AUCTION TERMS
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1. IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.
2. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.
3. THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER'S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES.
4. THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.
5. BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY EACH INDIVIDUAL AUCTION COMPANY AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THE TERMS AND CONDITIONS OF EACH INDIVIDUAL AUCTION COMPANY INVOLVED AS WELL AS THESE TERMS AND CONDITIONS.
6. ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER.
7. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED.
8. TIME SHALL BE OF THE ESSENCE.
9. THERE SHALL BE NO RETURNS OR EXCHANGES. ALL PROPERTY IS SOLD "AS-IS". IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED.
10. VENUE & JURSIDICTION OF ALL DISPUTES. ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE STATE COURT OF WARREN COUNTY, MISSOURI.
11. CHOICE OF LAW: THE LAW OF THE STATE OF MISSOURI SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE.
12. BIDDER ACKNOWLEDGES AND AGREES THAT AUCTIONEER IS ACTING SOLELY AS THE AGENT FOR THE SELLER IN THIS AUCTION.
13. DISCLAIMER OF WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. I AGREE TO RECEIVE EMAILS FROM ABLE2BID.COM REGARDING UPCOMING AUCTIONS
Buyer's Premium
Buyer's Premium
10.00%
GENERAL TERMS AND CONDITIONS FOR ABLE2BID.COM AUCTIONS (Able2bid.com)
THIS IS AN ONLINE ONLY AUCTION BOUND BY ALL LEGAL RIGHTS AND REMEDIES IN THE STATE MISSOURI.
AUCTION CLOSING DATE:
The auction will close according to the terms listed specifically within each auction. Any terms or conditions listed for a specific auction will supersede those listed within the general terms in this agreement. Along with closing date and time, item inspection, location and removal times will also be listed for that specific auction.
BUYERS PREMIUM/SALES TAX:
A twelve percent (10%) buyer's premium will be added to each purchase. If you bid $100.00, at checkout you will be charged $110.00 plus sales tax based on the location of the auction. If tax exempt, contact Able2bid.com Auctions to provide tax exempt form.
PAYMENT:
Invoice must be paid prior to removal of items. Payment must be made prior to, and a *Paid in Full* invoice must be presented when picking up. Regardless of pick-up location, all payment arrangements must be made within1 business days of the auctions closing. Business days are Monday-Friday. If invoice payment arrangements are not made by this time, you authorize your credit card on file to be charged for total amount plus a $25.00 late payment fee. No late fees will be removed from an invoice once they are added. It is your responsibility as the buyer if you have not received a paid invoice via email within 24 hours of submitting payment to contact Able2bid.com to verify receipt of payment in order to avoid being charged a late fee. Accepted forms of payment include cash, PayPal, money order, Visa, MasterCard, American Express and Discover. A valid credit card must be kept on file with Able2bid.com at all times. Able2bid.com has the right to submit an authorization from time to time to ensure the credit card is valid. If the card becomes invalid, Able2bid.com will disable your bidding rights and they will not be reinstated until a valid credit card is provided.
REMOVAL:
Once an auction has ended, the items become the property of the winning bidder (buyer). Buyer assumes all risk of loss and damage to property from that point forward including at the premises of the sale. The removal date and time will be posted on the terms for each individual auction. REMOVAL TIMES ARE ABSOLUTE IF YOU CAN NOT REMOVE YOUR ITEMS DURING SCHEDULED PICK-UP TIMES, DO NOT BID! Failure to remove during scheduled load out time may result in item forfeiture. Ownership of item will then revert to party with primary vested interest in the item to sell or dispose of item as it sees fit. Any funds paid shall be forfeited to satisfy terms of sale. The buyer agrees to pay all deficiencies, legal, collection and other fees including transportation and storage expenses associated with delinquent accounts or abandoned/forfeited items. Premiums and fees remain applicable.
DYNAMIC/STAGGERED CLOSING:
If a bid is made within the last 3 minutes, the closing time for that item will be extended for five (5) minutes in order to imitate a live auction as closely as possible.
CAUTION TO THE BIDDER:
For demonstration purposes, various pieces of equipment may be joined together. Do not assume a lot consists of more than one item simply because they are connected together. You are bidding on the item as it is described and not the item in the photo. Able2bid.com makes an effort to ensure the descriptions are accurate and the photos match as well. However, an error can occur in the listing and in that case, it will be the description and not the photo that will be the item won. If you feel there is a discrepancy or error between a listing and a photo, contact Able2bid.com for clarification and notification of error.
WARRANTY & CONDITIONS OF ITEMS SOLD:
All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. Descriptions are believed to be accurate but not guaranteed. When not certain of the condition or use of an item, please bid accordingly.
CHOOSE WISELY:
We want everyone to get a good deal, and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistake. Once bidding ends, the item is contractually sold to the highest bidder and that item is the buyer's property. When in doubt about condition, completeness or suitability for intended use, please bid accordingly. Able2bid.com reserves the right to add or remove items from an auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an item and/or auction event, and make changes to the auction closing, inspection, or removal times.
LIABILITY:
Able2bid.com and Seller's liability shall be limited to the refund of bidder's purchase price.
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