Terms and Conditions of Online sale In bidding you consent to be bound by these terms and conditions. 1. All online auction sales will be conducted according to the following plus any other conditions posted by ActOne Auctions. 2. All bidders must provide their full name, address and daytime/evening phone number. 3. ActOne Auctions reserves the right to deny registration. 4. ActOne Auctions reserves the right to determine the “condition” of the item, and judges “conditions” based on customary auctioneer evaluation practices. 5. All items in the auction will be sold to the highest bidder. The auctioneer reserves the right to rescind any and all bids for any reason whatsoever. Any and all disputes over the winning bid price or any other issue will be settled according to records and judgement of ActOne Auctions. 6. All items are offered in "as is, where is" Condition. 7. If/When Inspection Times are provided, bidders should examine and inspect items prior to bidding. In all cases, all items are sold AS IS, WHERE IS WITH ALL FAULTS. Details of each item will be posted to the best ability of the auctioneer. The seller and ActOne Auctions expressly disclaim any warranty concerning the condition, quality, nature, and/or fitness for particular purpose, value or merchantability of any item. No allowance will be made for errors in cataloging, genuineness, defects or imperfections not noted. Online photographs are provided for bidders' convenience and will not be interpreted to create representations or warranties for any item. ActOne Auctions relies upon information from the seller concerning all items and makes no investigation or warranty about the accuracy or completeness of this information. 8. All removal is at the expense, liability, and risk of the purchaser including disconnection of utilities. Rights of the high bidder to purchase the item end on the last day and time of announced or scheduled removal/pick up date. At this time the item(s) will be considered abandoned by high bidder. ActOne Auctions reserves the right to dispose of the item(s) according to its discretion. Any high bidder that fails to complete a transaction will be held responsible for all damages resulting from that action include, but not limited to, storage costs, interest, filing fees, and attorney's fees. Items paid by the high bidder but not removed by the announced or scheduled removal/pick up date will be considered abandoned, and will be disposed of at the discretion of ActOne Auctions. A refund will not be given. At the time of removal, the bidders or agents are responsible for checking that all paid/purchased items are in their possession. If there is a discrepancy, it must be resolved within one day of pickup. 9. No claims will be allowed after an item has been removed from the auction site. Neither ActOne Auctions nor the seller shall be held liable for non-delivery to any high bidder of any item. If payment has been made the high bidder shall receive a refund for the sum paid. This guarantee of refund shall be null and void if high bidder fails to remove item before the last day of announced pickup/removal times. In no event shall ActOne Auctions be liable to any bidder for any act or omission occurring in connection with the auction for an amount that exceeds the amount that such bidder has actually paid to ActOne Auctions, as a deposit or as payment for a purchased item. 10. ActOne Auctions according to its discretion, may offer items by the piece or by the lot. It also may intersperse the auction with items from various sellers. The seller, with the consent of ActOne Auctions, has the right to remove items from the auction before or after bidding is completed. In the event of removal after bidding is complete, the high bidders sole remedy shall be the refund of the amount actually paid if payment has been made. 11. Auction Participation and Compliance with Terms: By participating in an auction, bidders represent, irrefutably warrant and covenant that: -They shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of the auction. -They have the capacity to close the transaction and that any bid they make on the item constitutes an irrevocable offer to buy the item for the full amount of the bid plus buyer's premium and applicable taxes. -They have the legal authority to enter into an agreement to purchase the item. -They shall forfeit all deposits or otherwise pay as liquidation damages all monies paid if payment is not made in full by the time specified. 12. Immediate notification is required if a mistake is made in bidding. Bidders may still be held responsible for the bid. 13. Potential bidders when inspecting and high bidders/purchasers or their agents acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. High bidders will so advise their agents and employees. This acknowledged risk extends into all activities involved in the removal of items including disconnection of utilities. Persons attending the auction site during preview, sale or removal assume all risks of injury damage or loss of property and specifically release ActOne Auctions and the seller from liability. 14. ActOne Auctions is acting only as an agent and is not responsible for the action of the principals. 15. ActOne Auctions will announce the removal or "check-out" period for each auction on that auctions online site. Online auctions will have the details posted on the auction event page. ActOne Auctions will assume no responsibility for any part of item removal. High bidders/purchasers will assume sole responsibility and risk for disassembling, disconnecting (including power and water and all utilities), loading and trucking all purchased items. Purchasers will repair personal property that is altered or damaged in the removal of their items. 16. High bidder/purchaser agrees to comply with all applicable United States export laws and to acknowledge that ActOne Auctions is not the exporter. ActOne Auctions makes no representation into which, if any, items constitute "Restricted Technology" and as such cannot be shipped outside of the United States. In addition, it is the high bidders/purchasers or their agents' responsibility to meet all government safety and environmental laws/standards when removing and shipping purchased items. ActOne Auctions has no duty to remove hazardous substances contained in any item. Identification and removal are the sole responsibility of the purchaser/ high bidder. 17. The results of the auction may be rendered void if malfunction, shutdown, or temporary loss of service occurs. In such an event, ActOne Auctions reserves the right to remedy the situation in whichever way best represents the seller, including the cancellation of existing bids. ActOne Auctions shall not be held liable in any way for any malfunctions, shutdowns, or loss of service. 18. Notification/invoices will be sent to winning bidders within 3 business days of the conclusion of the auction. In the event that you have not received your notification/invoice within 3 business days of the closing of the auction, please contact ActOne Auctions. 19. High bidders/purchasers are expected to make arrangement for removal/pickup so that they can conform to the pick up days announced or scheduled. Call ActOne Auctions for any further information. 20. Methods of payment include: Cash and Credit. Cash is not kept on site, exact change is preferred. 21. Payment is either made online by credit card before pickup or by cash or credit card at the auction site when picking up purchases. Checks are not accepted. 22. All high bids are subject to a 13% Buyer's Premium plus applicable sales tax. For resalers or tax exempt, provide a copy of your state exemption certificate. 23. Purchaser and Bidders agree to indemnify and hold harmless both the seller and ActOne Auctions from and against all claims and liabilities resulting from online auction, including but not limited to: proximate or consequential damages, failure to comply with local, state, or federal laws, and cost of legal expenses arising there from. No person shall have any claim against ActOne Auctions, their respective agents or employees for any injuries sustained or damages to or loss of property that may occur at the auction site. 24. These Terms and Conditions, and all questions with respect to the interpretation of these conditions, shall be governed by and construed in accordance with the internal laws of the State of Minnesota, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Minnesota located in Hennepin County. In bidding, you consent to agreeing with all the Terms and Conditions stated above and any auction specific terms posted on each auctions event page and/or terms emailed to you and or terms posted by ActOne Auctions.