Special Terms
TERMS AND CONDITIONS
BUYER’S PREMIUM: 8%. $35 Title fee will be charged on ALL titled inventory.
PAYMENT: All invoices must be paid in full by 3:00 pm on Tuesday, January 17, 2023. Nutt Auction only accepts cash, cashier’s check wire transfer and personal or company check with LETTER OF GUARANTEE FROM YOUR BANK.
TITLE FEE: A title fee of $35.00 will be charged to the Buyer of all vehicles with a title. If Nutt Auction or seller can't deliver clear title on a purchase, the buyer is entitled to a full refund of the purchase price.
REMOVAL: Buyers cannot remove their purchases from the auction site until their invoice is paid in full. Load out is on:
Saturday, January 14, 2023 (Auction day) until dark.
Sunday, January 15, 2023 - 9:00 am - 3:00 pm
Monday, January 16, 2023 - 9:00 am - 3:00 pm
Tuesday, January 17, 2023 - 9:00 am - 3:00 pm
There will be a $100 pickup fee charged for items not picked up during the scheduled pickup times. All items must be removed by Tuesday, January 31, 2023 @ 1:00 pm cst unless other arrangements have been made with Nutt Auction. Any item not picked up by Tuesday, January 31, 2023 @ 2:00 pm cst it will become abandoned property. LOADING & HANDLING HEAVY ITEMS WILL BE THE RESPONSIBILITY OF THE BUYER.
AS IS SALE: All property is sold 'AS IS' and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determination factor. Bidder shall be the sole judge of value. 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. Nutt Auction shall endeavor to describe each item and pertinent information about it. Nutt Auction will not be responsible for any errors or omissions in the description of the merchandise. We reserve the right to bid on an item for the Owner/Consignor if a minimum bid placed by the seller is not met. Nutt Auction employees are allowed to bid on auction items. Any statement made by the Auctioneer is an opinion and does not constitute a warranty or representation. Nutt Auction reserves the right to withdraw or re-catalog items in this auction. Nutt Auction Company & workers have the right to participate in bidding whether live or online. Any announcement made sale day shall take precedence over any previous printed advertisement or printed material.
NO WARRENTY: NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY ITEM. NUTT AUCTION EXPRESSLY DISCLAIMS ANY EXPRESS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any description of merchandise contained in this Auction is for the sole purpose of identifying merchandise for those Bidders who do not have the opportunity to view merchandise prior to bidding, and no description of merchandise has been made part of the basis of the bargain or has created any express warranty that merchandise would conform to any description made by Auctioneer. Color variations can be expected in any electronic or printed image and are not grounds for the return of any lot.
VEHICLES: All vehicles are sold “As is, where is” and Nutt Auction makes no guarantees, warranties or representations, expressed or implied, with respect to the vehicles or other description of authenticity of physical condition, size, quality or rarity of the vehicle. No statement, whether oral or written, shall be deemed as a guarantee, warrantee, or representation. Prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. , Buyer hereby waives and releases Nutt Auction from and against any claim, demand, liability or expense of any kind arising out of or related to the vehicle, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or breach of warranty. Nutt Auction is acting solely as Seller’s agent, and assumes no liability for any affirmations, representations, warranties or guarantees made by Seller. All defects and flaws with a vehicle will be the buyer’s responsibility once purchased by buyer. Buyer should be aware that they are purchasing a used vehicle as it sits on the auction location “As is” with No warranty or guarantee whatsoever. Auctioneer have made an attempt to supply the buyer with a general description of each vehicle and do not guarantee the accuracy of the information supplied.
RELEASE: In consideration of participation in Auction and the placing of a bid, Bidder expressly releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts that provide second opines, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rights and privileges conferred therein are strictly construed as specifically declared herein and are the exclusive remedy.
DISPUTE RESOLUTION, EXCLUSION JURISDICTION AND VENUE: All claims, disputes, or controversies in connection with, relating to, and/or arising out of Bidder’s participation in Auction or purchase of any lot, any interpretation of the Terms and Conditions of Sale or any amendments thereto, any description of any lot or condition report, any damage to any lot, any alleged verbal modification of any term of sale or condition report or description, and/or any purported settlement whether asserted in contract, tort, under Federal or State statute or regulation, or any claim made by Bidder involving a warranty or representation of a consignor or other person or entity including Auctioneer shall be exclusively heard by, and the Bidder and Auctioneer each expressly consent to the County Court at Law of Bowie County, Texas, and if necessary the corresponding appellate courts. Bidder agrees and consents that the exclusive subject matter jurisdiction for any claim or suit is in the County Court at Law of Bowie County, Texas and the consumer consents to subject matter, in persona jurisdiction and venue there.
AGREEMENT TO TERMS AND CONDITIONS: These Terms & Conditions provide specific remedies. Your registration and participation in this auction through Proxibid are a legally binding contract. By placing a bid or otherwise participating in Auction, Bidder accepts these Terms and Conditions. In the event that a buyer refuses to pay in full for an item or items purchased at this auction, Nutt Auction retains the right to pursue payment as well as compensation for any applicable legal fees to the full extent of the law in Bowie County, Texas, the venue of business transactions with Nutt Auction. Any bidding disputes shall be determined and resolved by the auctioneer at his sole discretion. All decisions of the auctioneer are final. By registering for this auction, you agree to allow Nutt Auction Company to add your phone number & email address to their customer list. You agree to receive email and text correspondence from Nutt Auction Company.
