All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") are offered by Accelerated Auction Solutions ("Auctioneer"), as Seller's agent, subject to the following Terms and Conditions of Sale, which, combined with each Auction’s specific terms as posted in materials and on the web, make up the Complete Terms and Conditions of Sale.
1. Registration Deposit. Auctioneer shall authorize Buyers’ provided credit card for $10 (Ten Dollars) as an Auction Registration deposit. This authorization will place a 3-7 day hold on these funds with your credit card company, but will not be charged unless purchases are made.
2. Buyer’s Premium. A 15% Buyer’s premium will be added to the price of each item purchased.
3. Payment. VISA, MC, AMEX AND DISCOVER CREDIT CARDS ONLY ARE ACCEPTED. All payments are due upon the close of the Auction. Buyer hereby authorizes Auctioneer to process the payment for their purchasers using the credit card provided. Auctioneer will email an Invoice to Buyer upon processing payment. Buyer hereby waives their rights to credit card chargebacks.
4. Sales Tax. Auctioneer shall collect and Buyer shall pay all sales tax, which will be added to the purchase price, including the buyers’ premium, on all purchased items. PRIOR TO THE CLOSE OF THE AUCTION, If buyer has a valid sales tax number and is purchasing for resale, buyer must fax their resale permit number and complete a ST-5 resale certificate to Fax number 888-316-3852 prior to the auction closing. Unless this is received prior to the close of the auction all applicable sales tax will be charged.
5. Bidding. All bids must be submitted using the online bidding system. Buyer is responsible to confirm their bids for accuracy. Selecting the Review Bids function at any time may do this. Bidders will receive outbid notifications via email up until the last day of the auction, after which time you must log in to the bidding site to confirm your bids. Auctioneer is providing Internet bidding as a service to Buyer using a 3rd Party Bidding System. Under no circumstances shall Buyer hold Auctioneer liable for system failures resulting in Buyer’s bid not being properly submitted. This auction uses staggered closing times and dynamic closing. This means that bids received in the final minutes before an items scheduled close time will extend the bidding an additional 3 minutes. Auctioneer reserves the right add to, group, withdraw or re-catalog items in this auction, as well as adjust minimum bids and/or reserve prices and extend or shorten closing times.
6. Representations. All items are being sold As-Is with no warranty. Auctioneer shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Client will assume responsibility for Buyer’s bidding errors. It is Buyers’ full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions. Auctioneer shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly.
7. All Sales are Final. A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.
8. Removal of Items Purchased. AUCTION REMOVAL DATE: SUNDAY, FEBRUARY 24 9:00 - 3:00PM & MONDAY, FEBRUARY 25 2:00PM - 5:00PM. Buyer is solely responsible to remove purchases within the time frames posted. If you are unable to pickup your purchases in the allotted time frames, do not bid at this auction. All purchases must be paid in full before items will be released from the premises. Buyer must provide its own materials and packing supplies. Buyer must provide its invoice and I. D. at time of pickup.
In the event Buyer requires shipment of its purchases, Buyer is responsible to arrange to have its purchases packed, insured and shipped, and shall accept full responsibility for any damages, losses, acts or omissions once Buyer's representative removes purchases from the sale site. For this auction we offer the option of having your purchases delivered to the UPS Store, 5456 Peachtree Industrial Blvd., Atlanta, GA 30341. UPS will pack & ship your items and bill you directly for this service. You must complete a UPS Release Form before your items can be shipped. Call 404-368-0683 to request this form. In the event Auctioneer assists Buyer with this process, it does so as a courtesy, and shall assume no responsibility for damages, losses, acts or omissions of any packer or carrier, whether or not Auctioneer refers such packer or carrier.
9. Failure to Remove Purchases. In the event items are not removed in the time frames allotted, the items purchased shall be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. Auctioneer shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer’s obligations hereunder.
10. Failure to Pay. In the event Buyer fails to pay the entire purchase price by the payment deadline, Auctioneer may retain and/or recover, upon demand, from Buyer the required Deposit per Paragraph 1 as liquidated damages for such failure. In addition thereto, Auctioneer may, at its discretion, either resell Buyer's items at a public or private sale without further notice to Buyer and/or dispose of the item at Buyer sole expense. Any difference between the bid price for an item by the defaulting Buyer and the price received by Auctioneer at a resale shall be paid to Auctioneer by the defaulting Buyer. In addition, a defaulting Buyer shall be deemed to have granted Auctioneer a security interest in the item, which Auctioneer shall retain as collateral security for Buyer’s obligation to Auctioneer.
11. Non-Delivery. Until such time as purchased items are removed from the premises by the Buyer, Auctioneer shall have the right to cancel or void the sale of any such items purchased by Buyer. Auctioneer shall have no liability to Buyer due to the non-delivery of any purchased item other than the return of Buyer’s deposit for a canceled or voided sale item. No claim of any kind for purchased items, whether or not based on negligence, shall be greater in amount than the purchase price paid by Buyer.
12. Absence of Warranties. The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by Auctioneer is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer’s behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH ALL FAULTS”. AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
13. Acts of Others. Persons in attendance during inspection, sale 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 Auctioneer, and local, state and federal regulations. Neither Auctioneer, its agents, its employees or representatives shall be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, its agents and representatives from all liability thereof.
14. Limits of Liability. In no event shall Auctioneer’s liability to Buyer exceed the purchase price actually paid for an individual item or lot. 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. Buyer further acknowledges that each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned upon another transaction. Buyer hereby holds Auctioneer harmless from: (1) the acts or omission of any party who provided any items to Auctioneer for sale, (2) the acts or omission of the owner or Lessor of the auction site or the site where the auctioned items are stored, (3) any claims Buyer may have against Auctioneer, Auctioneer’s client(s) or any former owner of the property being sold, (4) Buyer’s failure in any way to properly inspect items and/or fulfill its obligations per the terms and conditions of the sale, as indicated within this document or as announced by Auctioneer at the time of sale. In the event Buyer provides a deposit or payment using a Credit Card, Buyer acknowledges that it is purchasing under the As-Is, Where-Is terms of the auction and that Buyer shall waive all rights of charge back based on any claims of misrepresentation, non-delivery or non-performance.
15. Right of Removal. Auctioneer reserves the right to remove any person from the auction site and to refuse that individual’s bid, whether offered live, by proxy or by Internet. In such event, any outstanding deposit will be immediately returned.
16. Indemnification. Buyer shall indemnify, hold harmless and defend Auctioneer, owners and building owners from and against any and all losses, damages, liabilities and claims, including attorney fees, costs and expenses arising out of based upon or resulting from: (1) failure to secure all safety equipment and to meet all applicable government safety standards in removing items purchased or used by Buyer, (2) failure to comply with safety instructions issued to Buyer from Auctioneer, (3) any act or omission of Auctioneer, owners, building owners or their respective agents, representatives or employees, relating to or affecting the items bid on or purchased by Buyer, (4) the claim of any third party claiming or challenging title to any items purchased by Buyer or claiming infringement of any proprietary interest, (5) the claim of any person resulting from Auctioneer offering for sale or selling the items purchased by Buyer, (6) any injury to Buyer or any other person or property of any type whatsoever caused during the inspection, dismantling, removing or transporting of items purchased by Buyer.
17. Bidder’s Number. The bidder’s number is nontransferable. All bids made using the bid number will be the responsibility of Buyer.