Dates & Times (US/Eastern)Bidding ends:
Terms & Conditions
TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY, AS THEY HAVE BEEN RECENTLY UPDATED.
THIS IS AN INTERNET-ONLY AUCTION!
AUCTION HOST: R.L. Rasmus Auctioneers, Inc.
Terms and Conditions of Sale
These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and thirty-two numbered paragraphs that outline the relationship between you (“the Bidder”), the operator of this website (identified above as the “Auction Host”), and the party coordinating the logistics of this online auction (identified above as the “Auction Manager”). The Auction Manager and the Auction Host are together referred to in these Terms and Conditions as “the Auctioneer,” and any reference to action that may be taken with respect to the Auctioneer may be taken with respect to the Auction Host or Auction Manager separately or collectively. Throughout these Terms and Conditions, the terms “Auctioneer,” “we,” “us,” and “our” will refer to the Auctioneer, and the terms “you” and “your” will refer to the Bidder.
If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.
Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.
1. Buyer’s Premium: A 15% buyer’s premium is added to every purchase. This means that if your winning bids add up to $100.00, you will be charged $115.00 + sales tax, at checkout.
2. Registration: To gain access to the Auctioneer’s bidding system, you will need to register. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You may be banned from participation in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process.
3. Applying for Tax-Exempt Status: Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of your tax-exempt certificate prior to this auction’s closing. Please note that you must declare that you are tax exempt when registering for the auction. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of the Auctioneer’s tax exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully, and contact the Auctioneer with any questions you may have.
4. Deposit: In order for the Auctioneer to process your winning bid, we must have a working Visa or MasterCard associated with your account.
(a) If you associate a credit card with your account: After you have registered for this online auction, the Auctioneer will authorize the credit card you have placed on file for $1.00. This $1.00 deposit is not a charge, only an authorization hold; if you decide not to make any bids during this auction, or if none of your bids are successful, the Auctioneer will not take any money from your account, and the authorization hold on your $1.00 will be lifted in accordance with the procedures of your credit card provider and/or banking institution. If you fail to provide full payment for your purchases, the $1.00 authorization hold will be captured and applied toward your outstanding balance.
(b) If you associate a debit card with your account: After you have registered for this online auction, the Auctioneer will charge your debit card for the amount of $1.00. If you decide not to make any bids during this auction, or if none of your bids are successful, this $1.00 will be refunded to your account.
5. Bidder’s Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number – including contact information and credit card information – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.
6. Conduct of Sale: All deposits, bids, credits, and fees in this sale will be made and charged in United States Dollars. You agree not to take any action or use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publically display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer.
7. Bidder’s Duty to Inspect and Investigate: You acknowledge that the Auction Manager may provide you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled inspection for this auction, if any, which will take place on the date listed above. If an inspection for this auction is scheduled and you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly. In the event you are given an opportunity to inspect the items being offered for sale in this auction, you acknowledge and agree that, by bidding on a given item, you have had a full and fair opportunity to inspect such item, and that you are relying solely on, or that you have waived, such inspection and investigation (a) in determining whether to bid, (b) in determining the amount of a bid, and (c) in bidding.
8. Photographs and Descriptions: The Auction Manager regularly posts item descriptions and photographs to aid bidders in the bidding process, and will make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described, not as they appear in any photograph.
9. CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer. You acknowledge and agree that you may not withdraw or retract any bid made by you that has been acknowledged by Auctioneer or that has been submitted online through your account.
10. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. THIS SALE IS A SALE TO THE BUSINESS COMMUNITY OF “EQUIPMENT” AND “INVENTORY” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS WILL OR IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. THE AUCTIONEER FURTHER DISCLAIMS ANY RESPONSIBILITY FOR LIENS OR ENCUMBRANCES THAT MAY ATTACH TO OR BE ASSOCIATED WITH ANY LOTS OR ITEMS. ANY SUCH LIENS AND ENCUMBRANCES ARE THE RESPONSIBILITY OF THE BIDDER TO INVESTIGATE. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, BUT DESCRIPTIONS ARE NOT GUARANTEED. THE AUCTIONEER FURTHER DISCLAIMS ANY LIABILITY FOR ANY TECHNOLOGY-RELATED LOCK, IMPEDIMENT, OR ENCUMBRANCE ASSOCIATED WITH ANY LOT OR ITEM. THE AUCTIONEER HAS NO OBLIGATION TO PROVIDE ANY PASSWORD, LICENSE, TECHNICAL SUPPORT, OR OTHER TECHNOLOGY-RELATED SERVICE, PRODUCT, OR THING ASSOCIATED WITH ANY LOT OR ITEM.
11. Reporting Bidding Errors: You should refresh your browser often to view the most up-to-date bid information, and should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. You understand and agree that you will be held responsible for having made all bids that are made using your account information ‒ even when such bids are made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer using the online form available via this link. Reports of bidding errors must be made via the online web form; phone reports will not be accommodated. In every event, you are responsible for bids submitted using your account and bidder number, including any bids made in error.
12. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer has no obligation to undo bidding errors reported after the auction has begun to close.
13. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately using the online webchat. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
14. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time and in the Auctioneer’s sole and absolute discretion – (a) add or remove items from the auction, (b) split or combine lots, (c) add minimum bids or reserve prices, (d) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (e) make changes to the auction’s closing, inspection, or removal times, (f) reopen the bidding in its sole and absolute discretion, or (g) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.
15. Closing: The Auctioneer’s online auctions are designed to mimic traditional “live” actions. For this reason, this auction will have a staggered, dynamic closing. You must continuously refresh your browser during the closing process to see the most current activity on your items, both prior to placing your bid and after submitting your bid.
(a) Staggered Closing: This online auction will generally begin to close at a rate of three items per minute, every minute. Items’ closing times will be displayed on the website, but may be extended past their scheduled closing time, as a result of the Auctioneer’s dynamic closing feature.
(b) Dynamic Closing: The closing time of an item is generally extended an additional one minute whenever a bid is placed within the one minute leading up to an item’s scheduled closing time.
16. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid. All winning bids are subject to certification by the Auctioneer in its sole and absolute discretion.
(a) Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will charge your credit card on file and then send you a Paid Sales Receipt. Invoices are not sent as soon as the auction begins closing; they are generally sent out by the end of the business day on which the auction closes. If the Auctioneer is unsuccessful in charging your credit card on file, you will be sent an e-mail with instructions directing you to update your profile with another credit card that can be charged. If your credit card information has been updated and you still do not receive your Paid Sales Receipt, be sure to check your Spam or Trash e-mail folders. You are solely responsible for checking your e-mail following the close of the auction to determine what items you have won and for bringing the Paid Sales Receipt to the removal with you. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid.
(b) Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mailed invoice, you must notify the Auctioneer by means of the online web form and explaining your situation by 9:00 am EST on the day after the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. Absent clerical errors, Auctioneer’s records will be final and conclusive.
17. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that can bear the weight of all of your purchases at the moment the auction closes. The credit card information associated with your account will be held until auction removal of the last auction in which you participate. You can update your credit card information at any time by going to your account and choosing “Update Credit Card.”
(a) Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer may suspend your online bidding privileges indefinitely. The Auctioneer may reinstate suspended accounts in the Auctioneer’s sole and absolute discretion if the suspended bidder remits a $1,000 deposit to be held in escrow for a period of one year.
(b) Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 17-21 of these Terms and Conditions.
18. Sales Tax: Sales tax will be collected on items purchased at this auction. Remember: if you are tax exempt, you must follow the procedures discussed in Paragraph 3 to apply for tax-exempt status.
19. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still fail to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price.
20. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not ship except when a given item is clearly identified as eligible for shipping, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer reserves the right to use video surveillance onsite during any auction-related event and you hereby consent to such surveillance on behalf of yourself and your agents. When picking up your items, you and/or your agent hereby grant to Auctioneer the right to record your and/or your agent’s image, photograph, likeness, and voice by any technology or means. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and safely remove your items during the published removal times. If a given item is identified as eligible for shipping, please follow the specified instructions to arrange for shipping.
Restaurant Equipment and Office Furniture. License 2906000261
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