Special Terms
1) All Internet Buyers must provide the information required by the auctioneer in order to be approved. If a bank letter of credit is required, it must read "Mr. (Customer Name) Is a customer In good standing at our bank. We will guarantee the payment of checks on his account (account number) up to (specify amount) dollars for purchase at your auction at (Auction Location) on (Auction Date). We hereby agree that no stop payment will be issued In conjunction with this letter."
2) Buyer will pay a 5% Internet Purchase Fee on the "hammer price" (winning bid amount) for all online purchases plus the Auctioneer’s Buyers Fee.
3) Applicable State of Sales Tax will be charged on all Lots. Bidders from outside the State will be exempt from Sales Tax if they provide an approved tax exemption status form and exception certificates that are acceptable to the State.
4) PAYMENT INSTRUCTIONS: The Auction Company will email successful bidders an invoice following the close of the auction. Payment is due within 48 hours of receiving the invoice. Acceptable terms of payment are: ACH(electronic check), wire transfer (Buyers are responsible for any fees associated with sending a wire transfer) or credit card (4% fee charged to Buyer). Items not paid for within 48 hours are considered abandon and the Auction Company has the right to sell those items without consent of the high bidder, and the high bidder shall have no claim to the property or claim against the Auction Company or Seller. Equipment must be paid in full and the Auction Company received the funds before any equipment will be released. NO EXCEPTIONS! Internet Buyers agree to pay the stated online Buyers Premium to the auction company.
5) All purchases must be removed from the premises in one week.
6) Bidders are personally responsible for any bids made with their Bidding Number. If the highest bid for any particular lot is submitted using your Bidding Number, you are responsible and liable for any payments due hereunder, without protest, set-off or claim against the Auctioneer or online bidding platform.
7) The Auctioneers shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right to reopen bidding. The Auctioneer's designation of a buyer shall be final. The Auction Company reserves the right to make any necessary designations or determinations following the auction.
8) Neither Auctioneer nor the online bidding platform shall be liable for any loss or damage howsoever arising (including but not limited to costs of attendance of Bidders at the Auction) from any Lots not presented for sale. Bidder acknowledges and accepts responsibility for any personal injury or property damage caused by the Bidder or his Agent, and further agrees to hold the Auction Company, Staff, Employees and Auctioneers harmless from any personal injury to himself or his Agents and any property damage incurred on auction premises.
9) Bidder acknowledges and accepts and understand that the descriptions of the Lot(s) in the catalogue for each auction are provided by the Vendor(s) or other third parties over whom the Auctioneer and the online bidding platform have no control, not by the Auctioneer or the online bidding platform. The Auctioneer and the online bidding platform shall not be liable for any deficiencies, misstatements, misrepresentations and/or errors in any description(s), oral or printed, and neither the Auctioneer nor the online bidding platform guarantee or warrant the authenticity, genuineness, origin, age, condition or quality of any Lot(s), and all statements as to these matters whether contained in the catalogue or made orally are statements of opinion only and not to be taken as being or implying a statement or representation of fact by the Auctioneer or the online bidding platform. All claims against the Auctioneer and the online bidding platform, and their respective employees and agents, arising out of or related to any Lot description are hereby waived and forever released.
10) Each and every Lot is sold "As-Is, where -Is ." The Auctioneer and the online bidding platform provide no guarantees or warranties whatsoever, express or implied, in respect of the equipment contained in or constituting a Lot. All representations made by the Auctioneer and the online bidding platform, as well as their respective employees or agents, are to be considered lay opinions only and neither the Auctioneer nor the online bidding platform shall be liable for any purchase made by a Buyer in reliance upon them, and all such claims arising out of or related thereto are hereby waived and forever released. NO WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS, WITHOUT GUARANTEE OF ANY KIND. The descriptions of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by the Owner (or his/her agents or officers) or the Auctioneers (or his/her agents or officers) or the Auction Company (or agents or officers of) concerning any item shall be construed as a warranty, either expressed or implied. It is the bidder’s responsibility to determine age, condition, genuineness, value and other attributes of the property. Bidders who bid from off-site and are not present at the live auction understand and acknowledges and accepts that they may not be able to inspect an item as well as if they examined it in person. Pictures are for reference only! Entz Auction shall not be responsible for errors and omissions in the description of any items. The auction company may attempt to describe the property in advertisement, on the internet, or at the auction in print or verbally but make no representation. By registering for this auction, each Bidder acknowledges and accepts this and agrees to have examined/reviewed this property and accept it.
11) The Buyer agrees to insure the equipment or item purchased against all losses from the Auction Date until removal of the Equipment by the Buyer. Neither Auctioneer nor the online bidding platform shall have any responsibility or liability whatsoever for or pertaining to the equipment or item purchased once the Buyer has been determined to be the successful bidder.
12) The Auction Company is providing internet bidding as a service to bidders. Bidder acknowledges and accepts and understand that this service may or may not function correctly the day of the auction. Under no circumstances shall a bidder have any claim against the Auction Company, Staff, Employees, Auctioneers, the Seller, or the internet bidding platform, or anyone else if the internet service fails to operate correctly before, during or after the auction. The Auction Company will not be responsible for any missed bids from any source. Internet bidders are aware of the pre-bid feature allowing them to leave their maximum bid before the auction begins. The Auction Company reserves the right to withdraw, re-catalog or update the description or quantity of any items in any auction.
13) Regarding titles; Oklahoma does not require titles on all trailers. However, we will gladly provide a Notarized Bill of Sale when applicable so you can apply for a title. When purchasing a titled item, we mail titles no sooner than 2 weeks following the auction. If you have any questions regarding titles, please contact the Auction Company before bidding. If you see a G, Y or R in an item that means: G or Green means the item has a title and we have it in our office. Y or Yellow means we have been told there is a title but do not have the original in hand. We may have a copy of the title or been told by the Seller they have applied for a new/lost title. R or Red means there is not a title and we do not have and never will have a title to convey. As mentioned above, we will gladly provide a bill of sale when applicable.
14) Equipment left for more than 45 days at our Hydro, Oklahoma facility and not consigned for sale or auction will be subject to a $10 per day per item storage fee. Equipment left at other locations and not picked up by the designated pickup dates, will be considered abandoned by the Bidder and forfeited to the Auction Company. There shall be no refunds or reimbursements of any kind.
15) Online bidders understand that neither the auction company nor the seller are responsible in the event of lost or delayed signal. We attempt to provide a service to all customers, however online bidding can have issues or delays. Online bidders are aware of these possible complications and accept the outcome decided by the Auctioneer/Auction Company. I have read the bidder terms and conditions and hereby agree to the above terms and conditions of the auction.
16) The Auction Company reserves the right to request a letter of credit/guarantee from your bank. If requested, this letter must be for this auction only, along with proof of identity. Payment can only be made in U.S. dollars.
17) Shipping Instructions: Shipping is the sole responsibility of the winning bidder. Please contact the auction company for 3rd party shipping referrals or recommendations. Please note that an hourly loading fee may be charged at the auction company’s discretion if you require extra loading assistance. We do not provide tools, torches or any other equipment. If the equipment requires disassembly, that is the sole responsibility of the Buyer or the Buyers Shipping Company. We do not provide tire/wheel/dual removal or installation on any items, but we will provide you with the contact information of area companies that can provide you with those services at Buyers expense. The Auction Company is not responsible for the road worthiness of any equipment or how the equipment is loaded for shipping. The Auction Company does not provide packaging, unless specifically arranged, on any items.
18) The Buyer agrees to insure the equipment or item purchased against all losses from the Auction Date until removal of the Equipment by the Buyer. Neither Auctioneer nor the internet bidding platform shall have any responsibility or liability whatsoever for or pertaining to the equipment or item purchased once the Buyer has been determined to be the successful bidder
19) Online bidders acknowledge and accept there may be announcements made onsite that may not be able to be conveyed to online bidders. The Auction Company is not responsible for information conveyed to onsite bidders during a live auction that may not be conveyed to online bidders.
20) Pre-bidding may be turned on prior to the auction. Bidders acknowledge and accept descriptions of items might be updated/modified slightly if the Auction Company obtains or is made aware of more information. Bidders acknowledge and accept Auction Company reserves the right to re-arrange or modify the sale order at any time prior to an item being sold.
21) If you click bid and are the high bidder, you are subject to the full Buyers Premium regardless of your position as a seller or buyer on that item or other items. Every successful online Bidder pays the Buyers Premium.
22) The Buyer acknowledges he/she has read and agrees to be bound by the additional terms and conditions set forth herein.
