OVERSIZE ITEMS WILL NOT BE SHIPPED, AND MUST BE PICKED UP AT 2684 N. READING RD., REINHOLDS, PA 17569, WITHIN 5 DAYS OF THE END OF THE AUCTION, UNLESS OTHER ARRANGEMENTS ARE MADE. OVERSIZE, LOCAL PICK UP ITEMS WILL BE INDICATED SO IN THE AUCTION.
Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale, conducted by Awsum Auctions.
All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate.
Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
1. Access and use of any online auction site of Awsum Auctions (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders’ responsibility to periodically review any and all changes made to these
terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
2. To receive an online bidder number you must provide a credit card, for registration & identity verification prior to the auction event. This allows us to more accurately identify online bidders and avoid the possibility of factious bids.
3. Invoices will be emailed to successful bidders within 24 hours of the close of the auction. Bidders expressly authorize the Auctioneer to bill their credit card to pay for all items bid on and won by the buyer. The credit card will be charged a second time to pay for shipping & packaging charges. Applicable sales taxes will be added to purchases by PA residents ONLY!
4. Online Auction Fee: Auctioneer shall charge and collect from each successful bidder a Twelve & one half percent(12.5%), Buyers Premium, for each item, in addition to the final high bid amount.
5. ALL SALES FINAL. ALL ITEMS SOLD AS IS & WITH NO WARRANTY EXPRESSED OR IMPLIED. PLEASE ASK ANY QUESTIONS BEFORE BIDDING. IF IN DOUBT, DO NOT BID. NO REFUNDS, RETURNS OR EXCHANGES, UNLESS THE ITEM IS GROSSLY MISREPRESENTED.
6. All items bid on and won as high bidder, are become property of the Bidder upon payment for the item(s), which will be charged to the credit card the Bidder placed on file at registration. By the Bidders registration, he agrees to accept all charges placed on the card, for the purchase price, plus buyers premium, & shipping charges, for the items won, and agrees to waive any and all rights concerning charge backs or refunds.
7. You will be suspended or permanently banned from the Site if it is found that you provided false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Furthermore, if you do not honor your auction bid.
8. Awsum Auctions (hereinafter “Auctioneer”) use of e-mail addresses is strictly
limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly
9. Settlement for payment for purchases must be made by credit card on file, unless other arrangements are made prior to the sale. Any "other arrangements" must be accepted in writing by the Auctioneer. Buyer must acknowledge and agree not to retract the purchase offer.
10. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made the Auctioneer concerning any item/lot shall be construed as a warranty either express or implied. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition,
quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder’s failure to inspect, or 0therwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller. Condition Reports: Awsum Auctions, and its employees are pleased to provide you with the condition of lots offered for
auction. However, since we are not professional conservators or restorers, we urge you to inspect each lot yourself or have your agent do so on your behalf. Prospective buyers should satisfy themselves as to condition and must understand that any statement made by Awsum Auctions, or its employees is merely a subjective qualified opinion, NOT WITHSTANDING WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THIS CATALOG.
11. The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. Auctioneer is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
12. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale.
13. Buyer will be furnished an electronic invoice at the conclusion of the sale.
14. Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
15. Bidder accepts responsibility for, and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the
sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site.
16. This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice
17. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
18. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information.
19. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name promptly removed from our list.
20. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. Awsum Auctions undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.
21. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
22. Bidder agrees that when using the Maximum Bid feature on the Site, you use it according to the specifications Auctioneer has in place for that feature. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works.
23. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer.
24. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
25. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Lancaster, Pennsylvania. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Lancaster County, Pennsylvania as necessary to protect the rights or property of Auctioneer pending the completion of
arbitration. The Bidder and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement.
26. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Pennsylvania applicable to contracts entered into and to be performed entirely within the State of Pennsylvania If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Your use of this auction site marks your acceptance in full of these Terms and Conditions.