal where they live. By placing a bid,
Bidder acknowledges that her or she has inspected the items to his or
her satisfaction or chooses to not examine them at his or her sole risk.
3. BES will not be responsible for any errors or omissions in the
description of the merchandise unless it is a material and intentional
misrepresentation of the item itself. Bidder agrees that he or she may
not return any item they purchase for any reason accept an intentional
and material misrepresentation of the item itself made by BES. Bidder's
sole remedy in the event of an intentional and material
misrepresentation of an item shall be to return the item, at their
expense and in the same condition it was delivered or shipped to them.
If BES agrees that the item was materially and intentionally
misrepresented BES will refund the Bidder's purchase price to him/her.
Some items may be sold "times the money". In the event that the count on
a "times the money" item is found to be incorrect, BES will adjust
Bidder's final hammer price based on the accurate count. No adjustment
will be made on bulk or "one money" lots. Bidder agrees that under no
circumstances whatsoever will BES ever be liable to Bidder for an amount
greater than the purchase price of the item they purchased.
4. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR.
MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. BES reserves the
right to charge the Bidder's credit card the full amount of any or all
of Bidder's bids at any time. Everything MUST be paid for in full by
3:00 PM the day after the auction. All internet Bidders agree to pay a
buyer's premium equal to TEN Percent (10%) of the hammer price of each
item they purchase. If the hammer price of an item is $100.00, the
buyer's premium will be $10.00 for a total purchase price of $110.00.
Under state law, sales tax will be collected on the entire amount.
Bidder herby grants BES the authority to charge his or her credit card
on file the full amount due for Bidder's purchases or partial amounts at
any time until Bidder's invoice is paid in full.
5. All titled vehicles are sold AS-IS TOW AWAY in regards to emissions
tests. Emission tests are not provided unless it is stated in the item
description. If an emission test is provided, it is only valid in the
area for which it was issued. If you plan to register a titled vehicle
in an area that requires an emission or other test, emissions or other
tests are not guaranteed and it is sold AS-IS unless stated otherwise in
the item description. It is the buyer's sole responsibility to
determine if a titled vehicle is legal and able to be registered where
6. If firearms are sold, all Federal and North Carolina laws and
regulations will be followed. Some firearms may not be legal in Bidder's
jurisdiction. It is the bidder's sole obligation to determine if a
firearm they purchase is legal where they live. There is a restocking
fee of 25% of the total purchase price if any firearm(s) has to be
returned due to a buyer's local law. If a buyer is unable to take legal
delivery of any firearm(s) he or she will return the firearm(s) to BES
and pay a restocking fee of 25% of the total purchase price. Magazines
that are not legal where a buyer lives are not included in the sale. No
credit will be given for the magazine. Bid accordingly and let your
legislators know how you feel.
7. BES is providing internet only bidding for this auction. Bidder
acknowledges and understands that this service may or may not function
correctly at any time, including the auction closing time. Under no
circumstances shall Bidder have any kind of claim against BES or anyone
else if the internet service fails to work correctly before or during
the auction closing time. BES will not be responsible for any missed or
failed bids from any source. Internet bidders who desire to make certain
their bid is acknowledged should place their maximum bids at least two
hours prior to the auction closing time. BES reserves the right to
withdraw or re-catalog items in this auction. In the event of any
software problem, mistake or other issue, BES reserves the right to
extend the closing times, change the extension time, stop, restart or
cancel this auction at its sole discretion. Even though an item may
display as "sold" on the internet, no sales are final until they are
certified by BES and Bidder receives an invoice. BES reserves the right
to cancel any or all sales and resell the items in whatever manner it
8. The bids are advanced at pre-set increments available on the bidding
web page which may be changed at any time in BES’ sole discretion. BES
may accept items with secret reserves prices. The seller and BES reserve
the right to bid on behalf of the seller on items on which there may be
a reserve price. BES may reject or cancel any bid for any reason. The
record of the auction made by BES shall be conclusive. This is a Public
Auction and as such, all qualified bidders may bid including BES owners,
family members and employees.
9. All property shall be removed from the premises by the Bidder at
her/his own risk and expense within the time period announced. ALL
MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED BY 1:00 PM
SATURDAY OPCTOBER 5 UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH BES
OR IT IS BEING SHIPPED. ITEMS NOT REMOVED BY THIS TIME WILL HAVE A
CHARGE OF $10 PER LOT, PER DAY ADDED AND THE ITEMS MAY BE FORFEITED WITH
NO REFUNDS. There is a minimum charge of $25.00 to open the property at
any other time. Bidders should arrange to pick up their purchases
within this time. BES or a professional shipping company may ship
merchandise not picked up. Bidder hereby grants any shipper of BES’
choosing the right to charge their credit card the entire amount of
packing, shipping and handling costs. In the event that Bidder does not
pay for shipping, Bidder shall have no claim against BES and will
forfeit the merchandise with no refunds. All items will be insured for
the purchase price. Our first priority is to deliver your new purchase
in excellent condition. Bidder agrees that any merchandise not removed
by bidder within seven days of the auction will be forfeited with no
refunds. Bidder shall have no claim to merchandise not removed by the
10. If a check accepted by BES is returned for any reason, Bidder agrees
that BES may re-present it in person or electronically and collect the
full amount of the check as well as the highest service charges and fees
allowed under North Carolina law. Any amount left unpaid shall accrue
interest at the highest rate allowed under North Carolina state law.
Unless exempted by law, the purchaser shall pay all applicable taxes.
Bidder agrees to indemnify BES against any claim if sales tax is not
collected on Bidder's purchases. Bidder agrees to not stop payment on
any check paid to BES. Bidder further agrees that under no circumstances
will he/she initiate a chargeback on his/her credit card. Title to the
merchandise transfers to Bidder only when Bidder's payment is honored.
11. BES may refuse registration and bidding privileges to anyone for
failure to pay previous auction invoices, failure to provide a valid
credit card or any other reason. Bidder hereby agrees that BES may share
information about Bidder's non-payment of auctioneer invoices or
shipping charges with other parties and may pursue collection of
balances due by any legal means. Bidder agrees to provide any
identification BES may request including but not limited to: driver's
license, Social Security card or Passport. Bidder agrees to comply with
any stated additional terms or conditions associated with particular
12. Bidder agrees that this agreement shall be governed by the laws of
the state of North Carolina and hereby grants sole jurisdiction and
agrees to submit to the personal jurisdiction and venue of a court of
subject matter jurisdiction located in Iredell County, North Carolina.
Both parties waive any right to a jury trial and hereby agree to a bench
trial before a judge. This agreement shall be governed in all respects
by the laws of the State of North Carolina. If for any reason, a court
of competent jurisdiction finds any part of this agreement to be invalid
or unenforceable, that part will be enforced to the maximum extent
permissible to affect the original intent of this agreement. If a part
is found to be invalid or unenforceable, the remainder of this agreement
shall continue in full force and effect. Such invalid or unenforceable
part will be deemed severable from the other parts here and will not
affect the validity or enforceability of the remaining parts. In the
event of any litigation arising out of this Contract, the court shall
award the prevailing party all reasonable costs and expenses, including
reasonable attorney's fees.
13. By registering for this auction you agree to be added to BES’ email
list. Each email we send has an easy unsubscribe link at the bottom of
the email. Please do not report our emails as spam. Photo, video and
audio recording is being made at all auction exhibitions and removal
events. Bidder hereby agrees that BES may use Bidder's likeness,
recorded at these events, for any purpose. We hope you enjoy our auction
and are able to make many advantageous purchases.
Thank you for choosing Bowtie Estate Services.
Douglas Caudle NCAL #10247, NCAFL #10272