TERMS OF SALE
PLEASE NOTE: ALL BIDDERS AND PARTCIPANTS IN THIS AUCTION AGREE THAT THEY HAVE READ AND FULLY UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
PICK UP DAYS/TIMES: NO EXCEPTIONS! THESE ARE LISTED IN THE AUCTION LISTING. NO EXCEPTIONS. ******DO NOT BID ON ITEMS IF YOU CANNOT PICK UP DURING THESE TIMES. ***All items are stored outsides and are subject to incliment weather.
IDENTIFICATION - All buyers/purchasers are required to have a bidder's number to bid providing full name, address, photo and ID number, including if necessary the social security number from current driver's license or SS card.
ADDITION TO OR WITHDRAWAL FROM SALE - The auctioneer reserves the right to withdraw from sale any of the items listed or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all of the items listed in any manner he chooses.
DISPUTE BETWEEN BIDDERS - If any dispute arises between two or more bidders, the auctioneer may decide to resell the item(s) to the highest bidder or to leave the sale as sold. The decision of the auctioneer shall be final and absolute.
SALE BY ESTIMATED COUNT - Where items are to be sold by estimated count, the purchaser will be billed for and required to pay for the estimated count. If, when delivered, any shortage exists, the purchaser will not receive a refund at the rate of purchase. If there is an excess, the purchaser is required to take and pay for this excess, at the rate of purchase.
RESERVE - The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller. Please note some items with an R next to the lot number have a reserve - you will receive an email IF you are the succesful bidder - receipts will be emailed to successful buyers at the close of the auction.
CONDITION OF ITEMS SOLD - The auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside due to any incorrectness, error in cataloguing, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "AS IS" and without recourse. PLEASE MAKE NOTE - ALL ITEMS ARE STORED OUTSIDE AND ARE SUBJECT TO INCLIMENT WEATHER CONDITIONS.
TIME OF PAYMENT - All bills must be paid in full at the close of the auction with the credit card on file.
MANNER OF PAYMENT - All bills must be paid to representatives of the auctioneer at the close of the auction unless otherwise announced. The full purchase price on all lots sold to the same buyer must be paid auction sale day and before removal of any of the items. Credit cards will be charged immediatley upon the close of the online auction. Company checks must have bank letter of guarantee, unless established with Auction Company or prior arrangements have been made. Personal checks accepted sale day will require the purchaser to wait until his personal check has cleared the bank to remove any purchases from the auction site. Proof of payment is required before removing any items from the auction lot. This requirement is for the protection of buyer and sellers alike. In addition, there is a non-refundable, 5% buyer's premium. Any checks returned for any explanation, i.e. non-sufficient funds, closed account, or any other will be charged a $50.00 fee. In addition, any remedies of law necessary may be levied upon a buyer who has been delinquent in payment
COMPLIANCE WITH TERMS OF SALE - In default of payment of bills in full within the time herein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not removed within removal date on printed invoice and email will be forfeited by buyer and may be resold at public or private sale without further notice, and any storage fees along with all expenses and charges of re-sale, will be charged to the purchaser who defaulted.
ADDITIONAL TERMS AND CONDITIONS -any additional terms or conditions of sale, added by auctioneer, shall be announced or added to lot descriptions before auction.
REMOVAL - Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be delivered only on presentation of paid bill. Auctioneer shall not be responsible for goods not removed, and shall have the option of removing, storing or disposing at the expense and risk of the purchaser any article purchased, or not paid for and removed within the specified time. Items not removed following the posted pick up times (printed on invoices and receipts and emailed) auction will be forfeited by purchaser and will discarded or resold at public or private sale without further notice, and any storage fees along with all expenses and charges of re-sale, will be charged to the purchaser who defaulted. ***ABSOLUTELY NO REFUNDS WILL BE ISSUED FOR ITEMS FORFETITED/NOT PICKED UP
NON-DELIVERY RESPONSIBILITY - Auctioneer shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot.
CLAIMS & TAX STATUS- All items are sold on an "as-is" and "where-is" basis with absolutely no warranty of any kind, including merchantability and/or fitness for a particular purpose. No claims will be allowed after goods are removed from premises. Any buyer or purchaser claiming tax exemption status and found later by Auction Company or any state agency to be taxable will be responsible for any and all taxes, assessments and/or fines assessed against Auction Company. Taxes on titles vehicles will be added to invoices and charged to the card on file based upon where the buyer resides. If taxes are miscalculated or not added, we will charge the credit card on file and re-send the updated invoice to reflect the applicable tax.
PERSONAL AND PROPERTY RISK - Registrant/Bidder shall indemnify and hold harmless Edinburg Auction Sales, Inc. and all of it's officers, agents and employees from any loss, damage to property and injuries, including death, to all persons, arising or in any manner growing out of the sale of any equipment or removal thereof from Edinburg Auction Sales, Inc. premises, and shall defend at it's own expense any suits or other proceedings brought against Edinburg Auction Sales, Inc. and it's officers, agents, and employees, or any of them, on account thereof, and pay all expenses, including attorney fees, and satisfy all judgements which may be incurred by or rendered against any of them or in connection therewith. Any persons attending the showing, sale or removal of auction goods or others assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefore. Neither the auctioneer nor his principal shall be liable due to any defect in or condition of the premises on which the sale is held.
RECORDS - The record of sale kept by the auctioneer, clerk and bookkeeper will be taken as final in case of any dispute. If any discrepancy is purchase price exits, the final record of the sale will be used and any monies owed Edinburg Auction Sales, Inc. for any price discrepancy or clerk error, must be immediately paid in full.
CONTACT - If you supply us with your email address and or phone number, you agree to be contacted by Edinburg Auction Sales, Inc. on upcoming events or reminders via email, sms, mms, message or phone call. If you do not wish to receive this communication from us, please let us know by opting out in person, via email or phone and you will removed.
AGENCY - The auctioneer is acting as agent only and is not responsible for acts of its principals.
Thank you,
Edinburg Auction Sales, Inc