Special Terms
CONDITIONS OF SALE
These are the Conditions of this public sale. Auctioneer is Hess Auctioneers LLC, agent for Seller. Acceptance of a bidder number constitutes acceptance of these Conditions. Sale is by public auction, which may be recorded. High bidders shall deliver signed documents per item. Bidders violating any of these Conditions may forfeit auction participation.
1. The Property. The property to be sold consists of goods as shown on the Catalog of even date as Purchaser’s signature below. All sales are final. All property is sold AS IS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING EXPRESS WARRANTIES AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. Auctioneer relies upon Seller to prepare descriptions of the property to be sold, and any error in such descriptions is not due to any action or omission of Auctioneer. Bidders shall inspect the property prior to bidding, with no reliance whatsoever on any written description prepared by Seller or Auctioneer as to year, make, model, or condition of any property.
Purchaser warrants and represents that such inspection by Purchaser has addressed any and all Purchaser concerns about the condition of the Property.
2. Bidding. The high bidder will be the Purchaser when Auctioneer announces that the property is sold. The high bidder shall immediately sign these Conditions of Sale and Purchaser’s Agreement and pay the purchase price in full. If any dispute arises among bidders, the property may be offered for renewal of bidding. The Seller and Auctioneer reserve the right to reject bids, and to withdraw from sale any items on the Catalog. By participating in our auction, Bidder/buyer agrees to Pennsylvania Law and Exclusive Jurisdiction in Pennsylvania for any and all disputes.
3. Payment. The full amount of purchase money and applicable sales tax shall be immediately (unless another time is agreed upon by Seller and Purchaser) paid in cash or via cashier’s check, bank check, certified check, money order, certain approved credit cards (photo ID required, and credit card payment will not be accepted in excess of the Credit Card Sale Maximum amount as reported on the day of the sale), or, provided Purchaser offers a bank letter of credit to fully support, then via personal or business check. No other means of payment will be accepted. There is a 3% Administrative Fee, which is waived if paying by cash, check, or wire. If payment in full is not received 1 week from the auction date, buyer will be charged 1% of the outstanding balance per day until balance is paid in full. State sales tax will be charged unless Purchaser has provided a PA Sales Tax exemption form. Please be advised if you are paying in cash, the IRS 8300 Form will need to be completed at time of payment.
4. Title. Purchaser hereby appoints Auctioneer as Purchaser’s agent for the limited purpose of transferring and delivering title to Purchaser. Following payment the Seller shall convey to the Purchaser title to the property, free of all encumbrances not noted in these Conditions, within TEN business days. Payment by a letter of credit from a recognized bank or other financial institution may expedite conveyance of title.
5. Risk of Loss. Risk of loss for purchased property passes immediately to Purchaser upon Auctioneer’s announcement that the property is sold. Any theft, loss or damage occurring after such announcement shall be Purchaser’s sole responsibility. Purchaser warrants and represents that Purchaser has all necessary insurance for any purchased property. Purchaser shall remove all Purchaser’s property from the auction site before the end of the day of the sale, unless otherwise agreed with Seller.
6. Default. If the Seller is unable to give title as required by these Conditions, the Purchaser’s sole remedy shall be to (1) take such title as Seller can give, or (2) require Seller to return all payments. Upon such return all further obligations of both Seller and Purchaser under these Conditions shall terminate. The time for payment is of the essence. If the Purchaser does not comply with these Conditions, the Seller, in addition to all remedies provided by law, may resell the property at public or private sale, with or without notice to the present Purchaser, and retain any advance in price, or hold the present Purchaser liable for any loss resulting from such resale. Purchaser shall pay actual attorney’s fees and court costs incurred by Auctioneer or Seller or both of them in enforcing this agreement.
7. Miscellaneous. These are all the conditions of sale, and may be changed only in writing signed by Seller. The parties agree that jurisdiction and venue for purposes of this agreement shall be Lancaster County, Pennsylvania. “Seller” and “Purchaser” include all who sign in those respective capacities. If more than one person signs as Purchaser, they have joint and several responsibility hereunder.
Please be advised that there are hazards on our property including, but not limited to moving vehicles and equipment, metal objects, uneven surfaces and wet or slippery surfaces. Please proceed with caution at your own risk.
8. Buyer’s Premium. HESS AUCTIONEERS, LLC will charge and retain a Twelve PERCENT (12 %) buyer’s premium on each Listed Item sold at the Auction Sale up to $9,999.99. HESS AUCTIONEERS, LLC will charge and retain a Seven PERCENT (7 %) buyer’s premium on each Listed Item sold at the Auction Sale $10,000.00 to $249,999 and Five (5%) buyer’s premium on each item listed and sold for $250,000.00 and up.
