Lot # : 179 - Cornwell Man Red Mechanic Tool Box With Contents I

Special Terms *****PLEASE READ CAREFULLY****** By registering to participate in the auction, the bidder expressly acknowledges that he/she has read and understands the terms and conditions of sale and agrees to be bound thereby. Call our office at 305-387-7777 if you have any questions regarding our terms. 1. REGISTRATION DEPOSIT: Account validation is required to bid at this auction. Bidder's information must be current, complete, and accurate and must include full name, email address, phone number and mailing address. Must be 18+ years of age to participate. Additional deposits will be based upon cumulative purchases and may change throughout the auction. Redland Realty and Auction, LLC. has the right to charge the credit card on file on any 3rd party auction platform before or during the auction event. If the credit card is declined, your bidding privileges will be put on hold until the issue is cured. The deposit is refundable in the event that you do not have any successful winning bids. 2. CUSTOMER DATA: Registering to bid with Redland Realty and Auction, LLC. will include you in Redland Realty and Auction, LLC., Inc. customer database and email newsletter database. You will receive notifications regarding current and future events including but not limited to i.e., auctions, liquidations, immediate sales, and other information pertaining to our events or services. If you do not wish to be included, you may opt out by notifying us in writing. We do not share the information collected with third party companies. 3. BUYER'S PREMIUM (BP): A 20% Buyer's Premium/Internet Premium will apply to all lots. For example, if an item sells for $100.00, an additional $20.00 (20%) will be added as the Buyer's Premium plus applicable sales tax at checkout. Please bid accordingly. 4. LOCAL SALES TAX: 7% sales tax will apply to all taxable lots. Dealers who purchase for resale must provide a copy or email their 2023 resale certificate alex@auctionrec.com; please reference your bidder/paddle number. No exceptions will be made. Regarding motor vehicle purchase: Redland Realty and Auction, LLC. does not collect sales taxes on motor vehicles (automobile, motorcycle, truck, trailer, semi-trailer, truck tractor and semi-trailer combination, or any other vehicle). 5. INSPECTION/PREVIEW PERIOD: Inspection is prior to the auction commencing. Inspection period is available on Monday, March 7thth from 11AM to 3PM by appointment only. To schedule an appointment, Attendance will be limited. No walk-ins allowed. All bidders are urged to inspect the property prior to placing a bid. The failure to inspect the property shall not constitute cause for bid retraction or cancellation of sale. 6. TIMES THE MONEY: Lots that have quantity of 2 or more will be sold times the money. The price you bid will be 'times the number of items' in the lot. Example: Lot #72 has a quantity of 10 chairs and the auctioneer says this lot is "times the money". If you bid $6.00, you are bidding $6 per chair. You would pay $6 X 10 = $60.00 (plus buyer's premium and sales tax, as applicable). 7. CONDITION: The sale of property is "AS IS, WHERE IS", with no warranty or guarantee expressed or implied, subject to higher/better offers and seller's approval. The descriptions and images of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions, inventories, counts, images nor any oral or written statements made by the owner (or his agents or officers) or the Auctioneer (or his agents or officers) concerning any item shall be construed as a guarantee or warranty, either expressed or implied. Inventory, manifest, itemization, lists, counts, quantities etc. are solely estimations and do not guarantee to be verified or accurate. The bidder shall be the sole judge of value, condition, age, genuineness, authenticity, defectiveness, or any other determinative factor. Various items may be shown joined for demonstration purposes; however, bidder should not assume that a lot consists of more than one item simply because various items appear combined or displayed in the same photograph. Redland Realty and Auction, LLC. will not be responsible for any errors or omissions in the description. If you have questions, ask before bidding. Do not bid on items if you are uncertain of condition or what is being sold. Again, we strongly recommended and encourage you to attend the inspection/preview period. All lots sold shall be free and clear of liens or encumbrances unless otherwise notified. This is an absolute auction; No refunds or exchanges are allowed on any winning bids. 8. AUCTION CLOSING DATE: Lots will begin to soft close on Wednesday, March 15th at 7PM EST (lots will close at the rate of 1 lot per minute with additional time extension when bids are made in the last 60 seconds of lot closing) and at times may not close in sequential order. 9. ONLINE BIDDING: All bids must be submitted using the online bidding platform. The bidder is responsible for confirming their bids for accuracy. The bidder understands and agrees to be held liable for any bid made using their account, even if a bid is made in error. Redland Realty and Auction, LLC. has no obligation to undo bidding errors reported to Redland Realty and Auction, LLC. or to the 3rd party auction platform. Bidders will receive outbid notifications via email up until the last day of the auction, after which time you must log in to the bidding site to confirm your bids. Redland Realty and Auction, LLC. is providing internet bidding as a service to the bidder using a 3rd party bidding platform (Hibid). Under no circumstances shall the bidder hold Redland Realty and Auction, LLC., Inc. liable for system failures resulting in bids not being properly submitted. The auction uses staggered closing times and dynamic closing. Redland Realty and Auction, LLC. reserves the right to add to, group, withdraw or re-catalog items in this auction, as well as adjust minimum bids, starting bids and/or reserve prices and extend or shorten closing times. 10. COMPETITIVE BIDDING: The Auctioneer may accept bids from other bidding platforms. Bidding by telephone, facsimile-transmission (fax-in), email, or absentee bidding are offered solely as a convenience and permitted subject to availability, and approval which shall be exercised at Redland Realty and Auction, LLC. sole discretion. Neither Redland Realty and Auction, LLC. nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. 11. TITLE TRANSFER: Upon the fall of the Auctioneer's hammer/lots closing, title of the offered lot will pass to the highest bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and at such time buyer assumes full risk and responsibility for the lot, agrees to pay the bid amount, plus all fees applicable whether online, in person, by mail, by phone, by facsimile or through an employee or agent. Deposit(s) will not be refunded to purchaser of unpaid invoice(s). Bidder retraction or a change to a bid after an item has been sold, regardless of if the lot has been paid in full or pending payment is prohibited. The Auctioneer reserves the right to reject any bid at any time at his sole discretion to protect the integrity of the auction. Any person who bids in bad faith or disrupts the auction may be restricted from bidding. 12. MOTOR VEHICLE PURCHASE: Buyer is responsible for; (a) transferring title into their name or their company name as listed on the invoice (b) all registration fees and sales tax to be paid directly to Department of Motor Vehicles (DMV) within 30 days of invoice date. NOTE: The "buyer's premium" is considered by DMV as part of the purchase price and is subject to state sales tax. A motor vehicle title will be provided to the buyer during the removal period. In rare occasions, a title may be delayed 30 to 60 days. However, should a delay in obtaining the title occur, Redland Realty and Auction, LLC. shall in no way be responsible for any losses, damages, attorney's fees, costs of any kind, interest, punitive damages, or any other type of damages resulting from such delay and Redland Realty and Auction, LLC. shall have no liability to buyer or any subsequent buyer for any title delays for any reason whatsoever. In the event that a buyer requests a duplicate title (due to loss or any other reason), Redland Realty and Auction, LLC. will assess a duplicate title fee in the amount of $400.00 payable to Redland Realty and Auction, LLC. via cash or certified funds prior to reordering title. 13. BUYER INVOICES: Invoices will be emailed within 24 hours of auction ending. If you have any questions regarding your invoice, please contact our office at 305-387-7777 or email Alex Rodriguez at alex@auctionrec.com 14. PAYMENTS: Registration deposits will be deducted from the invoice and any remaining balance will be due no later than Thursday, March 9 by 12PM. All sales are final! No Returns, No Refunds, No Exchanges and No Chargebacks. The buyer may be assessed a $25 late charge for payments received after due date. 15. ACCEPTED FORMS OF PAYMENT: Redland Realty and Auction, LLC. accepts CASH, CERTIFIED FUNDS, ZELLE or WIRE TRANSFER OF FUNDS. We do not accept Company Checks or Personal Checks. Net amount of wire must equal total of invoice. Information to complete an IRS 8300 form will be required to report payments of $10,000 or greater (made in cash or cash equivalent) as determined by the IRS. Please note processing times may vary up to 24 hours following invoicing. If you prefer to make a CASH, CERTIFIED FUNDS, ZELLE or WIRE TRANSFER OF FUNDS payment, you MUST contact the auction company via email alex@auctionrec.com immediately after receiving an invoice. For cash payments: we ask that buyers please bring the exact cash amount. Staff may not have change to provide buyer. For Zelle payments: please use the following primary account email address to initiate a payment: info@auctionrec.com (Alexander Rodriguez) 16. PICK-UP/REMOVAL: It is the buyer's responsibility to pick up or arrange to have items picked up by the designated scheduled timeframe and must supply their own handling equipment, trucking, and personnel. The buyer is responsible for physically handling their items including packing, dismantling, disassembling and transporting of items. The buyer is allowed 2 days for pick-up: 03/16/2023, 03/17/2023 and 3/18/2023 11AM to 5PM by appointment only. ALL ITEMS MUST BE REMOVED BY March 18th BY 5PM. Items that are not removed by the allotted time will be subject to storage fees per lot, per day (at the Auctioneer's discretion) and/or shall be deemed abandoned and buyer will lose any right, title or interest in which buyer may have acquired and the lots shall be repossessed to Redland Realty and Auction, LLC. without further notice to the buyer. Redland Realty and Auction, LLC. may recommend riggers and shippers as a convenience to buyers but assumes no responsibility for their actions. If items need to be shipped, the buyer is responsible for hiring someone to remove and dismantle equipment and the trucking company will be required to load it. Redland Realty and Auction, LLC. is not responsible for loading assistance. The buyer must contact the shipper for estimates and make shipping arrangements directly with the company. The buyer is responsible for all shipping and handling costs. Removal is at the expense, risk, and liability of the buyer. ANYONE PICKING UP MERCHANDISE ON BUYER'S BEHALF MUST PRESENT A COPY OF THE PAID INVOICE. MOVERS AND SHIPPING COMPANIES MUST PROVIDE A BILL OF SALE OR SHIPPING SLIP. Please note while we have designated checkout personnel, neither Redland Realty and Auction, LLC. staff, nor the seller will be responsible or held liable for replacing any lost, stolen, or missing items, or exchanged parts or equipment. 17. CLAIMS: In no event shall Redland Realty and Auction, LLC. liability to buyer exceed the purchase price actually paid for an individual item or lot. A buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit, liability of buyer to any third party, personal injury, or any other direct, indirect, incidental, or consequential damages. The buyer further acknowledges that each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned upon another transaction. The buyer hereby holds Redland Realty and Auction, LLC. harmless from: (a.) the acts or omission of any party who provided any items to Redland Realty and Auction, LLC. for sale, (b.) the acts or omission of the owner or seller of the auction site or the site where the auctioned items are stored, (c.) any claims buyer may have against Redland Realty and Auction, LLC. Auctioneer's client(s) or any former owner of the property being sold, (d.) buyer's failure in any way to properly inspect items and/or fulfill its obligations per the terms and conditions of the sale. In the event buyer provides a deposit or payment using a credit card, buyer acknowledges that it is purchasing under the AS-IS, WHERE-IS terms of the auction and that Buyer shall waive all rights of charge-back based on any claims of misrepresentation, non-delivery, or non-performance. Claims or adjustments will NOT be allowed after the item/lot has been removed from the premises or after the posted removal date, whether or not the property has been removed. 18. PICK-UP/REMOVAL LOCATION: TBD 19. RIGHT TO WITHDRAWAL/CANCELLATION: Redland Realty and Auction, LLC. reserves the right to withdraw from sale any of the items listed in the catalog/brochure before, during, or after the auction without liability. In addition, Redland Realty and Auction, LLC. reserves the right to cancel the sale at any time for any given reason. 20. DISPUTES: The Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the auctioneer reserves the right to re-open the bidding whether in person or online. The auctioneers' designation of a buyer shall be final. 21. HOLD HARMLESS: Purchaser, purchaser's agent(s) including hired moving companies, vehicle transport and/or riggers, does hereby indemnify and hold harmless the Redland Realty and Auction, LLC., auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. 22. NON-DELIVERY RESPONSIBILITY: Redland Realty and Auction, LLC. and the seller shall have no liability to the buyer of any lot for non-delivery of any purchased item(s). Redland Realty and Auction, LLC. shall not, in any event, be liable for non-delivery of property, storage or removal fees or costs, lien satisfaction or for any other matter, to buyer of any lot, other than for the return to the buyer of the deposit or sum paid on said lot, should the buyer be entitled thereto. 23. UNPAID INVOICES: ZERO TOLERANCE POLICY FOR BUYERS WHO DO NOT PAY THEIR INVOICE WITHIN THE TIME ALLOWED. In the event the purchaser fails to pay for the entire purchase within the time set forth by the auctioneer and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit as part of its damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be due to the auctioneer by the defaulting purchaser together with all charges, fees, and expenses including reasonable attorney fees incurred by such resale and enforcement of the obligation hereunder. Unpaid invoices will be reported to the 3rd party auction platform and bidding privileges will be revoked. 24. COLLUSION: Practices that eliminate competition, such as collusive bidding, (fictitious bidding during the auction for the purpose of misleading or stimulating other persons who are bidding in good faith) may warrant criminal, civil, or administrative action against the participant(s). 25. EXPORTATION: The buyer of any and all purchased equipment at this auction understands that if their intention is to export any equipment from this sale, they will be responsible for confirming and following all of the US government's guidelines pertaining to the legal exportation of any equipment to that country, the buyer will be referred to as the exporter. The exporter will be responsible for any export licensing, export declaration fees and preparation of any documents needed to ship overseas. Redland Realty and Auction, LLC. will not be responsible for any item purchased that cannot be legally exported. 26. GOOD STANDING: All bidders must meet the Auctioneer's qualifications to bid. Any bidder who is not in good standing with Redland Realty and Auction, LLC. at any time prior to, during or even after the close of auction will be disqualified at Redland Realty and Auction's sole discretion and will not be awarded lots. Redland Realty and Auction, LLC. reserves the right to exclude any person from registering at this auction and/or future auctions. 27. LEGAL AND BINDING: A bid is a legal and binding contract. It is a promise to pay for goods purchased. By registering to participate in the auction, the bidder expressly acknowledges that he/she has read and understands the terms and conditions of sale and agrees to be bound thereby. Under no circumstances will any items be removed prior to the conclusion of the sale. Redland Realty and Auction, LLC. has the right to make changes to the terms of sale without further notice.