Special Terms
NOTICE: All Bidders of this auction agree that they have read and fully understand these terms and agree to be bound thereby.
1. REGISTRATION: Buyers must register prior to bidding at this auction sale. All bidders must provide name, company name (if applicable), mailing address, telephone number and email address. A valid credit card is required; we accept Visa, MasterCard and Discover. By registering you represent and warrant that any and all Buyer information is correct. Auction Company reserves the right to deny any registered bidder at any time at its sole discretion without notification.
2. INSPECTION: Bidders may inspect the vehicle and are urged to do so on Monday, December 8th from 9:00 AM to 4:00 PM.
3. INVOICES: The successful bidder will be sent an electronic invoice to the email address provided during registration or faxed upon request.
4. PAYMENT: Auction Company must receive payment in full by 4:00 PM on Monday, December 15, 2014. Payment may be made by cashier’s checks drawn to the order of Wm. F. Comly & Son, Inc. Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that: MR./MRS.___________ (Specify Name) IS A CUSTOMER OF OUR BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON HIS/HER ACCOUNT UP TO $__________________ (Specify Amount) FOR PURCHASES MADE AT YOUR AUCTION ON THURSDAY, DECEMBER 11, 2014. Visa, MasterCard & Discover will be accepted for payment or bank wire transfer to the account of Wm. F. Comly & Son, Inc. Please call auction office for further instructions or to authorize a credit card payment. Payment may be made or mailed to auction site, Wm. F. Comly & Son, Inc. 1825 E. Boston Street, Philadelphia, PA 19125.
5. TIME OF REMOVAL: The vehicle will not be released to the purchaser until payment is made in full. The vehicle must be removed by Monday, December 15, 2014. Hours for removal are from 8:00 AM to 4:00 PM (No weekend hours).
6. MANNER OF REMOVAL: Buyer must remove the vehicle from the premises at their own risk, expense and liability. Auction Company is not responsible for items that are not removed within the time specified and has the option of storing or re-selling the items at the expense and risk of the Buyer.
7. NON-PAYMENT: Failure to pay the invoice in full within the time herein specified, the Auction Company may charge the purchasers credit card that was used at time of registration for any unpaid balance on an invoice plus a 16% buyer's premium. The Auction Company, in addition to all other remedies allowed by law, may subject the Buyer to pay as liquidated damages the full amount of difference between original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell the assets.
8. NON-DELIVERY RESPONSIBILITY: All purchases made are at the Buyer’s risk. The Auction Company shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever. The Auction Company shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Buyer of any lot, other than the return of the deposit or sum paid on said lot, should the Buyer be entitled to it.
9. CONDITION OF ITEMS SOLD: Auction Company is not 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 are exposed for public exhibition and are sold "AS IS" and without recourse. It is for this reason that all Buyers should avail themselves of the opportunity to make inspection prior to sale.
10. CLAIMS: Auction Company will not be responsible for any missed bids from any source. Under no circumstances shall Bidder have any kind of claim against Auction Company or anyone else if the internet service fails to work correctly during the online auction. Additionally, no claims or allowances of any sort will be allowed once the assets have been removed from the premises.
11. PERSONAL & PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property, and specifically indemnify and hold harmless Auction Company and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever. Neither the Auction Company nor his principal shall be held liable by reason of any defect in or condition of the premises on which the sale is held.
12. INDEMNIFICATION: Buyer agrees to indemnify and hold harmless Auction Company and Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising there from.
13. AGENCY: The Auctioneer is acting as agent only and is not responsible for acts of its principals.
14. BUYER’S PREMIUM: A 16% Buyer’s Premium will be added to all purchases. If your entire bill is paid by cashier’s check or wire transfer the buyer’s premium will be reduced to 13%.
15. SALES TAX: Buyer shall pay applicable sales or use taxes imposed by taxing authorities at the time the vehicle is registered.
COMLY AUCTIONEERS & APPRAISERS THANKS YOU FOR YOUR PARTICIPATION
All property is sold as is, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Wm. F. Comly & Son, Inc. may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Wm. F. Comly & Son, Inc. be held responsible for any errors or omissions in the description of the vehicle of for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder agrees that the vehicle is sold “as-is”.
Wm. F. Comly & Son, Inc. is providing Internet bidding as a service to Bidder. 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 Wm. F. Comly & Son, Inc. or anyone else if the Internet service fails to work correctly before or during the auction. Wm. F. Comly & Son, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction ends. Wm. F. Comly & Son, Inc. reserves the right to withdraw or re-catalog items in this auction.