1. All Bidders will be identified by number rather than by name. The Auctioneer will record all sales under your bidder number only.
2. All items are offered “AS IS, WHERE IS” in units of measure as announced at the time of sale. No claim will be considered for allowance, adjustment or recision of any sale based upon the failure of the property to correspond to any particular standards or expectations of the buyer. The Auctioneer may state the year of manufacture of certain equipment; however, it is the responsibility of the Buyer to ascertain, by his own means, the correctness of year and model and equipment, options, accessories prior to bidding. The Auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole and absolute discretion. No agent, employee or representative of the Auctioneer, or seller has any authority to bind seller to any affirmation, representation, or warranty concerning any equipment, vehicles or other goods sold to any direct or indirect purchaser.
IMPORTANT: Notice to Buyer: the vehicles and/or associated equipment, parts, materials, or tools are sold as and where is and with all faults, Seller and Auctioneer make no warranties, express or implied as to the equipment, parts, materials, or tools. There is no warranty of fitness or of merchantability. The Buyer agrees to indemnify and hold harmless the seller from any and all damages, injuries, and/or causes of action which may involve any equipment, vehicle, and/or associated equipment, parts, materials, tools, or other goods occurring subsequent to the date of this sale or such equipment, vehicle, and/or associated equipment, parts, materials, tools or other goods.
3. The Auctioneer may refuse to accept or acknowledge any bid which is merely a fractional advance over the preceding bid, and in the event of a tie bid, the Auctioneer may re-open the bidding to determine the higher bidder. All sales are final upon the award of bid at which time at 25% deposit is required by CASH, CASHIER’S CHECK, CERTIFIED CHECK, OR BANK LETTER OF GUARANTEE. The balance of the purchase price shall be paid on the day of the sale or no later than the end of business the next business day after the auction, and in any event, prior to the removal of any lot. In the event the purchaser fails to pay the full purchase price for any lot within the prescribed time, or fails to comply with any other terms of the sale, the Auctioneer shall retain a possessory lien on all lots of the purchaser and any and all of the purchaser’s merchandise in the possession of the Auctioneer. Purchaser shall pay all deficiencies resulting from such resale, together with all charges, fees, commissions and expenses in connection with such resale. The auction deposit shall be retained by the Auctioneer for application against any such deficiency, expense or charge as liquidated damages. NO REFUNDS OR ADJUSTMENTS!
4. Upon the award of bid, title (subject to Auctioneer’s possessory lien) and all risks of loss, damage to or destruction of the purchased item, passes to the purchaser and Auctioneer and/or seller shall have no liability whatsoever for any damage to or destruction of any such lots.
5. No lots may be removed until the conclusion of the auction, although invoices are available for payment at any time. All lots MUST be removed within the time announced or posted at the sale of purchaser’s sole cost and risk and only in a manner approved by the Auctioneer. If for any reason the purchaser fails to remove any lot within the specified time, the lot shall be deemed abandoned, and the Auctioneer may re-sell per paragraph 3 above, or remove from the auction site, and/or store the said lots at purchaser’s sole risk and expense. In addition, the purchaser shall be liable for any rent incurred or damages suffered by the Auctioneer because of the purchaser’s failure to remove any lot in a timely manner.
6. Sales taxes will be added to the purchase price of all taxable items. Dealers who purchase for resale MUST pay said sales tax or provide a resale certificate to the Auctioneer in the name of the registrant. Purchase must also comply with all local laws and all ordinances regarding sale property at auction.
7. If for any reason whatsoever the Auctioneer fails to deliver an awarded lot, the Auctioneer’s sole liability shall be the return of any deposit or monies paid on such no-delivered lot. The Auctioneer and/or seller does not accept responsibility for the failure of any equipment said to meet the safety standards on classifications of equipment by the Department of Labor, Safety and Health regulations, CAL-OSHA, Federal OSHA, or the environmental protection agencies. It is the express responsibility of the buyer to determine what safety equipment must be in service of any machinery purchased and to comply with those regulatory requirements prior to using any equipment, machinery or vehicles purchased.
8. All smog related repairs and certifications are the sole responsibility of the Resale/Dealer Buyer.
9. The following fees apply to all sales (whether you are a dealer or not) NO exceptions!!!: 15% Buyers Premium, $55 Gate Release Fee, Smog Fee, and DMV fees where applicable.
10. US Auctions WILL NOT be responsible for any lots damaged or lost at the auction site during and after the auction. All purchases MUST be removed from the auction site by Monday at 5pm following the auction, otherwise storage fees will apply at $25/day.
11. If a disputes arises the Buyer will pay any/all legal fees.