MAGIC VALLEY AUCTION LLC BUYERS' TERMS AND CONDITIONS
1. BIDDERS MUST BE AT LEAST 18 YEARS OLD TO REGISTER TO BID AND TO BID. POTENTIAL BIDDERS THAT HAVE HAD BIDDING PRIVILAGES REVOKED BY OTHER AUCTIONS OR WITH A NEGATIVE BIDDING SCORE, WILL NOT BE GRANTED BIDDING PRIVILAGES.
2. ALL SALES ARE FINAL. BUYERS ARE RESPONSIBLE AND ENCOURAGED TO INSPECT ITEMS BEFORE BIDDING. BUYERS INABILITY TO INSPECT DOES NOT NEGATE RESPONSIBILITY TO INSPECT.
3. ALL ITEMS ARE SUBJECT TO A 10% BUYERS PREMIUM PER ITEM UP TO $1000.00.
4. NO WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT GUARANTEE OR WARRANTY OF ANY KIND.
While descriptions are believed to be accurate, neither Magic Valley Auction LLC nor the seller make any warranty or guarantee, expressed or implied. Magic Valley Auction shall not be held responsible for advertising discrepancies or inaccuracies. All sales are final. No warranties are made as to the merchantability of any items or their fitness for any purpose. Magic Valley Auction LLC reserves the right, in its sole discretion, to make changes to the auction site at any time without notice. MVA agents, employees, or representatives are not authorized to express or imply equipment/item(s) condition or fitness.
5. FULL PAYMENT IS DUE WITHIN 72 HOURS OF THE AUCTION CLOSING AND PRIOR TO ITEM REMOVAL. U.S. Funds Only: Cash, Cashier's Check, Credit Card, or Wire Transfer payable to Magic Valley Auction, LLC will be accepted. Credit and Debit Cards will be charged a 4% processing fee. A charge of $25.00 will be added to any Wire Transfer to cover bank fees. Personal or company checks must be accompanied by a bank letter of credit guaranteeing payment. Bank drafts will not be accepted. Any invoice not paid within 3 days of the sale day will be charged a 10% late fee unless prior arrangements are made with Magic Valley Auction. NO PERSONAL, BUSINESS CHECKS OR CREDIT CARDS WILL BE ACCEPTED FOR: (A) ANY TITLED ITEMS; OR (B) ANY INVOICES OVER $5000.00. **ALL INVOICES FOR: OUT OF STATE BUYERS; TITLED LOTS; AND/OR INVOICES FOR $5000 OR MORE REQUIRE CERTIFIED FUNDS- CASHIER CHECK, BANK LETTER OF GUARANTEE OR BANK WIRE**
6. DEFAULT OR NON-PERFORMANCE PENALTY- Bidder acknowledges that AN ADDITONAL 15% of the full amount of the invoice will be charged as a DEFAULT PENALTY (with a minimum of $500) in the event of any default or non-performance of the purchase of any item that is the subject of a Bidder's winning bid unless cured within 10 days after the auction. If said default or non-performance is not remedied within ten days of the auction, CREDIT CARDS ON FILE WILL BE CHARGED THE FULL AMOUNT OF INVOICE together with the additional fee set forth in this paragraph. FINANCING AND INSPECTIONS need to be completed prior to Bidding. Magic Valley Auction and/or sellers reserve the right to pursue legal remedies. BY PLACING A BID, THE BIDDER UNDERSTANDS IT CANNOT BE RETRACTED AND AGREES TO THIS LEGAL NOTICE.
7. At the time the buyer has won the bid, the buyer is deemed the owner, and has full and sole responsibility for the item(s) at this point. Removal and shipping of the equipment and inventory is the buyer's sole responsibility. Buyers must supply their own handling equipment and personnel. The buyer is responsible for any damage that occurs during removal. It is the buyer's responsibility to secure all equipment to meet all applicable government safety standards in using or removing items purchased.
8. LOAD OUT: Load out is the Thursday, Friday, and Saturday following the auction from 9 am to 5 pm. No item on any account shall be removed or shipped prior to full payment. Removal shall be at the expense, risk, and liability of the buyer. Magic Valley Auction shall not be responsible for items not removed within the time allowed when applicable. If items are not removed within the specified removal time, buyer shall be liable for moving and storage costs incurred, or the item(s) may be deemed abandoned and sold.
9. The buyer shall not be entitled to possession of any of his purchases until total purchase price for all his purchases have been fully paid, and in the event the purchaser fails to pay the full purchase price for any lot within the prescribed time or fails to comply with other sale terms, Magic Valley Auction shall retain a possessory lien on all items/lots of the buyer, and have the right to resell such lots by public or private sale after seven days without notice of any kind to the buyer. Any deficiency arising upon the resale, together with all expenses thereof, shall be paid by the buyer. Any auction deposit shall be retained by Magic Valley Auction and applied towards the deficiency. Forfeiture of the deposit does not release the buyer from full payment.
10. Any account disputes claims must be made prior to removal of item(s). No adjustments will be allowed after purchased item(s) are removed from the premises.
11. Sales Tax will automatically be added to the purchase of all items sold. Tax will be collected on the final bid amounts and buyer premiums. Tax exempt buyers must complete a tax exemption form for each auction prior to the time of payment. Dealers who purchase for resale must present their resale tax certificate to Magic Valley Auction during bidder registration/prior to time of payment. A new tax exemption form is required for each auction.
12. Titles are subject to Idaho rules which may differ from other states and may require further processing by the buyer. MVA/seller is not responsible and may not be able in some cases to provide documentation required by other states.
13. Buyer(s)/Purchaser(s) does hereby indemnify and hold harmless Magic Valley Auction, their agents and seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal or shipping of item(s) purchased.
14. Magic Valley Auction and the seller shall have no liability to the buyer of any item for non-delivery of any purchased item(s), other than the return of the buyer's deposit or payment on the item(s) if applicable.
15. Any announcement made on the day of the sale supersedes all printed material. Magic Valley Auction reserves the right to reject the bid of anyone for any reason.
16. Buyers participate in the auction and use the website at their sole risk. Magic Valley Auction shall have no responsibility for internet bidding issues, interruptions, or delays beyond control. Internet bidders are aware that due to the nature of the internet, delays in transmission could result in failure of the system to recognize your bid.
17. COLLECTION OF BUYER INFORMATION- Magic Valley Auction LLC uses and discloses customer information on its website and through HiBid bidder registration. By acceptance of these terms and conditions, Buyers agree to the collection of this information and ongoing auction advertising via email, phone, SMS, mailings and other forms of advertising. For more information go to Magic Valley Auction LLC Privacy Policy on the website www.mvaidaho.com.
BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AUCTION, YOU ARE ENTERING INTO A BINDING CONTRACT AND IF YOU'RE THE HIGHEST BIDDER ON ANY ITEM YOU WILL BE REQUIRED TO PAY FOR THE ITEM(S) IN ACCORDANCE WITH THE TERMS SET FORTH IN THE TERMS AND CONDITIONS OF SALE. BIDDER/BUYER AGREES TO CHARGE THE CREDIT CARD ON FILE FOR LATE INVOICES, LATE FEES, STORAGE, DEFAULT PENALTIES AND ANY EXPENSES INCURRED IN PURSUING PAYMENT.
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