Terms And Conditions
Notification: All Registered Bidders, associates and/or employees of Companies who are acting as bidders on the Company’s behalf, and all other individuals in attendance and/or participating in this Auction in any way, either live on site, by Proxy Bid, or by remote Internet Bidding on Proxibid.com agree that they have read and understand these Terms and Conditions and further agree that they will abide by all the Terms and Conditions of this Auction as stated in this document. They further agree to be bound by any changes or modifications to these Terms and Conditions which are documented either on this web site, in writing at the Auction location, or announced verbally at the auction site prior to the beginning of the Auction. They also agree that their failure to be in attendance and to hear any verbal announcements made prior to the Auction, either live on site or by any available Internet on-line bidding opportunity conducted for the Auction, does not in any way reduce the rights of the Seller or The Auction Group to enforce these terms and conditions. Bidders attending without being present for previews or opening announcements waive all rights to dispute and accept full financial responsibility for any bidding errors.
1. Bidders Identification – All bidders, or purchasers, are required to provide The Auction Group their Full Name, Address, and Phone Number as a condition of being registered to bid at the Auction. All bidders, or purchasers, must present a valid picture ID at the time of registration. Bidders, or purchasers, bidding via Proxibid, must fax or email a copy of their picture ID at the time of registration online.
2. Addition Of, Removal Of, and Modification of Lots in the Auction – The Auctioneer reserves the right to add Lots or items to the Auction which have not been previously listed for sale, and to remove any Lots or items previously announced as for sale at the Auction. The Auctioneer also reserves the right to alter the order of the sale, to combine two or more Lots into one Lot offered for sale, or to divide any Lot into two or more Lots to be offered for sale. If the Auctioneer deems it to be in the best interest of the Seller, the Auctioneer reserves the right to sell any and all Lots by means of a bulk sale.
3. Buyer’s Premium – The Buyer’s Premium is a percentage of the High Bid price which is added to the High Bid price to determine the Final Sale Price for all bidder’s invoices. On Site Buyer’s Premiums and Internet Buyer’s Premiums may be different percentages. Payment of all Buyer’s Premiums is conditioned by Section 6 of these Terms and Conditions.
4. Rigging Services Cost – Some auctions may require the services of a preferred rigging service for equipment, item or lot removal. In the case that a preferred rigging service is required by the Seller, the cost of the rigging service for each Lot will be documented and available to the Bidders before the start of the Auction. Charges pertaining to the preferred rigging services may be added to the Bidder’s invoice. If these charges are added to the invoice, payment of these charges in full is required and conditioned by Section 6 of these Terms and Conditions.
5. Sales Tax – All Sales are subject to state and local sales taxes unless an appropriate Sales Tax Exemption Certificate, including any appropriate tax exempt number, is presented to the Cashier at the time the invoice is paid. Failure to provide the proper documentation will result in the proper tax being applied to the sale price. If these charges are added to the invoice, payment of these charges in full is required and conditioned by Section 6 of these Terms and Conditions.
6. Payment of Invoices – All invoices must be paid in full at the conclusion of the Auction. No purchased items may be removed until the invoice is paid in full. Any other payment arrangements must be made with the Auctioneer and The Auction Group prior to bidding. Failure to abide by these payment terms will result in all items purchased by the bidder being determined to be abandoned with the Buyer rescinding all rights, title to, or interest in the merchandise. The rights to, ownership of, title to, and full interest in the merchandise shall revert to the Seller / Auctioneer without the requirement of any further notice to the Buyer and the sales transaction shall be considered null and void. Any deposit made by the Buyer shall be forfeited to the Seller / Auctioneer.
7. Manner of Payment – All payments must be made by the accepted forms of payment found in the section entitled Payment Options for each Auction. Unless otherwise noted, the accepted forms of payment include Cash, Cashiers Checks, approved Wire Transfers, Certified Funds, and Company and/or personal checks which are accompanied by a Bank Letter Of Authorization which guarantees payment of all funds to The Auction Group or to any other designated payee for any Auction. All payments must be made within the time restrictions announced for any Auction. Full payment must be made before the removal of any equipment, items, or material.
8. Information on Items Sold at the Auction – All items and merchandise are sold “As Is, Where Is, With All Faults”. The Auctioneer shall not be responsible for any incorrect description of the merchandise, capability of the equipment, or any fault of or concealed damage to the any lot. The Auctioneer makes no warranty or guarantee at all, either written, verbal, expressed, or implied in any fashion, regarding the model, model year, quantity of, mechanical or electrical condition of, capability of, performance of, genuineness of, authenticity of, or any other specification regarding the merchandise. No sale will be set aside, nor any allowance or discount made, for any reason, including but not limited to the description of the item, any comment made about the item, or any imperfection which is not noted regarding the item. By registering to bid, the bidder forfeits all rights to recourse regarding this section.
9. Claims – No Claims of any kinds will be allowed after the merchandise is removed from the Auction location or any announced storage location.
10. Failure to Deliver the Purchased Item to the Buyer – The Auctioneer shall not be liable for any failure to deliver the purchased item to the Buyer, other than the refund of the total purchase price of the item.
11. Failure to Comply with All Terms of Sale of the Auction – If the Buyer is determined to be in default of the full payment of any and all invoices relating to the Auction, or if the items are not removed within the time allowed, the Auctioneer shall, in addition to any and all other remedies allowed by law, be entitled to retain any and all monies which have been received as deposits, partial payments, or for any other reason from the Buyer as liquidated damages. Any Lots, Items, or Merchandise not paid for in full, or removed within the time limits pertaining to the particular Auction may be resold by any method by the Auctioneer without any notice to the defaulting Buyer. The defaulting Buyer shall be liable for any deficiency in the resale price when compared to the Buyer’s total purchase price at the Auction, including any Buyer’s Premium and any other announced cost of the purchase such as agreed rigging services cost, and also including any expenses and costs pertaining to the resale of the item.
12. Bidders Disputes – If any dispute between bidders arises as to who is the high bidder, the decision of the auctioneer is final. Once an item is declared sold, the bidding on the item shall not be reopened. Every attempt will be made to assure that all bidders are aware of their bid position prior to the hammer fall and sold declaration. The decision of the Auctioneer will be absolute and final.
13. Record of the Sale – A written, or computer recorded, record of the sale, including final high bid prices and winning bidders, is kept by the Auctioneer and Clerk of the Auction. The Auction Group compiles a digital voice recording and/or video recording of all Auctions. This (these) recording(s), if available, will be used to confirm information recorded by the Auctioneer and Clerk of the Auction in the case of any dispute. If recordings are not available, the written or computer recorded sale information as compiled by the Auctioneer and Clerk of the Auction will be final in any dispute between bidders.
14. Bid Increments – The Auctioneer reserves the right to reject fractional bid increments if, at their sole discretion, the Auctioneer determines that acceptance of the fractional increment will be detrimental to the sale. The decision of the Auctioneer will be absolute and final.
15. Items Sold With Reserve – If items are offered for sale “With Reserve”, the Auctioneer reserves the right to reject any and all bids. The Auctioneer reserves the right to announce “pass” on any item on which there is a reserve price if the reserve price is not met. In any case, the reserve price will not be announced.
16. Agency - The Auctioneer and The Auction Group are acting as an agent of the Seller and are not responsible in any way for their actions.
17. Shipping – Any items shipped by The Auction Group or any rigging service must be shipped in compliance with all state and federal regulations pertaining to the shipment of the items. All packaging and shipping costs are the responsibility of the purchaser.
18. Additional Terms and Conditions – The Auctioneer may at their sole discretion modify these Terms and Conditions for any sale by printed notification in the Sale Catalogue, publication on this web site or by printed or verbal announcement at the sale site prior to the start of the sale.
All items sell AS-IS with no warranties or guarantees expressed or implied. All Sales Final. We reserve the right to add or delete items prior to sale time and any announcements made day of sale take precedence over previous printed or electronic matter.
Announcements day of auction take precedence over any previously printed, website, or spoken materials. High bid amount plus the Buyers Premium and applicable taxes will be considered the final contract price. The Auction Group will add shipping and handling charges to the invoice for the grand total due.
All information deemed reliable but not guaranteed. Bidders not present for preview waive all rights. For bidder registration contact Michael Moore, SCAL #3931, @ (803) 917-1205. To preview items before the auction date, contact Michael Moore @ (803)917-1205.
A Sales Tax of 7% will be applied unless the Buyer furnishes a Sales Tax Exemption Certificate with their registration to bid. The tax exemption certificate may be faxed to 803-356-9511 or e-mailed to email@example.com.