General Agreement
1. Acceptance of Terms: By creating a HiBid Customer Profile and participating in any AT&A Auction Online-Only Auction, Customers agree to these Terms & Conditions (“TAC”).
2. Governing Law: These TAC are governed by Utah law. Any disputes shall be resolved exclusively in Salt Lake County courts. Claims must be filed within one (1) year of the auction date.
3. Customer Definitions: A Customer is anyone who registers to bid. An approved Customer becomes a Bidder. A Bidder who wins a Lot becomes a Buyer and will be charged automatically. Fraudulent bidding, false registration, or chargeback attempts are prohibited.
Auction Platform & Bidding:
HiBid Platform
1. HiBid is a third-party auction platform. Customers are responsible for understanding how to use it. Resources available online:
1. HiBid Tutorial, 2. HiBid YouTube, 3. Help with Bidding.
2. Online-Only Auction Format: All auctions are conducted online with defined start and end times. Lots close using both Staggered Close and Soft Close formats.
3. Property (Lots): All bids are binding. Bids may be increased but cannot be decreased. Typographical errors must be reported immediately via text or email.
4. Property Photos: Photos may include actual images and stock images. Stock photos are for reference only and may not reflect exact condition.
5. Property Disclaimer: All Property is sold as-is, where-is, with no warranties, no guarantees, and no returns. AT&A Auction is not liable for missing parts, inaccuracies, or variations in condition.
6. Risk Disclosure: Auction Property may include items that are: 1) new, 2) used, 3) shelf-pull, 4) overstock, 5) customer return Items may have cosmetic damage, missing packaging, or missing components. Customers seeking pristine retail-quality items should purchase from traditional retailers.
7. Lot Preview: Preview appointments may be scheduled via text or email. Video previews may be available. The location is not open to the public outside scheduled preview or pickup times.
Payment & Settlement
1. Disclaimer of Warranties: Use of HiBid is at the Customer’s own risk. AT&A Auction disclaims all warranties related to platform performance, bidding functionality, or product expectations.
2. Buyer’s Premium & Tax: A 15% Buyer’s Premium is added to each winning bid. Sales tax of 7.75% applies to all purchases unless exempt.
3. Settlement: Winning bids are totaled with tax and premium. Credit cards on file are charged automatically at auction close.
4. Payment Methods: Primary payment method: credit card. Alternative methods (must be arranged in advance): Zelle or Venmo
5. Tax-Exempt Buyers: Tax-exempt Buyers must submit valid documentation prior to bidding.
Liability & Conduct:
1. Indemnification: Buyers agree to indemnify and hold AT&A Auction harmless from any claims, damages, injuries, or losses related to purchased Property or auction participation.
2. Limitation of Liability: AT&A Auction is not liable for any direct, indirect, incidental, or consequential damages arising from use of HiBid or participation in the auction.
3. Jurisdictional Limitations: Some limitations may not apply depending on jurisdiction.
4. Bidding Rules: All bids are final and cannot be reversed once placed.
5. Maximum Bidding: HiBid will automatically bid up to the Customer’s maximum bid amount. Examples:
Lucy bids $50 max. Final bid is $34. Lucy wins and pays $34.
Jacob bids $30 max. Final bid is $32. Jacob does not win.
6. Reserve: Some Lots may have a reserve price. Reserve amounts are not disclosed.
7. Times the Money: Some Lots are sold “times the money,” meaning the bid is multiplied by the quantity. Example: 10 chairs × $5 bid = $50 total.
8. Winning Bids: Highest bid wins. If a winning bid is withdrawn or cannot be collected, AT&A Auction may accept the next highest bid.
Closing & Removal
1. Staggered Close: Lots close in 1-minute intervals with 3-minute countdowns. Example: Lot 1 closes at 7:00 PM, Lot 2 at 7:01 PM, etc.
2. Soft Close: Bids placed within the final minute extend the countdown by 2 minutes. Example: Bid placed with 30 seconds left resets timer to 2:30.
3. Standard Property Removal: Buyers must pick up Lots during posted pickup times. Failure to pick up will result in forfeiture without refund.
4. Alternative Property Removal: When shipping is offered, buyers may request shipping, delivery, or third-party pickup.
Shipping: 10% handling fee + actual shipping cost
Delivery: 10% handling fee + courier cost
Third-Party Pickup: Buyer must notify AT&A Auction with contact information
Returns, Privacy & Notifications
1. Returns / Exchanges: All items are sold as-is. AT&A Auction may offer credit or exchange at its sole discretion if an item is broken and not advertised as such.
2. Firearms: AT&A Auction is not an FFL dealer and does not sell firearms.
3. Privacy: Customer data is not sold or rented. It is used solely for auction-related communication.
4. Copyright: All auction content is protected. Customers may not reuse, copy, or distribute auction materials.
5. Notifications: AT&A Auction may send updates via email or text. Customers may opt out of promotional messages but not essential auction communications.
Modification of Terms
AT&A Auction may modify or extend auctions at its discretion. Bidders will be notified of changes via email or text.