TERMS FOR
AUCTION OF PERSONAL PROPERTY
Note: This is
a cataloged sale and lots will be sold in catalog order.
1. Purchases are cash,
Visa/MC/Discover, guaranteed funds, or approved personal checks. Bidder agrees that if paying by credit card 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
New York State Sales Tax unless bidder has filled out a NEW
YORK STATE SALES TAX EXEMPTION CERTIFICATE and has such
certificate on file with the Auctioneer.
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 or nature 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 by attendees
shall be paid in full by date stated in each lot, and removed
the date stated in each lot. Any items not removed by dated stated
shall be deemed abandoned by bidder and shall be disposed of at
bidder’s expense without recourse. (Exceptions: Absentee Bids and
Phone Bids—See Respective Terms.)
7. Purchasers are responsible for
all costs involved with removal of their purchases and any and all
damages incurred during removal of purchases.
8. 15% 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.
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 them when
identifying themselves as the successful bidder.
11. Should a dispute arise after the
auction, the Auctioneer’s records shall be conclusive in all
respects.
12. 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.
13. 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.
14. Auctioneer reserves the
right to withdraw any property prior to auction.
15. Bidder agrees to the above
Terms and Conditions of the auction prior to receiving a bid card
for this auction, and all other auctions said bidder attends of ABSOLUTE AUCTION & REALTY in the future.
16. 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 give by the Auctioneer at time of auction.
17. 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.
18. In event that description differs from photos, description takes precedence over photos.
19. Buyers are responsible to make sure they receive everything at point of pickup. Absolutely no complaints or adjustments shall be considered on any lots, for any reason whatsoever, once lots have been removed by buyer from 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.
20.
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.
I have read, understand and agree
to accept the above-listed Terms & Conditions of auction.
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