TERMS FOR SURPLUS AUCTIONS
Note: This is a cataloged
sale and lots will be sold in catalog order.
1. Purchases are cash or guaranteed funds upon
receipt of invoice. Payment method for all lots include cash, cashier's check or money order. NO Credit cards or personal checks accepted.
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 shall be paid in full
by date specified in the shipping and payment terms located in each lot. Any items not removed
by that date shall
be deemed abandoned by bidder and shall be disposed of at bidder’s expense
without recourse. Failure to make payment by payment deadline will result in forfeiture of items in the auction and may result in revocation of bidding privileges with the bidders account.
7. Purchasers are responsible for all costs
involved with removal of their purchases and any and all damages incurred during
removal of purchases.
8. 10% 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. If you, the bidder, are not at
pickup before the last person has finished picking up their purchase(s), your
items will be considered abandoned. Pickup time(s) are sharp, unless otherwise
mentioned, no exceptions.
10. 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.
11. 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.
12. Should a dispute arise after the auction,
the Auctioneer’s records shall be conclusive in all respects.
13. 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.
14. 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.
15. Auctioneer reserves the right to withdraw
any property/item prior to auction.
16. Auctioneer reserves the right to extend auction date(s)/end time at the request of the Seller prior to auction ending.
17. 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, INC. in the future.
18. 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.
19. 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.
20. In event that description differs
from photos, description takes precedence over photos.
21. Buyers are responsible to make
sure they receive everything at point of pickup.
22.
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.
23.
Buyers are responsible for removal of all emblems, logos, lettering, light bars and any other items pertaining to the municipality prior to driving vehicles on roadways..
I have read, understand and agree to accept the
above-listed Terms & Conditions of auction.
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