All bidders and other persons participating in this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby.
10% Buyer's Premium applies on all purchases
If the lots have a reserve the seller has the right to accept or reject the highest bid if the reserve is not met. Once the reserve is met the lot will sell to the highest bidder.
All other lots sell absolute to the highest bidder.
All items are sold "AS IS, WHERE IS" with no warrantee on condition or authenticity. It is the responsibility of the bidder/buyer to have thoroughly inspected any and all items prior to bidding, to have satisfied themselves as to the condition and value in order to bid based upon that judgment solely. Seller and/or auctioneer assumes no responsibility for any repairs regardless of any oral statements about the item from any agents or employees of either entity.
1. IDENTIFICATION: All participants and purchasers are required to give full name and address.
2. PAYMENT: LIVE BIDDERS: Cash, Certified Funds, Credit/Debit Card w/ 3.5% Additional Buyer's Premium
Checks from ESTABLISHED customers of Peterson Auction (Equipment will be released once the check clears.)
ONLINE BIDDERS: Credit/Debit Card w/ 3.5% Additional Buyer's Premium or ACH Electronic Check (No Additional Fee). If an online bidder wishes to pay cash we will be on location at the Fireman's Grounds until 4PM for payment at the auction office.
3. TIME OF PAYMENT: Payment must be made at the conclusion of the auction. Each purchaser will be required to make full payment in USD on each lot purchased by the end of the designated removal date and time. The full purchase price of all lots to the same buyer must be paid within the time fixed and before removal of any goods. In default of such payment, a 10% of final bid price received (minimum $300) non-payment fee will be charged to card on file. The auctioneer and seller reserve the right to immediately relist and/or sell items. Any and all defaulted bidders are excluded from bidding in future Peterson Auction & Realty LLC. auctions.
4. REMOVAL: All items must be removed no later than Wednesday, April 26nd at 4PM. Removal shall be at the expense, risk and liability of the purchaser. Peterson Auction & Realty LLC. and Seller are not responsible for providing tools, manpower or equipment to aid in removal of purchased items. Purchases will be delivered only on presentation of paid bill.
5. CONDITION OF ARTICLES SOLD: The Auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside, nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES. ALL ARTICLES ARE BEING SOLD "AS IS" AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE AND CONSEQUENTIAL DAMAGES ARISING THEREFROM.
6. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser's responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
7. INDEMNIFICATION: Purchaser agrees to indemnify and hold the Auctioneer and Seller harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom.
8. CLAIMS: No claims will be allowed after removal of goods from premises.
9. RESPONSIBILITY FOR NON-DELIVERY: The Auctioneer or Seller shall not, in any event, be liable for non-delivery of any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the sum of amount paid on said lot, should the purchaser be entitled thereto.
10. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice.
11. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer or seller from liability here for. Neither the Auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
12. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed and reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk.
13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: Where items are sold by estimated weight, count or measure, Peterson Auction & Realty LLC. or Seller are not responsible for any shortage or overage.
14. OPENING BIDS: The auctioneer reserves the right to reject all bids on lots upon which there is an opening bid, that do not meet or exceed the opening bid amount.
15. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.
16. AGENCY: The auctioneer is acting as agent only and is not responsible for the acts of its principals.
17. SALES TAX: Purchaser shall also pay all applicable sales or use taxes imposed by all taxing authorities on such transactions. Items are taxed based on location at time of sale, NOT BY LOCATION OF PURCHASER.
Tax Rates: Chautauqua, Wyoming, Allegany, Niagara, Genesee, Livingston, Monroe & Cattaraugus Counties, New York - 8%, Erie County, New York - 8.75%, All PA Counties - 6%
18. BANKRUPTCY: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the auctioneer, the sale may be voided.
19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.
20. SHIPMENT: Local pickup only.