Terms and Conditions
*PLEASE BE ADVISED THAT ALL SPECIAL BIDDING NOTICES WILL SUPERCEED THE FOLLOWING*
REGISTRATION
C. M. Company Auctions can approve or deny bidders at our discretion. We reserve the right to accept or deny bidders for any reason at any time. Prior to approval C. M. Company Auctions may contact you to determine your credit worthiness. If we approve your bid, then we will process your bid in accordance with our terms and conditions. IF YOU HAVE BEEN PREVIOUSLY BAN FROM AN AUCTION, YOU MAY BE REQUIRED TO PROVIDE A $500-$2,500 DEPOSIT, DEPENDING ON VALUE OF ITEMS IN AUCTION, AND REFERENCES.
By placing a bid, you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other Internet Proxy bidders as well as floor bidders, (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
In consideration of your use of C. M. Company Auctions Proxy Bid Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or C. M. Company Auctions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, C .M. Company Auctions has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Please note, some vehicles in this auction may contain a reserve. In the event a reserve is not met by auction close, both buyer and seller will be contacted in an attempt to further proceed with sale. All bids are final, if a seller wishes to accept a bid below reserve, the highest bidder will be held responsible for said bid.
ONLINE BIDDING DURING AUCTION
BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON.
C.M. CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA ONLINE BIDDING SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DISCRETION TO ACCEPT OR REFUSE ANY BID.
All bids are exclusive of all applicable taxes and fees. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing winning bids through the Service will be notified by email provided in their Registration Data.
You may not make a bid under a false name or as agent for a person who would himself or herself be prohibited from placing a bid on a particular lot.
PAYMENT
Payment must be made no later than 4:00 P.M. the day of auctions close. Forms of payment allowed will include cash, check, money order, wire transfer, cashier's check and credit card (which includes a 5% processing fee). You must state your preferred method of payment in registration notes. Failure to do so will result in the card on file being charged. Failure to pay will result in a ban from participating in our future auctions.
PLEASE ADVISE THAT TAXES WILL APPLY. IN THE CASE OF VEHICLE AUCTIONS THEIR WILL BE A TAX TITLE AND LICENSE FEE. ALL AUCTIONS INCLUDE A BUYER'S PREMIUM WHICH WILL VARY FROM AUCTION TO AUCTION AND WILL BE ADDED TO FINAL BID AMOUNT. IF YOU ARE TAX EXEMPT, YOU MUST PROVIDE PROOF UPON PAYMENT.
ITEM PICK UP
Items must be picked up within 72 hours of auction close. Pick up will be by appointment only unless otherwise stated. Be advised that pick up locations will vary based on the auction. Invoice MUST be paid in full before pick up and a copy of said invoice must be presented at time of pick up.
C.M. DOES NOT PROVIDE TRANSPORTATION OR LOADING SERVICES. IT IS BUYER'S RESPONSIBILITY TO BE PREPARED AND EQUIP TO HAUL AWAY THEIR ITEM(S). ALL ITEMS REMAINING ON THE LOT AFTER 72 HOURS
WILL RESULT IN A $25 PER LOT PER DAY FEE NOT TO EXCEED 7 DAYS.
NO PROFESSIONAL ADVICE
Any information supplied by any employee or agent of C.M. or its affiliates, in any form whatsoever, is intended solely as general guidance on the use of the Service and the buying and selling of lots at C.M. Company Auctions.
All Content is provided for informational purposes only. By no means is any Content intended to substitute for the advice that may be provided to you by a professional. If you need specific advice (e.g., engineering, scientific, risk management, appraisal, valuation, legal), please seek a professional who is licensed or knowledgeable in that area. You are solely responsible for selecting the appropriate equipment for your needs.
LINKS AND EXTERNAL MATERIALS
The Service may provide links to other websites or resources. You acknowledge and agree that CM does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources ("External Materials"). The External Materials are subject to different terms of use and privacy policies which you are responsible for reviewing. You further acknowledge and agree that CM shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.
INDEMNIFICATION
You agree to indemnify, defend and hold CM and its affiliates, and each of their officers, directors, employees, agents, partners, licensors, successors and assigns (collectively, "C.M. Parties") harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the Terms of Use or any law or regulation; or (c) violation of any rights of another party.
DISCLAIMERS
You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and C.M. Parties cannot and do not guarantee continuous, uninterrupted or secure access to the Service. You agree to hold C.M. Parties harmless for any interruptions in the Service, or your inability to reach or effectively use the Service.
THE SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, C.M. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
C.M. PARTIES DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS WILL: (A) BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; OR (B) MEET YOUR REQUIREMENTS. C.M. PARTIES FURTHER DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RESULTS, INCLUDING THE ACCURAY OR RELIABILITY OF SUCH RESULTS, THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CM PARTIES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
You acknowledge and agree that any information, data or other materials that you obtain from or through the Service, whether provided by C.M. Parties or others, may contain errors or be inaccurate or incomplete. It is solely your responsibility to confirm the accuracy, completeness and reliability of any such information, data or other materials.
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