Special Terms
Payment Terms
Invoices exceeding $2,000 must be paid via CASH or WIRE TRANSFER ONLY! Credit card payments will not be accepted for invoices over this amount.
Internet Premium: 18%
NO ITEMS WILL BE REMOVED BEFORE INVOICES ARE PAID IN FULL
At the end of the auction you will receive an emailed invoice from Proxibid / ATG Pay which will include the buyer's premium. Buyers can follow the appropriate links to pay your invoice or, if local, you may pay when picking up.
Buyers Premium: 18%
NO ITEMS WILL BE REMOVED BEFORE INVOICES ARE PAID IN FULL
AUCTION TERMS ACKNOWLEDGMENT
These Bidder Terms and Conditions apply to auctions conducted by Castleland Management, LLC and constitute a legal, valid, binding, and enforceable contract between the auctioneer and the bidder, agent of the bidder, or anybody else participating in the auction.
By Bidding/Registering To This Auction The Bidder Agrees To All Terms Laid Out In These Terms & Conditions
_ ALL ITEMS ARE SOLD AS IS, AND ALL SALES ARE FINAL. All items and lots are available for public inspection during the posted preview dates/times. Lots may also be open for inspection by appointment (Text or Call 330-717-1997 to make an appointment)
It is the Bidder’s responsibility to determine condition, age, genuineness, value, characteristics, dimensions or any other determinative factors. Castleland Management, LLC will attempt to describe the condition and state of each item to the best of our knowledge and in a way that we believe is useful to the buyer. In no event shall Castleland Management LLC be held responsible for having made or implied any warranty of any type or use. Castleland Management LLC will by no means be held responsible for accidental misrepresentation of any items. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH LOT. Bidder shall be the sole judge of value. Do not rely on the statements of any employee of Castleland Management, LLC as to the quality or condition of an item or that it may be suitable for your purposes. RELY ONLY UPON YOUR INSPECTION OF THE ITEM. AS SUCH INSPECTION WILL BE THE ONLY ASSURANCE YOU WILL HAVE AS TO THE CONDITION OR QUALITY OF THE PROPERTY OR THE NUMBER OF ITEMS IN THE AUCTION LOT YOU MAY PURCHASE. NO REFUND FOR ANY REASON WILL BE MADE. If an item is lost, damaged, or a mistake in the catalog, Castleland Management, LLC will ONLY refund the total amount paid on that item ONLY AFTER ITEM/ITEMS DISCREPANCY HAS BEEN MADE KNOWN TO AUCTIONEER BEFORE IT HAS LEFT THE REMOVAL PROPERTY.
_ Buyers must remove their items within the removal time frame. If a bidder requires more than 30 minutes past the removal ending time, the bidder will be billed $15 an hour per employee working the removal. Items not removed by the end of the designated pickup/removal times will be considered abandoned property and will be subject to resale or disposal at the discretion of Castleland Management, LLC without a refund. After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf (including, without being limited to shipped Lots) and/or after the date posted by Auctioneer (regardless of whether the Lot has been removed from the Auction Site), no claims, returns, adjustments, or rescissions will be allowed for any reason, including, without being limited to, any alleged failure of a Lot to correspond with any standard and/or expectation.
_ All persons attending the auction, as well as successful bidders removing merchandise and agents of said bidders assume all risks of damage to person or property and specifically release and indemnify Castleland Management, LLC from any liability. Access to Auction Site and/or Online Auction Platform; Assumption of Risk; Limitation of Liability. YOU assume all risks in connection with YOUR participation, or attempted participation, in the Auction, including, without being limited to, risks arising from or associated with: (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneer; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by Auctioneer’s gross negligence or intentional misconduct. YOU further agree that neither YOU nor any person accompanying YOU to, or otherwise visiting, the Auction Site will attempt to operate or activate any machinery or equipment at the Auction Site without Auctioneer’s express consent; and, that, YOU will assume all liability for property damage and/or personal injury caused by YOU or YOUR representatives, employees, independent contractors, or agents. YOU acknowledge and agree that the Auction Site may be a potentially dangerous place that requires YOU to be vigilant, alert, and aware at all times. Flammable, noxious, corrosive, pressurized and otherwise hazardous substances may be present at the Auction Site. Machinery, equipment, and vehicles may be operated at the Auction Site, and electrical circuits may be live at the Auction Site. YOU enter the Auction Site at YOUR own risk with notice of the condition and activities that will be, or have been, conducted at the Auction Site; and YOU assume such risks for YOURSELF and anyone, including any minor children, accompanying YOU or visiting the Auction Site on YOUR behalf. YOUR representatives, employees, independent contractors, or agents also assume such risks. No person will have any claim against Auctioneer and/or Seller, or their respective agents or employees, for any injuries sustained, or for damages to or loss of property that may occur, at the Auction Site. Neither Auctioneer nor Seller will be liable for any damages of any type or nature sustained or claimed by YOU or by any other person or entity in connection with, or in any way related to, the Auction. YOU waive any and all claims and/or causes of against Auctioneer arising in connection with, or in any way related to (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneer; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by Auctioneer’s gross negligence or intentional misconduct.
_ Email/SMS consent: by participating in a Castleland Management, LLC auction, bidders agree to allow their email/phone number to be added to the Castleland Management LLC database for emails/texts of upcoming auctions. Castleland Management, LLC does not sell or give away any Emails/SMS phone numbers to any third party vendors if an Email or SMS text is opted out. Auctioneer may use Bidder Registration information to notify previously registered Bidders (by email or otherwise) about future Auctions and events. YOU may opt out of receiving such notifications by providing written notice to Auctioneer.
_This auction permits bids to be placed by the auctioneer or an employee of the auctioneer. While Proxibid's Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder. UNLESS OTHERWISE EXPRESSLY AND UNEQUIVOCALLY STATED IN WRITING, THE AUCTION WILL BE WITH RESERVE, and Auctioneer may Withdraw any Lot prior to the Fall of the Hammer on such Lot, even if bids have been tendered and/or recognized against such Lot. In addition to being With Reserve, certain specific Lots identified by Auctioneer may be sold Subject to Seller’s Confirmation, which means that after the High Bid Subject to Confirmation has been acknowledged by Auctioneer, Seller may, in Seller’s sole and absolute discretion, accept or reject the final bid on such Lot(s).
Bid increments are established and controlled by Auctioneer and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
_Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advanced in accordance with Auctioneer’s policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that a Lot may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to acknowledge or reject such bid. An Absentee Bidder may authorize Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts as the agent of the Seller only, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
_Buyer's Premium. Each Lot is subject to a Buyer's Premium that will be calculated as a percentage of the Hammer Price and paid by the Winning Bidder in addition to the Hammer Price. The Buyer’s Premium applicable to a particular Auction or to specific Lot(s) may be posted on Auctioneer’s website and/or otherwise announced by Auctioneer. Unless otherwise stated in writing, posted on Auctioneer’s website, or posted at the Auction Site, the Buyer’s Premium will be an amount equal to eighteen percent (18%) of the Hammer Price for each Lot. The Buyer’s Premium may vary depending on whether YOUR bids are submitted online, or onsite, or otherwise. The Buyer’s Premium may also be adjusted to account for credit card processing fees and/or check verification fees. The Buyer’s Premium may be reduced, either globally or on a case-by-case basis, at Auctioneer’s discretion. The Buyer’s Premium is earned at the Fall of the Hammer and will not be refunded by Auctioneer. The Buyer's Premium will be added to the Hammer Price to determine the final Contract Price for tax purposes. If YOU are the Winning Bidder on any Lot(s) and YOU default on YOUR obligations as set forth in these Bidder Terms and Conditions, or otherwise, there will be no set-off or reduction in the Buyer's Premium even if a Lot is resold. Because the Buyer's Premium is earned with the Fall of the Hammer, Auctioneer has no obligation to mitigate damages with respect to the Buyer's Premium, and YOU acknowledge and agree that mitigation of damages is not possible.
_Online Bidding; Maximum Bids. Online bids may be submitted as a single advancing bid on a Lot, or as a maximum bid on a Lot, and bidding will advance competitively to the next available increment. If YOU submit a single advancing bid on a Lot and YOUR bid is equal to or less than the maximum bid previously submitted by another Bidder on the same Lot, YOU will be outbid. If YOU submit a maximum bid on a Lot and a maximum bid has previously been submitted by another Bidder on the same Lot, bidding will advance to the next highest bid increment after which either YOUR maximum bid or the previously submitted maximum bid has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. If YOUR bid is shown as the current high bid on a Lot and another Bidder submits a bid (either as a single bid or as a maximum bid), bidding will advance to the next highest bid increment after which either YOUR maximum bid or the maximum bid of the competing Bidder has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount.
_Technology Disruptions. YOU acknowledge and agree that the Auction is conducted electronically and relies on hardware and software that may malfunction without warning. Auctioneer will not be responsible for, and will suffer no liability for, technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform(s), (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
_Failures by Online Auction Platform Provider and Its Affiliates or Contractors. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider(s) to perform, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider(s) to perform regardless of whether such obligations are owing, directly or indirectly, to Auctioneer, to YOU, to Seller, or otherwise.
_No Bid Retraction. Without Auctioneer’s express consent, which may be granted or withheld in Auctioneer’s sole and absolute discretion, YOU may not retract, revoke, or withdraw a bid tendered by YOU or on YOUR behalf that has been acknowledged by Auctioneer or that has been submitted online. YOU acknowledge and agree that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction. YOU, further, acknowledge and agree that bid retraction is disruptive and interferes with the Auction, may undermine Bidder confidence in the Auction, and may have a negative impact on the Hammer Price. As an inducement for Auctioneer to accept YOUR Bidder Registration and to grant YOU the privilege of bidding at the Auction, YOU agree not to retract, revoke, or withdraw (or to attempt to retract, revoke, or withdraw) any bid tendered by YOU or on YOUR behalf.
_Responsibility for Bids. YOU are responsible for all bids made using YOUR Bidder Number or YOUR Bidder Account, and if YOU tender a bid that is determined by Auctioneer to be the Winning Bid, or if a Winning Bid is submitted from YOUR computer, or YOUR device, or from YOUR Bidder Account, YOU will be the Buyer. If YOUR Bidder Number is lost, stolen, or misappropriated, or if YOUR Bidder Account has been hacked or compromised YOU should notify Auctioneer immediately. YOU will be liable for all bids tendered using YOUR Bidder Number or Bidder Account prior to giving Auctioneer notice that YOUR Bidder Number was lost, stolen, or misappropriated or that YOUR Bidder Account was hacked or compromised.
_Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Contract Price, and YOUR Bidder Registration (if any), these Bidder Terms and Conditions, Auctioneer’s clerking sheets, and any other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence of the purchase and sale contract between YOU and the Seller, as well as the terms of the sale. These Bidder Terms and Conditions will be incorporated into and made a part of the contract between each Buyer and Seller. Auctioneer may require YOU to sign a memorandum memorializing the sale, but the absence of any such memorandum will not affect the sale or the contract of sale.
_Titles and Liens. If YOU are certified as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract Price; however, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears.
_Failure to Pay. If YOU fail to pay for YOUR purchase(s) within time provided, YOU will be deemed to have abandoned any interest in the Lot(s), but YOU will remain liable for payment of the Contract Price. Unpaid Lot(s) may be retained by Seller, resold at a subsequent auction, or otherwise disposed of. If unpaid Lot(s) are sold at a subsequent auction, YOU will be liable for any shortfall or deficiency on the resale of the Lot(s), the Buyer’s Premium, and the costs incurred in connection with reselling the Lot(s). Under no circumstances will YOU be entitled to any surplus from the resale of any unpaid Lot(s). Auctioneer and/or Seller may, at any time, commence a lawsuit against YOU for the Contract Price of any unpaid Lot(s) and/or for any deficiency realized on the subsequent sale of such Lot(s). In addition to the foregoing, if YOU fail to pay for any Lot(s) with respect to which YOU are the Winning Bidder, YOU may be banned from any and all future auctions conducted by Auctioneer, and YOUR failure to make payment may be reflected on YOUR profile with the Online Auction Platform Provider(s) or otherwise truthfully disclosed to third-parties, including other auctioneers, via social media or otherwise.
_Indemnification. YOU agree to indemnify and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Without limiting the generality of the foregoing sentence, YOU accept responsibility for, and agree to indemnify, defend and hold harmless Seller and Auctioneer, and each of them, and their respective employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, attorneys, 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 YOUR participation in the Auction, including, without being limited to, personal injuries, property damage, or financial loss, incurred by YOU or any other person or entity at the including, without being limited to, access to or use of any Online Auction Platform, access to or presence at the Auction Site, and/or removal, transport, use, or subsequent sale of any Lot(s).
_Public Health and Safety Issues. YOU understand that due public health and safety issues (including, without being limited to COVID-19 and other diseases that may be transmitted through close contact), there are risks associated with being in close proximity to others. YOU understand the COVID-19 and other diseases that may be transmitted through close contact may be highly contagious. YOU voluntarily agree to release, indemnify, defend and hold harmless, Auctioneer, Seller, and their respective agents and employees, from any and all liabilities, claims, losses, causes of action or expense of any kind related, in any way, to bodily injury or infection associated with the COVID-19 virus, and other diseases that may be transmitted through close contact, as a result of YOUR presence at the Auction Site. YOU, further, acknowledge and agree that YOU are accepting those risks for YOURSELF and for any participant(s) who may accompany YOU to the Auction Site, or who may handle property from the Auction Site. YOU further acknowledge and agree that YOU are familiar with local, state and federal guidelines and executive orders related to social distancing, and that YOU are participating in the Auction of YOUR own free will.
_Posted Times. Unless stated otherwise, all posted or listed times are intended to reference the local time zone at the Auction Site. Posted closing times and time displays are approximate. Auctioneer reserves the right, in Auctioneer's sole and absolute discretion, to close early, extend, reset, or reopen the Auction (including bidding on any Lot(s)).
_ Shipping Instructions: Shipping terms and details are on a per-item basis. Each Lot will specify in the description whether or not shipping is available and for how much. Multiple lots may be combined for shipment upon request. Please contact Castleland Management at 330-717-1997 for all shipping questions and requests!
_ This event is protected by Proxibid's Unified User Agreement.
Customer satisfaction is a high priority for Castleland Management! If you have ANY questions or concerns about any of our auctions or business practices, please don't hesitate to ask!
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