Conditions of Sale

Auction Terms & Conditions
All bid prices (hammer price means the price at which a lot is sold to the purchaser) will be subject to a Buyer's Premium payable by the purchaser of 20% of the bid price. The buyer's premium, added to your successful bid and these together equal the total purchase price. When the auction ends, the highest bidder will have purchased the offered lot. This purchase is subject to all the terms and conditions set forth herein. Please note all vehicles are sold with owner confirmation.

At the conclusion of the sale, all winning bidders shall pay by credit card through AuctionZip for the total purchase price of all items purchased during the sale. Should our office need to process credit card transactions there will be an additional 5% premium added. Bidders needing items shipped will have all shipping & handling costs added to the total purchase price and then payment can be made. For any special payment arrangements, questions, or concerns please contact our office at least 48 hours prior to the sale.

NOTICE OF END OF SALE, PAYMENT & SHIPPING- All items purchased day of sale must be removed by 5 PM, online items must be removed by Dec. 4th at noon. THERE WILL BE NO SHIPPING FOR THIS SALE.

Please bring any necessary packing items with you to pick up trucks, trailers, etc
.
Any item(s) not paid for and/or picked up within 30 days from the end of the auction shall be forfeited with no other notice or refunds given to the bidder. If you have any questions about pick up, or special requests regarding pick up please contact Frio & Stack Auction Service 48 hours prior to the end of the auction.

Bidders must be at least 21 years of age to participate or register in the auction.
Any bidders participating or registering for the auction agrees to be bound by and accept these terms and conditions. Any bidder who is not in good standing with Frio & Stack Auction Service may by disqualified or declined with such determination made by Frio & Stack Auction Service in its sole and unlimited discretion at any time prior to, during, or after the close of the auction.
Frio & Stack Auction Service will be held harmless in the event of any technical difficulties resulting in Frio & Stack Auction Service's inability to track prebids prior to the auction and/or online bids the day of the auction. All best efforts will be made to ensure that all online bids are acknowledged.
Bidder/Buyer is aware and responsible for all bids made (bid amounts & lot number).
Special notice-no employee, other than the auctioneer, is authorized to alter these terms.
All persons acknowledge having full knowledge of these terms and agree to be bound thereby. Bidders shall be held liable under these terms and conditions of the sale.
The auctioneer reserves the right to add one or more to the following terms and conditions of the sale: Condition of article sold- the Auctioneer shall not be responsible for the correct description, genuineness, authenticity, or defect in any lot, and makes no warranty in connection therewith. No sale will be set aside nor allowance made on account of any incorrections, error in cataloging, or any imperfections not noted. No deduction shall be allowed for damaged articles, since all goods are exposed for public exhibition by viewing the picture(s) and sold "AS IS" and without recourse. Any questions regarding any item up for sale need to be brought to Frio & Stack Auction Service's attention prior to the start of the sale.
Bidder and Frio & Stack Auction Service agree to mediate any dispute or claim arising between them out of this auction or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally between the parties involved. If, for any dispute or claim to which this paragraph applies, any party commenced an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney's fees, even in the would do otherwise be available to that party in any such action. Any litigation resulting from this sale or any resulting transaction will be conducted in the state of West Virginia in the county of Ohio.
Claims- No claims will be allowed after removal or shipment of goods.
Responsibility for non-delivery- The auctioneer shall not, in any event, be liable for non-delivery for any matter or thing to any purchases of any lot other than for the return to the purchaser of the deposit or sum paid to the auctioneer on said lot, should the purchaser be entitled thereto.
Samples- In every case where samples of the lots are shown, these samples, to the best of our belief, are true and fair, but bidders are cautioned that they must make examinations of lots before the sale and no allowance will be made on account of any difference between the sample and lot. The location of every lot is obtainable from the auctioneer and it is the duty of the purchasers to make examination before the sale. In case of lots sold by description, the information has been obtained from reliable sources and is believed to be correct, but cannot be guaranteed.
Agency- The auctioneer is acting as agent only and is not responsible for the acts of his principals.
Special Terms of Sale- Please contact Frio & Stack Auction Service for any payment or lot specific questions.
Any item/items not paid for and not picked up by the end of the specified time period will be forfeited and no refunds will be given. If you have any questions about pick up, or special requests regarding pick up please contact Frio & Stack Auction Service 48 hours prior to the end of the auction. All items must be removed within two weeks from the sale date.
All equipment must be removed to the first electrical connection or union and capped off to code.

Any item/items shipped will be sent with the US Postal Service or Fed Ex. It will be the responsibility of the purchaser for larger items (size or weight) to secure shipping arrangements and pay all related costs. Please contact Frio & Stack Auction Service if you want any items shipped. All related shipping costs are the responsibility of the buyer.
THE WINNING BID- The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING- After the sale has ended; the auctioneer will notify the winning bidder via email, phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES- If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
COPYRIGHT- All material and content as provided by the Service is protected by copyright and similar rights. You cannot use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
EXCLUSIONS AND LIMITATIONS- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

Firearms: All firearms sold onsite or online will be transferred per Federal & State laws. To purchase a firearm from an estate you must be a WV resident 21 years or older and not prohibited from purchasing a firearm. The estate/Auctioneer reserves the right to refuse the sale of any firearm.

Shipping Terms

NOTICE OF END OF SALE, PAYMENT & SHIPPING-
All items purchased day of sale must be removed by 5 PM, online items must be removed by Dec. 4th at noon. THERE WILL BE NO SHIPPING FOR THIS SALE!