Special Terms
Each auction listing will include a “Terms of Sale.” Any terms or conditions listed for a specific auction are in addition to these terms and, in the event of an inconsistency, will supersede these Terms and Conditions . Each specific auction will list the closing date and time, item inspection, location and removal times. By bidding on an item, you agree to those terms.
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 or photographed together. You are bidding on the item as it is described and not the item in the photo. We make 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 the description of the item controls. If you feel there is a discrepancy or error between a listing and a photo, contact US for clarification and to notify us of the error.
WARRANTY & CONDITIONS OF ITEMS SOLD
All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but not guaranteed. We will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. When not certain of the condition or use of an item, please bid accordingly. Property is open to thorough public inspection. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is your responsibility to determine condition, age, genuineness, value or any other determinative factor. It is your sole responsibility to inspect and investigate the items for sale. It is your responsibility to verify all specifications and measurements prior to placing a bid. It is your responsibility to determine condition, age, genuineness, value or any other determinative factor.
ALL SALES ARE FINAL. We are not responsible if you bid on the wrong item or decide an item is not suited for your intended use. 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.
CHANGES
We reserve the right to add, remove or re-catalog 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.
REMOVAL
Once an auction has ended, the items become the property of the winning bidder (buyer). You assume 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 purchased items during time allotted pick-up time will result in items considered abandoned. 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. You agree 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.
You are 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 at the sale and any and all risks associated with such removal including, where applicable and without limitations, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnections, and full financial responsibility for any damage or liability to persons or property resulting from any of you negligent acts or omissions or those of your employees, agents and/or contractors during pick-up and removal. You and your agents and contractors shall not unreasonably interfere with the seller's business operations in the Building. You agree that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, you will provide to B&B Store Services or the seller evidence reasonably acceptable to B&B Store Services that you or your representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. B&B Store Services and the seller, their agents or representatives will not be responsible for containment, storage or removal of hazardous material. You must remove all purchased items. There is no right of abandonment. Failure to remove purchased items is a breach of contract, and will result in additional charges for removal.
You are responsible for providing all labor, material, insurance (general liability for injury to person and damage to property in an amount not less than $2,000,000 for each occurrence) and equipment (fork lifts, dollies, ladders, tools, etc.) to properly execute removal and you shall comply with all applicable laws and regulations related thereto. B&B Store Services may, in its discretion, make removal equipment available for an additional fee. Before entry into the Building for removal by you or your agents, employees or contractors, you shall provide B&B Store Services with a Certificate of Insurance indicating the insurance coverage required by the preceding sentence and which shall provide that the seller be provided with thirty (30) days written notice prior to cancellation of such policy.
In the event you fail to comply with any of the terms and conditions of the sale, B&B Store Services or the seller may collect damages from you. You agree to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorneys' fees and reasonable attorneys' fees on appeal.
In the event an item is not available for pickup, you must notify our onsite staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, B&B Store Services and buyer agree that no adjustment or refund will be made.
