Special Terms
1). All articles are sold "AS IS, WHERE IS" and with no warranties or guarantees of any type either expressed or implied made by Seller nor its agent. Any warranties made by the Seller/Owner must be in writing on an instrument separate from the Purchase Invoice & Bill of Sale and signed by both the Bidder/Buyer and Seller/Owner. In no event shall VanDerbrink Auctions, LLC, the auctioneer or any employee, agent or associate of VanDerBrink Auctions, LLC be responsible or liable for any such warranties, guarantees or the genuineness or description of any article offered for sale. AS IS MEANS AS IS AND NO EXCEPTIONS. IF YOU DO NOT UNDERSTAND THIS, DON'T BID. YOU NEED TO DO YOUR HOMEWORK AND INVESTIGATE THE LOTS AND PICTURES. When available, we try and update pictures of items. BUT You are responsible for bidding, buying, and all purchases. NO EXCEPTIONS. We prefere that you come in person and inspect, BUT it is up to the Bidder to do their homework and ask, questions, call, ask for more pictures, or choose not to bid or bid. BUT in the end YOU ARE RESPONSIBLE FOR THIS DECISION AND ALL PURCHASES- NO EXCEPTIONS. YOU ARE BIDDING AGAINST LIVE BIDDERS ON-SITE AND ALL SALES ARE ABSOLUTE UNLESS OTHERWISE NOTED. THE AUCTIONEER'S RESERVE THE RIGHT TO REFUSE ANY OR ALL BIDS EITHER ON SITE OR ON-LINE. AUCTIONEER'S MAY ALSO REMOVE LOTS FROM ON-LINE BIDDERS AND SELL TO ONLY ON-SITE BIDDERS AT ANY GIVEN TIME.
(2). All statements printed in VanDerBrink Auctions, LLC's catalogs, ads, brochures, signs and item cards, as well as verbal statements made by the auctioneer or staff or announcements made on the date of sale, have come from the Seller/Owner, and VanDerbrink Auctions, LLC has not independently verified same. VanDerBrink Auctions, LLC assumes no responsibility or liability for representations made by any Seller/Owner and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogs, ads, brochures signs and item cards. BIDDER/BUYER ACKNOWLEDGES BY REGISTERING ONLINE THAT HE/SHE/IT WILL NOT HOLD VANDERBRINK AUCTIONS, LLC RESPONSIBLE FOR ANY REPRESENTATIONS OR STATEMENTS MADE BY ANYONE BEFORE, DURING OR AFTER THE SALE ABOUT THE ITEMS BEING SOLD.aLL BIDDER/bUYERS ARE RESPONSIBLE FOR EVALUATING THE INFORMATION PROVIDED IN THE CATALOG AND REQUESTING AND DOING FURTHER INVESTIGATING AS TO THE ACCURACY OF THE DESCRIPTIONS. IT IS A BUYER/BIDDER'S RESPONSIBILITY TO DETERMINE IF THE ITEM/S SUIT THEIR NEEDS AND BY BIDDING YOU AGREE TO ALL AUCTION TERMS AND TERMS OF SALE AND HAVE MADE YOUR DETERMINATION THAT THIS ITEM IS ACCEPTABLE AND THEREFORE ARE BOUND BY YOUR BID AND A CONTRACT IS FORMED BETWEEN THE BUYER AND THE SELLER. VANDERBRINK AUCTIONS, LLC IS MERELY AN BROKER TO THE TRANSACTION. ALL ITEMS ARE NOT OWNED BY VANDERBRINK AUCTIONS. LLC AND ARE PROPERTY OF OUR SELLER'S. ONCE AWARD OF HIGH BID, OWNERSHIP TRANSFERS AND THE BIDDER BUYER IS FULLY RESPONSIBLE FOR THE ITEM/S. ALL SALES ARE FINAL. NO EXCEPTIONS.
All payments must be made immediately. MOney Wire preferred for vehicles and amounts over $5000.00. WE will contact you with Wire information and must be wired at soonest Business Bank Day. MasterCard, VIsa, Discover are accepted for payment with additional 4% charge to Buyer's Premium stated in the auction. WE will contact you by email, phone or both on payment. Smaller Amounts will be charged to card immediately. Please have valid card on file. Online registration shall constitute written permission for VanDerBrink Auctions. LLC to obtain a credit report on Bidder/Buyer. No article can be removed from the premises before making settlement.
(4). Unless agreed otherwise in writing by Bidder/Buyer and the Seller with and or VanDerBrink Auctions, LLC all articles shall be removed from the sale area by the Bidder/Buyer at Bidder/Buyer’s expense within 10 days of the sale, and if not so forfeited and moneys kept. VanDerBrink Auctions, LLC has no liability for loss or damage to items left at any place of auction and that Bidder/Buyer shall maintain insurance to cover any items purchased at the sale.
(5). If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Bidder/Buyer, in addition to other remedies available by law to VanDerbrink Auctions, LLc and/or the Seller/Owner (including the right to hold the purchaser liable for the bid price), VanDerBrink Auctions, LLC and/or the Seller/Owner, at its option, may do either of the following: (a) Cancel the sale and retain as liquidated damages all payments made by Bidder/Buyer, or (b) resell the article on 5 days written notice to the Bidder/Buyer at a private or public sale.
(6). All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced, or otherwise published are incorporated herein by reference.
(7). If any payment is dishonored for any reason, including but not limited to, insufficient funds, stop payment or the like, Bidder/Buyer agrees, whether such payment is signed by Bidder/Buyer as maker or endorser, that if such payment is placed in the hands of an attorney for collection, to pay all reasonable attorney’s fees incurred, together with all court costs and associated expenses in the event suit is instituted.
(8). Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. When an article is sold with reserve, the auctioneer may bid on the Seller/Owner’s behalf in an amount not to exceed the reserve price.
(10). Bidder/Buyer shall pay all city and state sales, use and other taxes assessed, due to or resulting from the Bidder/Buyer’s failure to qualify as exempt from such taxes. Bidder/Buyer also agrees to pay the Buyer’s Premium and any other applicable fees. South Dakota Sales Tax will be charged if Item is picked up in South Dakota- Except for Vehicles.
(11). Bidder/Buyer agrees that its purchase of an item shall be based relying entirely upon Bidder/Buyer’s own examination thereof. Bidder/Buyer acknowledges that all sales are final and "AS IS WHERE IS" without warranty of item history, condition, title, options, specifications, fitness for a particular purpose, and or merchantability unless otherwise agreed to in writing on a separate document. Bidder/Buyer accepts full responsibility and sole liability for the items purchased as of the fall of the hammer.
(12). The auction will move quickly and VanDerBrink Auctions, LLC is not liable for missed Internet bids. There is no guarantee that the item will not sell to a live bidder for less than your last entered bid due to Internet traffic and other uncontrollable delays.
(13). Bidder/Buyer is advised to attend the auction in person to reduce the risk of missed bids, power outages, internet connectivity and other possible technology issues. Live auction bidders will receive preferential treatment for tie bids. All winning bids will be confirmed directly by VanDErBrink auctions, LLC. Notifications received through the Proxibid system.
(14). All lots sold online are subject to 8% buyer's premium. Auction Company is not responsible for technical problems or missed bidding or program errors.
(15). Shipping service will be available for a fee and is actual shipping costs and is not negotiable. paid by the Buyer.
(17). Buyer agrees to hold VanDerBrink Auctions, LLC harmless from any liability arising out of the packaging and/or shipping.
(18). ALL out-of-state buyers must provide VanDerBrink Auctions, LLC with a copy of a Federal Firearms License from a dealer within their respective state that said dealer agrees, in writing, to take shipment of their purchased firearms. Whatever fees incurred as a direct result of this process are the buyer’s sole responsibility.
(20). Federal Firearms License holders may buy and upon winning the bid will provide VanDerBrink Auctions, LLC a current, signed and dated copy of their Federal Firearms License. All License copies will be held on file for that auction.
