Auction Terms & Conditions
Terms and Conditions of the Sale:
All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") subject to the following Terms and Conditions of Sale, which, combined with each Auction's specific terms as posted in materials and on the web, make up the Complete Terms and Conditions of Sale.
Notice given Lark Mountain Marketplace LLC & Lark Mountain Auction Company and Auctioneer have the right in accordance with Pennsylvania State law to bid on this and any other auction for their purpose or on behalf of the Property owners or the estate.
All items are being sold As-Is with no warranty. Auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Client will assume responsibility for Buyer's bidding errors. It is Buyers' full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions, and ask questions if you are unclear. Auctioneer shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly.
Binding Contract
Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by the laws of the County of Luzerne, State of Pennsylvania and any action brought by either party shall be brought in the Courts of the State of Pennsylvania. In the event, that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of Pennsylvania govern the parties agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place within the county of Luzerne, State of Pennsylvania.
ALL SALES ARE FINAL. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.
Absence of Warranties. The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by Auctioneer is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer's behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer "AS IS", "WHERE IS" and "WITH ALL FAULTS". AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
Bidder's Number. The bidder's number is nontransferable. All bids made using the bid number will be the responsibility of the Buyer.
Failure to Remove Purchases. In the event items are not removed within three (3) business days after the auction(s) end OR freight/large items shipping information has not been received within five (5) business days after the full payment of the item(s), the items purchased shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. Auctioneer shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer's obligations hereunder.
Buyer's Premium
Buyer's premium is 18%.
Buyer's Premium
18%
Payment
All major Credit Cards, PaylPal. Lark Mountain Auction Company reserves the right to require Wire Transfers or otherwise "Certified Funds" for any purchase in excess of $300.
Payment is required within 3 days. Lark Mountain Auction Company reserves the right to automatically charge outstanding invoices to the credit card on file, commencing on the 4th day.
NONPAYMENT
Any declined credit card payment will have two (2) business days to contact the office (570-824-6294) and pay with a valid credit card. If payment has not be successfully received with two (2) business days, you will no longer be authorized to bid at Lark Mountain Auction and negative bidding status placed with AuctionZip.
Sales Tax
PA buyers subject to 6% sales tax.
Shipping Terms
Buyer to pay all shipping charges. In-house shipping will be added to the total cost of the item(s) (hammer price + buyer's premium + sales tax (if applicable). Please allow up to seven days to invoice.
Non-Payment of Shipping
If the buyer refuses or does not wish to pay for shipping or will not pick up the winning items, Lark Mountain Auction will not refund the purchase for any reason. The buyer can then become a consignor and consign the item(s) with Lark Mountain Auction. A contract will be sent via email for the buyer to review and sign. The contract must be scanned and emailed back to us or mailed. The buyer has five (5) days to return the signed contract. When the contract is received, Lark Mountain Auction will lot the item in an auction. If the contract is NOT received within five (5) days, the items will be deemed abandoned and become the sole property of Lark Mountain Auction.
