LIVE AND ONLINE AUCTION
Auto Auction-Dealers Trades, Repos & Others
OPEN TO THE PUBLIC
Bidding Starts : Saturday, DECEMBER 17th Beginning @ 10:00 am EST
Inspection Date: Friday, DECEMBER 14th Hours 12
am - 4 pm or arrange by appointment
call (434) 221-1403
Auction Closing Date: Saturday, DECEMBER 17th LIVE & ONSITE BIDDING STARTS @ 10 A.M. AND ENDS
APPROX. @ 5:00 PM EST Time
Payment must be made within 48 hours after your winning bid.
There is a $99 processing fee, $99 Internet Fee, and Buyers Premium Fee/s are on a sliding
scale LISTED BELOW FOR INDIVIDUALS.
DEALERS (Call (434) 221-1403) for information. FEES ARE RECORDED IN THE
"OTHER" COLUMN OF THE INVOICE. ALL BIDS ARE SUBJECT TO APPROVAL.
Some vehicles may be removed prior to Auction.
Pickup Removal Date: Pickup within 2 days after the auction
ends. Arrangements can be made between the buyer and the auction company only
after purchase of merchandise has been made in full and the payment has
Terms and Conditions of Sale
These are the Terms and Conditions of Sale for this auction.
They consist of this introduction and twenty-nine numbered paragraphs that
outline the relationship between you ("the bidder") and Rollen
Charlies Auto Mart.
Throughout these Terms and Conditions, the terms
"auctioneer," "we," "us," and "our"
will refer to the Auctioneer, and the terms "you" and
"your" will refer to the bidder.
If you want to bid in this online auction, you will first
have to certify that you have read, understood, and agreed to these Terms and
Conditions. Such certification will function as our legal and binding
electronic signature. If you choose to make this certification, the Terms and
Conditions will become binding both on you and on the Auctioneer, and all
parties will be expected to abide by the Terms and Conditions if any issues
arise in connection with this sale.
Please read these Terms and Conditions carefully! They
contain important information about the online auction itself and your rights
and responsibilities as a bidder.
1. Registration: To gain access to the Auctioneer's bidding
system, you will need to register and obtain a bidder number. You must be
eighteen years old or older to register. You agree that all information that
you provide during the registration process will be true and accurate. You will
be banned from participation in the Auctioneer's auctions indefinitely should
you provide any false information during the registration process.
2. Some vehicles are subject to removal prior to sale.
3. Terms of Payment: In order for the Auctioneer to process
your winning bid, we must have a working credit card associated with your
account. If you decide not to make any bids during this auction, or if none of
your bids are successful, the Auctioneer will not take any money from your
account. Will accept Cash, Certified Funds, Credit Card (credit card payment
has an additional 5% convenience fee).
You will need your printed invoice to pick up your purchases.
4. Bidder's Duty to Update Information: Whether you are a
new or returning bidder, you agree that if any of the information associated
with your bidder number - including contact information and credit card
information - changes at any time prior to, during, or after this sale, you
will notify the Auctioneer of the change by updating your bidder profile.
5. Conduct of Sale: All deposits, bids, and credits in the
sale will be made in United States Dollars. You agree not to use any hardware,
software, program, or system that would interfere with the orderly conduct of
this sale. You further agree not to copy, reproduce, or publicly display any
content from the Auctioneer's website without first obtaining written
permission from the Auctioneer.
6. Bidder's Duty to Inspect and Investigate: You acknowledge
that the Auctioneer is providing you with the opportunity to inspect the items
being offered for sale in this auction. The Auctioneer strongly encourages you
to attend the scheduled inspection for this auction, which will take place on
[WEDNESDAY, DECEMBER 17TH , BETWEEN 12 PM - 5 PM EST OR BY APPOINTMENT].
If you choose not to attend the scheduled inspection and are in doubt about the
condition, completeness or suitability of a given item, please bid accordingly.
1. Photographs and Descriptions: The Auctioneer regularly
posts item descriptions and photographs to aid bidders in the bidding process,
and we make every effort to ensure that the descriptions and photographs that
we post accurately represent the items being offered for sale. In some
photographs, multiple items may appear to be joined as a single unit, however
you should not assume that a lot consists of more than one item simply because
various items appear connected or are featured in the same photograph. Also
understand that, on occasion, the wrong photograph may be displayed for a given
time. At all times, you are bidding on items as they are described on this
website, not as they appear in any photograph.
2.Choose Wisely: We want everyone to get a good deal and
most will. However, when you bid on the wrong items or decide an item is not
suited for your intended use, our clients will not assume the cost of your
mistakes. You agree that your failure to inspect or otherwise become fully
informed about the items offered for sale in this auction will not be grounds
neither for a refusal to pay amounts due to the auctioneer nor for any claim
7. Warranty and Conditions of Items Sold: All lots and items
are sold "As Is , Where Is" with all faults, and with no express or
implied warranties. No action taken by the auctioneer or its agents is intended
to create an expressed or implied warranty as to any lot or term in this sale.
The auctioneer specifically disclaims any expressed or implied warranted
including, but not limited to, any warranty of merchant ability, fitness for a
particular use, conformity with environmental laws or requirements,
non-infringement, accuracy, title or any other statutory or comment law warranty.
It is believed that all descriptions are accurate but descriptions are not
8. When You Have Been Outbid: If you are outbid during the
course of this auction, you will be notified by email and/or text message. You
can review your bids at any time using the Auctioneer's "review bids"
feature; items on which you have been outbid will be clearly marked.
9. Reporting Bidding Errors: You should carefully review
every bid you choose to make before submitting that bid. The Auctioneer will
not automatically assume that any bid -even a bid that increases our own, lower
bid - was made in error. Many bidders routinely increase their own bids to
price an item out of the reach of other bidders. If you mistakenly increase
your own bid at any time during the auction, or make some other bidding error
(e.g. placing your bidder number in the price field), you must immediately
contact the Auctioneer by email at email@example.com. Reports of bidding
errors must be made via e-mail; phone reports will not be accommodated.
10. Timeliness of Bidding Error Reports: If you make a
bidding error during this auction you must identify and report the error before
the auction beings to close. The Auctioneer will not undo bidding errors
reported after the auction has begun to close.
11. Bidder's Duty to Report Fraud: You are responsible for
all bids made from your account. If you believe that an unauthorized person has
gained access to your account, you must notify the Auctioneer immediately by
sending an email to firstname.lastname@example.org. You must also report the incident
to the relevant law enforcement authorities and send the Auctioneer a copy of
any resulting police report. You understand and agree that if you do not
promptly report any suspected fraud to the Auctioneer and to the relevant law
enforcement authorities, you will be held personally responsible for all
purchases made using our account and bidder number.
12. Changes in Circumstance: All aspects of this auction are
subject to change without notice. The Auctioneer reserves the right to - at any
time -(1) add or remove items from the auction (2) split or combine lots, (3)
add minimum bids or reserve prices, (4) cancel, suspend, extend, or reschedule
the sale of an individual item, lot, auction, and/or auction event. (5) make
changes to the auction's closing, inspection, or removal times, or (6) take any
other action the Auctioneer deems necessary to effect the fair conduct of this
sale or protection of buyers', sellers', or other parties' interest.
13. Closing: The Auctioneer's online auctions are designed
to mimic traditional "live" auctions. For this reason this auction
will have a staggered, dynamic closing.
Staggered Closing: This online auction will automatically begin to close at a rate of five items per
minute, every minute. Items' closing times
may be extended past their scheduled closing time however, as a result of the Auctioneer's dynamic
Dynamic Closing: The closing time of an item is automatically extended an additional
four minutes whenever a bid is placed within the four minutes leading up to an
item's scheduled closing time.
14. Winning Bid: If you place a bid in this sale, and our
bid is determined to be the winning bid, you become obligated to pay for the
item that you have won at the price you gave as your bid.
Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by
e-mail to let you know which items you have won. This email notification will be
the only contact you receive from the Auctioneer about your winning bids; this
means that you are responsible for checking your mail following the close of
the auction to determine what items you have one. If you do not receive an email identifying you as a winning
bidder, it is because the Auctioneer has no record of your having placed a
Inquires: If you believe that you placed a winning bid, but do not receive an email, you must notify the
Auctioneer by sending an email to email@example.com explaining your
situation by 10:00 AM the following day after the auction closes. You agree
that the Auctioneer will be the sole authority regarding the identification of
15. Payment: At the conclusion of this auction, payment is
to be made within 48 hours for the full price of your purchases. Payment must
include your winning bid price plus a $99 Processing Fee, Internet Fee of
$99.00 and the Buyers Premium Fee is on a sliding scale. FEES ARE RECORDED IN THE "OTHER"
COLUMN OF THE INVOICE.
It is imperative that you provide the Auctioneer with a
credit card that can bear the weight of all of your purchases at the moment the
auction closes. You can update your credit card information at any time by
clicking the "my account" tab and choosing "update credit
Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable
to charge your credit card for the entire amount of our purchases; the
Auctioneer will suspend your inline bidding privileges indefinitely. The
Auctioneer will only reinstate suspended accounts if the suspended bidder hands
over a $1,000 deposit to be held in escrow for a period of one year.
Charge back's Prohibited: You agree that you will accept all charge placed on
the credit card associated with your account, and you agree that you will not
charge back any amount that the Auctioneer charges to your credit card. You
agree that this provision applies equally to amounts charged in connection with
any items you have won and and any costs or fees discussed in paragraphs 18-20
of these Terms and Conditions.
Sales Are Final!
TERMS & CONDITIONS:
PROCESSING FEE OF $99.00 FOR PUBLIC BUYERS IS
THE FINAL WINNING BID. THIS FEE IS
NOT A BUYERS FEE.
A BUYERS PREMIUM BASED ON A SLIDING SCALE.
BE VIEWED IN TERMS AND CONDITIONS.
AN INTERNET FEE OF $99 ADDED TO THE FINAL WINNING
BUYERS PREMIUM AND PROCESSING FEE AND INTERNET FEE
RECORDED UNDER "OTHER" ON THE BUYERS INVOICE.
WILL BE DELIVERED WITHIN THE VIRGINIA REQUIRED
PERIOD. DO NOT SPEND ANY MONEY ON
TITLE IN YOUR HAND.
MUST BE RECEIVED WITHIN 2 DAYS OF DATE OF
BID. IF LATE THERE WILL BE A 10% PENALTY
MADE BY CREDIT CARD WILL HAVE A 5%
VEHICLES MAY BE REMOVED PRIOR TO AUCTION.
WARRANTY: ALL SALES ARE FINAL, SOLD
"AS IS, WHERE IS"
WARRANTY IMPLIED OR EXPRESSED.
16. Internet/Buyer's Premium: Internet Fee is $99.00.
Processing Fee is $99.00. Buyers Premium
is added to every purchase based on a sliding scale. Public Buyers please see
scale below. Dealers, call (434)221-1403
or email firstname.lastname@example.org. FEES
ARE RECORDED IN THE "OTHER" COLUMN OF THE INVOICE.
PUBLIC BUYERS FEES
17. Sales Tax: Sales tax is N/A.
18. Default and Resale: You agree that if, after being
declared the winning bidder, you fail to pay for any item that you have won for
any reason, your account will be declared in default. If you still refuse to
pay for any item after being notified of our account's being in default, you
agree that the Auctioneer will have the right to immediately resell your item,
and you further agree to pay (1) any cost associated with the resale and (2)
any deficiency between your original purchase price and the resale price.
19. Picking Up Your Items: You are solely responsible for
the sale and timely pick-up and removal of any items you may win at this
auction. The Auctioneer does not ship, nor does the Auctioneer hold items
beyond the published removal times. The Auctioneer will not issue you a refund
if you're unable to pick up and safely remove your items during the published
Bidder's Duty to Remove Items Safely: Again, you are solely responsible for the
safe pick-up, removal, and transportation of your items. You agree that the
pick-up, removal, and transportation of your items will be solely at your
expense and at your risk. You further agree that
you will be responsible for any damage that you or any of your agents cause
during any preview or removal period, and also agree that the credit card
associated with you online account will be charged for any expenses incurred
and/or repairs necessary as a result of any damage
that you cause.
Release upon Presentation of Receipt: You understand and agree and the
Auctioneer will release your items only after you or your agent presents a
sales receipt generated by the Auctioneer stating that your account is paid in
full. You further understand and agree that it is your duty to ensure that any
agent picking up items on your behalf has a copy of your paid sales receipt to
present at the pick-up location.You explicitly authorize the Auctioneer to
release your items to any person in possession of your paid sales receipt. No
item will be releases to any person
unless that person presents a paid sales receipt listing the item in question.
Abandonment: You understand and agree that any item that you do not pick-up
during the published removal times will be considered abandoned. You understand
and agree that you will be charged a reasonable fee for the storage, removal,
and/or disposal of any item that is considered abandoned.
20. Disposal of Unclaimed Items: In the event you refuse to
pay for or abandon any item that you win at auction, the Auctioneer will have
the option of reselling, removing, storing, or disposing of the unpaid-for or
abandoned item. You understand and agree that you will be personally
responsible for all deficiencies - and all legal-, collection-,
transportation-, and storage expenses - associated with your delinquent account
and/or abandoned items. In the event of resale, you agree to pay any cost
associated with the resale as well as any deficiency between your original
purchase price and the resale price.
21. Non-Delivery: In the unusual event that an item has been
totally miss described or is unavailable for pickup during the published
removal times, you must immediately notify the Auctioneer's on-site staff of
the problem and file a claim for non-delivery within twenty-four hours. You
understand and agree that if you fail to make a claim for non-delivery within
twenty-four hours of your discovering the problem; your claim for non-delivery
will not be honored. Claims for non-delivery may be filed by replying to the
e-mail that informed you of your winning binds. Your claim must fully describe
the nature of the problem that you have identified.
22. Claims and Choice of Venue: Any claim or controversy out
of or relating to these Terms and Conditions, or to any breach thereof, will be
settled either (1) in Campbell County, Virginia's Small Claims Court, if the
claim in question amounts to less than $5,000, or (2) by means of arbitration
in accordance with the Commercial Arbitration Rules of the American Arbitration
Association, if the claim in question amounts to more than $5,000. In the event
of arbitration, judgments upon the award rendered by the arbitrator may be
entered by any court having jurisdiction. You agree that all claims will be
litigated or arbitrated on an individual basis, and will not be consolidated
with any claim made by another party. Venue in every case will be Campbell
County, Virginia. You agree that any judgments awarded may be applied to and
collected from you personally or corporately. Should any party file an action
contrary to this paragraph, the counter party may recover reasonable legal fees
and costs. Further, if you bring a claim against the Auctioneer and do not
prevail, you agree that you will reimburse the Auctioneer for all reasonable
legal fees and costs.
23. Interim or Preliminary Relief: Notwithstanding the
contents of Paragraph 22 of these Terms and Conditions, you agree that the
Auctioneer may seek interim or preliminary relief in a court having
jurisdiction in order to protect any rights or property that the Auctioneer may
have pending arbitration or litigation.
24. Liability: In all cases, the Auctioneer's liability, and
the liability of the seller of the items in this auction, will be limited to
the refund of your purchase price. The Auctioneer will not be liable for any
amount in connection with the postponement or cancellation of this auction, or
the withdrawal of any item or lot from this auction. In no event will the
Auctioneer be liable for lost profits or any special, incidental, or
consequential damages arising out of or in connection with
this auction or any related sale or transaction.
Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken
by any seller, bidder, or other third party before, during, or after this
Liability for Site Malfunction: You understand that this auction is
online-only, and so relies on devices and programs that may malfunction without warning. You agree
that the Auctioneer will not be liable
for any error or inconvenience that may be the result of such a malfunction.
You further understand and agree that the Auctioneer may void or suspend any
sale, or resell any item, if the Auctioneer determines a transaction to have
been affected by any site malfunction.
25. Indemnification: You agree to indemnify, defend, and
hold harmless the Auctioneer and its employees, officers, owners, affiliates,
agents, and representatives from and against any claims, losses, damages,
liabilities, judgments, fees, costs, and expenses, including reasonable legal
fees and costs, related to, arising from, or associated with you, your agents
or representatives - including, but not limited to, personal injury or property
damage caused at any sales site or during removal or transportation of items
won at auction, any dispute with another bidder, or any violation of these
Terms and Condition's.
26. Limitations: These Terms and Conditions do not - nor are
they intended to - create any agency-, partnership-, joint venture-, employer-employee-,
or Francisca-franchisee relationship. These Terms and Conditions cannot be
altered except in writing by the Auctioneer.
27. Desirability: If any term, provision, paragraph,
condition, or other portion of this agreement - or the application of these to
any person, place, or circumstance - is held to be invalid, unenforceable, or
void, the remainder of this agreement and such term, provision, covenant or
condition as applied to other persons, places and circumstances will remain in
full force and effect.
28. Governing Law: These Terms and Conditions will be
governed by and construed under the laws of the Commonwealth of Virginia.
29. Entire Agreement: These Terms and Conditions contain our
entire agreement and supersede any prior oral or written agreements relating to
the same subject matter.
Rollen Charlies Auto Mart/Auto Auction (VA Dealer #: 24293)
85 Alum Springs Road, Lynchburg, VA 24502
Office Phone # (434) 221-1403
Fax # (434) 219-0526
Payment Terms & Conditions
Payment: At the conclusion of this auction, payment is to be
made within 48 hours for the full price of your purchases. Payment must include
your winning bid plus buyers fee is on a sliding scale, a $99 processing fee, and
an internet fee of $99.00 per item.
*FEES ARE RECORDED IN THE "OTHER" COLUMN OF THE
*PAYMENT MADE BY CREDIT CARD WILL HAVE A 5% CONVENIENCE FEE.
*PAYMENT/S MADE LATE ARE SUBJECT TO A 10% LATE FEE.
*ITEMS NOT REMOVED WITHIN THE AGREED TIME FRAME ARE SUBJECT
TO ADDITIONAL COST FOR REMOVAL AT BUYERS EXPENSE SUCH AS STORAGE, TOWING,
AND/OR DISPOSAL, ETC.
Shipping Terms: The buyers responsibility.