Terms & Conditions
These Terms and Conditions (“Agreement”) govern all auctions conducted by O’Henleys Auction LLC (“Auctioneer,” “Company,” “we,” “us,” or “our”). By participating in any auction (live, online, or absentee), all bidders, buyers, and consignors (“you” or “your”) agree to be bound by the following:
1. General Conditions
1. All auctions are conducted in accordance with applicable federal, state, and local laws.
2. The Auctioneer reserves the right to add, withdraw, or regroup items at its sole discretion.
3. The Auctioneer’s decisions on any dispute, bid, or sale are final and binding.
2. Registration
1. All bidders must register prior to bidding and provide valid identification and contact information.
2. The Auctioneer reserves the right to deny registration or bidding privileges to anyone at any time.
3. By registering, you represent that you are legally able to enter into binding contracts.
3. Bidding
1. All bids are considered final and binding once accepted by the Auctioneer.
2. The Auctioneer may reject any bid at its sole discretion.
3. In the event of a dispute, the Auctioneer’s record shall be conclusive.
4. Buyer’s Responsibility
1. All items are sold AS IS, WHERE IS, with no warranties, guarantees, or representations, expressed or implied.
2. It is the buyer’s responsibility to inspect items prior to bidding.
3. Title passes to the buyer upon full payment, and all risk of loss transfers at that time.
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5. Payment
1. Payment must be made in full by cash, credit card, approved check, or other accepted methods immediately following the auction, unless otherwise agreed in writing.
2. A buyer’s premium (percentage fee) may be added to the hammer price and disclosed prior to bidding.
3. Applicable sales tax will be charged unless a valid resale certificate is provided.
6. Pickup & Shipping
1. Buyers are responsible for removing purchases within the timeframe stated by the Auctioneer.
2. Any items not removed within the stated time may be considered abandoned and resold without refund.
3. Shipping may be available at the buyer’s expense.
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7. Consignors (Sellers)
1. Consignors warrant that they have good title to items consigned and full authority to sell.
2. The Auctioneer is entitled to a commission as agreed in a separate consignment agreement.
3. Unsold items must be retrieved by the consignor within the agreed timeframe.
8. Liability
1. The Auctioneer is not liable for loss, damage, or theft of consigned or purchased property.
2. Participation in the auction is at your own risk. The Company is not responsible for accidents or injuries.
3. In no event shall the Auctioneer be liable for consequential or incidental damages.
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9. Online Auctions
1. In the event of technology failures (system errors, internet outages, etc.), the Auctioneer is not responsible for missed bids or delays.
2. Online bidders are subject to the same terms and conditions as live bidders
10. Governing Law
1. These Terms and Conditions are governed by the laws of the State of Michigan.
2. Any legal action must be filed in the courts of [St Clair County, Michigan
11. Acceptance
By registering and bidding, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.