Lot # : 5 - Hard Tire Hand Truck

Terms & Conditions: 1. BUYER(s) PREMIUM: A 15% "Buyer(s) premium" is added to every purchase. If your winning bids total $100.00, you will be charged $115.00. A 4% Surcharge will be added to the CC payment. 2. Sales tax: Sales tax at checkout will be added to the successful bidder(s) and buyer(s) high bid and included in the total purchase price. A 7.25% North Carolina Sales Tax will be charged unless you have a valid NCDOR Tax Exemption Form E595E on file with AuctionUbid, LLC. The bidder (s) Buyer (s) understand I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of federal, state, and local tax codes for any items sold as tax-exempt or for resale. I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know, at the time of purchase, will be used in a manner other than that expressed in this certificate and, depending on the amount of tax evaded, the offense may range from a class c misdemeanor to a felony of the second degree. 3. Bidding: This contract is between the person who registered to bid via this online platform, bidder (s) and Buyer (s), and Auctionubid, LLC. Bidder(s) and Buyer(s) agree that the terms summarized on this registration are set forth fully in the auction catalog. Bidder(s) and Buyer(s) must be 18 or older to participate in the auction. Bidder(s) and buyer(s) inspection is encouraged. You are encouraged to preview items and sift through them before bidding. By placing a bid, the bidder (s) and Buyer (s) signify that they have examined the items satisfactorily or have chosen not to examine them personally.Live / simulcast/ timed online auction additional terms—Auctionubid, LLC, and its employees act merely as sellers' agents. All auctions are (with reserve) unless expressly stated otherwise. Reserves, if any, are not disclosed in a sale with reserve. The Auctioneer, Auctionubid, LLC, may bid on the reserve item up to and including the amount of the reserve price without the intent to purchase the item. The current condition is shown and noted to the best of our ability. *Lot descriptions are believed to be correct but are not guaranteed. *We recommend that the Buyer (s) inspect the items before selling them at an auction. *Colors in photos may differ from auction items due to lighting conditions. We recommend you inspect the item yourself. *All measurements are +/- accuracy. 4. PAYMENT: The bidder (s) and Buyer (s) agree to pay for purchases, and the bidder represents that he/she/ they have the funds necessary for such payment.Buyers wishing to pay by cash must notify AuctionUbid, LLC BEFORE THE AUCTION CLOSES. If we do not hear from you, your credit card will be charged upon completion of the auction on sale day.  Auctionubid, LLC will not split an invoice into multiple invoices.   The Auctioneer will not release any items until the invoice or invoices are paid in full.At the conclusion of this auction, the credit card associated with your account will be automatically charged for the total price of your purchases. The buyer’s premium is added to the high bid price on each item and the Surcharge Credit card fee. The buyer’s premium is different for each auction. The Bidder (s) and Buyer(s) agree not to reverse or dispute charges for purchases paid by credit card. By agreeing to the auction terms, the bidder authorizes Auctinubid, LLC to capture the balance due on the invoice and charge that the credit card used for the invoice auction is not paid in full within 24-48 hours of the auction completion. For this reason, you must provide the Auctioneer with a credit card that can bear the weight of all your purchases when the auction closes. The credit card information associated with your account will be held until the last auction, which is the removal of the previous auction in which you participated. You can update your credit card information anytime by going to your account and choosing "Update Credit Card.” (a) Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire purchase amount, the Auctioneer may suspend your online bidding privileges indefinitely. The Auctioneer may reinstate suspended accounts in the Auctioneer's sole and absolute discretion if the suspended bidder remits a $1,000 deposit to be held in escrow for one year. The Auctioneer will ask the individual, bidder, and their parties to leave the auction site. The bidder will be responsible for paying any bids placed before revocation. Photography, video & audio recording are used on-premises and will be used for security and/or promotional purposes. (b) Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs of these Terms and Conditions. 5. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid. By placing a bid, the bidder signifies that they have examined the items satisfactorily or have chosen not to examine them personally. All winning bids are subject to certification by the Auctioneer at its sole and absolute discretion. NO Refund! (a) Notification: If you place one or more winning bids in this auction, the Auctioneer will charge your credit card on file and then send you a Paid Sales Receipt. Invoices are not sent as soon as the auction begins closing; they are generally sent out by the end of the business day on which the auction closes. If the Auctioneer is unsuccessful in charging your credit card on file, you will be sent an e-mail with instructions directing you to update your profile with another credit card that can be charged. If your credit card information has been updated and you still have not received your Paid Sales Receipt, check your Spam or Trash e-mail folders. You are solely responsible for checking your e-mail following the close of the auction to determine what items you have won and for bringing the Paid Sales Receipt to the removal with you. If you are still waiting to receive an e-mail identifying you as a winning bidder, the Auctioneer needs a record of your having placed a winning bid. (b) Bid Inquiries: If you believe that you placed a winning bid but have yet to receive an e-mailed invoice, you must notify the Auctioneer using the online web form and explain your situation by 9:00 am EST on the day after the auction has closed. You agree that the Auctioneer will be the sole authority regarding identifying winning bids. Absent clerical errors, Auctioneer's records will be final and conclusive. 6. NO WARRANTIES: The information on the sale list and all related auction materials are subject to the terms and conditions of the CONTRACT OF SALE. The Buyer's complete inspection of the property is encouraged. All property sells "AS IS" and "WITH ALL FAULTS," if any. All announcements made by the Auctioneer at the auction will take precedence over previous printed material or any other oral statements made. THE AUCTIONEER FURTHER DISCLAIMS ANY RESPONSIBILITY FOR LIENS OR ENCUMBRANCES THAT MAY ATTACH TO OR BE ASSOCIATED WITH ANY LOTS OR ITEMS. ANY SUCH LIENS AND ENCUMBRANCES ARE THE RESPONSIBILITY OF THE BIDDER TO INVESTIGATE. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, BUT DESCRIPTIONS ARE NOT GUARANTEED. THE AUCTIONEER FURTHER DISCLAIMS ANY LIABILITY FOR ANY TECHNOLOGY-RELATED LOCK, IMPEDIMENT, OR ENCUMBRANCE ASSOCIATED WITH ANY LOT OR ITEM. THE AUCTIONEER HAS NO OBLIGATION TO PROVIDE ANY PASSWORD, LICENSE, TECHNICAL SUPPORT, OR OTHER TECHNOLOGY-RELATED SERVICE, PRODUCT, OR THING ASSOCIATED WITH ANY LOT OR ITEM. 7. AUCTIONEER'S DISCLAIMER: All information, including year models, horsepower, size, weight, capacity, count, square footage, designer, manufacturer, or other descriptions, contained herein is provided without representation or warranty as to its accuracy. Buyers shall rely on their own judgment and inspection. Property is to be sold "AS IS, WHERE IS," with all faults, if any. 8. Conduct of Sale: All deposits, bids, credit cards, cash, and fees will be charged in United States Dollars. (a) VEHICLE TITLES WILL BE REGISTERED IN THE NAME AND OR COMPANY NAME YOU REGISTERED TO BID WITHIN THE AUCTION. WE WILL NOT CHANGE THE REGISTRATION INFORMATION AFTER AUCTION.  WE WILL ONLY CORRECT MISSPELLINGS AND INCORRECT ADDRESSES.  (b) Documentation fee of $75.00 for each titled item. (c) Titles can only be handed out on the day of the auction if the bidder (s) or buyer (s) pays with cash, a cashier's check, or a wire transfer. (d) Titled purchases: Bidder grants Auctionubid, LLC power of attorney to sign as owner/purchaser on title documentation as necessary or needed to facilitate the transfer of ownership of titled purchases. If Auctionubid, LLC cannot provide a clear title within 120 days of purchase, Auctionubid, LLC will refund the purchase price, including the Buyer’s premium only.  Auctionubid, LLC will not refund the cost of freight, cost of any repairs or alterations made to the item while in possession of the Buyer(e) After a bidder (s) Buyer (s) has won the bid with his / her/ their high bid, all risk of loss and damage passes to the bidder, even though the bidder may not have paid for the item yet. Buyers should guard their items accordingly. (f) Firearms sold at auction—We do not test or fire weapons and cannot guarantee the condition or functionality of any firearm offered for sale. No warranty or guarantee is inferred, nor should any be implied, on any weapons. We strongly recommend that the purchaser have all weapons inspected by a licensed gunsmith prior to use. FEDERAL AND STATE LAWS SALE OF LONG GUNS (SHOTGUNS & RIFLES ONLY): The purchaser must be 18 years of age or older and able to purchase a firearm legally. An in-store FBI background check must be completed at pick-up unless a purchaser provides a valid NC Concealed Carry Permit, in which case the background check is waived. Per the FBI and ATF, for any persons under the age of 21, there is a minimum waiting period of 10 business days/14 calendar days.SALE OF HANDGUNS (PISTOLS, REVOLVERS, RECEIVERS, & OTHER): Purchaser must be 21 years of age or older and can legally purchase a firearm. An in-store FBI background check must be completed at pick-up unless a purchaser provides a valid NC Concealed Carry Permit, in which the background check is waived. PLEASE NOTE: NC has repealed the Pistol Purchase Permit Law, and all NC Pistol Purchase Permits are now invalid. We will accept your permit, but an FBI background check must still be completed at pick-up time. An instant reply from the FBI is NOT guaranteed, and a waiting period is possible to extend to a maximum of 6 calendar days or more. Shipping of firearms out-of-state purchases: Firearms must be shipped directly to an FFL, not the individual, bidder (s), or Buyer(s). Muzzleloaders or black powder guns must also be shipped to FFL Holders. WE ONLY SHIP TO THE 50 US STATES AND PUERTO RICO BUYER IS RESPONSIBLE FOR KNOWING THEIR STATE & LOCAL LAWS FOR PURCHASING CERTAIN FIREARMS! IF YOUR STATE HAS A MAGAZINE CAPACITY RESTRICTION AND THE FIREARM PURCHASED EXCEEDS THAT LIMIT, WE CAN NOT AND WILL NOT SHIP THE MAGAZINE WITH THE FIREARM. (g) You agree not to take any action or use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer. 9. Pick-up/ Preview/ Removal/ Shipping: All items must be paid for in full before removal. All items are the purchaser's responsibility when pronounced sold and must be removed on the auction day unless other arrangements are made before the auction day. Items not removed following the auction shall be subject to forfeiture. Neither the seller nor AuctionUbid, LLC is responsible for damage or theft. You agree that your item's pick-up, removal, and transportation will be solely at your expense and risk. (a) The purchaser will be responsible for the removal, insurance, breakdown, arrangement, shifting, loading, and securing of the load for any items purchased. You further agree that you will be responsible for any damage you or any of your agents cause during any preview or removal period. The credit card associated with your online account may be charged for any expenses incurred and repairs necessary because of any damage you cause. (b) Release Upon Presentation of Receipt: You understand and agree that the Auction Manager is only obligated to release your items after you (Bidder), (Buyer), or your agent presents a Paid Sales Receipt and satisfactory identification documentation. You further understand and agree that you must ensure that any agent picking up items on your behalf has a copy of your Paid Sales Receipt to present at the pick-up location. You explicitly authorize the Auction Manager to release your items to anyone possessing your Paid Sales Receipt. The item will not be released to anyone unless that person presents and has a Paid Sales Receipt listing the item in question. (c) Abandonment: You understand and agree that any item you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will not receive any refund for any item deemed abandoned and will be charged a reasonable fee for the storage, removal, and disposal of any such item. If an item is considered abandoned and subsequently resold, you will not be entitled to any proceeds from the sale of any such abandoned item. (d) Discretionary Late Removal Policy: The Auctioneer may, in the Auctioneer's sole and absolute discretion, allow you to remove an item that you have won at auction at a time beyond the published removal times in exchange for a late removal fee (the "Late Fee"). The Late Fee concerning any given auction will equal $200 for the first hour during which the Auctioneer agrees to allow items to be removed late and $75 for every additional hour during which the Auctioneer agrees to allow items to be removed late. To avoid doubt, (i) the minimum Late Fee for any auction is $200. (f) Shipping jewelry, high-end expensive items, and lot(s) purchases requesting shipping will only be shipped to the address on file in Hi-Bid and will not ship to the PO address. The buyer (s) and bidder (s) must provide a front and back copy of the credit card and ID used in the transaction. Some jewelry, high-end expensive items lots, or items will only be marked as bank wire transfer payments. Shipping any winning lot(s) will always be to the bidder (s), and buyer(s) expense an extra fee. Insurance or "Replacement Value" is encouraged for item or winning lot(s) shipping. AuctionUbid, LLC is not responsible for any damage or loss to item(s) or lot(s) during shipping. 10. ACCIDENTS, INJURY, And DAMAGE: All people, bidders, buyers, and guests attending this auction or otherwise on the premises before, during, and/or after the auction do so at their own risk. Neither the sellers, Property Owners, nor AuctionUbid, LLC is responsible for accidents, injury, and damage; bidder (s) Buyer(s) acknowledge responsibility for any personal injury or property damage caused by Bidder, Bidder's guests, or agents. Bidder agrees to hold Auctionubid, LLC harmless from any personal injury to himself or his agents and any property damage incurred on auction premises. Bidder releases Auctionubid.LLC and the seller from all liability connected with the removal and transportation of purchases and all future uses for the goods purchased herewith. Bidder also agrees that by registering for an auction, I understand and agree that I will receive advertisements by e-mail, regular mail, and phone call or text message. I fully understand that my service provider may charge text and phone charges. 11. ABSENTEE BIDS: Absentee Bids may be registered with AuctionUbid.LLC or staff. AuctionUbid, LLC staff cannot guarantee absentee bid placement. Payment for items purchased via absentee bids must be paid for in full before removal from the sale site. 12. CHOOSE WISELY: We want everyone to get a great deal. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients 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. You acknowledge and agree that you may not withdraw or retract any bid you have accepted by the Auctioneer or submitted online through your account. 13. Reporting Bidding Errors: You should refresh your browser often to view the most up-to-date bid information and carefully review every bid you make before submitting that bid. The Auctioneer will not automatically assume that any bid - even a bid that increases your own, lower bid - was made in error. Many bidders routinely increase their bids to price an item out of the reach of other bidders. Do you agree that you will be responsible for making all bids using your account information? Even when such bids are made in error. Suppose you mistakenly increase your bid any time during the auction or make another bidding error (e.g., placing your bidder number in the price field). In that case, you must immediately contact the Auctioneer using the online form available via this link. Reports of bidding errors must be made via the online web form; phone reports will not be accommodated. In every event, you are responsible for bids submitted using your account and bidder number, including any errors made. 14. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer is not obligated to undo bidding errors reported after the auction has begun to close. 15. Bidder's Duty to Report Fraud: You are responsible for all bids made from your account. If you believe an unauthorized person has accessed your account, you must notify the Auctioneer immediately using online webchat. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and the relevant law enforcement authorities, you will be held personally responsible for all purchases made and using your account and bidder number. 16. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to - at any time and in the Auctioneer's sole and absolute discretion (a) add or remove items from the auction, (b) split or combine lots, (c) add minimum bids or reserve prices, (d) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (e) make changes to the auction's closing, inspection, or removal times, (f) reopen the bidding in its sole and absolute discretion, or take any other action the Auctioneer deems necessary to affect the fair conduct of this sale or protect buyers', sellers', or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the Buyer's premium due to the Auctioneer from the seller. 17. Liability: In all cases, the Auctioneer's, Auctionubid, LLC liability and the seller's liability of the items in this auction will be limited to refunding your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction or the withdrawal of any item or lot from this auction. The Auctioneer will not be liable for lost profits or any special, incidental, or consequential damages arising from or in connection with this auction or any related sale or transaction. (a) No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller(s), bidder (s), or third party before, during, or after this auction. (b) No Liability for Site Malfunction: You understand that this auction is online only, and so relies on devices, software, and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience resulting from such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale or resell any item if the Auctioneer determines a transaction to have been affected by any site malfunction or human error relating to the site. In no event will the Auction Host have any duty or responsibility to the bidder that is not directly related to the site's function. Auctioneer does not promise that the website, or any content, service, or feature of the website and/or any software or application of the website (collectively "Services") will be error-free or uninterrupted or that any defects will be corrected or that your use of the Services will provide specific results. Auctioneer cannot guarantee the continuous operation of or access to its Services. Bid updates and other notification functionality on the website may not occur in real-time and are subject to delays beyond the Auctioneer's control. You understand and agree that you are using the Services at your own risk and that the Services are delivered on an "as-is" and "as-available" basis. Accordingly, to the extent permitted by applicable law, Auctioneer disclaims all express or implied warranties, terms, and conditions, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, the Auctioneer is not liable. You agree not to hold the Auctioneer responsible for any damages or losses (including but not limited to any special, indirect, incidental, or consequential damages) resulting directly or indirectly from (i) the content you provide (directly or indirectly) using the Services; (ii) your use of or your inability to use the Services; (iii) delays or disruptions in Services; (iv) viruses or other malicious software obtained by accessing or linking to Services; (v) glitches, bugs, errors, or inaccuracies of any kind in Services; and (vi) damage to your hardware device from the use of any Service. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. You assume total responsibility for using the website, and your sole remedy against the Auctioneer for dissatisfaction with the Services is to stop using the website or any such Services. Regardless of the previous paragraphs, if the Auctioneer is found to be liable, the Auctioneer's liability to you or any third party is limited to refunding your purchase price. c. No Liability for User Equipment Malfunction. You have sole responsibility for ensuring that any software or equipment you use to access the Services is in good working order and that any internal or external time mechanisms associated, in addition to that, are synced to the time zone from which you are bidding. The Auctioneer will not have any liability relating to the malfunction of any Bidder software or equipment or any failure to set any time mechanisms to the appropriate time. 18. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives - including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. 19. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auction Manager will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree 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 and any deficiency between your original purchase and resale prices.  20. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of North Carolina. 21. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter. NCAFL#10681 NCAL#10504.