ADAM BREAULT AUCTIONS ONLINE AUCTION TERMS & CONDITIONS
By registering and bidding on any item, the bidder/buyer shows acceptance of the following terms and conditions. Do not register or bid unless you agree to all the terms and conditions:
REGISTRATION: All information provided by bidder/buyer during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. Adam Breault Auctions, at its sole discretion, may deny registration to any person or entity.
DISCLAIMER: All lots are sold "AS-IS, WHERE-IS", with all faults, imperfections and errors. Adam Breault Auctions and the seller(s) do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Adam Breault Auctions encourages all bidders to inspect lots in person before bidding. Adam Breault Auctions has put forth every effort in preparing the catalog for every auction to provide accurate descriptions of all items, however, it is the bidder's responsibility to determine the condition and suitability of each lot. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Any bidder's failure to inspect, or to be fully informed on the quality or condition will not constitute grounds for any claim, adjustment, refund, termination of the purchase contract, or refusal to close the sale. If you are unsure about any of the Term and Conditions, pricing, or how to bid; IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, Adam Breault Auctions URGES YOU TO NOT BID.
CONDUCT OF THE AUCTION: Conduct of the auction and increments of bidding are at the direction and discretion of Adam Breault Auctions. Adam Breault Auctions reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. WE ACT ONLY AS AGENTS FOR THE SELLER. Sellers or their agents reserve the right to bid on their own behalf to protect their investment(s). All decisions of Adam Breault Auctions are final.
MAX BID: When you place your maximum bid, the current bid price doesn't automatically jump to your max bid. Your bid will go to the next highest increment and will be increase as other people bid against you. The computer will automatically bid up to your max in the increments specified. By placing any bids, you have agreed by legal contract that your bid or max bid is what you are willing to pay for that specific lot(s) and may have to pay full bid or max bid amount of any bids placed. The buyer agrees and is responsible for every bid amount placed. Remember, Adam Breault Auctions or anybody for that matter, DO NOT force you to place any bid, you and you alone are responsible for your actions. Please bid accordingly.
BUYER'S PREMIUM AND SALES TAX: Unless a specific auction states otherwise, a 15% buyer's premium will be charged on all items and lots. Every bidder/buyer pays the same buyer's premium and should bid accordingly. For example, if you bid $100 on an item at the auction you will be charged $115 for the item on your auction invoice. Please take this into consideration when bidding. NO SALES TAX.
AUCTION ENDING: Beginning at the stated closing time, the auction software will conclude bidding for one lot every few seconds in catalog order with the following exception: if a bid is placed in the last two (2) minutes remaining for that auction lot, bidding for that lot will automatically extend the auction for additional two (2) minutes. Some lots may be grouped together so that a bid on one lot will extend the time on all lots in that group. An e-mail of invoice will be sent to the winning bidder/buyer of each auction after auction has completely closed.
PAYMENT: All buyers must pay for their purchases in full within the scheduled removal dates after auction ending. Cash, Check, Currency Pay or Credit Cards are accepted. Merchandise becomes the full responsibility of the bidder/buyer at time of payment and the bidder/buyer assumes all risk of loss and damage to property at that time. All Items NOT PAID FOR BY THE CLOSE OF AUCTION PICKUPS, WE WILL CHARGE THE CREDIT CARD USED TO REGISTER. Please check the auction details before placing your bid. If item is not picked up within the scheduled pickup times, they will be forfeited, no exceptions. Make checks payable to Adam Breault Auctions. Adam Breault Auctions reserves the right to hold items paid for by personal check until said check clears. Adam Breault Auctions has the right to hold all checks over $1,000.00 unless a letter of credit is provided from the bank. Please note: Customers who have an established successful buying history with Adam Breault Auctions may be exempt from this. There will be a $30.00 service charge for returned checks.
ITEM PICK UP & REMOVAL: All successful bids must be picked up within scheduled removal dates of that specific auction unless other arrangements have been made. No items can be removed until Adam Breault Auctions has received and acknowledged payment in full. Any items not picked up by scheduled removal dates (for that specific auction) will be forfeited. Adam Breault Auctions reserves the right to resell any property not paid for in full by the conclusion of the stated removal period. Buyers are responsible for rigging, loading, packaging and removal of all items purchased without assistance from Adam Breault Auctions. All Items NOT PAID FOR BY THE CLOSE OF AUCTION PICKUPS, WE WILL CHARGE THE CREDIT CARD USED TO REGISTER. IF THE CREDIT CARD ON FILE IS DECLINED, ITEMS MAY BE SUBJECT TO FORFEITURE.
SUSPENSION / PERMANENT BAN: A bidder/buyer will be suspended or permanently banned from Adam Breault Auctions Online Auctions for providing false or fraudulent information when registering. A bidder/buyer will be permanently banned from Adam Breault Auctions Online Auctions for failing to honor the "REMOVAL" terms made under that bidder/buyer registration.
TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Adam Breault Auctions reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Adam Breault Auctions shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
BEFORE THE AUCTION: You may attend pre-sale viewing for all of our auctions. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly.
IMPORTANT NOTE: Your bid is a legally binding contract, no exceptions. Winning bidder agrees to indemnify and hold harmless sellers, auctioneers, auctioneers employees, auction company owners, directors, etc. etc. from all claims, fees, judgments, expenses, disputes, legal fees etc. etc.
If you fail to pick up your items on the load out day and don't contact us we will bill your credit card used upon registration for this auction.
Legal Courses of Action: Internet bids are a contract and you are responsible for honoring them. If you cannot satisfy the terms of the auction please do not bid. Every legal remedy available may be used to insure the performance of winning bidders. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each seller and auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses including reasonable attorneys' fees and expenses related to, arising from or associated with buyer's, his agents or representatives, use of the site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, and arising out of, based upon, or resulting from any breach or violation by bidder of this site user agreement or any use by bidder of the site or as a result of a dispute with another bidder.
Limit of Liability: In no event will our liability to a purchaser exceed the purchase price actually paid. Auction company cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The auction company, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction or for any other reason. The decision of the auction company is final. Auctioneer is providing services as an independent contractor for the owner/seller only and is not responsible for statements made by other parties.
Bid Rejection and Reserves: Adam Breault Auctions reserves the right to reject any and all bids if they so choose.
Merchandise Removal or Forfeit: Buyer shall be responsible for making arrangements for merchandise removal during normal business hours following the auction. If a buyer does not pick up their items within the designated pickup times, Adam Breault Auctions reserves the right to suspend bidding for future auctions as well as charging the full amount of the purchase on buyer's credit card. Adam Breault Auctions also reserves the right to resell any property not removed during the removal times even if paid in part or in full.Adam Breault Auctions will consider the items abandoned and no refunds will be given. Buyer may also be responsible for reselling fees, storage fee and any deficiencies as a result of reselling or disposing of abandoned items. Note: It is the buyer's responsibility to remove purchases from seller's premises. Buyer’s should be prepared to wrap, load, lift, and haul their purchases. Please plan accordingly. Auction company, sellers or their agents shall not be responsible for any damage to item, vehicle/trailer or personal injuries incurred on sale premises or during removal and transport.
Payment: Buyers can pay with cash, check, or credit card at the time items are picked up. There is a 5% discount for paying with cash or check. Charge cards are automatically processed unless otherwise noted in the Notes to Auctioneer section upon registering.
Shipping: We offer in-house shipping on smaller items (up to 70 pounds via UPS) to the continental US. WE DO NOT SHIP INTERNATIONALLY. We will charge the actual shipping/insurance costs and for the packing materials. There will also be a modest handling fee. If you wish to have us ship to you after an online auction, please email your credit card number and shipping information to us at abreault@adambreault.com or call us at 989-329-0399. The charges will include the following: Your invoice for the auction item or items won; our handling fee, and the UPS shipping fee. We do not price shipping charges in advance, we prep it for shipping, weigh it, and send it. In your email, please indicate your (1) buyer’s number, (2) date auction closed, (3) items you wish shipped, and (4) the best way to contact you. We will do our best to have your items shipped within 7 business days after payment has been received.
Assessment of Condition: Most descriptions on our online auctions are provided by the sellers and bidders should rely solely on personal inspection and not on information listed on the site or otherwise provided by auctioneer or seller. Bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale.
Adam Breault Auctions Right to Terminate Purchase: If for any reason Adam Breault Auctions is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that Adam Breault Auctions may terminate the purchase/agreement, in which case Adam Breault Auctions only liability shall be the return of any monies actually paid by buyer. This reason for termination would also include a missed reserve or minimum price or the seller's unwillingness to release said item. Adam Breault Auctions also reserves the right to settle all disputes that may arise between bidders, sellers or auction company. In the event that the written description of a listed item is in contrast with (or is in any variation from) the pictures accompanying the auction listing, it is at the discretion ofAdam Breault Auctions as to whether or not the sale will be completed or terminated.
Adam Breault Auctions Right to Suspend Bidding: Auction company may for any reason suspend a bidder's bidding privileges, without notice, if they feel it is in the best interest of the auction company or the seller. A bidder's bidding privileges will be suspended or permanently terminated if the bidder provides false information when registering to bid. Auction company may also suspend bidding for any reason on an individual item or the entire auction.
Consent to Suit in Michigan:In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer also agrees that venue shall be in Gladwin County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties' transaction hereunder.
You Must be at least 18 years old to place a bid. DO NOT BID UNLESS YOU AGREE TO ALL OF THE TERMS ABOVE. BY BIDDING YOU ARE ACKNOWLEDGING AGREEMENT WITH THE TERMS ABOVE.
Please contact us for any additional questions.
Adam H. Breault - Owner/Auctioneer
Adam Breault Auctions
(989) 329-0399 (call or text)