Auction Begins on Friday, October 28th and runs thru Sunday, November 6th 2022. Auction begins closing @ 5pm. All Pickups and payments are due by Wednesday by 3pm for payments and by 3pm for ALL pickups. TIME CHANGE PLEASE NOTE: Due to daylight saving time our auction ends at 7pm EST which equals to 5pm AZ time. Please be aware of this change and watch your auction count down timers for accurate timing on items ending or closing. Bidding is a 'Soft' Closing. EXAMPLE: Bidding will start to close at 5pm on Sunday with lot #1000. Bidding will close on 10 items per minute, until all items are closed. (example: If the item you are bidding on is lot #1020, your item may not close until 5:30pm or later.) So you may want to set a Max Bid or watch the bidding. To prevent sniper bidding(somebody bidding at the last second) the item receives a bid within the last minute, the item may remain open an additional 2 mins. SIERRA AUCTION DOES NOT AUTOMATICALLY CHARGE CREDIT CARDS ON FILE ------------------------------------------------------------------------------------------------ PREVIEW DAY: Preview Auction Items - Friday, November 4th from 10am-4pm AZ Time. PAYMENTS: Payments Due by Wednesday following the auction from 8am–3pm. Zelle, Wire, Direct Deposit, or Online Payments ONLY. Payment must be made prior to arriving for pickup & no payments are accepted onsite. Sierra Auction Phoenix is Located at 4298 North 35th Drive, Phoenix, AZ 85019. Office hours are 8am-3pm. Late Payment charges of 3% of the outstanding balance starts Wednesday following the auction @ 3pm. All sale items not paid by 3pm on the Wednesday following the auction will be canceled. LOAD-OUT: Monday thru Wednesday ONLY following the auction from 8am-3pm. All Items not picked up by 3pm on the Wednesday following the auction will be considered abandoned and returned to the owner. To ensure the quality of your purchase, REMOVE YOUR ITEMS IMMEDIATELY. SURPLUS: A 15% Buyer’s Premium on the bid price applies. Acceptable Payment methods for the 15% Buyer's Premium: PIN-based Personal Debit Card, EFT into one of our two major banks (Bank of America and Chase). ATTENTION: WELLS FARGO NO LONGER A VALID PAYMENT OPTION, IF YOU DEPOSIT TO WELLS FARGO WE WILL NOT RECEIVE YOUR FUNDS. NEW! Zelle Payments (Up to $3,500) - To make a payment use: zellepay@sierraauction.com on your Zelle Mobile App or online through your Financial Institution and be sure to include your invoice number in the note field - Zelle is an easy way to send money directly between almost any U.S. bank. PLEASE NOTE: Zelle can ONLY be used to transfer up to $3,500. There is an additional 3% Convenience Fee for Credit Cards, or any non pin-based Debit Cards not used for payment at one of our locations. NEW! Additional 3% Convenience Fee will be waved for all invoices paid by end of business day Monday following the sale ONLY. All invoices paid after Monday using Credit Card or non pin-based Debit Card will incur a 3% Convenience Fee. Payments made using a Debit Card (with or without pin) or a Credit Card incur an additional 3% surcharge. 8.6% Sales Tax (if applicable) - applies to bid price and Buyer’s Premium TIME CHANGE PLEASE NOTE: Due to daylight saving time our auction ends at 7pm EST which equals to 5pm AZ time. Please be aware of this change and watch your auction count down timers for accurate timing on items ending or closing. SIERRA AUCTION DOES NOT AUTOMATICALLY CHARGE CREDIT CARDS ON FILE Payment Options: Zelle, Wire, Direct Deposit, or Online Payments ONLY. Payment must be made prior to arriving for pickup & no payments are accepted onsite. Sierra Auction Phoenix is located at 4298 North 35th Drive, Phoenix, AZ 85019. ----------------------------------------------------------------------------------------- TERMS AND CONDITIONS REVISED 06-21-2021 WELCOME TO SIERRA AUCTION – LIVE/INTERNET AUCTIONS ARE AN EXCITING WAY TO BUY ITEMS AT GREAT PRICES! WE HOPE YOU HAVE A GREAT TIME, AND MAKE SOME TRULY OUTSTANDING PURCHASES. ~ PRE-AUCTION REGISTRATION AND BIDDING ~ PLEASE make sure to familiarize yourself with all of our terms and conditions, as you are agreeing to them when participating in our auction. If you don’t agree or don’t understand any of our terms and conditions, PLEASE contact Sierra for further clarification or DO NOT BID! ~ BIDDER DECLARATION ~ BY PARTICIPATING IN ANY OF OUR AUCTIONS I (the client) UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS AS PRESENTED BELOW, ESPECIALLY THE KEY TERMS THAT ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH NO GUARANTEES OR WARRANTIES. I AM SOLELY RESPONSIBLE FOR DETERMINING THE IDENTIFICATION, CONDITION, AND/OR USE OF ALL ITEMS PURCHASED. REFUNDS WILL NOT BE ISSUED AS A RESULT OF ANY DESCRIPTIVE ERROR GIVEN BY THE AUCTIONEER OR AS A RESULT OF MY FAILURE TO PROPERLY IDENTIFY THE ITEM, ITS CONDITION OR USABILITY. I ACKNOWLEDGE THAT SIERRA IS NOT LIABLE FOR ANY INJURY OR LOSS TO MY GUESTS OR ME. If you register for any of our auctions through Proxibid and DO NOT meet Proxibid’s Marketguard criteria for bidding, we may require a $100-$500 deposit hold in order to participate in our auctions. This registration deposit hold is NOT available as part of the purchase and will be released upon either payment in full, or if you are a non-winning bidder in the auction. This can take up to 30 days depending on YOUR bank to release. Per city code, if you are a City of Phoenix or a City of Tempe employee, you are not permitted to bid on any City of Phoenix or City of Tempe assets, either knowingly or unknowingly. By participating in our auction, you are agreeing to this restriction & will abide by it. WINNING BIDDERS – PLEASE READ! Payment is due by 3:00 pm on the date specified in your invoice email instructions. Sierra reserves the right to charge late payment fees and storage fees beyond this deadline. SALES TAX EXEMPTION QUALIFICATIONS: Sales Tax will be charged on all purchases, unless Sierra has on file or receives prior to the auction (1) Sales Tax Exemption Certificate acceptable to Sierra and to the State of Arizona, (2) COMPLETED Arizona Form 5000A, and (3) notarized Letter of Authorization, if you are not the company owner. You will not be granted tax exemption post-sale if these forms are not completed to the satisfaction of Sierra. Customers and/or Buyers will ONLY be tax exempt for those assets which are listed on the Form 5000A. Out-of-state buyers are tax-exempt ONLY when Sierra has obtained their state’s Tax Exemption paperwork and a completed AZ 5000A form. Buyers who are not the owners of the company on file MUST supply a notarized Letter of Authorization stating that you are buying on behalf of the company. RENEGE POLICY If payment has not been made according to Sierra’s terms and conditions, the items on your invoice will be considered abandoned, you will be in breach of your purchase contract with Sierra, and your card on file with Proxibid will be charged the amount of your invoice up to $200 plus an additional 3% convenience fee. If your invoice is over $200, you will be charged 17% renege and convenience fee with a minimum of $206 ($200 + 3% convenience fee). In addition, your bidding status with Sierra and Proxibid is at risk depending on the circumstances of the transaction. Please make sure you have a PAID invoice on your mobile device or printed out before coming to pick up assets. You will receive a PAID invoice via email once your payment has been received, cleared, and processed. Please note that some bank transfers/wires take up to 24 hours to receive. The quickest way for payment to be cleared is via Zelle, Chase Direct Deposit, or by Credit Card. ------------------------------------------------------------------------------- Buyer's Premium (Surplus) 15% of Bid Price ------------------------------------------------------------------------------- ADDITIONAL FEES: Sales Tax (if applicable) applies to bid price and Buyer's Premium – see rates below Sales Tax: 8.6% Credit/Debit Card Payments – 3% of total invoice price - See Our Special Terms of Sale Below Late Payment Fee (if applicable): 3% of the remaining invoice balance amount per DAY after 3:00 pm on the date payment is due. Payment due date is identified in the invoice email sent after the auction ends. Late payments will only be accepted if arrangements for a late payment are made in advance. Any payments made after the deadline will be considered the renege fee and/or returned to the buyer and the renege policy will go into effect immediately (See Renege Policy). Storage fee (if applicable): $10 per day per lot until picked up, beginning after 3:00 pm on the date payment is due. Payment due date is identified in the invoice email sent after the auction ends. Storage MUST BE arranged with the surplus manager prior to Friday for items left at Sierra and storage paid for in advance. Items remaining on site after Wednesday without a storage agreement will be considered abandoned and ownership rights will transfer to Sierra. PAYMENT METHODS CREDIT and DEBIT CARDS (3% fee): • Must sign a Credit Card Chargeback Waiver • Must have a Valid ID that will be copied/photographed • Address of Credit Card and ID must be the same • 3% of the total invoice price will be added to your credit card total • MUST be initiated by the cardholder through our online portal • Sierra will not proactively charge a credit card for a purchase made at any of our auctions CASH EQUIVALENTS (no additional fee): Zelle Transactions - To make a payment, use the email address “zellepay@sierraauction.com” on your Zelle Mobile App or online through your Financial Institution and be sure to include your invoice number in the note field - Zelle is an easy way to send money directly between almost any U.S. bank. Direct Deposit - into one of our three bank accounts (Bank of America, Chase, Wells Fargo). Please refer to invoice and email instructions Cashier’s Check – made out to Sierra Auction Management, Inc. Be sure the check arrives by the payment deadline to avoid late payment fees Wire Transfer – Please refer to invoice and email instructions Checks – personal or business ARE NOT ACCEPTED! All payments must be received by Sierra Auction no later than 3:00 pm on the day payment is due per the invoice email instructions. Sierra reserves the right to charge late payment fees and storage fees beyond this deadline. Sales Tax will be charged on all purchases, unless Sierra has been provided proper documentation as defined in the Sales Tax Exemption Qualifications section. NO EXCEPTIONS! Sierra retains all its legal rights, including, but not limited to suing Buyer to compel specific performance, and/or declaring the Buyer in breach of contract retaining the deposit and barring the Buyer and Buyer’s agents from all future auctions. Sierra, at its sole discretion may offer the goods for sale in a private sale or any future Sierra auction. Buyer shall be responsible for any deficiency, including late payment fees and storage fees. Buyer shall have no right to any excess funds such sale may generate. Sierra reserves the right to change the fee structure, refuse to accept certain credit cards, and/or require cash payments in its sole discretion. If you are unsure of our payment policy, please don't hesitate to contact our office PRIOR TO bidding. ~ AUCTION PREVIEW ~ IT IS HIGHLY RECOMMENDED THAT BUYERS DO THEIR DUE DILIGENCE BEFORE PLACING BIDS. THIS INCLUDES PHYSICAL PREVIEW AND INSPECTION OF ASSETS. SIERRA OFFERS PUBLIC IN-PERSON PREVIEW THE FRIDAY BEFORE EACH AUCTION EVENT. IT IS THE BUYER’S RESPONSIBILITY TO PLACED INFORMED BIDS BASED OFF THEIR DUE DILIGENCE. IF YOU ARE UNSURE OF THE ASSET’S CONDITION, PLEASE DO NOT BID OR BID ACCORDINGLY. SIERRA AUCTION DOES NOT ALLOW SCRATCH TESTING OF ANY PRECIOUS METALS. ANY OTHER TESTING OF JEWELRY, PRECIOUS STONES, AND OTHER HIGH VALUE ITEMS MUST BE COMPLETED IN A WAY SO AS NOT TO DAMAGE OR DEVALUE THE ITEM. ~ AUCTION DAY/EVENING INFORMATION ~ Sierra’s Surplus Auctions are timed events. Each item has a timer that will tick down to zero or reset another two (2) minutes if a bid comes in under two minutes. If no more bids are received in the last two minutes, the item will sell at the final bid price. If an item has a reserve and the item does not meet the reserve amount requirement, the last bid may be offered to the seller and the item could be then sold through the offer/acceptance process in which both parties agree to the final bid price. ERRORS IN BIDDING If you make a bid error after the auction has started, you must contact Sierra and receive approval to have the bid removed. IT IS NOT GUARANTEED THAT YOUR BID WILL BE REMOVED. Please contact Proxibid if the error occurred BEFORE the start of the timed auction to have your bid removed. Not all requests for bid removal are granted. NO REFUNDS FOR BIDS MADE IN ERROR WHICH CANNOT BE CORRECTED IN TIME. Operator error, keystroke mistakes, misunderstanding of auction structure, and other errors are the bidder’s sole responsibility. Remember, those who use your account to place bids are ultimately your responsibility – authorized or unauthorized use of your account to bid is still your responsibility. GENERAL TERMS Sierra Auction Management, Inc. (“Sierra”) is acting as an auctioneer-agent for many cities, counties, the State of Arizona, many large and small companies and people just like yourself that are seeking to sell items they no longer need. Sierra may act as a Principal, Buyer or Seller in the sale of some items. Sierra is not responsible for the actions of its consignors and/or principals. A Valid ID is required to register, pay, and pickup at all Sierra Auction locations. This ID is verified through our online bidding registration process in conjunction with our platform partner Proxibid. AUCTION TERMINOLOGY: It is the responsibility of the bidder to understand the manner in which items are being sold. THE BIDDER MUST UNDERSTAND WHAT HE/SHE IS BIDDING ON AND HOW IT IS BEING SOLD; IF NOT, ASK OR DO NOT BID! ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale. Also, the auctioneer may group lots or subdivide lots in order to benefit the seller. ALL SALES ARE FINAL. ALL ITEMS ARE SOLD 'AS IS-WHERE IS,' WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web, and ad descriptions are NOT GUARANTEED. Sierra is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions even if caused by Sierra’s gross negligence. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE UNSURE AS TO ANY MATTER, SIERRA URGES YOU NOT TO BID. YOU MAY NOT RELY ON SIERRA’S DESCRIPTIONS OR INFORMATION, WRITTEN OR VERBAL. The auctioneer reserves the right to reject any and all bids. Since Sierra Auction discloses ALL fees upfront, it is your responsibility to bid up to a number with which you are comfortable. You control how much you are willing to pay for an item. All auction sales will be recorded by Proxibid’s bidding platform. This recording of the bidder’s number and the bid amount shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record. Please know your bidder or paddle number given to you at the time of registration. Sierra is not responsible for any loss or damage to any sold auction items. Title (ownership) and risk of loss or damage transfers to Bidder as soon as each individual lot is sold, subject only to Sierra’s right to reconcile the auction. Errors by auctioneer shall make the sale voidable at auctioneer’s sole discretion. Sierra is not responsible for accidents, damages or stolen goods. All counts are approximate. Purchaser should monitor their purchases during the auction; if it is damaged or missing it is the bidders’ responsibility. Sierra urges all Bidders to remove all lots from the auction site as soon as possible and highly recommends removal occur no later than the close of business on the first available load-out day, with safety and security as the top considerations. ABSOLUTELY NO REFUNDS. REMOVAL OF PURCHASED ITEMS: Sierra does not offer storage services unless previously agreed to by both parties. No item may be removed from the auction site until it is paid for in full and partial payments will be considered additional non-refundable deposits towards the purchase. To avoid daily storage fees, all lots must be removed from Sierra’s facility by the date specified in the invoice email sent post-auction. In certain situations, Sierra, in its sole and exclusive judgment, may allow certain lots Sierra deems difficult to move to be removed on date mutually agreed upon. A DAILY STORAGE PENALTY of $10.00 per day shall be charged for all surplus lots not removed by the specified removal date. Any item not removed within 72 hours following the removal date or the mutually agreed upon date will become the property of Sierra, WITHOUT EXCEPTION. Buyer is solely responsible for the safe removal of all their purchases. Sierra, at Buyer’s request, and in its sole discretion, may assist Buyer in the removal of its goods. Buyer may be charged Sierra’s current hourly rate per workman and forklift or other equipment utilized. In the event any work is requested after 3:00 PM or on non-standard Sierra workdays, Sierra may charge Buyer 1.5 times its standard hourly rate. Buyer shall hold Sierra, its employees, officers and directors harmless for any and all damage, injury or liability regarding the removal of its purchases, notwithstanding Sierra assistance in item removal. All lots and purchases must be removed in full. It is the customer’s responsibility to load out and remove all items from a Surplus Auction event. Sierra Auction recommends contacting a third-party shipper for items that cannot be personally picked up. Your shipper is responsible for the asset's condition after loading and removal from Sierra's facility. Transporters must notify Sierra Management of any defects or unknown damage prior to removing the asset. Please be sure to communicate with your shipping company to ensure a smooth transition. INJURY: All persons arriving at Sierra’s locations for preview or load-out are notified that an auction site is a potentially hazardous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site before, during and after the sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises, and the conduct of third parties. All registered bidders shall so advise their guests, agents, and employees. NO PERSON(S) SHALL HAVE ANY CLAIM AGAINST SIERRA, ITS EMPLOYEES, AGENTS, AUCTIONEERS, CONTRACTORS, OFFICERS, OR PRINCIPALS FOR ANY INJURIES SUSTAINED, OR FOR DAMAGES TO OR LOSS OF PROPERTY OR PROFIT WHICH MAY OCCUR FROM ANY CAUSE WHATSOEVER. No Children under the age of 16 are permitted on property. Persons attending during preview, exhibition, sale, or removal of goods assumes all risks of damage of or loss to persons and/or property and specifically releases the auctioneer from liability therefore. Neither the auctioneer nor his principal shall be liable by reason for a defect in or condition of the premises on which the sale is held. SELLER CONFIRMATION AND UNRESERVED ITEMS: Sierra’s policy allows our consignors to determine if they wish to place a minimum reserve or “Seller’s Confirmation” on any lot. All reserved items are noted in the description as “Pending Seller Confirmation” or some other similar language that identifies the asset as having a reserve. If a reserve amount is not met through the normal course of the auction, Sierra has the sole authority to offer the final bid to the consignor to accept if Sierra chooses to do so. All other non-reserved lots will be sold to the highest bidder. However, Sierra reserves the absolute right, at its sole and exclusive judgment, to withdraw any lot from sale, or add new lots to the sale at any time up to the item being declared sold. ARBITRATION: In the event a dispute shall arise between the parties, it is hereby agreed that the dispute shall be referred to an accredited arbitration service at the sole discretion of Sierra. All arbitration cases shall be in Phoenix, AZ, and held in accordance with the applicable Rules of Arbitration. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.