Special Terms
17. BIDDER SHOULD NOT PARTICIPATE IN THIS AUCTION WITHOUT READING AND AGREEING TO ALL TERMS & CONDITIONS OF THIS BIDDER/AUCTIONEER CONTRACT. ASSISTANCE WITH THIS DOCUMENT IS AVAILABLE AT ANYTIME BY CONTACTING THE AUCTION.
18. PREVIEW IS HELD BEFORE THE AUCTION. CONTACT THE AUCTION TO COORDINATE A PREVIEW, OR ATTEND A SCHEDULED PREVIEW AS ADVERTISED FOR THIS AUCTION. ONCE YOUR PURCHASE THE ITEM, IT IS YOURS. PREVIEW IS NOT HELD AFTER THE AUCTION.
19. SOME ITEMS IN THE CATALOG ARE LISTED AS 'OFF-SITE'. THIS MEANS THE ITEM IS NOT LOCATED WHERE THE LIVE AUCTION IS BEING HELD. OFF-SITE ITEMS MAY BE LOCATED AT PRIVATE RESIDENCES, MARINAS, ETC. IT IS HIGHLY ENCOURAGED THAT A BIDDER PREVIEW THESE ITEMS AS THEY MAY NOT HAVE BEEN VIEWED, INSPECTED OR PHOTOGRAPHED BY THE AUCTION COMPANY. DESCRIPTION INFORMATION MAY HAVE BEEN PROVIDED SOLELY BY THE CONSIGNOR OR A THIRD PARTY REPRESENTATIVE. LOCATION DETAILS MAY NOT BE PUBLISHED IN THE LISTINGS TO PROTECT THE PRIVACY OF THE CONSIGNOR. FOR YOUR SAFETY, ALL OFF-SITE PREVIEWS SHOULD BE COORDINATED EXCLUSIVELY THROUGH THE AUCTION. AN AUCTION REPRESENTATIVE MAY NOT BE PRESENT AT THE TIME OF YOUR PREVIEW APPOINTMENT.
20-ALL PROPERTY SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.” ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY AUCTIONEER OR THE SELLER, OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (1) IN DETERMINING WHETHER TO BID, (2) IN DETERMINING THE AMOUNT OF A BID, AND (3) IN BIDDING.
21. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE ITEM.
22. BY SUBMITTING YOUR BID, FALCON AMERICA SOUTH INC. WILL ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH THE MERCHANDISE AND HAVE AGREED TO ACCEPT THE PURCHASED GOODS AS PER OUR TERMS AND CONDITIONS.
23. SERIAL NUMBERS, MAKER'S MARKS, VEHICLE IDENTIFICATION NUMBERS, ETC. ARE PROVIDED ON MANY ITEMS. IT IS HIGHLY ENCOURAGED THAT BIDDERS USE THIS INFORMATION TO RESEARCH AN ITEM'S HISTORY PRIOR TO PLACING A BID.
24. BIDDER IS RESPONSIBLE FOR KNOWING WHICH ITEM(S) THEY ARE BIDDING ON AT ALL TIMES. ONCE YOU HAVE PLACED A BID, YOU HAVE EFFECTED A CONTRACT AND WILL BE EXPECTED TO PAY FOR ITEMS WHICH YOU WERE EVIDENCED TO BE THE SUCCESSFUL BIDDER, WHETHER IN PERSON OR VIA PROXIBID ON THE INTERNET. AUCTIONEER WILL NOT HONOR BIDDER 'MISTAKES'.
25. ALL ANNOUNCEMENTS MADE ON THE DAY OF THE AUCTION SUPERSEDE ALL PRINTED MATERIAL. FOR EXAMPLE, IF THERE WAS A CATALOG TYPO OR UPDATE, IT WOULD BE ANNOUNCED PRIOR TO THE ITEM BEING SOLD. DURING THE LIVE AUCTION, THIS INFORMATION WOULD ALSO BE PRESENTED IN THE PROXIBID.COM CHAT FEED AND EFFECTIVELY BECOME A DOCUMENTED RECORD FOLLOWING THE AUCTION.
26. THE AUCTION COMPANY WILL NOT BE RESPONSIBLE FOR CATALOG MISTAKES IN THE AREAS OF; TYPOGRAPHICAL ERRORS, PHOTOGRAPHY UPLOADS OR TAXONOMY CATEGORY LABELS IF THE CORRECT INFORMATION FOR THE ITEM EXIST ELSEWHERE IN THE LISTING ITSELF. FOR EXAMPLE, IF THE MILEAGE IS INCORRECTLY WRITTEN IN THE TAXONOMY BOX BUT CORRECT IN THE PHOTOGRAPHS, THE AUCTION COMPANY WILL NOT BE RESPONSIBLE, AS THE CORRECT MILEAGE WAS CONTAINED IN THE LISTING. PLEASE BRING ANY LISTING DISCREPANCIES TO OUR ATTENTION AS SOON AS POSSIBLE. DO NOT BID UNTIL ANY CONCERN IS FULLY ANSWERED OR RESOLVED.
27. HAVE A QUESTION ABOUT AN ITEM? DO NOT BID UNTIL ANY CONCERN IS FULLY ANSWERED. VIN NUMBERS AND SERIAL NUMBERS ARE EXTREMELY USEFUL IN PROVIDING INFORMATION TO ASSIST YOU IN MAKING A DECISION. CALL 561-844-0440 TO SPEAK TO ONE OF OUR REPRESENTATIVES.
28. REGISTERED BIDDERS ARE RESPONSIBLE FOR ALL BIDS PLACED FROM THEIR ACCOUNT. WHEN PLACING PRE-BIDS, IT IS HIGHLY DISCOURAGED TO BID ON ANY ITEM THAT YOU DO NOT INTEND TO WIN AND ULTIMATELY PAY FOR. DO NOT CONTACT THE AUCTION WHEN IT'S OVER, UPSET THAT YOU BID ON SEVERAL ITEMS, SURPRISED THAT YOU ACTUALLY, 'WON THEM ALL.' ANY ITEM THAT YOU PLACE BIDS ON COULD RESULT IN YOUR BECOMING THE HIGH BIDDER. WE'VE SEEN A THING OR TWO.
29. DO NOT CONTACT THE AUCTION ASKING IF YOU CAN REMOVE YOUR PRE-BIDS BECAUSE YOU BID ON TOO MANY ITEMS BEFORE THE AUCTION. IT IS UNFAIR TO OTHER BIDDERS, DISRUPTIVE TO PRE-BIDDING ACTIVITY AND UNFAIR TO THE CONSIGNOR OF THOSE ITEMS. UNLESS A LEGITIMATE BIDDER ERROR HAS BEEN MADE, IT IS LIKELY YOUR BIDDING PRIVILEGES WITH OUR AUCTION COMPANY WILL BE REVOKED. NO BIDS CAN OR WILL BE REMOVED ONCE THE LIVE AUCTION APPLICATION HAS BEEN STARTED. DO NOT CALL AND ASK.
30. YOU ARE RESPONSIBLE FOR ALL BIDS FROM YOUR PROXIBID ACCOUNT. THE AUCTION DOES NOT REGISTER BIDDERS FOR THE AUCTION, NOR BID ON A BIDDER'S BEHALF. THE AUCTION COMPANY IS SIMPLY NOTIFIED BY PROXIBID THAT THE BIDDER HAS REGISTERED FOR THE AUCTION. IT IS ONLY THE BIDDER THAT CAN REGISTER AND SELECT THEIR OWN CREDIT CARD FOR THIS AUCTION. DURING THE LIVE AUCTION, THE AUCTION COMPANY CAN ACCEPT OR DENY A BIDDER'S ACTIVITY BUT CAN NOT PLACE OR REMOVE BIDS FOR A BIDDER. BIDS CAN ONLY BE PLACED BY THE BIDDER. PLEASE DO NOT CALL AND TELL US THAT WE BID FOR YOU, OR THAT SOMEONE ELSE DID IT. WE'VE BEEN TOLD THAT A GHOST PLACED THE BIDS, AN EX-LOVER PLACED BIDS, UNAUTHORIZED TEENAGERS BID, GRANDCHILDREN, CATS, DOGS AND EVEN BURGLARS WHO KNEW YOUR PASSWORDS AND ITEMS YOU WERE PRE-BIDDING ON PLACED BIDS. IN EASY TO READ LEGAL TERMS; THAT'S ON YOU!
CHOOSE A SECURE PASSWORD FOR YOUR ACCOUNT. PLEASE DON'T CALL US WITH A WET DIAPER AFTER THE AUCTION WHEN YOU ARE JUST TRYING TO GET OUT OF A SALE. YOUR ACCOUNT, YOUR BIDDING RESPONSIBILITY. AT THE END OF THE AUCTION WE WILL SEND YOU AN INVOICE FOR WHAT YOU BOUGHT. PLEASE SAVE YOUR CRAZY STORIES FOR ANOTHER ENTITY. FALCON AMERICA LIQUIDATION & AUCTION IS VERY BUSY. THANK YOU!
31. FOR YOUR SECURITY, THE AUCTION COMPANY DOES NOT HAVE ANY ACCESS TO YOUR PROXIBID, BIDDER ACCOUNT. DO NOT CALL ANYONE FROM FALCON AMERICA SOUTH INC. AND ASK THEM TO ADD A BID, REMOVE A BID, CHANGE A BID, ETC. ONCE THE LIVE AUCTION HAS BEGUN WE CAN DO NOTHING FOR YOU. YOU WILL NEED TO SPEAK TO PROXIBID. PRE-BIDS ARE 'LOCKED AND LOADED' ONCE THE LIVE BIDDER APPLICATION HAS OPENED. THEY CAN NOT AND WILL NOT BE REMOVED. THIS IS NOT THE AUCTION BEING 'MEAN' OR 'UNFAIR'. IT IS THE WAY IT WORKS. PROXIBID HAS NO ABILITY TO REMOVE THEM FROM THEIR END EITHER.
32. BIDDING FROM A DESKTOP COMPUTER IS THE MOST OPTIMAL WAY OF USING THE LIVE BIDDER APPLICATION. IF YOU DO NOT HAVE PHONE THAT IS ACTUALLY A 'SMART' PHONE, AND YOU CAN'T NAVIGATE AROUND, WE DISCOURAGE YOU FROM TRYING TO PLACE BIDS ON IT. COMPUTER SPEEDS VARY. KNOW THE DEVICE YOU ARE USING AND WHAT IT IS OR IS NOT CAPABLE OF. THE AUCTION IS NOT RESPONSIBLE FOR YOUR TECHNICAL LITERACY. IF YOU HAVE COMPUTER ISSUES OR OTHER ANY OR TECHNICAL ISSUES CAUSING ERRORS IN BIDDING THAT IS ALSO NOT THE RESPONSIBILITY OF THE AUCTION. BE WARNED THAT TECHNICAL ISSUES COULD RESULT IN UNWANTED PURCHASES. IF YOU OR YOUR DEVICES ARE NOT CAPABLE OF FUNCTIONING FOR THE LIVE BIDDER APPLICATION, WE SUGGEST YOU DO NOT BID.
33. PRE-BIDDING DOES NOT GUARANTEE THE BIDDER WILL EFFECTIVELY BECOME THE HIGH-BIDDER, EVEN IF THE FINAL HAMMER PRICE IS EQUAL OR LESS THAN THE AMOUNT OF THE BIDDER'S MAXIMUM BID. A BIDDER CAN STILL BE OUTBID DEPENDING ON THE INCREMENT ASKED AND WHERE THE BIDDING FALLS. DURING THE LIVE AUCTION, WE WILL SEND OUT FREQUENT MESSAGES, 'PREBID IS OUT' LETTING BIDDERS KNOW THAT PREBIDS HAVE FALLEN SHORT OF THE CURRENT BIDDER ACTIVITY.
34. FALCON AMERICA SOUTH INC. RESERVES THE RIGHT TO CHARGE YOUR CREDIT CARD AT THE DROP OF THE HAMMER. ALL CHARGES ON YOUR CREDIT CARD WILL BE BILLED AS FALCON AMERICA SOUTH INC. BIDDER AGREES THAT UNDER NO CIRCUMSTANCES WILL THE BIDDER INITIATE A CHARGEBACK ON THEIR CREDIT CARD.
35. ALL BIDDERS MUST SELECT A CREDIT CARD FROM THEIR PROXIBID ACCOUNT FOR USE OF THIS AUCTION. THIS CAN ONLY BE COMPLETED BY THE PARTICIPANT/BIDDER. REGISTRATION FOR THIS AUCTION WILL RESULT IN A NOTIFICATION BY EMAIL. ANY CHARGES TO YOUR CREDIT CARD WILL RESULT IN AN EMAIL RECEIPT OF ACTIVITY. IF YOU DO NOT RECEIVE ANY EMAIL WITHIN 12-HOURS OF REGISTRATION FOR THIS AUCTION, CHECK YOUR EMAIL'S SPAM FOLDER OR CONTACT PROXIBID FOR SUPPORT. IT IS IMPORTANT THAT YOU ARE RECEIVING ALL EMAIL NOTIFICATIONS FROM PROXIBID AND THE AUCTION COMPANY.
36. ONLINE BIDDERS MUST HAVE ALL PAYMENTS IN PROGRESS NO LATER THAN ONE BUSINESS DAY AFTER THE AUCTION. THIS INCLUDES WIRE TRANSFERS, OVERNIGHT PAYMENT TRACKING INFORMATION, ETC.
ONSITE BIDDERS ARE EXPECTED TO MAKE PAYMENT IN FULL THE DAY OF THE AUCTION WITHOUT EXCEPTION.
37. UNPAID INVOICES ARE PROMPTLY COLLECTED BY PROXIBID.COM, REGARDLESS WHY AN INVOICE IS UNPAID IS NOT A FACTOR IN WHETHER YOU WILL BE REPORTED OR NOT. INVOICES ARE EITHER PAID OR NOT PAID. PARTIALLY PAID INVOICES ARE CONSIDERED UNPAID. IT IS PROXIBID'S DISCRETION TO PUT A NON-PAYING BIDDER IN BLACK FLAG STATUS. THIS STATUS MAY RESULT IN TERMINATION OF ALL CURRENT PROXIBIDDING ACTIVITY. ANY BIDS YOU MAY HAVE IN PROGRESS WITH OUR AUCTION OR OTHERS MAY BE REMOVED. CONTACT PROXIBID OR FALCON AMERICA SOUTH INC. IF YOU HAVE QUESTIONS. WE ARE A PREFERRED PARTNER WITH PROXIBID.COM
38. WHEN A PICK-UP DATE AND TIME IS IMPOSED, ITEMS MUST BE REMOVED BY THAT DEADLINE. WHEN ITEMS ARE NOT REMOVED WINNING BIDDERS CAN BE CHARGED $50 PER DAY, PER ITEM, UP TO 30-DAYS. AFTER 30-DAYS, THE ITEM WILL BE FORFEITED AND DISPOSED OF. NO REFUNDS WILL BE ISSUED. WINNING BIDDER WILL BE RESPONSIBLE FOR ALL COSTS FOR STORAGE, REMOVAL AND DISPOSAL OF PURCHASED ITEMS NOT PICKED UP OR LEFT BEHIND, NO EXCEPTIONS. NO ITEMS ARE REMOVED UNTIL PAID FOR. NO ITEMS REMOVED UNTIL ENTIRE INVOICE IS PAID FOR. REMOVAL OF ITEM(S) PURCHASED SHALL BE AT THE SOLE EXPENSE, LIABILITY AND RISK OF THE BIDDER AND COMPLETED BY THE DATE ANNOUNCED. BIDDER IS RESPONSIBLE FOR PROVIDING ALL LABOR, MATERIAL, EQUIPMENT AND INSURANCE.
FALCON AMERICA SOUTH INC. RESERVES THE RIGHT TO DENY REMOVAL BY ANY PERSONALS IT FEELS MAY NOT BE QUALIFIED TO REMOVE AN ITEM IN QUESTION, AND SUCH BUYER WILL STILL BE RESPONSIBLE FOR REMOVAL OF ITEMS IN QUESTION AND UNDER TIME RESTRAINTS OF AUCTION TERMS. BIDDER SHALL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS RELATED THERETO. BEFORE ENTRY INTO THE BUILDING/PROPERTY FOR REMOVAL BY THE BIDDER, ITS AGENTS, EMPLOYEES OR CONTRACTORS, BIDDER SHALL PROVIDE FALCON AMERICA SOUTH INC. WITH A CERTIFICATE OF INSURANCE INDICATING THE INSURANCE COVERAGE REQUIRED BY THE PROCEEDING SENTENCE AND WHICH SHALL PROVIDE THAT SELLER BE PROVIDED WITH THIRTY (30) DAYS WRITTEN NOTICE PRIOR TO CANCELLATION OF SUCH POLICY.
39. BIDDER TO ASSUME ALL RESPONSIBILITY FOR THE REMOVAL OF PROPERTY PURCHASED AND ANY AND ALL RISKS ASSOCIATED WITH SUCH REMOVAL. BIDDER AGREES THEY ARE FULLY FINANCIALLY RESPONSIBLE FOR ANY DAMAGE OR LIABILITY TO PERSONS OR PROPERTY RESULTING FROM PICK-UP AND REMOVAL AT AUCTION LOCATION FOR THEMSELVES AND THEIR AGENTS. BIDDER IS RESPONSIBLE FOR ANY DAMAGE, HOLES, SCRAPES, AND TEARS WHATSOEVER TO BUILDING AND SURROUNDING AREA FROM THE REMOVAL OF PURCHASED ITEMS. BIDDER IS FINANCIALLY RESPONSIBLE FOR ANY DAMAGE FALCON AMERICA SOUTH INC. DEEMS THAT THE BUYER IS RESPONSIBLE FOR.
BIDDER AND ITS AGENTS, CONTRACTORS, EMPLOYEES SHALL NOT UNREASONABLY INTERFERE WITH BUSINESS OPERATIONS IN THE BUILDING/ON PROPERTY OR RESIDENCE. BIDDER AGREES THAT IN THE EVENT PURCHASER’S MERCHANDISE CONTAINS ANY ENVIRONMENTAL HAZARDS, TOXIC WASTE OR OTHER TYPE OF HAZARDOUS MATERIAL IN ANY FORM WHATSOEVER, BIDDER SHALL PROVIDE TO FALCON AMERICA SOUTH INC., EVIDENCE REASONABLY ACCEPTABLE THAT BIDDER ITS REPRESENTATIVES ARE LICENSED FOR SUCH REMOVAL AND SHALL COMPLY WITH ALL APPLICABLE LOCAL, STATE AND/OR FEDERAL RULES, LAWS AND REGULATIONS. SELLER, ITS AGENTS OR REPRESENTATIVES WILL NOT BE RESPONSIBLE FOR CONTAINMENT, STORAGE OR REMOVAL OF HAZARDOUS MATERIAL. BIDDER MUST REMOVE ALL PURCHASED ITEMS. THERE IS NO RIGHT OF ABANDONMENT. ALL PERSONS AT AUCTION LOCATION MUST REGISTER WITH AUCTION OFFICE UPON ARRIVAL AND HAVE
40. ALL INVOICES MUST BE SETTLED AT THE CONCLUSION OF THE AUCTION. READ PAYMENT INSTRUCTIONS SECTION FOR DETAILS.
41. SOME OF OUR AUCTIONS MAY REQUIRE A HOLD/DEPOSIT. SEE SECTION ON PAYMENT INFORMATION FOR DETAILS.
42. POST AUCTION PICK-UP SCHEDULES ARE PROVIDED BY APPOINTMENT AND IN TIME-SLOTS. WHEN PICK-UP IS FROM 2PM-4PM THAT MEANS PICK-UP IS OVER AT 4PM, NOT THAT YOU CAN ARRIVE AT 4PM. DOORS WILL CLOSE AT 4PM. STAFF WILL LEAVE AND SO WILL YOU UNLESS STAFF IS WILLING AND ABLE TO STAY AND YOU ARE PREPARED TO PAY THEM TO DO SO, AS WE HAVE ALREADY PAID THEM TO STAY AND WAIT FOR YOU. WE UNDERSTAND THAT THINGS HAPPEN, AND PEOPLE MAY EXPECT DELAYS. RUNNING LATE CAN COST YOU MONEY, SO PLEASE COMMUNICATE WITH THE AUCTION SO WE MAY MAKE EVERY ATTEMPT TO ASSIST YOU. THE AUCTION WILL NOT PAY STAFF TO WAIT AROUND FOR YOU. BRING THE TOOLS AND SUPPORT YOU NEED WHEN YOU ARRIVE SO THAT A TWO HOUR PICK-UP DOES NOT TURN INTO A SIX HOUR PICK-UP. AGAIN, DELAYS WILL COST YOU MONEY. PLEASE BE COURTEOUS TO THE SCHEDULES OF OTHER WORKING PEOPLE. LEAVE NO TRACE BEHIND. IF YOU MAKE A MESS WHILE PICK-UP YOUR MERCHANDISE, YOU WILL BE EXPECTED TO CLEAN IT UP BEFORE YOU LEAVE. PLAN ACCORDINGLY TO BRING YOUR OWN TRASH BAG, PAPER TOWELS, CARDBOARD BOX, HAND WIPES, ETC IF YOU THINK YOU ARE GOING TO NEED SUPPLIES.
43. ANY OTHER PICK-UP ARRANGEMENTS OUTSIDE THE ANNOUNCED TIME SLOTS MUST BE MADE AND AGREED UPON BY BOTH FALCON AMERICA SOUTH INC. AND THE BIDDER NO LATER THAN THE END OF THE FIRST BUSINESS DAY AFTER THE AUCTION. DO NOT WAIT UNTIL THE PICK-UP DEADLINE TO TRY TO COORDINATE.
44. IN THE EVENT THAT A DISPUTE ARISES OVER THE BIDDING, PURCHASE, TERMS, CONDITIONS, OR EVENTS OF THE AUCTION, FALCON AMERICA SOUTH INC. SHALL BE ENTITLED TO RECOVER, ANY AND ALL COST, EXPENSES, AND ATTORNEY'S FEES INCURRED, NOT LIMITED TO ALL APPELLATE PROCEEDINGS OR FEES FOR THE ENFORCEMENT OF TERMS OF THIS CONTRACT. THE PARTIES ALSO AGREE THAT PALM BEACH COUNTY, FLORIDA IS THE PROPER VENUE FOR ALL LEGAL ACTIONS AND FLORIDA LAW SHALL APPLY. THUS, BIDDER AGREES THAT THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITH JURISDICTION IN PALM BEACH COUNTY, FLORIDA.
45. FOR ITEMS ALLEGED SNAD, SIGNIFICANTLY NOT AS DESCRIBED, THE BIDDER WILL BE REQUIRED TO RETURN THE ITEM TO FALCON AMERICA LIQUIDATION & AUCTION. BIDDER WILL BE RESPONSIBLE FOR ANY SHIPPING, INSURANCE, DELIVERY CONFIRMATION OR OTHER ASSOCIATED FEES. RETURN OF ITEM IS AT BIDDER'S EXPENSE AND WILL NOT BE REIMBURSED OR CREDITED. PROOF OF DELIVERY MAY BE REQUIRED IF IT IS DETERMINED AN ERROR HAS OCCURRED ON BEHALF OF THE AUCTION (WRONG ITEM SHIPPED, ITEM DEFECTIVE, MISSING PART(S)/PIECES), FALCON AMERICA SOUTH INC. WILL MAKE EVERY ATTEMPT TO RESOLVE AND MAKE WHOLE THE SITUATION AS SWIFTLY AS POSSIBLE.
45A. ALL RETURNS MUST BE AUTHORIZED IN WRITING BY FALCON AMERICA AND WILL BE SUBJECT TO VISUAL INSPECTION. A REFUND MAY BE DENIED IF IT IS DETERMINED THAT ANY DAMAGE, IMPROVEMENT, REMOVAL OR REPLACEMENT OF PARTS, OR ANY OTHER MODIFICATION HAS BEEN MADE TO THE ITEM. BOTH DAMAGE AND IMPROVEMENT CAN BE SUBJECT TO INTERPRETATION, THEREFORE ANY MODIFICATION OF THE ITEM FROM IT'S ORIGINAL STATE CAN INVALIDATE A CLAIM TO REFUND.
45B. FALCON AMERICA SOUTH INC. IS NOT RESPONSIBLE FOR ODOMETER MILEAGE ON ANY VEHICLE, NOR THE INFORMATION CONTAINED IN THE ODOMETER MILEAGE STATEMENT WHICH SELLER, AS TRANSFEROR, IS REQUIRED TO COMPLETE AND DELIVER, AND BUYER, AS TRANSFEREE, IS REQUIRED TO ACKNOWLEDGE.
46. IF AN ITEM IS DAMAGED DURING SHIPPING/TRANSIT, BIDDER MUST RETAIN ANY AND ALL PACKAGING MATERIALS AND CONTACT THE AUCTION COMPANY IMMEDIATELY. ITEMS ALLEGEDLY DAMAGED DURING THE PROCESS OF DELIVERY WILL REQUIRE A CLAIM TO BE FILED WITH THE CARRIER THAT TRANSPORTED THE ITEM. AN INSPECTION BY THE CARRIER WILL REQUIRE ALL PACKING MATERIALS FOR VISUAL INSPECTION. DISPOSAL OF THOSE MATERIALS MAY VOID OR FORFEIT YOUR ABILITY FOR SUCH CLAIM/INSPECTION IN WHICH THE AUCTION COMPANY MAY NOT BE ABLE TO ASSIST YOU FURTHER AND WILL NOT ASSUME RESPONSIBILITY OR LIABILITY FOR YOUR CLAIM. MOST ITEMS SHIPPED FROM OUR AUCTION WILL INCLUDE DELIVERY CONFIRMATION/TRACKING AND OFTEN A REQUIRED SIGNATURE.
WE WILL NOT PROVIDE A REPLACEMENT OR REFUND UNLESS ITEM WAS DETERMINED BY THE CARRIER TO BE DAMAGED DUE TO IMPROPER PACKAGING PRIOR TO SHIPMENT. MOST ITEMS ARE PACKAGED AND SHIPPED FROM OUR IN-HOUSE SHIPPING DEPARTMENT. WE RECOMMEND IF YOU NOTICE ANY EXTERIOR DAMAGE TO A PACKAGE, YOU PHOTOGRAPH BEFORE OPENING AND WHEN POSSIBLE, DURING AND AFTER OPENING. ADDITIONALLY, MANY TIMES A BIDDER CLAIMS THEY ARE MISSING PARTS OR PIECES ONLY TO CONCLUDE THAT THE ITEMS ARE SIMPLY WRAPPED SEPARATELY IN BUBBLE, TISSUE OR OTHER. PLEASE CHECK THE ENTIRE CONTENTS OF YOUR PACKAGE BEFORE CONTACTING THE AUCTION THAT YOU MAY BE MISSING PART OF YOUR ORDER.
47. READ DESCRIPTIONS. REVIEW PHOTOS. ASK QUESTIONS. ATTEND PREVIEW. CONSIDER SENDING SOMEONE BY PROXY TO VIEW AN ITEM FOR YOU.
48. IF A DISPUTE ARISES BETWEEN TWO OR MORE BIDDERS, THE AUCTIONEER MAY DECIDE THE OUTCOME, OR AT HIS DISCRETION, PUT THE LOT UP FOR SALE AGAIN, AND RESELL TO THE HIGHEST BIDDER. THE DECISION OF THE AUCTIONEER IS FINAL AND ABSOLUTE. THE RECORD OF SALE KEPT BY THE AUCTIONEER WILL BE TAKEN AS FINAL IN THE EVENT OF A DISPUTE.
49. INTERNET BIDDING IS PROVIDED AS A CONVENIENCE. THE 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 FALCON AMERICA SOUTH INC. OR ITS AGENTS OR EMPLOYEES IF THE SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING THE LIVE AUCTION. EVERY EFFORT IS MADE TO PREVENT ERRORS FROM HAPPENING. IF IN THE EVENT AN ERROR IS MADE, THE AUCTION MAY REFUSE OR CANCEL THE SALE OF ANY ITEM(S) AFFECTED. FOR EXAMPLE, IF ANY ITEM SHOULD HAVE SOLD FOR $2500 DOLLARS, AND A TECHNOLOGICAL ERROR CAUSED THE ITEM TO DISPLAY AS SELLING FOR .25-CENTS, THE AUCTION RESERVES THE RIGHT TO CANCEL/AND OR CORRECT THAT MISTAKE.
50. THE AUCTION IS NOT RESPONSIBLE FOR MISSED BIDS OF ANY KIND. BIDDERS ARE URGED TO USE THE PROXIBID PRE-BIDDING FEATURE, REGISTERING FOR THE AUCTION AT LEAST 24-HOURS PRIOR TO THE EVENT. FALCON AMERICA SOUTH INC. RESERVES THE RIGHT TO WITHDRAW, PASS, GROUP, RE-CATALOG, RE-SELL ITEMS OR CANCEL ANY WINNING BIDS.
51. BIDDER AGREES TO HOLD HARMLESS FALCON AMERICA SOUTH INC. AND ANY OF ITS PARTNERS OR EMPLOYEES AGAINST ANY CLAIMS ARISING FROM THIS AUCTION AGREEMENT INCLUDING; FULL RESPONSIBILITY AND LIABILITIES FOR THEMSELVES, THEIR EMPLOYEES, FAMILY MEMBERS, GUESTS, FRIENDS, ETC.
52. FALCON AMERICA SOUTH INC. IS ACTING AS AN AGENT ONLY AND IS NOT RESPONSIBLE FOR THE ACTS OF ITS PRINCIPALS OR CONSIGNORS.
53. IF A BIDDER IS UNABLE TO RECEIVE AN ITEM PURCHASED BECAUSE OF A LEGAL RESTRICTION OR OTHER, THE BIDDER IS STILL RESPONSIBLE FOR PAYMENT IN FULL (WHICH INCLUDES APPLICABLE BUYER'S PREMIUM, SALES TAX, STORAGE AND ANY OTHER FEES THAT MAY APPLY). THE BUYER MAY REQUEST THAT FALCON AMERICA SOUTH INC. RECONSIGN AND RESELL THE ITEM(S) AT A FUTURE AUCTION, CHARGING THE CURRENT STANDARD SELLER'S COMMISSION. SUCH REQUEST MUST BE COMPLETED IN WRITING WITHIN 30-DAYS FROM DATE OF AUCTION. IF THE BIDDER DOES NOT NOTIFY THE AUCTION IN WRITING OF SUCH REQUEST/ARRANGEMENTS WITHIN 30-DAYS, ITEM(S) WILL BE CONSIDERED ABANDONED AND DISPOSED OF WITH NO COMPENSATION TO THE BIDDER.
54. SEE LISTINGS FOR LOADING AND/OR TRANSFER FEES APPLICABLE TO BOATS, TRAILERS, MOTOR-VEHICLES OR HEAVY EQUIPMENT TYPE ITEMS. BIDDER IS RESPONSIBLE FOR FEES INCURRED. THE AUCTION WILL NOT LOAD ANY ITEM TO AN UNDESIRED OR UNSAFE TRANSPORT VEHICLE OR HAULER.
55. ALL PARTICIPANTS OF THIS AUCTION AGREE TO BE SIGNED UP FOR FALCON AMERICA LIQUIDATION & AUCTION EMAIL NEWSLETTERS. THIS LIST IS NEVER SHARED, SOLD OR TRADED. TO BE REMOVED FROM THIS LIST AT ANYTIME, EMAIL INFO@FALCONAMERICA.COM AND REQUEST TO BE UNSUBSCRIBED OR SIMPLY USE THE UNSUBSCRIBE LINK PROVIDED IN ANY EMAIL RECEIVED FROM FALCON AMERICA SOUTH INC.
56. AS NOTED IN PAYMENT INSTRUCTIONS, IF THE CREDIT CARD YOU REGISTER FOR THIS AUCTION IS DECLINED, THE AUCTION WILL ATTEMPT TO CHARGE IT A SECOND TIME AS A COURTESY. A SECOND DECLINE MAY RESULT IN A $25 NON-REFUNDABLE INCONVENIENCE FEE. PLEASE ENSURE YOUR PAYMENT METHOD IS UP-TO-DATE AND HAS THE FUNDS AVAILABLE TO COMPLETE YOUR TRANSACTION(S). WHEN YOUR CREDIT CARD DOES NOT HAVE FUNDS AVAILABLE, OUR STAFF WILL NEED TO REACH OUT TO YOU TO GET UPDATED PAYMENT INFORMATION. THIS WILL CAUSE A DELAY FOR YOU, NOT FOR THE BIDDERS WHOSE CARDS DID NOT HAVE SUCH PAYMENT ERRORS/DECLINES. CREDIT CARD CARDS THAT ARE DECLINED TWICE RISK THEIR INVOICES GOING TO THE BACK OF THE LINE. THE $25 INCONVENIENCE FEE MAY BE ADDED TO YOUR OUTSTANDING BALANCE IF IT CAN NOT BE CHARGED TO YOUR DECLINED CREDIT CARD.
57. DUE TO THE HIGH VOLUME OF OUR AUCTIONS, OUR PROXIBID CATALOGS DO NOT REMAIN ONLINE OR IN OUR ARCHIVES. ONCE ALL WINNING BIDDERS HAVE BEEN NOTIFIED OF THEIR PURCHASES, AND INVOICES HAVE BEEN SENT, THE CATALOG IS NO LONGER VIEWABLE TO THE PUBLIC.
