Special Terms
TERMS AND CONDITIONS OF THE SALE:
All items offered for sale at the auction are subject to the following terms and conditions:
BANNED COUNTRIES:
You may not use Proxibid's or Balliet and Associate's products or services to facilitate transactions with Banned Parties, including shipping to, selling to, or buying from any Banned Parties. Proxibid or Balliet and Associates also does not engage in business with or facilitate transactions involving parties from countries on the OFAC lists, as well as those that Proxibid or Balliet and Associates considers high risk. Proxibid and Balliet and Associates do not engage in business with, facilitate transactions with or ship any packages to individuals or entities from the following countries:
Albania, Belarus, Burundi, Cuba, Congo (DRC), Iran, Iraq, Kosovo, Lebanon, Libya, Macedonia, Nigeria, North Korea, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, Yemen, Zimbabwe
PARTICIPATION REQUIREMENTS:
A valid credit card is required for bidding approval.
BIDDER REGISTRATION:
Anyone desiring to bid online at this auction, or to establish the possibility of bidding online, is required to create an online bidding account at PROXIBID.COM by completing all of the necessary forms and providing the required information. All potential buyers must register and be issued a bidder number prior to bidding at the auction. Bidders must register a valid credit card with Proxibid. Balliet and Associates or Proxibid may refuse to accept a bidder registration from any potential bidder and may refuse to issue a bidder number to anyone. If a bidder breaches any terms or conditions, or engages in improper conduct, Balliet and Associates or Proxibid may reject any bids made and may revoke any bidder registration and/or bidder number for any reason. By registering to bid, each bidder acknowledges and agrees that such bidder has read, understands, and agrees to be bound by these terms and conditions. At any time, either prior to or subsequent to the issuance of a bidder number, Proxibid may require a potential bidder or a registered bidder to provide additional information and to execute additional or supplemental bidder agreements as a condition to bidding at the auction.
REGISTERED BIDDERS RESPONSIBLE FOR BIDS PLACED:
Each registered bidder is responsible for the bidder number issued to such bidder. Balliet and Associates or Proxibid is not responsible for monitoring or policing the use of bidder numbers. Each bidder is responsible for all of the bids made on the bidder number that is issued to such bidder. The recording of bids against a bidder number shall be conclusive.
BUYER'S PREMIUM:
Property offered at the auction is subject to a buyer premium. Each registered bidder agrees that they will pay a BUYER'S PREMIUM IN THE AMOUNT EQUAL TO 15% OF THE HAMMER PRICE FOR EACH LOT WON. The buyer's premium will be added to the final purchase price.
SALES TAX:
Buyer shall be responsible for the payment of a 6% Pennsylvania Sales Tax for each item of personal property won at the auction. Sales tax shall be collected by Balliet and Associates at the time payment is made. Pennsylvania sales tax is not applicable to items of personal property delivered to a buyer outside of the Commonwealth of Pennsylvania. If you have a tax exempt number, all forms must be filled out with Proxibid prior to the conclusion of the auction; otherwise, tax will be charged. NO EXCEPTIONS!
POSTED TIMES:
All Auction times are based on the Eastern Standard Time zone unless stated otherwise.
TECHNICAL CONSIDERATIONS:
Balliet and Associates will not be responsible for errors or failures to execute bids placed over the internet including without being limited to errors or failures caused by a loss of connection, a breakdown or problems with the online bidding software, and/or a breakdown or problems with a registered bidder's internet connection, computer, or system.
FAILURE TO EXECUTE ONLINE BIDS:
Execution of on-line internet bids is a service undertaken subject to other commitments at the time of the sale. Balliet and Associates does not accept liability for failing to execute an online bid or for any errors or omissions in connection with this activity.
AUTO EXTEND FEATURE:
Any set bidding period for an online auction will include an auto-extend feature. At this auction, the auto-extend feature is set at two (2) minutes. This means that, if an on-line bid is registered in the last 2 minutes immediately prior to the end of the auction for a particular Lot, the online auction system will automatically extend the bidding time for an additional two (2) minute interval and will continue to do so until there is a two (2) minute period after the original closing time during which no online bids are received. The bidding will then close on that Lot.
DISCLAIMER OF WARRANTY & RELEASE:
Each registered bidder acknowledges and agrees that such bidder's access to and the use of the website www.proxibid.com and/or www.ballietauctions.com is at such bidder's sole risk, responsibility, and obligation. Neither Balliet and Associates, Proxibid, nor the Seller represent or warrants that the website will be uninterrupted, error-free or virus-free, nor do they make any representation or warranty as to the results that may be obtained from the use of the website including but not limited to, the accuracy, reliability, or security of the website.
WITHDRAWAL OF LOTS:
Balliet and Associates has the right before, or during the auction, to withdraw from the auction any or all lots whether listed in a catalog or otherwise. Balliet and Associates has the right to group and regroup items comprising Lots to be offered at the auction or to separate items from previously established Lots.
CONDITION:
All lots are selling as is, where is, with absolutely no guarantees implied or expressed. An item may be missing something or altered from its original state or have damage. We suggest a hands-on examination. All lots are sold AS IS and there will be NO RETURNS for any reason. The printed conditions and descriptions in the catalog entry are an OPINION ONLY and are without legal obligation. The items sold will sometimes exhibit wear, and damage that is NOT LISTED IN THE CATALOG. If a buyer or buyer's agent has not examined the property to their satisfaction before the auction and the buyer is successful, the buyer understands and agrees to these terms. Prospective buyers are in ALL CASES responsible for determining the physical condition, age, and any other information important to them in making their decision to bid on the lots offered. The buyer understands and agrees that any description or sample of the items given or furnished by the Auctioneer is solely for identification. The description does not create any warranty expressed or implied. The buyer or agent on the buyer's behalf agrees that they have inspected or that he/she has had the opportunity to inspect all of the items upon which the buyer will be bidding. The buyer agrees that all items are purchased and accepted by the buyer 'AS IS', 'WHERE IS' and 'WITH ALL FAULTS'.
THE AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL, OR IMPLIED AS TO THE QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, OR COPYRIGHT.
DESCRIPTIONS OF PROPERTY:
Any description of the property has been provided by the seller and is based solely on a visual inspection and is given solely for identification purposes. It does not create any warranty, expressed or implied, or representation by the Auctioneer. No sale will 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 Auctioneer, licensee, employees and agents in respect to any such faults or errors. All information has been prepared only as a guide and is not offered as completely accurate nor does it give the bidders all of the information on the item or lot. All information and descriptions contained in the advertising of this sale is believed to be correct but no responsibility is assumed by Balliet and Associates, Proxibid, or the Seller for any errors or omissions.
ALL SALES ARE FINAL!!
A successful bid at auction constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges for any reason.
BINDING CONTRACT:
Bidder understands and agrees that this agreement and all rights of the parties shall be governed by the laws of the County of Mifflin, in the State of Pennsylvania, and that any action brought by either party shall be brought to the Courts in the State of Pennsylvania.
BIDDER'S NUMBER:
The bidder's number is nontransferable. All bids made using the bid number will be the responsibility of the buyer that the number is registered to.
FAILURE TO REMOVE PURCHASES:
In the event the buyer's items are not removed at the stated removal time after the auction, the items purchased shall be deemed abandoned. The buyer will lose any right, title, or interest that he or she may have acquired. The items shall revert to the Auctioneer without any further notice to buyer. The Auctioneer shall also be entitled to any costs that is associated with the removal, storage and the reselling of buyer's items. The buyer shall also be responsible any other charges, fees, and expenses incurred as a result of the buyer's failure to remove the item. This shall include all attorney fees and costs incurred by the Auctioneer to enforce buyer's obligations.
PAYMENT:
Accepted form of payment is CREDIT CARD ONLY: Discover, MasterCard, American Express and Visa. THE CARD THAT YOU HAVE ON FILE WILL BE CHARGED AFTER THE AUCTION
NO STOP PAYMENT ORDERS OR CREDIT CARD CHARGE-BACKS:
Each registered bidder agrees that he or she will, not under any circumstances, issue a stop payment order with respect to the Auction or initiate a credit card charge-back with respect to any purchases at the Auction. Each registered bidder further agrees that these bidder terms and conditions shall be conclusive evidence of the bidder's waiver of any rights to issue a stop payment order or to initiate a credit card charge-back. Each registered bidder acknowledges and agrees that Balliet and Associates presentation of these terms and conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution shall reverse any stop-payment order and/or deny any credit card charge-back. The bidder shall be responsible for all costs and expenses including any attorney fees incurred by or on behalf of Balliet and Associates and/or the seller in challenging the stop payment order or credit card charge-back and in collecting payment for the property purchased at the auction. Bidder agrees that the agreement not to issue a stop payment order or to initiate a credit card charge back is a condition to the issuance of a bidder number to such bidder. The agreement is made as an inducement for Balliet and Associates to accept a bidder registration and to issue a bidder number.
CLAIMS:
No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standards or expectation of the buyer.
SHIPPING TERMS:
NO IN HOUSE SHIPPING. WE USE A THIRD PARTY SHIPPER. WE CHARGE A $5.00 PER ITEM HANDLING FEE ON ALL ITEMS SHIPPED. THE HANDLING FEE IS CHARGED IN ADDITION TO THE SHIPPING COST. THE HANDLING FEE WILL BE ADDED TO THE ORIGINAL INVOICE. Our shipper, Goin' Postal does not invoice but will contact you directly via phone or email for payment processing.
Buyer is to pay all shipping and insurance cost in addition to the purchase price, handling fee, and any sales tax. Balliet and Associates are not responsible for any loss or damage of an item that is being shipped. Shipping is subject to any restrictions of the buyer's country. Bidders are responsible for confirming their import laws and any restrictions do not release a purchaser from their responsibility for payment of an invoice.
PICK-UP & REMOVAL:
All items need to be picked up AND removed from auction premise within the stated times and dates. If item is NOT PICKED UP within the confines of these limits, the item(s) will be considered ABANDONED and will revert back to the seller and/or the auctioneer. NO REFUNDS OF ANY TYPE WILL BE ISSUED. REMOVAL WILL STILL BE HELD IN THE EVENT OF BAD WEATHER AT THE TIMES AND DATES STATED IN THE AUCTION DETAILS.
