Special Terms
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. 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. Any announcement made sale day shall take precedence over any previous printed advertisement or printed material.
INTERNET BIDDERS: Nutt Auction is providing online internet and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Nutt Auction or anyone else if the Internet service fails to work correctly before or during the live auction. Nutt Auction will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should enter their maximum bid before the auction begins. Nutt Auction may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. All internet sales of property are 'AS IS' and ALL SALES ARE FINAL. In no event shall Nutt Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determination of value.
BUYER’S PREMIUM: 5%
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 personam jurisdiction and venue there.
CHOICE OF LAW: Agreement and any Claim shall be determined and construed under Texas law.
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, bidder is agreeing to be added to Nutt Auction Company's email & text list.
Your registration and participation in this auction through Proxibid is a legally binding contract. 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, TX, the venue of business transactions with Nutt Auction.
