Special Terms
GENERAL TERMS
Capstone Auction Partners (“Auctioneer”) reserves the right to deny or revoke bidding privileges of any person at any time, without notice, at its sole discretion. Auctioneer shall have final authority in resolving any disputes between bidders, including tie bids.
Auctioneer reserves the right to add, remove, or modify any auction items, listings, or Terms & Conditions at any time. Announcements made on the day of sale shall take precedence over all prior advertising and printed materials.
By registering and placing a bid, Bidder acknowledges they have read, understand, and agree to be bound by these Terms & Conditions. Certain items may be subject to additional terms specific to the auction or seller.
BUYER’S PREMIUM
Fee added to final hammer price of all purchases and paid by the buyer:
-10% for On-Site Bidders
-15% for Online Bidders
Buyer’s Premium is capped at:
-$2,500 per item for On-Site Bidders
-$2,500 per item plus 2% for Online Bidders
* If an on-site bidder wins the bid via an online platform, online fees will apply.
PAYMENT / SETTLEMENT TERMS
All purchases must be paid in full on Sale Day, prior to removal of any items. Any balance not paid in full within three (3) business days of the auction date shall be deemed in default. Auctioneer is authorized to charge the credit card on file immediately following the auction unless prior arrangements are made. Buyers wishing to pay by cash or check must notify Auctioneer prior to the close of bidding. Auctioneer reserves the right to require a bank letter of credit for any check payment exceeding $2,500. All sales are final. No returns, refunds, or chargebacks will be permitted.
By placing a bid, Bidder enters into a legally binding contract to purchase the item and agrees to remit full payment, regardless of error, misunderstanding, or failure to inspect. Failure to make payment constitutes default. Defaulting Buyers shall be responsible for any deficiency, resale costs, collection fees, attorney’s fees, and any damages incurred by Auctioneer or Seller. Auctioneer reserves the right to pursue all legal remedies necessary to enforce payment, including resale of items and recovery of any deficiency.
SALES TAX
Applicable sales tax (currently 8.25%) will be applied to the total invoice, including Buyer’s Premium, unless a valid exemption certificate is provided in compliance with the Texas Comptroller requirements.
ITEM CONDITION / NO WARRANTIES
All items are sold AS-IS, WHERE-IS, WITH ALL FAULTS. No warranties or guarantees of any kind are expressed or implied. Descriptions are believed to be accurate but are not guaranteed. Bidder acknowledges they have had the opportunity to inspect items and relies solely on their own inspection and judgment. All sales are final with no adjustments, refunds, or credits.
LOADOUT / ITEM REMOVAL
For consignment auctions held at 425 Marino Road, Bryan, Texas, loadout will occur:
-Immediately following on the day of the auction, and
-The following day (Saturday) from 8:00 AM to 12:00Pm
-Mon-Fri of the week after the auction date during normal business hours.
All items must be removed within one (1) week of the auction date, or no later than the following Friday of the auction date, unless prior written arrangements are made with Auctioneer.
Items not removed within this timeframe will incur a storage fee of $20 per item, per day. Items not removed within ten (10) days, without written approval, shall be deemed abandoned and may be resold, disposed of, or otherwise handled at Auctioneer’s discretion without notice or compensation to Buyer.
Invoice must be paid in full prior to removal of any items.
LOADING / SHIPPING
Buyer is solely responsible for all loading, removal, and shipping logistics and costs.
Auctioneer may provide limited assistance as a courtesy; however, such assistance is performed at Buyer’s sole risk. Auctioneer assumes no liability for damage, injury, or loss resulting from loading, handling, or transport.
No shipping services are provided by Auctioneer.
TITLES
Titles will be mailed approximately 10 business days after full settlement. Items designated as “No Title” or “Bill of Sale Only” will not receive a title.
ONLINE BIDDING
Capstone Auction Partners provides online bidding as a service to Bidders and Sellers. In the event of a system failure, interruption, or communication error, Auctioneer reserves the right to pause, restart, extend, cancel, or relist any auction or item at its sole discretion. Under no circumstances shall Bidder or Seller have any claim against Auctioneer arising from internet bidding issues or platform failures.
AUCTION SITE SAFETY
All persons attending the auction do so at their own risk. Auction sites may be hazardous due to moving equipment and other conditions. Auctioneer and Seller are not responsible for any injury or damage.
AGENCY
Auctioneer is acting as agent for the Seller. Auctioneer may place bids on behalf of the Seller or absentee bidders at its discretion. Capstone Auction Partners, LLC, is a full service auction company specializing in selling real estate, estates, business liquidations, and all types of equipment. Please contact one of our Auctioneers at 903-922-3175 to discuss your auction needs.
RISK OF LOSS / LIABILITY / GOVERNING LAW
All items are sold AS-IS, WHERE-IS, and Buyer assumes all responsibility for items immediately upon the Auctioneer’s declaration of “Sold.”
From that moment forward, Buyer is solely responsible for securing, insuring, and removing all purchased items. Auctioneer does not provide insurance coverage for any items and strongly recommends that Buyer obtain appropriate insurance coverage as needed. Auctioneer shall not be liable for any loss, damage, or theft of items at any time, including while items remain on Auctioneer’s premises following the sale.
These Terms & Conditions shall be governed by the laws of the State of Texas. Venue for any dispute shall be in the county where the auction is conducted.