Auction Terms & Conditions of Sale
Closing Date & Time: Tuesday Oct. 16, 2017 Lots begin closing at 7 pm MST this is a soft close auction. Any bid placed in the last minute will extend the bidding another minute. Some lots are linked / grouped together; so that a bid on one lot will extend the time on all lots in that are linked together in that group.
Successful buyers will be notified by email within 1 hour of the end of the auction. You will receive an email with an attached PDF file.
Payment: All buyers must pay for their purchases in full Friday Oct. 20, 2017. Any check mailed must be mailed Priority mail w/ tracking. We are under contract with our sellers to provide settlement within a specific period of time.
Payment by mail: Checks made to: Smith Sales Co. Mailed to 1108 US HWY 12 Miles City, MT 59301
Payment in Person: 406-234-7355 to make sure we are at our auction center.
Wire Transfer: Call 406-234-7355 for details.
We do not handle the titles. The mine will send you the titles after they have been paid in full. They will provide you a bill of sale when you pick your items up.
Nothing leaves until items have been paid in full. Please bring appropriate chains, straps & flags if needed. We do not provide these.
Registration: To participate, you must register online. Registrations will be screened. Please note multiple Auctioneers use this software nationwide. If we see a previous decline on your record we will refuse to allow you to participate.
Funds Accepted: USD, Cash, Checks or Wire Transfers only. No online payment processing is available. Picture ID at Checkout.
Conditions: All Equipment & items offered are being sold as is where is. Catalog descriptions are not guarantees. All bidders are responsible for their own inspections. The time to ask questions is before a lot sells, not afterwards. Please rely on your inspections.
5 % BUYER'S PREMIUM
Payment With: Cash, Checks, Cashier's Checks & Wire transfers: 5% Buyer's Fee added to bid for total purchase price. Example: Lot sells for $100. At checkout your bill will be $105.
Payment with Credit Cards: We do not accept credit cards over the phone or online. 10% Buyer's Fee added to bid for total purchase price. Example: Lot sells for $100. At checkout your bill will be $110. In Person Credit card transactions only. We do not accept American Express.
Nonpayment: Any nonpayment will automatically result in your profile being banned in the future from our auctions both live & online. Furthermore you authorize us to share your information with other auctioneers that use this same bidding platform.
Shipping: We do not provide shipping services. We do provide a forklifts / Backhoe for loading items out. If our equipment is to small to handle the job, then it is on you to hire it done.
Storage Charges: Items Left on our lot will incur $20 per day per item, storage charges. We try to be flexible, but at times people can be good buyers, but bad at removing items.
Bidding: Placing a bid on an item is an irrevocable offer to buy the item(s) at the price in the bid, provided the bid is a winning bid at the time of the close of the auction. A winning bid is a bid that is the highest bid on an item, or in the event of a tie, the bid placed chronologically earliest. Placing a bid constitutes entering into a binding legal agreement with the auctioneers and seller to purchase the item(s) at the winning bid price and in accordance with the terms stated in the item listing and the rules of this site. You must resolve any questions about the item by contacting the selling agent / auctioneer of the item prior to placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, have received a response from the seller's agent / auctioneers of the item regarding any questions you may have. Once a bid is placed it may not be cancelled or retracted without the permission of the auctioneer. Bidding is subject to bid increments and items may be subject to a minimum bid. By bidding on an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the seller who listed the item. Auctions will not be extended due to your technical difficulties. Do not wait until the last minute to bid!"
All invoices must be paid in full before merchandise will be released from the premises. Quantities must be checked before removal of purchases. No allowances will be made for claims or shortages once items are removed from the premises. Where available, documents of transfer, including motor vehicle ownership documents, will be provided within 10 days following the auction or as soon thereafter as such documents are available. Any available titles shall not pass to Buyer until full payment is received.
All property must be paid for and picked up in the time frames posted. If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Auctioneers without further notice to Buyer and Buyer's payment will be forfeited. No purchaser may assign, transfer, or dispose of his rights in any article purchased before he has paid the purchase price in full. No reselling will be allowed from the premises.
If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to auctioneers, including and without limitation, the right to hold Buyer liable for the total purchase price, Auctioneers, at its option, (a) cancel the sale, retaining all payments made by Buyer, including any deposit made, as liquidated damages and/or (b) resell the merchandise.
Persons in attendance during inspection or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by auctioneers, and local, state and federal regulations.
All risk loss shall pass to Buyer at the time of payment. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct, indirect, incidental or consequential damages.
Buyer agrees to indemnify, defend and hold harmless auctioneers and its agents and representatives, from any and all demands, claims, losses, damages and liabilities (including attorneys' fees) asserted against, resulting to or imposed upon Auctioneers resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise.
A bidder's number / profile is nontransferable. All bids made by the holder of the number will be Buyer's responsibility. A successful bid online constitutes a legally binding contract of sale. Auctioneers reserve the right to refuse any applicant the privilege of bidding and may revoke such privilege of bidding AT ANY TIME.
This sales transaction shall be governed by and construed in accordance with the local laws of the State of Montana, USA. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. Terms and Conditions with any amendments or modifications expressly made by auctioneers constitute all the terms and conditions with respect to the sale of articles at this online auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided.
Court Of Law & Arbitration: All disputes relating to any of our online auction events and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of Montana. All claims relating to any Smith Sales Co. Auctioneers online auction(s) and the terms and conditions shall be brought in "District Court of Custer County, Montana" and bidders hereby consent to the jurisdiction of said court. Anyone who fails to complete a transaction is warned they will be pursued in court for auctioneer's losses of commission, buyer's premium; time; attorney's fees & any other damages allowed by law.
ALL SALES ARE FINAL. NO EXCEPTIONS. The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished online is solely for identification, and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS-WHERE IS," 'IN PLACE" and "WITH ALL FAULTS, KNOWN AND UNKNOWN." Auctioneers make NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. NO SALE SHALL BE INVALIDATED AND Auctioneers SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT OR OTHERWISE. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations. Buyers agree that they have been offered sufficient time & opportunity to inspect each item before the closing of each lot. Failure upon a buyer to take advantage of this opportunity is not a cause for recourse of any kind.
All Buyers acknowledge and accept by their registration the Terms & Conditions of Sale printed as listed herein.