Auction Terms & Conditions Terms & Conditions of Auction: It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Good luck and good bidding! Registration at the auction (online and/or in person) finalizes each bidder's agreement to the terms and conditions of sale as stated in the Contract and its Addenda which are incorporated by reference into your bidding. Do not bid until you have read the terms and conditions. In order to bid all Bidders must be registered to bid on the specific property in question. There is no fee to register although a valid credit card will be required to verify identity and funds. By bidding you are representing to HAPPY DUCK Auction Service ("Broker" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures. THE SALE WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. The Happy Duck Auction Service is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down properties or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding and to accept or reject any or all bids. Absentee bids may be accepted at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time. Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered and are approved. The Auctioneer will call the sale and control any increments of bidding. The auction ends at a predetermined time with an Overtime Period if necessary, which is defined as follows: if a bid is placed within two (2) minutes of the close of bidding, then another two (2) minutes period commences from the time of the last bid until no bids are placed within the next two (2) minutes. The last bid shall be made final. BUYER'S FEE: A 5% Buyer's Fee will be added to the final bid price and included in the total purchase price. Buyer's Fee will be paid to The Happy Duck Auction Service. If Buyer is a winning bidder and refuses or fails to complete the transaction for ANY reason (including, but not limited to, remitting the total purchase amount), Buyer shall relinquish ANY right to complete the transaction and shall have no rights or interest in the property, as well as forfeit all deposit monies as liquidated damages to Seller. PLEASE BE ADVISED: Various state statutes give Seller the right to pursue legal action against bidders who refuse to complete transactions. This may include (but is not limited to) suit to compel completion of the sale, and/or criminal charges of fraud or other intentional act. All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale. The Happy Duck Auction Service represents the Sellers only and does not inspect properties on bidder's behalf. Buyers must conduct their own due diligence and investigation of each property and must also investigate the suitability of each item prior to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale. Items not picked-up on designated pick-up date will be considered abandon. YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE SELLER AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS. Auction company is a Licenced Firearm dealer. The auction will follow the State guidlines that the license mandates. Terms of Sale: AS-IS-WHERE-IS. NO WARRANTY OR GUARANTEE OF ANY KIND. ALL SALES ARE FINAL. NO REFUNDS. NO RETURNS. NO PRICE ADJUSTMENTS OR REPAIRS. NO EXCEPTIONS.
BRIEF SUMMARY " Personal property being offered "AS IS" " 5% Buyer's Fee added to final bid price " Pick-up dates: Thursday & Friday, after the auction from 8 a.m. to 5 p.m SATURDAY 8AM - NOON. " Payment to be made upon conclusion of the auction with buyers credit card unless buyer contacts happy duck Auction prior to auction ending. Absolutely NO personal checks. Accepting Cash, or Credit card. 3% convenience fee for credit card transactions. " All iteme are taxable, due to being a consignment sale, If you due have a tax exepmt # have it with you or bring the form with. Once you have reviewed that everything on your invoice is sales tax exempt and a form has been filled out (or it is confirmed there is one on file), the sales tax can be removed from your invoice.
BIDDER USER TERMS
1. Bidder Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as Bidder.
2. Listed Item(s). We are not the owner, seller or auctioneer of the Listed Item(s) on our Sites. We do not inspect Listed Item(s), validate a Seller's ownership of or authority to sell Listed Item(s), or provide any representations or warranties concerning Listed Item(s). Bidding on the Listed Item(s) is conducted at your own risk, and any resulting transaction for Listed Item(s) is solely between you and the Seller. We do not supervise, direct, or control Sellers. You understand and agree that we will not be liable for Listed Item(s) that you bid on, the acts or omissions of Sellers, or for any proposed or completed transactions between you and a Seller.
3. Auction Information and Bidder Inspections. The auction dates, information, descriptions and prices for Listed Item(s) are determined by the Seller and may be subject to change. Listed Item(s) may be used and may contain defects. We do not inspect or confirm the condition of the Listed Item(s). We do not verify the accuracy of, or control, the information and details provided by Sellers concerning the Listed Item(s). We also do not guarantee that Sellers have or maintain proper auctioneers' licenses or comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the Listed Item descriptions. You should also take appropriate steps to inspect or validate the condition of Listed Item(s) prior to bidding on and receiving Listed Item(s). We are not responsible for any errors or omissions in the content of any Listed Item(s). We reserve the right, in our sole discretion, to (i) withdraw any Listed Item(s) from our Services; (ii) amend the information in a Listed Item; or (iii) cancel any proposed bid for Listed Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.
4. Additional Terms Posted by Seller. A Seller may post additional terms and conditions for their Listed Item(s) (the "User Posted Terms"). User Posted Terms are between you and the Seller and are separate from these Terms. You are solely responsible for reading and understanding any User Posted Terms prior to placing a bid on such Listed Item(s). We do not create, review, negotiate, or enforce User Posted Terms. If you do not agree to the applicable User Posted Terms, you should not place a bid on the Listed Item(s).
5. Additional Fees by Seller. In addition to the price of Listed Item(s), Sellers may charge a buyer's premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are set by the Seller and may be subject to change depending on the Seller and the Listed Item(s).
6. Additional Seller Registration. A Seller may require a Bidder to separately register with it prior to bidding on the Seller's Listed Item(s), and may permit or deny the additional registration at its sole discretion.
7. Transportation and Risk of Loss. We are not responsible for the transportation, delivery or risk of loss for any Listed Item(s). Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for all freight, shipping, and other costs related to transporting the Listed Item(s). These costs may include dismantling, special handling, loading, transportation costs, and permits required to move the Listed Item(s) to the Bidder's desired location. You should confirm transportation, delivery and risk of loss information with the Seller and your designated transportation provider. In no event shall we have any responsibility for the transportation of Listed Item(s) or for any risk of loss or liability related to Listed Item(s).
8. Bidding. You understand, acknowledge and agree that:
a. When you submit a bid using our Services, your bid will be forwarded to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. Once you place a bid on our Site, it may not be retracted. If you have the winning bid, a Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation.
b. By using our Services to bid on Listed Item(s), you grant us permission to share your information with Sellers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, etc.) and other information that you provide to us.
c. You may place a max bid on Listed Item(s). When you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time.
d. Auctions may have time extensions. If a Seller elects to use a time extension for Listed Item(s), the bidding period on the Listed Item(s) may be extended when a higher bid than the then-current top bid is placed prior to expiration of that auction. The bidding period will continue as long as such higher bids are being placed within the time extension designated by the Seller.
e. reserves the right to withdraw, postpone, or cancel any Listed Item(s), in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
f. reserves the right to void a bid that you place, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate our Services.
g. The Seller is conducting the auction and makes the sole and final determination with respect to the sale of Listed Item(s).
h. WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
9. Prohibited Bidder Conduct. Any deliberate attempt to artificially influence the sale price of any Listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Listed Item(s) that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited.