Conditions of Sale
Terms and Conditions of Sale
Auctioneer, Bidder and Buyer agree to be bound by these terms for this auction:
1. These terms control this auction in all regards and supersede all previous announcements, advertisements and published information, however distributed, except for any announcement made by the Auctioneer for this auction, which will take precedent and be controlling in all instances.
2. Auctioneer has been hired by Seller to act as Seller's agent in conducting the auction and Auctioneer is not serving as an agent for Bidder or Buyer.
3. Bidder must register with Auctioneer before bidding. Proper identification will be required. Auctioneer and Auction Staff may bid and buy. Auctioneer may, on behalf of the seller, bid on items with reserve (up to the reserve amount).
4. Auctioneer reserves the right to refuse to register any prospective bidder for any reason.
5. Catalogs and brochures are guides only based on information from sources believed to be reliable, but their accuracy cannot be guaranteed or warranted. Auctioneer will not be liable for errors or omissions.
6. Auctioneer reserves the right to withdraw any lot, or portion of a lot, from the auction, or to cancel the entire auction without notice or liability to Auctioneer or Seller.
7. ALL SALES ARE FINAL WITH NO REFUNDS FOR ANY REASON.
8. The highest bidder for a lot will be the Buyer, subject to the satisfaction of any reserve amount for that lot. If a bidder becomes the Buyer for a lot, an enforceable contract of sale is immediately formed and no further writing of any kind will be required from him to satisfy any decision, principle, rule, statue, of other requirement in law of equity which the parties specifically waive and disclaim.
9. Ownership, possession, and the risk or loss from any cause pass immediately to Buyer.
10. This agreement will be construed and governed in accordance with the laws of the State of North Carolina and that the exclusive venue for any controversy or claim between them will the in the Forsyth County Hall of Justice, Winston-Salem, North Carolina.
11. Bidder agrees that any controversy or claim arising out of this auction or any related dealings with Auctioneer or Seller, must be resolved by final and binding arbitration, with no appeal permitted except as provided by statue and conducted in accordance with the Uniform Commercial Code. The parties voluntarily waive their rights to seek traditional remedies in any court, including a trial by jury. The prevailing party will be entitled to collect from the other its costs associated with the arbitration, including reasonable attorney fees. Notwithstanding this requirement for binding arbitration, the parties agree Auctioneer and Seller retain their right to pursue a traditional lawsuit against any Buyer for the collection of any payment due them by the Buyer for any purchase at the auction and it is agreed that in the event the defaulting bidder will be responsible for all of the Auctioneer's and/or the Seller's costs of collection.
12. Auctioneer will have no responsibility for any loss or damage resulting from shipping or local pickup operations for any item.
13. Registering to bid indicates full understanding and acceptance of these terms, along with the agreement to be so bound.
Invoicing and Payment
You can register on-line as a Buyer for our on-line timed auctions and bid using the on-line facilities. If so, you will be required to submit a valid credit card account and will receive an on-line invoice for your winning bids after the close of the auction. The system will use your credit card to pay the invoice by 4 days after the close of the auction. Full payment must be made by the date/time listed on your invoice.
Alternatively, you can contact the Auctioneer and communicate your bids to him, thus by-passing the on-line bidding. The Auctioneer will then bid for you using his House account. He will then advise you of any winning bids and will prepare an invoice for you. You may pay the invoice with cash, local check or credit card. Payment must be made when you pick up items or before items are shipped.
Invoices will show the total bid amount of all lots won plus a 10% premium, Forsyth County NC tax if appropriate and any added shipping and insurance charges.
If payment is not made by the payment deadline, the items will be resold and your bidding privileges will be revoked
Pickup and Shipping
If you, the Buyer, win a bid for lot(s), you are responsible for picking up your items or making shipping arrangements.
Pickup will be available Monday thru Saturday 11:00 AM -5:00 PM at our auction facility, 3561 Clemmons Road in Clemmons, NC 27012. You must pick up your items within a week after the bidding is closed for any auction. If you don't pick up your items within this time or have made other arrangements with the auctioneer, items will be considered to be abandoned and will be resold or donated with no rebate provided.
If you wish to have your items shipped, you must e-mail [email protected]. A $5.00 handling charge will be added for handling the shipment. Buyer will be responsible for paying all packing, shipping and any insurance charges. These charges will be added to your auction invoice. Only items eligible for the smaller package shippers such as USPS Priority, Flat Rate, UPS, and FedEx can be shipped by us. No large items such as furniture, etc.
You, on the other hand, can make and pay for your own shipping arrangements.
Auctioneer will have no responsibility for any loss or damage resulting from shipping or local pickup operations for any item.
A 10% premium will be added to the total of the buyer's winning bids.
If the buyer is not tax exempt, taxes will be added to the total of the winning bids and the 10% premium. Forsyth County & North Carolina tax rates will be used.
Each lot will be sold AS IS, WHERE IS with all defects and faults known and unknown, and no warranties or guarantees of any kind will be given by seller or Auctioneer, including no warranty of fitness, merchantability, or suitability.
In the item description, we have tried to describe each lot as accurately as possible. Not every flaw is described. Expect normal signs of wear for used items. We do not guarantee the working order of electronic or mechanical devices. Dimensions may be approximate. All questions about items must be asked before bidding. After shipped, problems must be reported within 2 days.
All title work will be provided by prospective sellers. Auctioneer or Auction firm accepts no responsibility whatsoever regarding titles.