ONLINE AUCTION TERMS AND CONDITIONS
(MUST BE PRINTED,SIGNED AND RETURNED VIA FAX OR EMAIL PRIOR TO BIDDER APPROVAL)
Everything sold "As-Is" " Where Is", WORKING AND NON-WORKING, CONDITION UNKNOWN. No warranties. No guarantees
ITEMS ARE OPEN BOX,RETURNED, USED, AND/ OR DAMAGED.
1. BUYER'S PREMIUM: A 15% Buyer's Premium will be added to all purchases.
2. OUT-OF-COUNTRY BIDDERS: All bidders residing outside the United States must wire transfer a $7,500 deposit, 48 hours prior to auction. Once deposit is received bidder will be approved to bid online.
3. CURRENT PHONE NUMBER REQUIRED: Bidder's must provide a valid phone number, which will be verified prior to bidder approval.
4. PAYMENT TERMS: Cash, cashier's check or wire transfer, within 24 hours of close of sale. No credit cards or personal or company check will be accepted. Full payment must be made, prior to removal of purchases. In the event the purchaser fails to pay the purchase price within the time limits set forth in the catalog and/or announced by the auctioneer at the sale and/or fails to comply with any of the terms of sale, the seller may resell at public or private sale any and all of the purchaser's merchandise in the possession of auctioneers. Purchaser hereby agrees to pay any deficiency resulting from such resale together with all charges, fees and expenses in conjunction with such resale and further agrees that auctioneer may retain the auction deposit to be applied to any such deficiency.
5. SALES TAX: Sales taxes will be added to the purchase price of all taxable items. Dealers who purchase for resale must pay the sales tax or provide resale number and completed certificate (California: form boe230.pdf) NOTE: Out-of-State Buyer's are not exempt from California state sales tax unless the purchase is removed from auction site by common carrier and delivered directly to buyer's out of state address. (see #16 for more details)
6. CHECK OUT DATES: Check out will begin on Thursday February 21st and continue through Saturday February 23rd 2013.
7. CHECK OUT HOURS: 9am to 4pm on dates as noted above.
8. Items will be offered in units of piece, pound, feet or in bulk to the highest bidders.
9. Items will be sold on an as-is basis without any warranty or representation whatsoever. All sales are final. Purchaser agrees to pay all costs of removal and purchaser does hereby indemnify and hold harmless auctioneers and seller for any and all damage, claim or liability, for injuries to persons or property caused by the removal of items purchased.
10. While quantities, descriptions and capacities are believed to be correct, there are no guarantees and the auctioneers, owners and advertising media will not be held responsible for any written or verbal discrepancies or inaccuracies whatsoever.
11. The auctioneer reserves the right to group lots, make lots smaller or to add to or delete or change numerical sequence of lots at his sole discretion and reserves the right not to accept or acknowledge any bid which is merely a fractional advance over the preceding bid.
12. The auctioneers assume no responsibility for any liability once title passes.
13. In the event of a tie bid, the auctioneer has the right to reopen the bidding to determine the highest bidder. Unless otherwise announced by the auctioneer in the auction brochure or at the time of the sale, the sale is "with reserve" and, there-fore, the auctioneer may withdraw any item from the sale until he announces completion of the sale of that item by announcing "sold." Notice is hereby given that the seller has reserved the right to bid on any lot being offered for sale unless an announcement is made at the time of the sale that the right to bid by or on behalf of the seller has not been reserved.
14. The auctioneer shall in no event be liable to the purchaser for non-delivery of any lot for any reason except for the return of the deposit or monies paid on such non-delivered lots.
15. In the event that it becomes necessary for the seller or auctioneer to commence an action to enforce the terms of this agreement or to collect a check returned for non-sufficient funds or stop payment, the purchaser and/or the maker of the check agrees to pay all attorneys' fees so incurred.
16. Shipment of Items Out of State. As a condition of any sale to be shipped out of state, the auctioneer shall maintain possession and control of the property until such time as the item is delivered to a common carrier for shipment out of state. The shipment of items purchased will be made to any point out-side of this STATE as designated by the successful bidder pursuant to and as part of the contract of sale. In the event disassembly or packing or both are required with respect to any item to be shipped out of state, any costs incurred by the seller for such disassembly or packing or both shall be added to the bid price.
17. Any announcements made on the day of the auction take precedence over catalog, website or other previously announced or documented information, but do not alter in any way the basic terms and conditions of sale.
18. Any Buyer, employee or third party representative, authorized to perform work on the premises or to remove any purchases, will be required to show proof of liability insurance and Worker's Compensation coverage before the removal shall be permitted to commence
19. Buyer is solely responsible to provide all personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitations, full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of buyer or any buyer's employees, agents and/or representatives during pick-up and removal.
20. Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as provided by and local, state and federal regulations, and as directed by Auctioneer.
21. Neither Auctioneer, its agents, its employees or representatives shall be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, its agents and representatives from all liability thereof.
22. In no event will Auctioneer's liability to Buyer exceed the purchase price actually paid. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct; indirect, incidental or consequential damages.
ALL SALES ARE FINAL. Absolutely No refunds or returns.
FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN FORFEITURE OF ALL DEPOSITS OR MONIES PAID AS LIQUIDATED DAMAGES
Buyer hereby acknowledges and accepts all of the 22 terms and conditions for the Eastern Tools & Equipment auction, as outlined above. Completed form is required prior to online bidding approval. Fax to 818-592-6591 or email to BTAauctions@yahoo.com
Buyer (Print) Name ________________________________________________
Buyer Phone Number _______________________________________________
Buyer Signature ___________________________________________________