This terms and conditions is a legal binding agreement between the bidder and Tom Roll Auctions will be referred to as Auction Co. and the user or persons will be referred to as bidder or buyer.
Bidders must be at least 18 years of age to participate or register in the auction.
Any bidders participating or registering for the auction agrees to be bound by and accepts these terms and conditions. All bidders must meet the Auction Co. qualifications to bid. Any bidder who is not in good standing with the Auction Co. may be disqualified or declined with such determination made by the Auction Co. in its sole and unlimited discretion, at any time prior to, during, or after the close of the auction.
According to U.C.C. § 2-328 (3). Sale by Auction o U.C.C. § 2-328 (3). Sale by Auction: Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. All items in this sale are offered subject to reserve according to the above statement.
Auction Co. holds the rights to pass, sell, or hold the sale subject to seller confirmation on any and all items in this auction.
All property is sold AS IS, where is, with all faults , and neither the Auction Co. nor any consignor makes any warranties, representations, or guarantees either expressed or implied with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or as an assumption of liability.
Details in the catalog are opinion and are written as an aid to potential bidders. Auction Co. acknowledges that there may be errors in what is listed in the catalog. Auction Co. strongly recommends that the Bidder has an acknowledged expert view the item. All bidders are required to physically or visually either in person, virtually, or by proxy inspect the items during the inspection and preview period for correctness, description, genuineness, authorship, attribution, provenance, period, culture, source, origin, and condition.
The bidder will then rely entirely on their own inspection for any and all bids or opinions given without holding the Auction Co. liable for any and all statements made. All sales are final. There will be no full or partial refunds and no exchanges of any kind. Auction Co. shall determine the highest bidder as the purchaser. In the case of a disputed bid, the Auction Co. shall have sole discretion in determining the purchaser from any of the bids left whether they be the highest bidder or not and may also, at the Auction Co. election, withdraw the lot or reoffer the lot for sale.
The Auction Co. shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder. The Auction Co. also holds the right to terminate the purchase for any reason, even in the event the bidder was given notice that he/she is the high bidder and purchaser, the bidder agrees that the Auction Co. may terminate the purchase or agreement, in which case the Auction Co.'s only liability shall be the return of the highest bid amount the buyer paid with exception to any and all extra cost including but not limited to buyers premium and shipping.
The Buyer expressly agrees to indemnify and sage the Auction Co., consignors and their assigns harmless from an against all claims, losses, expenses, damages or liability, (including but not limited to attorney's fees), directly or indirectly caused by or resulting from Buyers negligent acts or omissions or breech of this agreement, except for damages caused by or resulting from the Auction Co.'s sole negligence.
ITEM REMOVAL: All merchandise purchased must be removed from the premises the day of the scheduled pick-up unless other options are made available in specific auction terms. All merchandise purchased must be removed without damaging any property or altering any property in any way. All costs and responsibility of risk during such removal shall be subject to the Buyer or any persons on the Buyers behalf. The Buyer does not hold the Auction Co. liable for any damages or alternations made to the property after or during the announced removal period. If for any reason the Buyer fails to remove any of the merchandise purchased within the time specified, the Auction Co. shall have the right, in its sole discretion, to resell, discard, or remove and store said property at the Buyers sole risk and expense. Auction Co. may impose a storage fee and buyer agrees to pay the storage expense of $10 per day in the event the items are not removed from the premises. Buyer agrees that paying any and all outstanding balances with the Auction Co. does not in any way relinquish them from any late fees or storage charges in the event the item is failed to be removed within the announced time.
PAYMENT METHODS: Visa / Master Card / Discover / American Express. For "big ticket" items, $2500 or more, purchases, you can pay by cash or cashier's check.
REGISTRATION DEPOSIT: Tom Roll Auctions requires a $1 registration deposit by credit card prior to bidding in order to participate in any auction. The $1 is NOT CHARGED, it is merely held by your credit card Company for the length of 3 to 7 days.
BUYERS PREMIUM: A 15% buyer's premium will be added to each purchase. For example, if you bid $100.00 on an auction with 15% buyer's premium, you will be charged a total of $115.00
SALES TAX: Local Ohio sales tax will be added to your Invoice when applicable. Please refer to the auction-specific Terms.
TIME OF PAYMENT: Your credit card will be automatically charged for your full invoice amount at the conclusion of the online auction.
SHIPPING: Auction Co. does not ship items unless specified in auction-specific terms. We recognize that many bidders will be in need of a shipping service. Tom Roll Auctions uses third party shippers and movers. Small items will be taken to the local UPS Store for packaging and delivery. Buyer shall assume all costs for said packaging and delivery. To receive a quote please contact the Sidney UPS store.
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