PLEASE READ THESE TERMS AND CONDITIONS FOR THIS AUCTION!
If you do not agree to these terms and conditions for this auction, DO NOT BID!
ADVANTAGE AUCTION SERVICES TERMS AND CONDITIONS
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. A preview is usually conducted
prior to the sale except as noted below in the ONLINE-ONLY AUCTIONS
section, item 17, of these terms and conditions.
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, 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 will be cash only. No credit or debit cards
or electronic payments will be accepted. Consult with the cashier or
contact the auction company before bidding to be certain of payment
arrangements. Auctioneer's decisions are final. No transfer of items
will be recognized between buyers.
6. INCREMENTS & LOTS: Auctioneers reserve the right to set bidding
increments and lot and re-lot items 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 seller reserves the right to add or
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. Buyers should arrange for
professional removal of wired, plumbed or built-in items. Many pieces of
equipment have potential hazards and should be uninstalled 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 your 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. *** All buyers are responsible for their own
items.
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 the auction premises. In no event will
auctioneers liability to buyer ever exceed the purchase price actually
paid.
12. REMOVAL: Date and time for removal will be posted prior to the
beginning of the auction except as noted below in the ONLINE-ONLY
AUCTIONS section, item 17, of these terms and conditions. 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. All auction items must be removed within 5 days or storage fees of
$5 per day will be incurred. Auctioneer reserves the right to inspect
and check out purchases to ensure removal of proper items and lots.
Auctioneer reserves 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 at
in-house or on-site auctions will include a 13% Buyer's Premium with a
3% discount for cash or check. If you bid $100 for an item, the Buyer's
Premium will be $13 making the total $113.00 plus any applicable sales
tax or internet bidding fee. The total would be $110 if paying by cash
or check plus any applicable sales tax or internet bidding fee. The
buyer's premium for online auctions is 15%. If you bid $100 for an item,
the Buyer's Premium will be $15 making the total $115 plus any
applicable sales tax or internet bidding fee. If you are a local
resident near the auction house, but decide to bid over the internet
instead of bidding in person, your Buyer's Premium will be the same as
any other internet bidder.
14a. CHARITY AUCTIONS: Charity auctions will have a buyers premium of
10% regardless of payment method and/or auction format. These funds will
be used to pay for card processing fees and expenses in relation to the
auction. Any funds in excess of expenses will be donated to the charity for
which the auction is being held. Shipping will be handled by a representative
outside the auction company.
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 MAY BE SOLD SUBJECT TO CONFIRMATION/APPROVAL (BANK, COURT,
ATTORNEY, ESTATE APPROVAL, OR INDIVIDUAL SELLER APPROVAL). ANY
INFORMATION REGARDING "SOLD SUBJECT TO CONFIRMATION" WILL BE ANNOUNCED
ON DAY OF AUCTION AS WELL AS POSTED ON THE COMPANY WEBSITE.
17. ONLINE-ONLY AUCTIONS: With our online-only auctions, we will provide
an inspection period when we are able to. Reasons for not providing an
inspection period include, but are not limited to, security issues,
limited access (gated community), inaccessible location, no parking,
etc. If an inspection period is not offered, it will be the buyer's
responsibility to use the pictures and descriptions provided to
determine how much they are willing to bid for an item. Buyer is also
responsible for contacting the auction company with any questions prior
to bidding.
Advantage Auction Services LLC
PO Box 6085
Hendersonville, NC 28793
828-674-7307
NCAL ~ 9301 NCAFL ~ 9696 SCAL ~ 4579
