Special Terms
Internet Buyer’s Premium: 17% added total hammer/purchase price
TERMS & CONDITIONS:
All bidders participating online via the Internet agree that they have read and fully understand these terms and agree to be bound thereby.
1. All items in this Online Auction are selling AS-IS, WHERE-IS without recourse with NO warranties and NO guarantees, implied or otherwise by neither Macon Brothers Auctioneers nor its Consignors.
Online bidders unable to preview items(s) are advised to obtain all information necessary PRIOR TO BIDDING to make an informed decision as to all conditions that may affect their decision to bid or amount to bid. No refunds will be made after high bid is accepted. Bidders enter into a binding contract and acknowledge all Terms & Conditions of the Auction.
Macon Brothers Auctioneers makes a concerted effort to include all information in the description of items. In no event will Macon Brothers Auctioneers or its Consignors be held responsible for any errors or omissions in item descriptions. NO REFUNDS will be made. ALL SALES ARE FINAL. NO RETURNS OR CHARGEBACKS ALLOWED.
2. All Online Bidders must register through Proxibid.com with their name, address, phone number, email address and credit/debit card so that Macon Brothers Auctioneers may be able to communicate with Bidder on transactions, as needed. Macon Brothers does not sell this information.
4. Payment: Once invoices have been sent for your online purchase(s), payment by VISA, MasterCard or Discover will be charged within 24 hours after the conclusion (end) of the Auction. Sales Tax on full purchase price (including Buyer’s Premium) will be charged all Washington State buyers. With PCI compliance, Macon Brothers does not have access to credit card information. Payments are processed through Auction Payment Network (APN), a wholly owned subsidiary of Proxibid.com. NO CHARGE-BACKS ALLOWED. Any credit/debit card declined a second time will be charged a $25.00 service fee – NO EXCEPTIONS.
5. Check Out/Removal of Items: See posted removal date and times listed. No removal without prior payment. Items not removed within 14 calendar days after the Auction date will accrue a $50 per day charge per customer thereafter.
Abandoned Items: Any item(s) not picked up per the Check Out/Removal terms above, shall at the Auctioneer’s sole discretion will be considered abandoned and will be resold or disposed of by the Auctioneer. No refund of such abandoned items will be made.
Equipment purchases must be picked up at the auction site by the purchaser or hauler authorized by purchaser to do so. Loading is the responsibility of the purchaser/hauler.
Macon Brothers Auctioneers or its designated representative will be at the Auction site for removal. Photo ID is required at removal site. Purchaser is solely responsible for complete removal (i.e. crew, packing materials, etc.) and assumes all risk of loss, damage to or destruction of the purchased item(s).
6. By bidding, Bidder acknowledges that the Shipping Terms have been read fully. (See Shipping Terms posted online).
7. Addition to or Withdrawal from Sale – The auctioneer reserves the right to withdraw from sale any of the items listed or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all of the items listed, in bulk.
8. Dispute Between Bidders – If any dispute arises between two or more bidders, the auctioneer may decide the same or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute.
9. Sale by Estimated Count, Measure or Weight – Where items are to be sold by estimated count, measure or weight, the purchaser will be billed for and required to pay for the estimated count, measure or weight. If, when delivered, any shortage exists, the purchaser will receive a refund at the rate of purchase. If there is excess, the purchaser is required to take and pay for this excess at the rate of purchase.
10. Reserve – The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller.
11. Condition of Items Sold – The auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse. All expressed or implied warranties are waived.
12. Time of Payment – All bills must be paid in full before leaving the premises on the day of the sale. No title shall change hands until payment in full has been received and all checks offered in payment have been honored.
13. Manner of Payment – All bills must be paid to representatives of the auctioneer at the auction unless otherwise announced. The full purchase price on all lots sold to the same buyer must be paid within the time fixed and before removal of any of the items.
14. Compliance with Terms of Sale – In default of payment of bills in full within the time herein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time specified herein may be resold at public or private sale without further notice, and deficiency, together with all expenses and charges of resale, will be charged to the defaulting purchaser.
15. Additional Terms and Conditions – Any additional terms or conditions of sale, added by auctioneer, shall be announced prior to the auction.
16. Removal – Upon the award of bid, title (subject to auctioneer’s possessory lien) and all risk of loss, damage to or destruction of the purchased item, passes to the purchaser and auctioneer shall have no liability whatsoever for any damage to or destruction of any such lots. PURCHASER SHALL MAKE HIS OWN ARRANGEMENTS FOR INSURANCE PROTECTION FOR ALL ITEMS PURCHASED.
17. Non-Delivery Responsibility – Auctioneer shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled to it.
18. Claims – No claims will be allowed after goods are removed from premises.
19. Personal and Property Risk – Persons attending during exhibition, sale or removal of goods assume all risks of damages of or loss to person and property and specifically release the auctioneer from liability therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
20. Records – The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.
21. Agency – The auctioneer is acting as agent only and is not responsible for acts of its principals.
22. In the event legal action is necessary to enforce any terms of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees and expenses.
23. Seller authorized auctioneer of his clerk to execute sufficient memorandum of sale.
24. No items are to be removed until close of sale.
A $50.00 Negotiable Documentary Service Fee will be charged on all titled vehicles.
Firearms are sold subject to all local, state and federal requirements with possession taken at, or through 123 Pawn Shop, (phone 509.529.7296) 1500 E. Isaacs, Walla Walla, WA.
