Online Auction Terms of Sale
1. ALL INVOICES MUST BE PAID WITHIN 24 HOURS OF SUCCESSFUL BID.
2. NO DEPOSIT IS REQUIRED TO REGISTER AND TO PARTICIPATE IN THE AUCTION.
3. A premium of 15% of the bid price will be added to the price of each item purchased. Taxes are calculated AFTER the buyer’s premium. Buyer’s Premium will be posted on the website.
4. ALL SALES ARE FINAL. NO EXCEPTIONS. The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished online is solely for identification, and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer “AS IS-WHERE IS,” ‘IN PLACE” and “WITH ALL FAULTS, KNOWN AND UNKNOWN.” THE AUCTION GROUP, LLC MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. NO SALE SHALL BE INVALIDATED AND THE AUCTION GROUP, LLC SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT OR OTHERWISE. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations.
5. Buyers will be charged all applicable taxes unless SATISFACTORY PROOF OF EXEMPTION is provided prior to payment. If satisfactory proof is not provided, Buyer will pay all applicable taxes. Proof must be provided PRIOR to removal of purchases. No taxes will be refunded once they have been collected. Taxes are calculated AFTER the buyer’s premium.
6. All articles will be sold to the highest bidder conforming to the bid process. All sales shall be concluded in the time frame indicated and no Buyer may thereafter revoke his bid. Auctioneer reserves the right to sell articles by individual group lots and “En Bloc” as he deems appropriate. Auctioneer reserves the right to group, reduce, add to or delete lots. Auctioneer reserves the right to sell on behalf of third parties, its own account or on the account of others. In the event there is a dispute between two or more claims of entitlement as the successful bidder, Auctioneer reserves the right to re-auction the item in dispute. Auctioneer shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders. Auctioneer shall be entitled to make changes in (the composition of) the lots or to withdraw them, up until the last moment before the sale, refuse bids without having to state the reasons, in which case the previous bidders shall be bound to their bids, and to correct himself. Auctioneer reserves the right to sell subject to reserve and to purchase for its own account or of others, whether by verbal or written proxy, all subject to prior sale.
7. The Auction Group, LLC reserves the right to correct any mistakes or typographical errors made by itself or on its behalf in any of its announcements or documents.
8. All invoices must be paid in full before merchandise will be released from the premises. Quantities must be checked before removal of purchases. No allowances will be made for claims or shortages once items are removed from the premises. Where available, documents of transfer, including motor vehicle ownership documents, will be provided within 7 days following the auction or as soon thereafter as such documents are available. The Auction Group, LLC makes no warranties that such documents will be available. Any available titles shall not pass to Buyer until full payment is received.
9. All property must be paid for and picked up in the time frames posted. If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to The Auction Group, LLC without further notice to Buyer and Buyer’s payment will be forfeited. No purchaser may assign, transfer, or dispose of his rights in any article purchased before he has paid the purchase price in full. No reselling will be allowed from the premises.
10. If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to The Auction Group, LLC, including and without limitation, the right to hold Buyer liable for the total purchase price, The Auction Group, LLC may, at its option, (a) cancel the sale, retaining all payments made by Buyer, including any deposit made, as liquidated damages and/or (b) resell the merchandise in which event Buyer will be liable for the cost of removing and reselling the abandoned merchandise, for any deficiency between Buyer’s original purchase price and subsequent resale price, commission, interest rates (a minimum of 1.5% per month or 18% per annum), legal fees, moving and storage (a minimum of $2.00/sq.ft. per month) and all other expenses related to the disposal or reselling of the abandoned property.
11. Buyer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased and any and all risks associated with such removal including, without limitations, the responsibility for providing LICENSED AND BONDED professionals to ensure proper water, gas and/or power disconnection, disassembly, removal and loading, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of Buyer or Buyer’s employees, agents and/or representatives during pick-up and removal.
12. Buyer agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide evidence that Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. The Auction Group, LLC, its agents or representatives will not be responsible for its containment, storage or removal.
13. Persons in attendance during inspection or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by The Auction Group, LLC, and local, state and federal regulations. The Auction Group, LLC, its agents, its employees and representatives shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases The Auction Group, LLC, its agents and representatives from all liability thereof.
14. All risk loss shall pass to Buyer at the time of payment. If The Auction Group, LLC is unable to deliver an article sold to Buyer due to fire, theft, or any other reasons whatsoever, The Auction Group, LLC shall reimburse Buyer for all monies paid to The Auction Group, LLC in respect to the article and The Auction Group, LLC shall have no further liability to the purchaser arising from or relating to such loss, including without limitation any damages for loss of profits.
15. In no event shall The Auction Group, LLC ‘s liability to Buyer exceed the purchase price actually paid. A Buyer’s claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct, indirect, incidental or consequential damages. The Auction Group, LLC is acting as an agent only and is not responsible for the acts of its principles.
16. Buyer agrees to indemnify, defend and hold harmless The Auction Group, LLC and its agents
and representatives, from any and all demands, claims, losses, damages and liabilities (including attorneys’ fees) asserted against, resulting to or imposed upon The Auction Group, LLC resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise.
17. The bidder’s number is nontransferable. All bids made by the holder of the number will be Buyer’s responsibility. A successful bid online constitutes a legally binding contract of sale. The Auction Group, LLC reserves the right to refuse any applicant the privilege of bidding and may revoke such privilege of bidding AT ANY TIME.
18. This sales transaction shall be governed by and construed in accordance with the local laws of the State of Texas. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. These Terms and Conditions with any amendments or modifications expressly made by The Auction Group, LLC constitute all the terms and conditions with respect to the sale of articles at this online auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided.
19. All Buyers acknowledge and accept by their registration the Terms & Conditions of Sale printed as listed herein.
ALL SALES ARE FINAL! NO REFUNDS OR EXCHANGES!