Special Terms
PAYMENT INSTRUCTIONS
FEE SCHEDULE:
Buyer’s premium is added to the high bid price per item. TWELVE PERCENT (12%) buyer’s premium will be charged to the balance of the entire high bid lot price. Payment is expected immediately at receipt of invoice or day of auction. Credit card payments will be charged an additional THREE PERCENT (3%). Sales tax applies unless proof of tax exemption is provided to KITZMAN AUCTION & REALTY COMPANY LLC. Local state, city, and county sales tax applies to all purchases. No items will be removed from premises until payment is made in full. Payment not made by final removal date deadline will be subject to late fee, penalties, and interest up to 18% annum plus expenses related to collection costs.
BIDDER CONTRACT:
This bidder contract is between the person registered to bid via this online platform further referred to as “BIDDER” and KITZMAN AUCTION & REALTY COMPANY LLC further referred to as “KITZMAN”. BIDDER agrees that terms summarized on this registration and set forth fully in the auction catalog set out specific and complete rules of auction. BIDDER agrees that it is BIDDER’S responsibility to obtain and read these rules prior to bidding on any items. BIDDER agrees to be legally bound by these rules. BIDDER agrees that additional terms may be announced or posted from the auction block which shall also be binding to the BIDDER. BIDDER understands and agrees that it is BIDDER’S responsibility to request complete set of rules from KITZMAN.
All announcements made by auctioneer shall supersede any printed material. Online bidders may be required to submit an emailed copy of valid driver’s license or photo ID. BIDDER must make full deposit specific to auction at which BIDDER is bidding.
BIDDER agrees it is BIDDER’S responsibility to inspect each item before bidding and acknowledges that KITZMAN makes no guarantees or warranties, either expressed or implied, as to the condition of the items. BIDDER agrees that description or statement in the auction catalog and internet websites are only a guide and KITZMAN makes no guarantee of the accuracy of the descriptions in the catalog. After BIDDER has won the bid with his/her high bid, all risk of loss and damage passes to BIDDER, even though BIDDER may not have been invoiced or paid for the item yet. Buyers should guard their items accordingly. Items not removed from auction site or defined location by stated removal deadline are subject to a storage fee not to exceed ONE HUNDRED DOLLARS ($100.00) per item per day. Items not removed by deadline will be sold at an upcoming auction to cover cost of storage if outstanding fees have not been paid. BIDDER will be responsible for any remaining storage invoice balance not covered by the auction proceeds.
All items are sold as is where is without guarantee or warranty of any kind. Inspect all before bidding. BIDDER understands he/she will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of federal, state, and local tax codes for any items sold as tax exempt or for resale. BIDDER understands that it is criminal offense to give an exemption certificate to the seller for taxable items that BIDDER knows at time of purchase will be used in a manner other than that expressed in this certificate. Depending on the amount of tax evaded, the offense may range from a class c misdemeanor to a felony of the second degree. BIDDER agrees to pay for purchases and BIDDER represents that he/she has funds necessary for such payment.
No items will be removed from premises until payment is made in full. Payment not made by final removal date deadline will be subject to late fee, penalties, and interest up to 18% annum plus expenses related to collection costs. If BIDDER fails to pay for any or all purchases for whatever reason, including insufficient check or stopped check, KITZMAN shall have the cumulative rights set forth in the complete rules of auction. KITZMAN will contact district attorney for any checks that are returned for insufficient funds or closed account and proceed with all necessary legal action as needed for collection and or prosecution. BIDDER agrees to not reverse or dispute charges for purchases paid for by credit card. By agreeing to the terms of auction BIDDER does authorize KITZMAN to capture the balance due on invoice and charge credit card used for auction deposit if invoice is not paid in full with 48 hours of auction completion.
BIDDER acknowledges responsibility for any personal injury or property damage caused by BIDDER, BIDDER’S GUESTS, OR AGENTS. BIDDER agrees to hold KITZMAN harmless from any personal injury to himself/herself or his/her agents and any property damage incurred on auction premises. BIDDER releases KITZMAN and the seller from any and all liability connected with the removal and transportation of purchases and any and all future uses for the goods purchased herewith.
BIDDER agrees that by registering for an auction he/she will receive advertisements by email, regular mail, and phone call or text message. BIDDER understands that text and phone charges may apply by service provider.
BIDDER grants KITZMAN power of attorney to sign as owner/purchaser on title documentation as necessary to facilitate the transfer of ownership of titled purchases. KITZMAN reserves the right to remove items from auction or skip items once the auction has begun. In the event that an item is removed from auction or skipped, any prebids/absentee bids will be void.
KITZMAN and its employees act merely as agents of sellers. All auctions are with reserve unless specifically stated otherwise. Reserves, if any, are not disclosed. Additionally, bids may be placed at some auctions by the seller, an employee of the seller, or an agent on the seller’s behalf up to the reserve. While the information provided by KITZMAN on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by KITZMAN from sellers and you hereby agree to hold harmless KITZMAN and its employees or any errors or omissions regarding the item(s) being sold. Information includes but is not limited to year, model, machine or engine hours, options, features, physical condition, and other data pertinent to the value of the item. All items are sold as is where is.
Firearms sold at auction are not tested and the condition cannot be guaranteed. Functionality is not guaranteed. No warranty or guarantee is inferred nor should any be implied on any weapons and it is strongly recommended that the purchaser have all weapons inspected by a licensed gunsmith prior to use. KITZMAN reserves the right to revoke BIDDER’S number and bidding privileges from registered BIDDER and have that individual and their parties removed from the auction site. BIDDER will be responsible for payment of any bids placed prior to removal.
Photography, video, and audio recording is used on the premises and will be used for promotional and/or security purposes. Purchaser will be responsible for the loading, shifting, arranging, removal, insurance, breakdown, and securing of any load for items purchased. It is the buyer’s responsibility to have inspected the item and determined the serial number, year, model, condition, and mileage of the item from your inspection. By agreeing to the terms of the auction you agree to the complete rules of auction. Online bidders who do not pay within two (2) business days of auction will be considered slow to pay and the auction company reserves the right to ban that buyer from bidding at any future auctions. KITZMAN will not split invoice into multiple invoices. KITZMAN will not release any items until invoice or invoices are paid in full. There will be a minimum handling fee of twenty-five dollars ($25.00) per handheld item loaded into a passenger vehicle without assistance that are removed by KITZMAN after pickup deadline. Securement and palettization will cost a minimum of three hundred dollars ($300.00). If carrier freight is required it will be billed at a cost-plus thirty-five percent (35%). Buyer will be responsible for paying these fees before picking up items.
SHIPPING INSTRUCTIONS:
Please contact KITZMAN for shipping and handling information. KITZMAN does not ship but will help buyers arrange shipping by independent carriers. Any containerization, wrapping, or palletization that is required is the responsibility of the buyer. KITZMAN can assist in handling but will result in additional charges to the buyer.
PREVIEW DATE & TIMES:
Inspection and preview days are Monday thru Friday, 8:00AM to 3:30PM. Please inspect all items thoroughly before bidding.
