Auction Terms & Conditions Online Bidding
This is an Online-Only Auction. Bids may be placed up until the time the lots close and will be extended if a bid is placed in the final 1 minute of bidding.
Buyers premium of 15% will be added to each invoice.
Payment by credit card only. Credit cards will be charged immediately after the close of auction or the following day. If you are paying by cash or good check, please email hammerdownauction@gmail.com and let us know your intentions, otherwise your credit card will be charged.
Please bring your paid invoice with you to claim your items. You are responsible to bring your own manpower, boxes, packing materials, carts, etc. to move your items.
Invoices will be emailed with pick up address to successful buyers after the final lot closes.
Any items not picked up during this time will be considered abandoned.
* All items sold "as is where is" please take advantage of the preview dates to personally inspect the items for sale.
* There will be a charge of $20 fee if your CC is declined.*** Please be sure to go into your buyer settings and delete any expired cards or cards that you do not want to use any longer, prior to registration
ALL ITEMS SOLD "AS IS, WHERE IS" WITH NO WARRANTY. ALL SALES ARE FINAL. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY GOODS OFFERED IN THIS SALE. THE ITEMS ARE AVAILABLE TO THE PUBLIC FOR INSPECTION PRIOR TO THE START OF THE AUCTION CLOSING. HAMMER DOWN AUCTION COMPANY (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) MAY ATTEMPT TO DESCRIBE THE MERCHANDISE IN ADVERTISING, ON THE INTERNET BUT MAKES NO REPRESENTATIONS. IN NO EVENT SHALL HAMMER DOWN AUCTION COMPANY (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) BE HELD RESPONSIBLE FOR HAVING MADE OR IMPLIED AND WARRANTY OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE. HAMMER DOWN AUCTION COMPANY (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) WILL NEITHER BE HELD RESPONSIBE FOR ACCIDENTS, NOR ERRORS, DELETIONS OR OMISSIONS. NO CREDIT OR ADJUSTMENTS WILL BE ALLOWED IN ANY FORM OR AMOUNT. THE BUYER RELIES EXCUSIVELY ON HIS/HER PRE-AUCTION INSPECTION AND EACH LOT IS SOLD WITH ALL FAULT AND DEFECTS THEREIN. THE BUYER SHALL TAKE FULL RESPONSIBILITY AND ASSUME ALL RISK OF SAID EQUIPMENT AND OR ITEMS FROM THE TIME THE AUCTION COMPANY ACCEPTS THE FINAL BID FROM THE BUYER. PLEASE INSPECT BEFORE YOU BID AND BUY.
TERMS OF THE SALE ARE, CASH, GOOD CHECK, MASTER CARD, DISCOVER OR VISA. ALL ITEMS MUST BE PAID FOR BEFORE ITEMS WILL BE RELEASED, WITH NO EXCEPTIONS.
AFTER A BID IS MADE, SAID BID IN THE SOLE DISCRETION OF HAMMER DOWN AUCTION COMPANY MAY BE ACCEPTED AND CREATE A LEGALLY BINDING CONTRACT. BUYER SPECIFICALLY ACKNOWLEDGES HAMMER DOWN AUCTION COMPANY'S POLICY ON BID RETRACTION SUPERSEDES ANY CONTRARY PROVISIONS OF SALE BY AUCTION OR OTHER APPLICABLE LAW. ANY INDIVIDUAL FOUND TAMPERING WITH ITEMS ON THIS AUCTION WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. BUYER WILL INDEMNIFY AND HOLD HAMMER DOWN AUCTION COMPANY (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, MEMEBERS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR IMPROPER USE OF HAMMER DOWN AUCTION COMPANY SERVICES OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
YOU AGREE THAT THE LAWS OF THE STATE OF IOWA WILL GOVERN THE TERMS AND CONDITIONS BETWEEN YOU AND HAMMER DOWN AUCTION COMPANY , EXCEPT AS OTHERWISE STATED IN THE TERMS AND CONDITIONS. YOU AGREE THAT ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND HAMMER DOWN AUCTION COMPANY MUST BE RESOLVED EXCLUSIVELY BY wORTH COUNTY DISTRICT COURT IN THE STATE OF IOWA. DISPUTES CONCERNING FEDERAL LAW WILL BE RESOLVED IN THE NORTH CENTRAL DISTRICT OF IOWA. YOU AND HAMMER DOWN AUCTION COMPANY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN WORTH COUNTY IOWA FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES. IF ANY PROVISION OF THESE TERMS AND CONDITIONS ARE HELD TO BE INVALID, VOID OR FOR ANY REASON UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK OUT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS. IF BUYER FAILS TO PAY IN FULL, BUYER (A) AUTHORIZES OWNER AND/OR AUCTION COMPANY TO RESELL SUCH PROPERTY AT ANY TIME AT PUBLIC OR PRIVATE SALE, (B) AGREES TO INDEMNIFY OWNER AND/OR AUCTION COMPANY AGAINST ALL LOSS OR DAMAGE UPON SALE, TOGETHER WITH COST AND EXPENSES THEREOF, INCLUDING ATTORNEYS FEES ALLOWED BY LAW, IF ANY AND (C) AGREES TO PAY AUCTION COMPANY INTEREST OF 1.5% PER MONTH ON UNPAID BALANCE. BUYER ACCEPTS FULL RESPONSIBILITY FOR ALL PURCHASES MADE AND HOLDS THE COMPANY FREE FROM ANY LIABILITIES INCLUDING THEFT OF ITEMS. THE BIDDER IS BOUND BY THESE TERMS. STORAGE FEES COMMENCE ON THE SIXTH (6TH) DAY AFTER AN ITEM HAS BEEN PURCHASED. STORAGE FEES ARE $20 PER DAY. ITEMS ARE CONSIDERED ABANDONED IF NOT PICKED UP WITHIN FIFTEEN (15) DAYS OF PURCHASE. IF AN ITEM IS ABANDONED, BUYER IS STILL RESPONSIBLE FOR MAXIMUM STORAGE FEES OF $200 AND ANY OTHER DAMAGES INCURRED BY HAMMER DOWNAUCTION COMPANY AS SET FORTH IN THESE TERMS AND CONDITIONS.
IDENTIFICATION: All purchasers are required to complete registration, including Full Name, Address, Phone, Email, Signature and Drivers License Number. Those not willing to disclose this information cannot take part in the auction. PLEASE MAKE SURE ALL INFORMATION IS ACCURATE & UP TO DATE AT THE TIME OF REGISTRATION. Hammer Down Auction Co is not responsible for any delays or losses due to false information provided at the time of registration.
AUCTIONEER: The bidding advances shall be regulated by the auctioneer and shall be at his discretion. The auctioneer reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Once a lot has been passed and not sold it will not be re-offered until a later sale. Items which are not reserved are sold at the auctioneer's discretion. The auctioneer has the right to refuse any bid. The Auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid. The auctioneer acts as an agent only, and shall not be liable for any default of the purchaser or vendor.
INTERNET BIDDING: Bidders are able to bid via the Internet. If bidding live via the Internet, please bid quickly. We auction approximately 70-90 lots per hour. If leaving absentee Internet bids, please consider leaving a reasonable bid. The Internet venue will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until your bid is either successful or exhausted. This means, if you leave an Internet absentee bid of $500, and the winning bid increment is $350, your winning bid is $350. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Internet bidders may be subject to a different Buyer's Premium
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