Auction Terms & Conditions Auction Firm, 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 Auction Firm at the auction, which will take precedence and be controlling in all instances.
2. Auction Firm has been hired by Seller to act as Seller's agent in conducting the auction, and Auction Firm is not serving as an agent for Bidder or any Buyer.
3. Bidder must register with Auction staff before bidding. Proper identification will be required. Auction Firm and Auction staff may bid and buy. Auction Firm may, on behalf of the seller, bid on items with reserve (up to the reserve amount).
4. Auction Firm reserves the right to refuse to register any prospective bidder for any reason, and to require the removal of any person from the auction site for any reason including, but not limited to: (1) tampering with auction lots; (2) any illegal conduct including collusive bidding or stealing; (3) disruptive behavior; (4) failure to abide by these terms; and (5) intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auction Firm. Any act of theft, vandalism, or disruption will be prosecuted to the fullest extent of the law.
5. Bidder should carefully guard their bidding number to avoid unauthorized purchases for which Bidder will be responsible.
6. Catalogs and brochures are guides only based on information from sources believed to be reliable, but their accuracy cannot be guaranteed or warranted. Auction Firm will not be liable for any errors or omissions.
7. Auction Firm 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 Auction Firm or seller.
8. 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 Auction Firm, including no warranty of fitness, merchantability, or suitability. Bidders should carefully inspect each lot to determine condition and contents. Bidder acknowledges that all lots were available for inspection prior to the auction and that he relied solely on his own inspection of the lots and not on any information listed in the catalog or otherwise provided by Auction Firm, the auction staff or Seller.
9. ALL SALES ARE FINAL WITH NO REFUNDS FOR ANY REASON.
10. The highest bidder for a lot recognized by Auction Firm will be the Buyer, subject to the satisfaction of any reserve amount for that lot. A lot is sold when the Auction Firm indicates it in their customary manner. Bidder agrees without exception that if their the highest bidder for a lot and it is sold to them, an enforceable contract of sale is immediately formed, and no further writing of any kind will be required from them to satisfy any decision, principle, rule, statute, or other requirement in law or equity which the parties specifically waive and disclaim.
11. Should a dispute arise, the decision of Auction Firm will be final. Bidder is encouraged to make bids clearly visible to Auction Firm or staff to avoid being missed. Auction Firm may determine acceptable increments to advance the bidding.
12. Ownership, possession, and the risk of loss from any cause pass immediately to the Buyer when Auction Firm announces the sale of a lot. BUYERS ARE SOLELY RESPONSIBLE FOR THEIR PURCHASES, and Seller and Auction Firm will have no responsibility for lost, stolen, or damaged lots (pertains to onsite buyers).
13. ALL PURCHASES MUST BE PAID FOR IN FULL BY THE END OF AUCTION. ACCEPTABLE FORMS OF PAYMENT INCLUDE: Cash, Certified Funds, or Credit Cards (Visa, MasterCard, American Express or Discover). A 13.5% Buyers Premium will be added to the hammer price of each lot unless otherwise specified. Legal action will be instituted to collect any unpaid accounts, and Buyer agrees to pay all costs of collection, including reasonable attorneys' fees.
14. ALL TITLE WORK PROVIDED BY RESPECTIVE SELLERS. JACKSON'S AUCTION HOUSE AND SALES LLC ACCEPTS NO RESPONSIBILITY WHATSOEVER REGARDING TITLES.
15. Nothing in a lot may be moved from its location prior to being paid for by the Buyer, and Buyer must present Auction staff with a paid receipt. All lots must be removed from the auction site by the end of the auction, unless specifically approved by Auction staff. Any lot not removed from the site within this time will be deemed abandoned and be promptly disposed of or resold for Auction Firms account.
17. Persons attending the auction understand that the auction and site may pose both obvious, hidden, and unknown dangers, defects, and other perils, and each person assumes the risk of all injury, loss and/or death from any cause whatsoever, and Auction Firm and Seller will have no liability whatsoever. Bidder agrees to indemnify Auction Firm and Seller and hold them harmless for any injury, death, or damage to person or property at the auction site which was caused by Bidder.
18. Except for announcements made pursuant to paragraph 1 of these terms, the terms may not be amended in any way, except by a signed, written agreement between Auction Firm and Bidder.
19. 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 be in the Mecklenburg County Courthouse at 832 E. 4th St. Charlotte, North Carolina.
20. Bidder agrees that any controversy or claim arising out of this auction, or any related dealings with Auction Firm or Seller, must be resolved by final and binding arbitration, with no appeal permitted, except as provided by statute, and conducted in accordance with Uniform Commercial Code. The parties voluntarily waive their rights to seek traditional remedies in any court, including the right to a trial by jury. The prevailing party will be entitled to collect from the other its cost associated with the arbitration, including reasonable attorneys' fees. Notwithstanding this requirement for binding arbitration, the parties agree that the Auction Firm 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 that event the defaulting bidder will be responsible for all the Auction Firms and/or Seller's costs of collection.
21. Bid rigging is a very serious crime and any illegal conduct by bidder, or others, will be immediately reported by Auction Firm to the U.S. Attorney and Department of Justice for investigation and prosecution to the fullest extent of the law. Title 15, Section 1 of the U.S. Code provides any agreement among potential bidders not to bid against one another, or otherwise to dampen the bidding process, is a felony under federal law. The law provides for fines of up to $10 million per violation for a corporate offender, and $350,000 per violation for others, as well as imprisonment of up to three years.
22. Auction Firm will have no responsibility for any loss or damage resulting from Auction staff carrying, handling, or loading any item(s) for any person.
23. Registering to bid or attending the auction indicates full understanding and acceptance of these terms, along with the agreement to be so bound.
24. If there is anything relevant to this auction that you do not understand, please ask a member of Auction Firm's staff to assist you. We want your auction experience to be an informed and positive one.
Seller User Terms
Bidder User Terms