Who is who in this document:
Bidders are registered users who intend to buy property at this auction.
Buyers are Bidders who have the highest bids at the close of this auction.
Seller is the person who has contracted with Asher’s Auctions LLC to sell their property.
Asher’s Auction LLC is the Auctioneer and the platform used by the Seller to sell their property.
HiBid / AuctionFlex360 is the online platform that Asher’s Auction LLC uses to sell property.
Acronyms used by Asher’s Auctions LLC:
NOS: New Old Stock
NIB: New in Box
Bidders certify they have read and understand the terms and conditions, and they are bound to the terms and conditions. Each auction may have additional terms not listed here. It is the buyer's responsibility to understand all the terms and conditions prior to submitting a bid. Asher’s Auctions LLC is not responsible for bids not being placed due to internet lag time.
All applicable sales & use tax will be added to the purchase price of all non-titled items.
Asher’s Auctions LLC has a buyer's premium for online items. Buyer’s premiums may change from auction to auction. Bidder’s need to ensure that they know what the buyer’s premium before bidding.
Credit Card sales will incur approximately 3% processing fee assessed by the 3rd party credit card processor that Asher’s Auctions LLC uses.
The auction will be conducted by Asher’s Auctions LLC (Auctioneer) on behalf of the owners of the property, referred to as the Seller. Auctioneer is not responsible for the acts or representations of Seller. The auction shall be governed by the terms set forth herein (the agreement), and any additional terms and conditions that are posted concerning the specific property. The Agreement constitutes a valid, binding contract between individuals participating in the auction with the intent to purchase property, referred to as the Bidder or Buyer, and Seller/Auctioneer. The term Bidder or Buyer shall include, but not limited to, the individual or the company represented by the individual and any and all of its agents, employees, representatives, officers, and directors. Auctioneer is not responsible for statements made by the Bidder, Buyer, or other parties. Auctioneer reserves the right to periodically change the terms and conditions of the Agreement, which shall be effective immediately upon posting. It is the Bidders responsibility to review any and all changes made to these terms and conditions prior to bidding on property. The act of submitting a bid shall constitute Bidder acceptance of each and every term and condition contained herein, any additional terms and conditions posted with the property, and any changes made within the full agreement. All persons attending, inspecting or removing property assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer from all liability. Auctioneer is not liable by reason of any defect in, or condition of, the property or the premises on which the preview/sale is held. Auctioneer is released for any claims to actual damage to the property sold and/or consequential damages that may result from the sale of defective property.
There are no warranties offered, expressed or implied, by Asher’s Auctions LLC or Sellers for any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. ALL SALES ARE FINAL. Items will be described the best to our knowledge. All information provided is believed to be correct but NO warranty as such is either expressed or implied, including but not limited to merchantability or fitness for a particular purpose. Bidder is solely responsible to determine condition, age, authenticity, value or any other determinative factor. Bidder inspection of the property prior to submitting a bid is strongly recommended. Auctioneer reserves the right to add or withdraw property from the auction, and/or regroup items. Auctioneer reserves the right to sell property absolute or with reserve, at Sellers discretion. The Seller does have the right to make the final bid and the Auctioneer does have the right to bid on behalf of the Seller. The auctioneer reserves the right to open the bid as the result of a tie bid or discrepancies in the bid. Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. All titles will be assigned to buyer. NO OPEN TITLES.
Bidder must be 18 years of age or older, and is required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/username and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable.
Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. All items are sold AS-IS this is an AUCTION, and all SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding. A maximum bid can be placed on property. A maximum bid is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. Upon sale of property, identifying information and purchase amount will be posted for a designated period of time. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final.
A Buyers’ premium will be charged on each purchase for online auctions. A buyer's premium, an advertised percentage of the high bid or flat fee added to the high bid will be added to the high bid and become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable buyer's premium.
Asher’s Auctions LLC uses a 3rd party to process credit cards and has no way to swipe cards at the time of pickup. Credit card processing fees are passed on to the buyer at a rate of approximately 3%. For all parties involved it is best to pay with cash or check at the time of pickup.
Sales tax, when applicable, will be charged on both the purchase price and buyers’ premium. Taxes, fees, shipping, handling, insurance, storage and security charges are Buyers expenses, and will be calculated and rendered due at the sale of the property. Payment must be made in full by the Buyer, immediately upon the completion of the auction by VISA, MasterCard, Cash, Wire Transfer, Certified Check, Cashier’s Check, Venmo, PayPal, or Personal/Company Check with Irrevocable Bank Letter of Guarantee. Upon making payment for property, no stop payment of funds will be honored, Any stop payment order of a check, or giving a check which is returned marked insufficient funds, shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. If you are from another country other than the US, you must pay in US funds. Even if you are not from another country you must pay in USD $.
The Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. Property will not be removed from sale premises until payment in full has been received. Any and all methods of lifting, towing, and/or hauling are the Buyers responsibility. Packing and shipping costs are the responsibility of Buyer and shall be conducted by a third party of choice. Seller and Auctioneer agree that property may remain on the sale premises for a period of time following the sale. Any and all methods of lifting, towing, and/or hauling are the Buyers responsibility. Packing and shipping costs are the responsibility of Buyer and shall be conducted by a third party of choice unless otherwise noted in the item specific terms. The final day of removal will be posted with property information. Any and all property not removed by Buyer by the final day of removal will revert back to the Auctioneer or Seller and may be resold at auction or disposed of in any other manner that seems to be suitable.
The law of the State of Kansas governs this agreement and venue is proper in State of Kansas and Ashe's Auctions LLC is registered in Smith County, Kansas. Sales Tax will be charged by location of the auction.
The following are property specific Terms & Conditions that are posted online with the individual property information and will override any likewise terms stated in this Agreement. - Buyers Premium - Sale Date and Time (Beginning and Ending) - Inspection Location, Dates, and Times - Final Date of Removal - Shipping Arrangements - Special Notes/Comments/Announcements
You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, always read the item description. Often, other objects in the pictures are not part of the sale. The photographer might catch an item that is part of another lot or items may be placed in the picture to show scale. If we sell a tape measure, ruler, or yard stick it will be listed in the description. Otherwise, it's just there to show potential buyers how big or small the item it. READ THE DESCRIPTION, LOOK AT THE PICTURES, AND IF YOU HAVE QUESTIONS CONTACT US BEFORE BIDDING. GOOD LUCK BIDDING!!!
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