TERMS FOR AUCTION OF PERSONAL PROPERTY
Note: This is a cataloged sale and lots will be sold in catalog order.
Note: All lots subject to sellers confirmation.
1. Payment method for vehicles/equipment is cash, wire transfer, cashier's check or money order only, no exceptions. For non-vehicle/equipment purchases payment methods are cash, Visa/MC/Discover, guaranteed funds, or checks (must be approved by Auctioneer) unless otherwise stated under the Auction Info section of the auction listing. Bidder agrees that if paying by credit card, that they shall not attempt a charge-back for any reason whatsoever.
Payment: Immediately following the payment deadline, 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. Failure to do so will result in account suspension. You can update your credit card information at any time by clicking the My Account tab and choosing Update Credit Card.
Charge-backs 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 chargeback 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.
2. All lots are sold subject to applicable State Sales Tax unless the bidder has filled out a SALES TAX EXEMPTION CERTIFICATE/NYS DTF820 Form or equivalent for the state where the items are located, and has such certificate on file with the Auctioneer. Tax is calculated based on the highest bid price plus the buyer's premium.
3. If the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction. If, having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance. The auctioneer reserves the right to bid on behalf of Buyers/Seller/Secured parties.
4. Ownership title passes upon the fall of the Auctioneer's gavel, and thereafter the property is at the risk of the buyer, and neither the seller nor the auctioneer shall be responsible for loss or damage.
5. Every item is sold as-is, with all faults. Neither the Auctioneer nor the Seller makes any warranties or representations of any kind, nature, or claims of the serviceability of the item with respect to said property. All sales are final. Catalog descriptions are for simple identification purposes only; no representations are made as to authenticity, age, origin or value. The Buyer relies solely on his/her own inspection and judgment when bidding.
6. All purchases shall be paid in full by date specified in the shipping and payment terms located in each lot. Failure to make payment by payment deadline will result in forfeiture of items in the auction and may result in revocation or suspension of bidding privileges with the bidder's account. Pickup time(s) are sharp, unless otherwise mentioned, no exceptions. Any items not removed by that date shall be deemed abandoned by bidder and shall be disposed of at bidder's expense without recourse. All lots subject to storage fees at the discretion of the seller.
7. Bidders are responsible for all costs involved with removal of their purchases and any and all damages incurred during removal of purchases. Shipping is considered a form of pickup. Shipping costs are non-refundable.
8. BUYER'S PREMIUM shall be added to the top bid to become part of the purchase price. BUYER'S PREMIUM DEFINITION: The Buyer's Premium is that portion of the commission(s) which is being paid by the buyer. It is clearly understood and agreed by both the buyer and the Seller that the Auctioneer and Broker represent the Seller only. The Buyer's Premium for this auction is listed under the Auction Info section of the auction listing.
9. The highest approved bidder is determined to be the buyer. In all cases of disputed bids, the property shall be resold, but the Auctioneer will use his judgment as to the good faith of all claims, and his decision is final.
10. All bidders are required to register and give full identification prior to the beginning of the auction and are required to use the number issued to them when identifying themselves as the successful bidder. Bidder agrees to the Terms and Conditions of the auction prior to receiving a bidder number for this auction, and all other auctions said bidder attends of ABSOLUTE AUCTION & REALTY in the future.
11. This is a privately owned and operated auction. We reserve the right to refuse admittance to any person(s). No transfer shall be recognized from one buyer to another or any third-party transaction.
12. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of Terms & Conditions of auction, or in case of default, including, without limitation, reasonable attorney's fees, as well as any dollar deficiencies which may result in the resale of the property and the cost of re-marketing said property. Additional commissions shall be due and payable.
13. Auctioneer reserves the right to withdraw any property prior to auction.
14. Auctioneer reserves the right to extend auction date(s)/end time at the request of the Seller prior to auction ending.
15. Buyers are responsible to make sure they receive everything at the point of pickup. Absolutely no complaints or adjustments shall be considered on any lots, for any reason whatsoever, once lots have been removed by the buyer from the auction site. 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 for all auctions, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times.
16. Bidder does hereby indemnify and hold harmless the Auctioneer and Seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever, caused before, during, or after the auction.
17. In the event that description differs from photos, description takes precedence over photos.
18. Bidder gives permission for Auctioneer and those acting pursuant to its authority to photograph, video tape, or use any other electronic method of recording my likeness and/or voice to be used at the Auctioneer's discretion in auction-related publications and/or websites.
19. Known problems listed may not be the only defects. The Seller is not responsible for any defects not listed. All lots sold AS IS WHERE IS, with all faults. Vehicles may need jumpstart/battery in order to be removed or towed. Buyer is responsible to bring proper vehicle, help, tools and equipment to remove purchases - no additional help will be available.
20. Determination of Disputes. In the case of disputed bids, the auctioneer/broker shall exercise his or her best discretion in determining the resolution of claims, and such a decision is final. Such decision shall not be the subject of any post-auction claims. In the event a dispute should arise after the auction, the auctioneer/broker's records shall be conclusive. Bidder agrees that litigation shall be conducted in Dutchess County, NY.
21. All lots are subject to Seller Approval.
22. The seller reserves the right to remove any and/or all emergency response equipment and markings, such as emergency lights, sirens and striping, from the vehicle regardless of the bid. In the event the Municipality has not removed emblems, logos, lettering, light bars and any other items pertaining to the municipality, the buyer is responsible for removal of any municipal markings or identifiers immediately upon taking possession of the property. Failure to do so may result in legal action.
23. In the event that any purchased item(s) is unavailable at the scheduled time of pickup due to loss, damage, or any other unforeseen circumstance, the Auctioneer reserves the right to issue a full refund to the Buyer. This refund shall constitute the Buyer’s sole and exclusive remedy, and the Buyer expressly waives any further claims or recourse against the Auctioneer, Broker, or Seller arising from such unavailability. The Auctioneer and/or Broker’s liability shall in no event exceed the total amount actually collected by the Auctioneer from the Buyer for the affected item(s).
24. The above-stated Terms & Conditions of Auction cannot be altered except in writing by all parties of the contract, or by verbal changes to terms given by the Auctioneer at time of auction.
