Hard Knocks Auctions, LLC
Auction & Online Auctions, Website and WebCast
Terms and Conditions
BY PARTICIPATING IN AN AUCTION, LIQUIDATION, WEBCAST OR ANY OTHER Hard Knocks Auctions LLC EVENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND & AGREE TO PARTICIPATE SUBJECT TO THE TERMS & CONDITIONS SET FORTH IN THIS AGREEMENT.
1. ACCEPTANCE OF TERMS
Hard Knocks Auctions LLC and its subsidiaries and affiliates ("HKAuctions" and/or “AUCTIONEER”), conducts auctions, liquidations and other capital asset disposition services (“SERVICES”) to and for you (“BUYER”), subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you the Buyer. Buyer can review the most current version of the T&C at any time at http://www.hardknocksauction.com In addition, when using particular HKAuctions services, you shall be subject to any posted guidelines, rules, and/or policies and procedures applicable to such services, which may be revised from time to time. All such items are hereby incorporated by reference into the Terms and Conditions.
a) Auctioneer reserves the right to group, reduce, add to or delete lots. In the event there is a dispute between two or more claims of entitlement as the successful bidder, Hard Knocks Auctions reserves the right and in it’s sole discretion, to re-auction the item in dispute or make determination as to the winning bidder. Lots may be auctioned with reserve, and auctioneer may bid on behalf of the reserve without further notice.
b) Any announcements made on the day of the auction take precedence over catalog or other previously announced or documented information, but do not alter in any way the basic terms and conditions of sale.
c) CHECKOUT - No checkout will be permitted during the auction sale. All purchases must be paid in full before merchandise will be released from the premises. Checkout will begin on the day following the auction sale. Quantities must be checked before removal of purchases. No allowances will be made for claims or shortages once items are removed from the Auction premises.
d) A buyer's premium of 13%-15% of the bid price will be announced at the auction and added to the price of each item purchased for those that attend the auction at the auction location
e) A buyer's premium 15% of the bid price will be added to the price of each item purchased for bidders that attend via Auction, WebCast or Online Auctions.
f) All purchases must be paid in full before merchandise will be released from the premises.
g) All property must be paid for and picked up in the time frames announced by Auctioneer at time of sale. If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to HKAuctions without further notice to Buyer.
h) If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to Auctioneer, including and without limitation, the right to hold Buyer liable for the total purchase price, Auctioneer may, at its option, (a) cancel the sale, retaining all payments made by Buyer, and/or (b) resell the merchandise at public auction without reserve in which event Buyer will be liable for the cost of removing and reselling the abandoned merchandise, for any deficiency between Buyer’s original purchase price and subsequent resale price, Auctioneer's commission, and all other expenses related to the disposal of the abandoned property. In addition, a defaulting Buyer will be deemed to have granted Auctioneer a security interest in the merchandise, which Auctioneer may retain as collateral security for Buyer's obligation to Auctioneer.
i) In no event shall Auctioneer's liability to Buyer exceed the purchase price actually paid. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct; indirect, incidental or consequential damages.
j) Buyer agrees to indemnify, defend and hold harmless Auctioneer and its agents and representatives, and the owner of the premises from any and all demands, claims, losses, damages and liabilities asserted against, resulting to or imposed upon Auctioneer or such owner resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise.
k) The bidder's paddle is nontransferable. All bids made by the holder of the paddle will be the responsibility of the Buyer. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. No refunds, returns or exchanges.
l) Local sales tax will apply to all purchases. Resellers must provided a VALID, LOCAL resellers certificate in order to waive sales tax. Resellers not required to hold sales permits in the state where the auction is being held must provide written certification to that effect to be exempt from sales tax. OUT-OF STATE SHIPMENTS will be exempt from sales tax only if shipped directly from the auction site and a BILL OF LADING is provided at the time of removal. All claims for sales tax exemption must be made at the time of payment. Sales tax will not be refunded once purchases have been removed from the auction site.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. The condition of the merchandise being offered varies. The buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished by HKAuctions is solely for identification, and does not create any warranty, expressed or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS" "WHERE IS" and "WITH ALL FAULTS.” HKAuctions MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO (i QUALITY, QUANTITY, CONDITION, USABILITY, SALE ABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY or MAY NOT BE IN EFFECT. ANY DISCREPANCIES WITH CATALOG DESCRIPTION MUST BE BROUGHT TO HKAuctions ATTENTION PRIOR TO ITEMS LEAVING THE PREMISES.
b. HKAuctions MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. HKAuctions NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK,COMPUTER EQUIPMENT, SOFTWARE OF ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE HKAuctions AUCTION WEB SITE.
8. LIMITATION OF LIABILITY
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED AT THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hard Knocks Auctions, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF BUSINESS, OR OTHER INTANGIBLE LOSSES (EVEN IF Hard Knocks Auctions, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
13%-15% Buyers Premium (Announced at the Auction and varies depending on the specific auction and method used to bid)
All Items sold "AS IS" "WHERE IS" NO WARRANTIES.
Inspect the items before you bid.
Cash, Cahiers Check, Certified Funds, Credit Cards Pay Pal.
Balance must be paid by the next business day after the auction
Items must be removed within 2 business days after the auction
Hard Knocks Auctions is not responsible for any problems, losses or damages resulting from
Buyer’s inability to bid or have Buyer’s bid recognized.