Auction Terms & Conditions of Bidder Participation
Thank you for your interest in this Online Auction. These are the Terms and Conditions on which all property is offered for sale, subject to amendments and modifications announced by Auction Advisors (“Auctioneer”) at the time of the auction and posted on the website. By bidding in this auction, prospective bidders agree to be bound by and comply with the following Terms & Conditions and acknowledge and agree that they are being allowed to participate at this auction in reliance on such agreement.
1. REGISTRATION. Bidders must be registered with: www.auctionadvisors.hibid.com and approved for bidding by Auctioneer. By registering you represent and warrant that any and all Buyer information you have provided is true & correct in all respects. Auctioneer reserves the right to deny any registered bidder at any time at its sole and absolute discretion without notification.
2. INSPECTIONS: Bidders may by appointment only inspect the offering on Tuesday May 30th from 10AM to 3PM at the warehouse: 97 Dewitt Street, Garfield, NJ. In order to make an appointment and gain access, bidders must email: jcamilleri@auctionadvisors.com.
3. AS-IS WHERE-IS SALE. ALL SALES ARE FINAL, ON AN "AS IS WHERE IS", "IN PLACE" "WITH ALL FAULTS" BASIS WITH NO CONDITIONS OR WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO TITLE, DESCRIPTION, FITNESS FOR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER SHALL HAVE NO LIABILITY FOR ANY MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER MATERIAL OR IMMATERIAL, OR WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT, ORAL ANNOUNCEMENT OR OTHERWISE.
4. DESCRIPTIONS. THE AUCTION CATALOGUE IS MERELY A GUIDE. DESCRIPTIONS HAVE BEEN PREPARED IN GOOD FAITH FOR GUIDE PURPOSES ONLY BUT SHALL NOT BE RELIED UPON BY ANY BIDDER FOR ACCURACY, GENUINENESS, AUTHENTICITY OR COMPLETENESS. BIDDERS MUST INSPECT ALL ITEMS BEFORE BIDDING. BIDDERS ACKNOWLEDGE AND AGREE THAT THEY HAVE RELIED ENTIRELY UPON THEIR OWN INSPECTIONS AND INVESTIGATIONS WITH RESPECT TO ANY ITEMS BEING BID ON.
5. AUCTIONEER RESERVES THE RIGHT TO ADD, ALTER, OR REMOVE ANY ITEM(S) TO OR FROM THE AUCTION AT ANY TIME AND SHALL UPDATE THE CATALOGUE ACCORDINGLY.
6. *PAYMENT IN FULL. Invoices for payment of full amount owed will be issued promptly after the auction. All invoiced amounts must be paid in full immediately but in no event later than the second business day after the auction. TIME IS OF-THE -ESSENCE with respect to such date. NOTHING SHALL BE REMOVED FROM THE PREMISES UNLESS AND UNTIL A BIDDER HAS PAID ALL OF ITS INVOICES IN FULL. BUYERS ARE ENCOURAGED TO PAY INVOICES ONLINE PRIOR TO PICK UP. ***Government, Municipalities, Towns, School Districts and other public entities may bid and pay with a purchase order (PO).
7. *FORM OF PAYMENT. No personal or business checks will be accepted unless pre-approved by Auctioneer. Only cash, cashier’s checks, wire transfer, pre-approved business checks and credit cards (credit cards subject to $3,000 limit and convenience fee - see below) will be accepted.
8. CREDIT CARD FEE. Payments by way of Credit Card will ONLY be accepted for purchases and deposits which do not exceed $3,000, subject to Auctioneer’s discretion. A credit card convenience fee of 4% shall apply to credit card purchases.
9. REMOVAL TIMES TO BE SET BY AUCTIONEER. Removal shall take place by appointment only beginning Wednesday June 7th through Saturday June 10th. Pickup times are 10AM to 4PM. Bidders will be able to book an appointment through a link which will be sent with your invoice.
10. REMOVAL MUST BE DONE IN A COMMERCIALLY REASONABLE MANNER. Successful bidders and/or their agents may be required to sign a Waiver & Release prior to any removal. Removal of items must be done in a commercially reasonable fashion in accordance with industry practices.
11. REMOVAL AT BIDDERS COST AND EXPENSE. All items must be removed by the successful bidder at their own cost and expense. After the time frame set forth on the Auctioneer schedule of move-out dates, the Auctioneer will no longer be responsible. Please be forewarned that in the case of a default (either in payment or pick-up obligations), the auction company reserves the right to resell any and all unclaimed items and the defaulting bidder will not only forfeit his deposit but bear the responsibility of any shortfall in case of resale, and also all costs and expenses associated with the default as well as all auctioneer’s fees and commissions. Bidder may either pick up their items at the designated auction site personally or can arrange for a third-party logistics firm to manage the removal process for them. If someone other than the registered bidders at the sale is designated to pick up those purchased assets, the bidder must contract with an independent logistics firm or other representative who will dismantle, crate, pack, load and/or ship your purchased items; coordinate the removal of those purchased items to meet the time deadlines indicated of this auction and authorize the auction company to release items to a third-party contractor for shipping, crating or packing purposes.
12. ALL BIDS ARE FINAL. All sales shall be concluded as indicated by the Auctioneer and no Bidder may thereafter revoke their bid. Title to the lots purchased shall not pass until payment in full of the purchase price is received.
13. BUYER’S PREMIUM. A fifteen percent (15%) buyer’s premium is in effect for all successful bidders at this auction.
14. AUCTIONEER FINAL ARBITER. The Auctioneer is the final judge in case of a dispute. The final posting on auction day made by the auctioneer will take precedence over any previously printed materials. Auctioneer has the right at its sole and absolute discretion (should Auctioneer so choose to exercise it) to reject any and all bids Auctioneer deems unreasonable, entertain a bulk bid, a mini bulk bid or any package of lots. Further, Auctioneer may at its sole discretion set and/or alter bidding increments at any time.
15. BIDDER PARTICIPATION AT DISCRETION OF AUCTIONEER. All bidders must be at least 21 years of age. The auctioneer reserves the right to deny admission to the auction to any person the auctioneer deems to be abusive, disorderly, intoxicated or non-compliant with the terms and conditions for the auction, or a potential threat to be such or any individual who the Auctioneer, at its sole discretion, deems to be potentially disruptive to the auction or who the Auctioneer believes, at its discretion, cannot reasonably be relied upon to comply with these Terms & Conditions. At its sole & absolute discretion, the auctioneer has the right to deny registration to any online bidder.
16. THIS SALE IS SUBJECT TO ASSIGNEE AND COURT APPROVAL.