Truck Tractor - Online Auction
Auction Site: 459 Cargill Rd., Kilgore, TX 75662
AGREEMENT BETWEEN BIDDER AND AUCTIONEER
AKA TERMS AND CONDITIONS
READ CAREFULLY AND COMPLETELY AS ALL AUCTIONS ARE DIFFERENT
These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and nineteen numbered paragraphs that outline the relationship between you ("the Bidder") and Jones Swenson Auction Marketing, Inc. dba Jones Swenson Auctions ("Auctioneer").
If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions.? Such certification will function as your legal and binding electronic signature.? If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.? Please make sure you register with a good cell number. Auctioneer must be able to reach bidders by phone on the day the auction closes to arrange payment.
Inspection / Preview time: April 12 & April 15, 2024 from 10:00 AM - 2:00 PM CT only.
1. This is a Public Auction. By registering to bid in this auction, you acknowledge and agree to these terms and conditions. Lots begin closing in numerical order at 10:00 AM CT on Tuesday April 16, 2024 and will close one lot every 2 minutes, with extended bidding in effect. Bidders must provide a valid credit card to register to bid online.
2. Payment - Payment must be made by wire transfer or Bank ACH within 48 hours after the auction closes. Winning buyers will receive an email with their invoice and wiring instructions within one hour after the auction ends. Buyers will also receive a call from the Auction Office to confirm they received their invoice and wiring instructions. This telephone confirmation is important. Buyers should be available by cell phone (or other phone number provided at registration). Once total amount due is received in Auctioneer's account, a paid invoice will be emailed to buyer confirming process of payment. BRING YOUR PAID RECEIPT WITH YOU TO PICK-UP YOUR TRUCKS. Payment must be received by 2:00 PM CT April 18th, 2024. A paid invoice will be required to remove trucks. No trucks may be removed until payment is made in full.
2 a. False Bids: Any High Bidder that fails to complete a transaction will be held responsible for all damages resulting from that action. High Bidder understands and agrees that they will be personally responsible for all deficiencies - and all legal, collection, transportation, and storage expenses - associated with their delinquent account and/or abandoned items.? In the event of resale, high bidder agrees to pay any cost associated with the resale as well as any deficiency between the original purchase price and the resale price.
3. Buyer's Premium: A 10% Buyers' Premium will be added to final bid to arrive at the total price for each truck purchased.
4. Texas Sales tax will not be charged at this auction. Buyers are responsible for paying sales tax when they transfer title.
5. Removal: Tuesday April 23rd, 2024 only, from 9am - 3pm. If you cannot remove your trucks on this date, please do not bid. AUCTIONEER DOES NOT OFFER ASSISTANCE WITH REMOVAL. Bring whatever equipment or wrecker and personnel that you need for removal. Bring your paid receipt for removal. Any trucks remaining after removal day will be charged a $100 per day rental fee.
6. Late Removal: NOTE: In the event a buyer requires access to the auction site after removal day, April 23, 2024, buyer will be required to pay a $450 cash fee along with total rental fee before truck can be removed.
7. Wrecker: If buyer wishes to hire or contract with a wrecker service or other type of outside contractor, to move a truck, that will be at Buyer's cost and responsibility.
8. Everything is sold "As-Is,": All trucks in the auction are being sold, "as is, where is" without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description regarding the items to be sold should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are NO REFUNDS OR RETURNS.
8a. Vehicle Titles: Truck titles will not be available at removal, but will be mailed to the buyer via Priority Mail to the address used in bidder's registration within ten (10) business days after the auction. Clear titles (liens removed) are guaranteed by the seller / secured creditor.
9. Bidder's Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the trucks being offered for sale in this auction.? The Auctioneer?strongly encourages?you to attend the scheduled inspection for this auction, which will take place on?the date listed above.? If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly.
10. Choose Wisely: We want everyone to get a good deal and most will. ?However, when you bid on the wrong item or decide an item is not suited for your intended use, our sellers will not assume the cost of your mistakes.??You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer.
11. Buyer is Responsible: Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys' fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction.
12. Default and Resale:? You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default.? If you still fail to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price.
13. Disposal of Unclaimed Trucks:? In the event you refuse to pay for or abandon any truck that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned truck.? Buyer understands and agrees that you will be personally responsible for all deficiencies - and all legal, collection, transportation, and storage expenses - associated with your delinquent account and/or abandoned items.? In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. SELLER reserves the right to resell or otherwise dispose of said item(s) at SELLER'S sole discretion, with no refund to BUYER of any monies received.
14. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and Conditions - and/or any unsafe or illegal activity during any auction-related event - may result in the Auctioneer's suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity.
15. Internet Problems: Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. Auction lots will not be re-sold or brought back up for bidding because of internet problems. If you have issues with placing bids, please contact HiBid Customer Service directly (352) 414-1947.
16. Missing Items or Items That Cannot Be Sold: In the event a truck sold in the auction is found missing or is determined to be unavailable for sale or the seller does not have legal right to sell, prior to removal, the Auctioneer/Seller will only be responsible for the refund of the purchase price and buyer's premium paid. Buyer agrees that the only compensation due them will be the refund of actual money paid.
17. Claims and Choice of Venue:? Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in Travis County, Texas, or in the Federal District Court for the Western District of Texas, where federal jurisdiction exists. Each party hereby submits to the jurisdiction and venue of such courts.?You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party.? You agree that any judgments awarded may be applied to and collected from you personally or corporately. ?Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs.? Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney's fees. These Terms and Conditions will be governed by and construed under the laws of the State of Texas.
18. Changes to Terms & Auction Catalog: Seller and Auctioneer reserve the right to make changes to these terms & conditions and to remove trucks from the auction at any time prior to the close of the auction with notice of any change being posted on the auction catalog.
19. Entire Agreement:? These Terms and Conditions contain the entire agreement between the Auctioneer and the Bidder and supersede any prior oral or written agreements relating to the same subject matter.
For questions, please contact auction office: (512)261-3838 or Info@JonesSwenson.com
Apply For Financing
Get Shipping Quotes