Auction Terms & Conditions
INFORMATION FOR THIS AUCTION:
THERE ARE HEAVY ITEMS INCLUDED IN THIS AUCTION, ONLY THE AUCTIONEER AND CASHIER WILL BE ON-SITE. NO LOAD HELP AVAILABLE, BRING TRUCKS AND STRONG PEOPLE TO REMOVE ITEMS. NO SPECIAL APPOINTMENTS WILL BE MADE. THIS IS A PRIVATE RESIDENCE. YOU MUST BE ABLE TO PHYSICALLY REMOVE YOUR WINNINGS WITHOUT STAFF ASSISTANCE.
ARTWORK: WE DO NOT SHIP ARTWORK IN-HOUSE WE WILL DROP OFF YOUR ARTWORK AT THE UPS -STORE OR A SHIPPER OF YOUR CHOICE FOR A SMALL FEE. WE ARE NOT RESPONSIBLE FOR YOUR LOTS WON AFTER THEY ARE DROPPED OFF AT THE SHIPPER.
Pickup is a fixed time pickup from 10am to 4pm only, if you cannot make your pickup time, please don't bid, we cannot make special arrangements, if you fail to pickup your items will be considered abandoned and you will no longer be able to bid with us, shipping is offered on smaller lots only, we do not ship artwork.
If you have any questions about items please email us before bidding. All sales are final as is where is condition, preview offered by appointment.
Auction Terms & Conditions Conditions of Sale
All sales are final and all property is sold "As is, Where is.” It is the bidder’s responsibility to determine condition and usefulness of the item before purchase. We attempt to describe all these items to try to give you a visual of the item you are bidding on. We describe them to the best of our ability and many times rely on limited information. If you have questions or are not sure about the condition of or anything pertaining to an item in our auction please do not hesitate to email us with questions at thomasauctionstexas@gmail.com
Buyers Premium
3. TOA charges a flat 18% buyers premium. All Auto Sales Are Charged 10% Buyers Premium
Bidding
A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agree to be bound by them.
Payment
We accept Zelle, Venmo, Direct Bank Wire and Cash at pickup and credit cards. Tax exempt you must provide your tax exempt form before sales taxes will be removed. If paying cash at pickup just let us know when you register. Credit card on file will be run at the end of the auction unless told otherwise by bidder.
Authenticity
Though all descriptions are believed to be correct, neither TOA nor any consignors makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc.
Auction
TOA owners, employees and consignors reserve the right to bid on any items in auction. The auctioneer shall not be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals.
Shipping
Shipping offered in-house on smaller lots, see disclaimers regarding shipping at the top of this document.
Governing Law
The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Dallas County courts and the Northern District of Texas.
Indemnification
Buyer shall indemnify Thomas Online Auctions and it's affiliates against any claims, damages, or liability (including reasonable attorney’s fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. Buyer agrees to indemnify TOA for any damages or losses. Buyer will not hold Thomas Online Auctions, its owners or its employees, liable for accidents, injury, theft, or incidents related to this purchase.
AuctionFlex
AuctionFlex sets up each user on this website and collects all user information. AuctionFlex does provide Thomas Online Auctions with user name and contact information.
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