Auction Terms & Conditions Auction Terms & Conditions -------------------------------------- By registering for this auction you agree to the following terms and conditions. This is a legal binding contract between you, referred to as the “bidder” and Advantage Auctions referred to as the “Auction House”. 1. ITEM CONDITION: The bidder acknowledges all items are sold “AS-IS” and “WHERE IS”. The Auction Houses makes no guarantee to the condition or usability of items up for auction. The Auction House will make its best effort to write accurate descriptions of each items up for auction. This is a services provided to the Bidder. The Bidder does not hold the Auction House responsible for bidding and winning items that are broke or defected in any way. The Auction House strongly recommends that each Bidder attends the preview days provides so they can inspect each item they wish to bid on. 2. LOADING ITEMS: The bidder agrees to bring help to load larger items. The Auction House DOES NOT provide help for loading large items into vehicles or trailers due to insurance purposes. The Auction House does not provide bags, paper, or other wrapping material when picking up lots which the Bidder has won. 3. PAYMENT: If the Bidder, or representative/agent of the Bidder, cannot pick up the items during the pick up date and times provided, then PLEASE DO NOT BID on any items. In the event that items are not picked up during the time slots, the Auction House reserves the right to charge the Bidders credit card on file for items' fees, buyers premiums, taxes, and any applicable fees (disposal fees, ect.). There is no storage available, so if an item goes unclaimed after the pick up times, the Bidder forfeits the items, the Bidders credit cards will be charged, no refunds given at the time the pick up window closes. If the items are not picked up during the pick up time slot, and the Auction House or their clients have not already disposed of the items, the Auction House still has access to the property, and the Bidder wishes to pick up their items there will be a travel fee of $50 to let the bidder into the property to pick up the lots they have won. If the Auction House has to pay to have these items disposed of, the Bidders credit card on file will be charged a reasonable disposal fee. There are no exceptions to these rules. 4. BUYERS PREMIUM: The Bidder understands that each item up for auction will have a buyer’s premium of 13% added to the price of each item. When placing a bid and winning items please take the buyers premium into account and bid accordingly. This means that if an item is sold at $100, the buyers premium would $13, and your total would be $113 (not including Michigan’s 6% sales tax). 5. SALES TAX:: Due to Michigan state law, there will be sales tax of 6% added to every lot won. 6. FAILURE TO PICK UP: The Auction House reserves the right to dispose of any items the Bidder has not picked up immediately after the pick up times. The Auction House reserves the right to determine the method of disposal which may or may not consist of waste disposal, resale or donation. The Bidder will be charged a reasonable disposal fee and their credit on file will be charged the full amount of items won, buyers premiums, and sales tax.. In the event a Bidder does not pick up items, the Auction House reserves the right to terminate their bidder status, and thus not letting the Bidder bid on any items in any future auctions. 7. INSPECTION/PREVIEW DAY: The Auction House will hold specific auction preview hours so all Bidders will have the chance to preview the lots they wish to bid on. We strongly recommend every person bidding on items to attend the preview days to inspect the items. Please note, the Auction House will not give refunds or returns for Bidders who bid and win items, but are unhappy with the condition of those items. We rely on the property owners to provide us with information regarding the property listed for sale, but we will not be accountable if said property is not accurately described. 8. INFORMATION CHANGES: The Bidder agrees to let the Auction House know of any changes with their contact information or credit information as soon as the Bidder knows. 9. BIDDING ERRORS AND SOFTWARE MALFUNCTIONS: In the event you have made an error bidding, the Bidder must contact the Auction House immediately. The Auction House will not assume any bid is an error. In the event there is a malfunction within the software and/or bidding the Auction Houses is using, the Bidder will not hold the Auction House accountable. 10. AUCTION CHANGES: The Auction House reserves the right to change lots, pull items from the auction, combine lots, split lots, remove lots, increase, decrease or add reserve amounts, cancel the auction before, during or after the auction has closed or change any other auction options or settings at anytime without notice. 11. STAGGERED CLOSING AND SOFT CLOSING: The Auction House uses staggered closing which means that lots close within seconds of each other giving everyone a chance to view each item closing in real time. The Auction House also uses soft closing, which means that an auction item ends only after a specific time without any additional bids. This prevents against sniping and giving every bidder a fair chance at winning that item. 12. BIDDER NOTIFICATION: If the Bidder has won any items at the auction, the Auction House will notify them via email to let them know the items they have won and amount they owe. This is the only contact the Bidder will receive from the Auction House. Please make sure you check your email after the auction has closed. In the event the Bidder won an item at the auction and does not receive this email, contact the auction house at (989)398-1016. Please check your spam file if you do not find it. 13. THIRD PARTY LIABILITY: The Bidder will not hold the Auction House liable for any action done by a third party. This includes, but is not limited to actions done by the fellow Bidders, Auction House clients, friends and family of the clients of the Auction House, or any person who commits a crime (I.E. breaking in an stealing or vandalizing auction lots) before, during, or after the auction has finished. 14. REMOVING ITEMS: The Bidder must remove the items safely. The Bidders agrees to pay all costs associated with damages that may happen when the bidder and/or their helpers are moving items. In the event the Bidder damages anything while removing the items, their credit card on file will be charged for all costs associated with fixing said damages. 15. AUCTION HOUSE LIABILITY: The bidders agree to not hold the Auction House responsible for any damages or injury that may happen when attending the inspection/preview day or auction pick up days. The Auction House asks the Bidder to watch their step inside the auction areas, as there may be some elevation changes or steps. 16. LEGAL RECOURSE: In the event an issue arises between the Bidder and Auction House, both the Bidder and Auction House agree to binding arbitration rather than litigation to resolve the dispute. The Bidder agrees to choose a venue located within Clinton County. The Bidder agrees that their dispute cannot be combined with any other person or party. 17. CLIENT RIGHTS: The clients of the Auction House have the right to bid on and win any items they have put to auction. The Clients agree to pay for all items and buyers premiums associated with any lots they have won. 18. These Terms and Conditions can be changed at any time without notice. Please read these terms and conditions each time you register for one of our auctions. These terms and conditions supersede any other agreement between you, the Bidder, and the Auction House made in the past or present. 19. You are bidding on what is described. There may be items in the background, but those are not included in the lot unless specifically told otherwise. 20. The Auction House reserves the right to enforce the rest of our terms and conditions. 21. Contact Information: Shawnee Walker (989) 398-1016 EMAIL: shwalker007@gmail.com WEBSITE: www.advantage-auctions.com ALL PROPERTY SOLD "AS IS", "WHERE IS", AND "WITH ALL FAULTS". ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESSED OR IMPLIED, INCLUDING VERBALSTATEMENTS MADE BY THE AUCTIONEER WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES ON NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE AUCTIONEER OR SELLER, OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING. BY BIDDING YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND THAT YOU ARE RELYINTG SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING