Special Terms
ONLINE AND ON-SITE PERSONAL PROPERTY AUCTION TERMS:
Bidding Errors: All bids are binding and final once an item has been sold. Once bidding for a lot has closed, bids cannot be deleted or removed. Please review your bids on the review page prior to submitting the bids. Outbid notifications are sent as a courtesy only and the auctioneer, seller, licensees, agents or employees are not responsible for errors, omissions and/or timing of outbid notices. Auctioneer reserves the right to refuse off-increment bids.
Online Bidding Disclaimer: Online bidding during a live on-site auction is provided by the Auction Company as a courtesy to remote bidders. Deference is given to our on-site Auctioneer and their discretion to resolve any disputes or irregularities, and preference is given to our on-site bidders. Auction Company utilizes third party bidding platforms (herein “bidding platform”) to facilitate the collection and recording of online bidders. By agreeing to these terms, bidders agree to hold harmless Auction Company and all Bidding Platform providers for technical errors and mistakes that may arise from connectivity issues on the part of the Auction Company and the bidder. Errors may occur.
Absentee Bids: Auction Company may record and execute Absentee Bids on behalf of bidders who wish to bid but cannot attend in person or participate online. The Auction Company does not disclose the name of registered Absentee Bidders. Absentee Bidders acknowledge that by registering an Absentee Bid with the Auction Company, the Auction Company has competing duties and that the Auction Company will defer to the higher duty owed to the Seller.
Starting Bids: Our on-site auctioneers do not accept starting for less than $5.00 for any lot and reserve the right to accept bids in the increments of their choosing and at their sole discretion.
Special Notice: The inventory being offered in this auction is part of an on-going commercial operation. Items will be added to this catalog as the auction date approaches. The hours and mileage on vehicles will increase.
Additional Terms and Conditions:
Terms: 15% Buyer's Premium on all purchases. Cash accepted. Checks accepted with positive ID and Auction Company approval. All major credit cards accepted. Buyer’s Premium reduced to 10% for on-site bidders paying with cash or check. Buyer’s Premium is 15% for all bids executed via the internet bidding platform.
15% Buyers Premium on ALL ONLINE Purchases.
As-Is, Where Is: All items and lots are sold on an As-Is, Where-Is and With All Faults basis without exception. There is no warranty of any type expressed or implied as to the fitness or merchantability for any particular purpose of any goods offered in this auction. Buyers understand that all lots and items are being offered as used and therefore have some level of wear and/or damage and are by the very nature of being "used and/or pre-owned and/or aged" are at some level of defective. The auctioneer and seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the buyer's sole obligation, risk and expense. No sale shall be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the auctioneers, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. Buyers will accept the items or lots despite any defects or conditions, known or unknown, visible or not visible, and therefore buyers do by these presents remise, release, acquit, quit claim and forever discharge the sellers, auctioneers, licensees, employees and agents from any and all claims now and in the future. The buyers hold the obligation and duty to inspect all items and lots during the inspection period prior to any bidding. Buyers are urged to physically inspect the items or lots during the inspection period. No bids can be withdrawn during or after the auction for any reason. The buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by the auctioneer. Buyer also agrees that any oral, written or electronic representation made by the auctioneer, seller, employees or agents shall not modify these terms. The buyer understands that any description given in the catalog or written on the lot is not guaranteed, and the buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by the auctioneer, seller, employees or agents for any errors or omissions. Every item sold is sold As-Is, Where-Is. Joe R. Pyle Auctions provides condition information only as a courtesy to the bidders and is not responsible for errors in description or condition. Buyers have the opportunity to view the items in person and determine the condition as well as any other factors relating to the description of the item and have the obligation to do so prior to bidding.
Forfeiture: If you do not wish to pick up or ship your items, you may forfeit them. In this regard, to forfeit your items is defined as relinquishing all ownership and claim to the items in question to the auctioneer with no expectations of reimbursement; however, you are still responsible for the invoice total. No refunds will be made if you decide to forfeit your items. If you wish to forfeit your items, please contact us on or before the removal deadline. Buyer agrees that any and/or all remaining lots left after removal deadline are considered to be forfeited, but buyer is still responsible for invoice total.
Removal of Items: Local pickup is available on the designated date and time only, no other arrangements can be offered. The Auction Company does not offer shipping services. The Auction Company does not offer delivery services or storage services. Winning bidders must pick up items during the scheduled pickup times. If the winning bidder cannot appear at the pickup location during the scheduled pickup time, it is the bidder's sole responsibility to make arrangements for a third party to retrieve their items during the pickup time. If that third party is a shipping agent or pack-and-ship company, the bidder will be contracting and paying directly with that agent or company and without the auction company's participation. The Auction Company will not transport items to the pack-and-ship agent or deliver items to any third party.
Boxes: 20”x16”x14” boxes will be available at pickup for purchase for $3 each.
Inspection of Items: Every item in this auction is available for bidder inspection prior to the auction ending (either during the scheduled preview session or by appointment in limited circumstances). By bidding, each bidder acknowledges and agrees that they have had a full and fair opportunity to inspect the item or lots and is relying solely on the bidder's personal inspection, whether in person, through proxy, or based on the provided photographs and opinion in determining whether to bid, in determining the amount to bid and/or maximum bid, and in submitting the bid/max bid.
Titles: Titles for any vehicles will be sent to buyer 10-15 business days following receipt of payment. Please note: any bank-held titles may take up to 30 business days for processing.
Payment:
Online Bidders: Credit Card payment will be accepted for invoices totaling $9,999.00 or less. Invoices over $10,000.00 or more require payment via wire transfer, cashier’s or certified check, or cash. Cash payments of $10,000.00 or more will require the payor to complete in full IRS Form 8300, Report of Cash Payments Over $10,000 in a Trade or Business. The credit card on file with your online account will be charged automatically at the conclusion of the auction if your total invoice is $9,999.00 or less. If your card on file is declined or cannot be processed for any reason, you will be contacted within 24 hours to arrange alternate payment. Your invoice must be paid in full before taking possession of the items. For declined cards, payments accepted at pickup may be in the form of cashier’s check or money order, business checks or personal checks will be accepted only with positive ID and Auction Company approval. Business or personal checks of $10,000.00 or more must be accompanied by a Bank Letter of Credit. Cash payments at pickup our discouraged.
On-Site Bidders: Please pay your invoice total in full with our cashier before loading the items you’ve won. We accept cash, check (with positive ID and Auction Company approval), and all major credit cards. For on-site bidders bidding in-person and paying with cash or check, the Buyer’s Premium will be reduced to 10%. Credit Cards will not be accepted for invoices for $10,000.00 or more.
Choice of Venue / Jurisdiction: By registering to bid and accepting the Auction Terms, Bidder hereby agrees and consents to the exclusive jurisdiction of and venue in the Circuit Court of Harrison County, West Virginia related to all disputes arising out of or related to the entire Auction process and sale, including, but not limited to, all disputes requiring litigation or arbitration. By registering to bid and accepting the Auction Terms, Bidder affirmatively waives all jurisdictional and venue defenses to actions filed in the Circuit Court of Harrison County, West Virginia, and Bidder affirmatively submits to the exclusive jurisdiction of and venue in that Court.
15% Buyer's Premium on all online Personal Property purchases.
JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE
(888) 875-1599
5546 Benedum Drive Shinnston West Virginia 26431
www.joerpyleauctions.com
Joe R Pyle 2016000088
Charlotte Pyle 2016000087
Alan Heldreth 2016000090
Robert Phillip 2019000030
Bob Stewart, III 2010000029
