North American Auction Company. (Hereinafter referred to as Auction Co.) at its sole discretion, may ban from further use any buyer or seller which Auction Co. believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Auction Co. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
PAYMENT/NON REFUNDABLE DEPOSIT: Auction Co. RESERVES THE RIGHT to charge the credit card registered with your account a 20% deposit during the auction or 20% immediately following close of bidding of your total purchase amount. The Balance will be due within two business days and prior to removal of purchased item(s), payable by cashierâ€™s check, cash, (credit card 3% equipment fee will be added to total invoice) or wire transfer. If paying with Personal and Company checks a current bank letter guaranteeing funds to North American Auction Company must be presented at time of registration. All payments must be in U.S. Funds. No checks accepted from out of Country. Auction Co. reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not otherwise paid by you within 2 days. We do not accept partial payments. Invoices must be paid in full.
ALL ITEMS on the auction sell subject to the Auction Co.â€™s acceptance or rejection of the high bid.
NOTICE: BUYERâ€™S PREMIUM: Buyers Premium: A 13% buyer's premium is in effect for this auction. If buyer pays with cash, wire transfer, cashier's check, or company check (accepted up to $5,000), then we waive 3% of the buyer's premium, which makes the buyerâ€™s premium 10% buyerâ€™s premium will be added to all purchases. Visa, MasterCard, & Discover cards are accepted.
Removal and Failure to Remove. All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified, the Auction Co. shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyers sole risk and expense (storage costs will be charged - per day - per item - other costs additional), without waiving any rights that Auction Co. or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) Removal period is posted on each sale and may vary from sale to sale.
Sales Tax: All bidders will be subject to the local sales tax of auction location unless you provide our office with the documentation we require for exemption. NOTICE: Out-of-state buyers and out-of-country buyers must pay sales tax on all items including titled items. (Unless stated differently in the auction terms)
Note to the buyers of titled items. Buyers will be responsible for payment of taxes and procurement of plates in their county and/or state of residence. Titles will be given day of sale if paid by Cash, Credit Card, or Certified Check. Company Checks will take 7 days to clear before title will be released.
Auction Co biding: The Auction Co. RESERVE THE RIGHT TO BID on the seller's item in order to protect their investment.
Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Co or Seller for any errors or omissions.
Posted closing times and displays of Auction Co.'s current time are approximate. Auction Co. reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Time Zone as specified on the auction. (Online Auction only) Dynamic bidding - The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 5 minutes of bidding inactivity. Example - An item is bid on at 7:55pm. An auction is scheduled to close at 8:00pm. When this bid is placed the ending time will automatically extend to 8:05pm. When another bid is place at 8:01 the auction will extend until 8:10pm. This will give bidder 9 minutes to place another bid. If no bids are placed this auction will conclude at 8:10pm. The key to your dynamic bidding feature is that the auction extends from the preset closing time in 5 minute intervals, NOT 5 minutes from when you placed your bid.
Auction Co.'s Right to Terminate Purchase. If for any reason Auction Co. is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Auction Co. may terminate the purchase/agreement, in which case Auction Co.'s only liability shall be the return of any monies actually paid by buyer.
Consent to Suit in Montana. In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Montana. Buyer also agrees that venue shall be in Gallatin County, Montana and that the laws of the State of Montana shall govern this Agreement and the partiesâ€™ transaction hereunder.
The BUYER expressly agrees to indemnify and save the Auction Co., Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from Buyerâ€™s negligent acts or omissions or breach of this agreement, except for for damages caused by or resulting from the Auction Co.'s sole negligence.
Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
DISCLAIMER OF WARRANTY AND RELEASE You expressly agree that use of this Web site is at your sole risk. Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, â€œProvidersâ€), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Providers do not warrant reliability of any statement or other information displayed or distributed through the Site. Providers reserve the right, intheir sole discretion, to correct any errors or omissions in any portion of the Site. Providers may make any other changes to this Site at any time without notice.
Providers make reasonable commercial efforts to make the Site available at all times, however, Providers are not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN â€œAS IS,â€ â€œWHERE IS,â€ AND â€œWHERE AVAILABLEâ€ BASIS. PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONâ€™S LAW APPLIES TO THIS AGREEMENT.
In the event that you have a dispute with one or more users, you release Providers (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES
YOU AGREE THAT PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT SHALL PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.