Special Terms
**The location of the seller (Pooler, GA) is not representative of the individual assets. Please refer to the equipment description to find the location for the asset(s) you are interested in. If you are unable to find the location, contact us with the lot#.
Terms & Conditions
1. ANNOUNCEMENTS - Any announcements made today will supersede all written, verbal, or electronic statements. Information contained herein is gathered from deemed reliable sources but cannot be guaranteed by Black Star A.C.A. or the seller.
2. UNRESERVED AUCTION - Every item is sold to the highest bidder on auction day, with no minimum bids or reserve prices. Owners are forbidden by contract from bidding on items they are selling. Bids are irrevocable, and all sales are final. If you are the highest bidder when the auctioneer announces that an item has been sold, you are the new owner of that item.
3. ALL ITEMS ARE SOLD STRICTLY AS-IS WHERE-IS with no warranty expressed or implied. Bidders should rely solely on their inspection of the items before making any bid. No Refunds, Returns, Cancellations, or Exchanges. The highest bidder for each lot shall be deemed the Buyer and contract purchaser of the lot. There are no refunds, returns, cancellations, or exchanges.
4. BIDS & BINDING AGREEMENT
a. The auctioneer has the sole discretion to advance the bidding and may reject a nominal advance should it, in their estimation, prove injurious to the auction. The auctioneer shall be the final judge in all bidding disputes and shall name a bidder as the purchaser.
b. The auction company shall not be held responsible for any 'missed' bids or bids unseen by the auctioneer.
c. Legal and Binding Commitment. By agreeing to all terms and conditions and bidding, each Buyer contractually agrees that such Buyer is ready, willing, and able to purchase each lot for each bid amount submitted. Each Buyer is personally liable for any and all accepted bids made with the Buyer's bidding number. Your bid is a binding contract. If you are unable or unwilling to pay for the item, should you win it for a particular bid amount, do not bid. In the event of any dispute during the auction, the auctioneer shall have absolute discretion to decide the outcome of such dispute without recourse by any bidder
d. The auction company reserves the right to refuse service or decline registration to any person.
5. Representations and Warranties
a. Buyer Acknowledgements - BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS RESPONSIBLE FOR ALL PRE-PURCHASE INSPECTION OF EQUIPMENT AND IS NOT RELYING UPON ANY REPRESENTATIONS OR WARRANTIES BY BLACK STAR OR THE SELLER/CONSIGNOR OF THE EQUIPMENT PROPERTY. BUYER AGREES THAT EXCEPT AS TO MARKETABLE TITLE FROM SELLER ONLY, EACH ITEM OF EQUIPMENT IS SOLD "AS IS," "WHERE IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED OF ANY KIND, NATURE, OR DESCRIPTION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, CONDITION (WHETHER OR NOT DISCOVERABLE), USABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO BRAND, IDENTITY OR QUALITY OF THE UNIT, MATERIALS, COMPONENTS OR WORKMANSHIP. THERE IS NO REJECTION OR REFUND. IN NO EVENT SHALL BLACK STAR OR THE SELLER BE LIABLE FOR ANY LOSS OF PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY MANNER IN CONNECTION WITH THE SALE OF ANY EQUIPMENT.
b. Assessment of Equipment - Black Star has described Equipment in the catalog based upon information furnished by each consignor, and Black Star has not independently verified any such information. Each Buyer acknowledges and agrees that it has inspected or arranged for the inspection of all Equipment upon which a bid is being submitted, and the Buyer is not relying upon any representations or warranties of Black Star or the Seller. Black Star shall have no liability whatsoever concerning any faults, deficiencies, or errors of any description, oral or printed, and shall further have no liability concerning the authenticity, genuineness, origin, age, condition, or quality of any Equipment. All statements as to all such matters contained in any advertisement, catalog, or written or electronic communication are statements of opinion only and shall not be considered or implied as to any statement or representation of fact or warranty.
c. Mileage, Hours, & Additional Information - Black Star does not verify the authenticity of mileage/hours, nor do we verify the operational condition of the odometer/hours meter. We report what is shown on the meter/odometer. Accessories (interior/exterior, ancillary) may be listed in the description; however, they may not be verified for the operational condition such as A/C and heat, audio equipment, lighting, power seats, etc. Cosmetic damage/body damage, such as dents, cracks, scratches, rust, stains, and tears, may not be included in the descriptions; however, it may exist.
6. PAYMENT – (USD Funds) Payments must be received within 5 days of today's sale. Black Star will send the winning bidder an invoice with complete payment terms & instructions. ALL SALES ARE FINAL
a. ACH or Bank Wire is the preferred method of payment.
b. Credit card payments will be charged an additional 5% fee of the total purchase amount.
7. SALES TAX - Where Applicable
Black Star reserves the right to collect & remit sales tax to the buyers based on state laws, equipment location, & buyer location if applicable. When tax is required by state law, the tax will be collected unless the Buyer provides proof of a tax exemption certificate and completes the proper forms, which must be submitted before tax amounts are removed from the invoice. Please note that guidelines and regulations regarding tax exemptions may vary between states. Black Star A.C.A., L.L.C. cannot be held responsible for States' requirements regarding tax exemptions.
8. BUYERS PREMIUM – 7.5% on non-titled items and 8.0% buyer's premium for titled items. *** Buyer's Premium is Taxable
9. EQUIPMENT LOADOUT & BUYER RESPONSIBILITIES
LOADOUT SCHEDULE – No Items are removed until full payment has been made. Black Star will schedule your loadout time for you. Complete instructions will be sent to you.
a. Equipment Removal - All purchases must be removed from the premises no later than 10 Business days following the auction. *** UNITS RESERVED FOR LOADOUT & DELAYED REMOVAL HAVE NOTED IN THE CATALOG***Any Equipment remaining after the last days of the scheduled removal date will be subject to a storage fee of $100 per day per lot per day & is subject to relocation to a subcontracted facility where transportation and storage fees will be collected before the Equipment is released. All costs incurred from the removal/storage of Equipment are the Buyer's responsibility.
b. Lots will be deemed abandoned when the storage fees equal the lot selling price or after 30 business days, whichever comes first.
c. Risk of Loss - THE BUYER ASSUMES ALL RISK OF LOSS TO THE PROPERTY FROM AND AFTER THE TIME THE AUCTIONEER ACCEPTS THE BUYER'S OFFER OR BID. Buyer shall be responsible for insuring all of Buyer's Equipment purchases against all losses from the auction date until the removal of such purchases by the Buyer.
Force Majeure
BLACK STAR shall not be liable for any delay, interruption, or termination of any auction event beyond the reasonable control of BLACK STAR, including, but not limited to, any pandemic, epidemic, or spread of disease; an act of God; an act of war, terrorism or cyberattack; riots; floods; fire; unusually severe weather conditions; or act or order of any public or governmental authority. BLACK STAR shall not be liable or responsible for any interruptions, termination, or corruption of any audio feed, video feed, or of any other internet registration, bidding, or other online related services that occur before, during, or in connection with the auction, regardless of the cause of fault attributable to the interruption, termination, or corruption of such services.
Indemnification
Buyer agrees to indemnify and hold BLACK STAR harmless from any and all claims whatsoever arising in connection with the sale of the Equipment that is not proximately caused by the active negligence of BLACK STAR.
Miscellaneous Provisions
- The Buyer acknowledges that Buyer has read and agrees to be bound by the auction terms as well as all other terms and conditions outlined in the Buyer Registration Agreement, Auction Catalog, Auction Invoice, Bill of Sale, and all other written or electronic terms and conditions provided by BLACK STAR in connection with this sale. Any verbal or written announcements of BLACK STAR or the auctioneer on the date of sale shall take precedence over any other written or electronic terms to the contrary.
- Governed by the Laws of Illinois. This agreement will be construed and governed according to the laws of the State of Illinois, and any disputes arising in connection with this agreement and auction shall be subject to the exclusive jurisdiction and venue of the state or federal courts of Illinois.
- English Language. The English language shall control all terms, conditions, performance, and interpretation of this agreement and all matters concerning the BLACK STAR sales platform, including the resolution of any disputes associated therewith.
- Non-Waiver. The failure of BLACK STAR to enforce any of the provisions of this agreement shall not be construed as a waiver of such provisions.
- Negation of Partnership. Each party agrees that nothing contained in this agreement is intended to create any partnership, joint venture, or association between the parties hereto or in any way makes either party a co-principal with the other party with reference to the terms and performance of the agreements referenced herein and any inferences to the contrary are hereby expressly disclaimed and negated.
- Withdrawal of Lots. BLACK STAR is not liable for any loss or damage arising from any lots withdrawn or not presented for sale, including, but not limited to, the costs of attendance at auction or any form of lost profit or consequential damages.
Auctioneer License Numbers:
IL LICENSED AUCTIONEER: Lynn D. Schroeder # 441001204
IL LICENSED AUCTION FIRM: Black Star A.C.A., L.L.C. # 440000540
*When you register for any Black Star ACA auction you are automatically signed up for our text/email club. You may opt-out at any time*
