TERMS for Online auctions for Commercial Liquidators of America, also referred to as "CLA". By Accepting the Terms and Conditions you acknowledge you are entering into a legal and binding contract. You agree to abide by all terms and conditions set forth.
1. Everything is sold "As Is, Where Is" with ABSOLUTELY no expressed or implied warranty whatsoever. Any changes in details of the auction made prior to day of sale take precedence over any previous terms. Bidder bears full responsibility for inspecting items prior to bidding. Bidder is responsible for inspecting merchandise during announced inspection/preview times. Not attending inspection/preview does not remove or release the bidder from accepting the condition of the merchandise. Descriptions, photos and statements made or offered by sellers or auction staff is deemed correct but is not guaranteed. Bidder should inspect and verify all information during inspection/preview time. By bidding on the item you have agreed to accept that item in its present condition. If a discrepancy is discovered, auction staff must be notified immediately at the time of pickup prior to removal of item(s) from the facility. WATCH FOR THE QTY. ON THE LOTS: The bid price will multiplied by whatever the Qty. is in the Lot if it is listed that way. If the Qty. is more than 1, it will show in the picture and also when you place your bid if it is multiplied by more than 1. If it says 1 Lot at the beginning of the of the description, it is selling by the Lot or 1x the Bid. Bidder DOES NOT have the right of abandonment. Any items not picked up will result in a disposal fee being charged to the Bidder. This fee may be charged to credit card on file.ALL SALES ARE FINAL!!! Bids may not be cancelled or retracted for any reason. General Consignment Sale. ALL AMERICAN AUCTIONS AC30200070, BRIAN SHAW AU19900102
2. When registering, all bidders are required to give full name, address, phone number and email address. A valid credit card (Visa, Master Card, Discover or American Express) is required to register: your credit card will be verified, a $1 verification ping will be done to make sure the card is active. The pending $1 charge will fall off in a few days.The registered credit card info is retained and this credit card may automatically be charged for your purchases at the auction. Due to non-payment issues with out of state buyers, we reserve the right to request a reasonable fully refundable deposit. After the invoice is paid in full, the deposit will be refunded in its entirety. If no purchases are made, the deposit will be refunded in full. Look for a separate email from Auction Asset Recovery/Square to pay your invoice online before removal of purchases. Bidder is solely responsible for his/her account. Bidder is responsible for any use of the account by any person or other business and paying for any invoices resulting from anyone using the account. and credit card used to register with will be billed for any acttivity,. The Bidder is responsible for securing access to account. ABSOLUTELY NO EXCEPTIONS AND EXCLUSIONS !!!
If you are CLAIMING TAX EXEMPT STATUS, a Completed ST-105 Tax Exempt Form must be received 1 day prior to the start of the auction and sent via email to: INFO@CLOFA.NET . No Exceptions.
3. Look for a separate email from Auction Asset Recovery/Square to pay your invoice online before removal of purchases. Full payment may be charged automatically to the credit card given when you registered for the auction. Bid price plus stated 15% Buyer's Premium and 7% Sales Tax will be collected. All Sales Final.There can be no alteration, refund or exchange of any kind for any reason whatsoever. Bidder relinquishes all rights to initiate a chargeback based on buyer's remorse, non-delivery of goods, equipment not as described, not understanding the terms of the sale, lost or stolen items, and/or any other reason. If bidder does initiate a chargeback, bidder agree to pay all attorney costs, all fines, fees & personnel costs incurred by CLA, no matter what the determination by the credit card processing company or the credit card issuing bank as to the validity of the chargeback in recovering any chargeback amounts. The minimum amount to be charged for iniiation of a chargeback will be $500.00. PLUS ATTORNEY FEES Bidder also authorizes CLA to charge this credit card for any expenses incurred. If buyer requests invoices to be split, changed, modified or altered in ANY way CLA will have the option of charging $25.00 per invoice to complete the request. If buyer needs separate invoices Buyer can register and create different accounts with different Buyers numbers and avoid this charge. CLA may also, at its option charge $25.00 for allowing this service.
4. NOTICE OF COMPLETE AND FULL INJURY INDEMNIFICATION: Bidder and guests assume all risks associated with attendance at preview day(s), auction day(s) and removal day(s). Bidder and guests shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises, and the conduct of the third parties and the Bidder shall advise his agents and employees OF THEIR ASSUMED RISK !!!. . Bidder and guests agree to indemnify CLA and Clients, Property Owner of any and all liability regardless of negligence. There can be no presumption that property is safe for attendance and/or entry. DO NOT PARTICIPATE IN THIS AUCTION IF YOU DO NOT ACCEPT THE PRECEDING TERMS. PARTICIPATING IN THIS AUCTION IS ACKNOWLEDGEMENT OF THE ACCEPTANCE OF TERMS AND INDEMNIFICATION OF CLA AND CLIENTS, AND PROPERTY OWNER !!! Should Bidder and/or Bidder's guests initiate a lawsuit for any reason what-so ever, Bidder agrees to be responsible to any and all costs incurred by CLA and /or Clients, including attorney fees, and shall be personally responsible for the reimbursement of these costs and attorney fees, with out exception.
5. Once auction is complete and Bidder has won the bid, the Bidder is Responsible for merchandise and for full and complete payment. Non-paying or fraudulent bidding will subject Bidder to legal recourse. Should Bidder not pay for merchandise, Bidder shall be responsible for any balance remaining, any collection costs, attorney fees, employee costs, and maximum allowable interest and service charges per IC28-7-5-1,2…38 from the date of Auction. Additionally Bidder authorizes CLA to prepare and submit credit card slips using any of the charge cards given when registering or via phone or email to recover any & all balances remaining,disposal & labor fees, collection costs and any other amounts unpaid. All amounts and judgments unpaid, shall be assessed maximum allowable interestand service charges as allowed per IC 28-7-5-1,2…38. Bidder shall be responsible for any collection and/or legal costs incurred by CLA in the prosecution and/or defense of any collection and/or legal action regardlessof which party initiates action. Any legal proceedings shall be governed by the Laws of the State of Indiana and all proceedings shall take place and be filed in courts of Marion County, State of Indiana. Should Bidder not pay for entire amount due on bill Bidder specifically grants CLA the exclusive right to enter any property, without notice, by any means whatsoever, where the merchandise may be located, and grants CLA the right to reclaim all merchandise purchased at the auction without any liability for Trespass or Property Damage. Bidder will indemnify and defend CLA against any claims of Property Damage or Trespass by property owners. Additionally,Bidder grants CLA the exclusive right to file a Mechanics Lien,without notice, against any and all items purchased. CLA does offer Proxy Bidding Services. CLA may have principal interest in this sale. Seller reserves the right to bid at this auction.
6. Local Pickup Only. NO SHIPPING for this auction. All merchandise must be removed by announced removal date. If a discrepancy is discovered, auction staff must be notified immediately at the time of pickup prior to removal of item(s) from the facility. All costs, responsibility and risk of such removal shall be borne by the successful Bidder. Any merchandise not removed shall be declared abandoned and Bidder loses all right, title & interest in merchandise and shall be responsible for any removal costs & disposal fees. If for any reason successful Bidder fails to remove any purchases within the time specified, CLA shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at successful Bidder's sole risk and expense, without waiving any rights that CLA or Seller may have against successful Bidder. Successful Bidder shall be liable for all storage charges and damages paid by CLA because of the failure to remove the purchase(s). Storage charges shall be assessed by CLA.I understand that CLA or its representatives are not responsible for lost or stolen items per the terms of the sale and provides merchandise checkout merely as a courtesy. If shipping is available for the auction and successful Bidder wishes to have the purchases shipped, all shipping coordination/logistics and costs of same shall be pre-arranged and pre-paid by the successful Bidder. IF YOU DO NOT PICK UP YOUR ITEMS WITHIN THE STATED REMOVAL TIMES AND ARRANGEMENTS ARE MADE WITH AUCTION COMPANY FOR REMOVAL AFTER THESE STATED REMOVAL TIMES A MINIMUM CHARGE OF $50.00 WILL BE ASSESSED TO COMPENSATE CLA FOR ADDITIONAL TIME AND EXPENSE INCURRED. PAYABLE IN CASH, PRIOR TO REMOVAL OF ANY ITEMS. BUYER DOES NOT HAVE THE RIGHT OF ABANDONMENT. ANY ITEMS ABANDONED OR NOT REMOVED FROM THE SALE SITE PROPERTY WILL RESULT IN THE BUYER BEING CHARGED FOR ALL EXPENSES INCURRED IN THE DISPOSAL OF THE ABANDONED ITEMS. THESE CHARGES MAY BE CHARGED TO CREDIT CARD ON FILE. PLEASE BE SURE TO BRING HELPL TO LOAD AND REMOVE PURCHASES, WE DO NOT LOAD !!!
7. All products must be removed in accordance with EPA guidelines. Bidder/Buyer is responsible for Disconnection and Removal of all items. If your items require specialized removal please book an electrician or plumber at your own expense. Bidder/Buyer is responsible for disconnecting at last junction box & capping all electric lines, if applicable. Bidder/Buyer is responsible for properly disconnecting and capping all gas lines at closest joint or shutoff, if applicable. Bidder/Buyer is responsible for properly disconnecting and capping all water lines at shutoff, if applicable. Bidder/Buyer is responsible for ensuring that all property functions effected by the removal of the item/ equipment do not diminish, denigrate or compromise in any way the functionality of the property or the property's mechanical systems. Any costs incurred as a result of the actions of the Bidder/Buyer or its representatives shall be the sole responsiblity of the Bidder/Buyer.
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