Terms and Conditions for Private Estate Auction - "Sold As Is"
These Terms and Conditions ("Agreement") outline the rules and regulations governing the auction of used household and commercial items ("Items") conducted by Paradise Buy and Sell LLC. By participating in the auction, all participants ("Bidders," "Buyers," or "Participants") agree to abide by these terms. It is recommended that you carefully read and understand these terms before participating.
1. Auction Process:
1.1 The auction will be conducted either in-person, online, or through any other specified method. The Auction Company reserves the right to change the format of the auction at its discretion.
1.2 All Items are auctioned "As Is," without any warranties, guarantees, or representations, whether expressed or implied, including but not limited to the condition, quality, fitness for a particular purpose, or merchantability of the Items.
1.3 Bidders are responsible for inspecting the Items before placing bids. No refunds or returns will be accepted due to Item defects, damages, or discrepancies.
2. Bidding:
2.1 Bidders must register with the Auction Company to participate in the auction. The Auction Company reserves the right to approve or deny registrations.
2.2 Bidders are solely responsible for their bids. Bids cannot be retracted, and Bidders will be bound by their bids if they win the auction.
2.3 The highest bidder at the time the auction closes will be considered the Buyer for that Item. In case of any disputes, the Auction Company's decision will be final.
3. Payment:
3.1 Buyers are obligated to pay the final bid amount, along with any applicable taxes, fees, or surcharges, as specified by the Auction Company. Buyers premium 15%.
3.2 Payment must be made within the specified timeframe, which will be communicated by the Auction Company. Failure to make payment may result in the Buyer being banned from future auctions and legal action.
4. Collection and Removal:
4.1 Buyers are responsible for the collection, removal, and transportation of the purchased Items within the specified timeframe. Any costs associated with collection and removal are the Buyer's responsibility.
4.2 Items may be picked up in person at a designated location as specified by the Auction Company. Alternatively, Buyers may choose to arrange shipping for the purchased items at their own expense.
4.3 Buyers opting for shipping must contact the Auction Company to schedule and arrange shipping. The Auction Company will not be responsible for packaging, shipping, or any related liabilities.
4.4 Items not collected or shipped within the specified timeframe may be subject to storage fees or disposal at the Buyer's expense.
5. Disputes and Liabilities:
5.1 The Auction Company does not assume any liability for the accuracy of descriptions, condition, authenticity, or provenance of any Items.
5.2 Buyers agree to release, indemnify, and hold harmless the Auction Company from any claims, losses, damages, liabilities, and expenses arising out of the participation in the auction, the pickup, or shipping of Items.
6. Modifications and Termination:
6.1 The Auction Company reserves the right to modify, extend, or terminate the auction at any time without prior notice.
7. Governing Law and Jurisdiction:
7.1 This Agreement shall be governed by and interpreted in accordance with the laws of the state of Hawaii. Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of Hawaii county.
By participating in the auction, Bidders and Buyers acknowledge that they have read, understood, and agreed to abide by these Terms and Conditions. This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether oral or written.
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