All merchandise will be available for pick up Friday, October 28th from 4PM to 6PM and Saturday, October 29th from 10AM to 1PM at 469 Cameron Drive Vinton, VA 24179. All merchandise must be picked up those days unless other arrangements have been made with a five day maximum. Please bring help and any equipment that you will need to pick up your items.
Online Auction Terms and Conditions
JAMES A WELLS Jr. AUCTIONEERING Inc.
DBA Roanoke Auction House
1304 Washington Ave
Vinton Va. 24179
License #3505 Firm License #0966
$5 Up to $10.00 Bidding is in $2.00 increments.
Up to $25.00 Bidding is in $3.00 increments.
Up to $50.00 Bidding is in $5.00 increments.
Up to $100.00 Bidding is in $10.00 increments.
Up to $500.00 Bidding is in $10.00 increments.
Up to $1,000.00 Bidding is in $25.00 increments.
TERMS: Cash, Good Check, Visa, or MasterCard. A Buyers Premium" of 10% will be added to all purchases. A 4% processing fee will be added for all credit card payments. All items are sold "AS IS". Auctioneer is not responsible for items that do not show. Announcement made the day of the sale take precedence over all advertisements and written material. All information is deemed reliable, but no guarantee made as to size, type, condition, or authenticity by sellers or auctioneers. $35.00 charge for returned checks.
James Wells Auctions staff will host a preview for prospective buyers to come and see the items. After the auction ends, the buyers will come to the property and retrieve their items. Any items not picked up within 5 days after the end of the auction may remain on the property, be donated, or removed by James Wells Auctioneering unless prior arrangements have been made.
Additional Online Auction Bidder Terms and Conditions.
Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.
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. 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 register on the site. Non-Internet bids (including but not limited to in-person, facsimile, phone bids) are treated similarly to floor bids in that they must bid in $5 increments. Any in-person, facsimile, phone, or mail bids that do not conform to a full increment will be rounded up or down to the nearest full increment and this revised amount will be considered Bidders high bid.
3. Invoices will be emailed to successful bidders within 1 business day of the close of the auction. Full payment of the purchase price is due at the end of the auction. An e-mail notification will be sent to the successful high bidder. Applicable taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located.
4. Online Auction Fee: Auctioneer shall charge and collect from each successful bidder a 10% buyers premium in addition to the final high bid amount.
5. Merchandise return/refunds: All items bid on and awarded to you as high bidder are your property upon the final payment of your invoice.
6. You will be suspended or permanently banned from the Site if you provide 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.
7. Settlement for payment for purchases must be made by cash, good check or credit card unless otherwise noted in a specific auction's terms and conditions. Buyer shall be responsible for making arrangements for merchandise removal.
8. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Those descriptions, nor any oral statements made by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either express or implied.
9. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. 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/lots 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. Bidders failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller
10. The Site User Agreement constitutes the final expression of the parties agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales.
11. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. The Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
12. Buyer will be furnished an electronic receipt at the conclusion of the sale.
13. Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. Owner/Seller and Auctioneer agree that merchandise may remain on the sale premises for a period of time following the sale. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis, on the specific auction page. If merchandise is not removed within five days after the final removal date, the ownership of the merchandise will revert back to the Auctioneer and they may dispose of or resale the item/lot at their discretion.
14. SHIPPING: Delivery; Shipping; and Handling Charges:
Bidder is liable for shipping and handling. James Wells Auctioneering is able to combine purchases from each into one package for shipping purposes, up to 25 pounds per shipment. Lots won will be shipped in a commercially reasonable time after payment is made for the merchandise and the shipping fees are received, except when third-party shipment occurs. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
15. No adjustment will be made with regard to merchandise inventory after item/lot has been removed from the premises or after the removal date posted by Auctioneer, whether or not the property has been removed. Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
16. The final highest bidder shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final. Bid increments: Bidding generally opens at five dollars or half the low estimate if provided in advance.
17. 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 Buyers, 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 or as a result of a dispute with another Bidder.
18. Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.
19. 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 Auctioneers sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, the 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 Bidders access to, or use of, part or the entire Site without notice or penalty.
20. 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.
21. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell this information.
22. 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.
23. 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. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion. James Wells Auctioneering 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.
24. 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.
25. 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.
26. 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. Auctioneers 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.
James Wells Jr Auctioneering
James Wells Auctioneering Inc. ID# 3505, 0966
1304 Washington Ave.
Vinton, VA 24179