CONDITION & LOCATION OF PROPERTY: All property listed is offered for sale "AS IS, WHERE IS, WHAT IS" unless otherwise provided. SBH Texas Auction House, LLC (herein also referred to as “Auctioneer”) makes no warranty, expressed or implied as to quantity, kind, character, quality, weight, size or description of any of the property or its fitness for any use or purpose.
PAYMENT: The Buyer agrees to pay for merchandise awarded to them in accordance with the prices quoted in their bid. Payment of the full purchase price must be made within 24 hours of the auction closing. Payment will be automatically billed to Buyer’s card on file at end of the auction. If the card is declined, further attempts of decreasing amounts may be made until the balance is paid in full. Failure to secure successful payment will result in Buyer forfeiting/abandoning won lots and possible restriction from participating in future auctions conducted by SBH Texas Auction House, LLC.
FORMS OF PAYMENT: SBH Texas Auction House, LLC accepts Visa, Mastercard, Discover, and American Express. Cash and checks are not accepted.
BUYERS PREMIUM: A Buyer’s Premium of 15% will be added to the final purchase price (before sales tax) of all winning bids and will be included on the invoice.
SHIPPING: Shipping is not available at this time.
AUCTION PICK UP: Buyer is responsible for bringing any and all boxes, packing materials, and/or other necessary equipment to load-out purchases at auction pick-up.
ABANDONED LOTS: Any items not picked up at the end of the pick-up period will be considered abandoned. Auctioneer reserves the right to resell or dispose of abandoned lots.
BINDING OFFER TO PURCHASE: Buyer/Bidder acknowledges and agrees that placing bids on an SBH Texas Auction House, LLC auction is the equivalent of a firm legal commitment and an irrevocable offer to purchase. Unless the transaction is prohibited by law or the Terms of Use, once a bid is placed, it may not be retracted and buyer/bidder is obligated to complete the transaction.
ALL SALES ARE FINAL: The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished by Auctioneer 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." AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, BRAND, MAKE, STYLE, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. NO SALE SHALL BE INVALIDATED AND AUCTIONEER 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.
ELIGIBILITY OF BIDDERS: The Bidder warrants that he is not: (a) under 18 years of age; (b) an employee of the consignor where the consignor prohibits the employee from bidding. For breach of this warranty, SBH Texas Auction House, LLC shall have the right to annul this contract without liability.
SALES TAX: Buyers will be charged all applicable taxes unless SATISFACTORY PROOF OF EXEMPTION is provided to Auctioneer prior to close of the auction and/or payment. If satisfactory proof is not provided, Buyer will pay all applicable taxes to Auctioneer. No taxes will be refunded once the tax has been collected. Proof of exemption, subject to approval by Auctioneer, includes VALID RESALE CERTIFICATES, EXEMPTION CERTIFICATES, and any other documents as governed by applicable local, state, and federal laws deemed acceptable at Auctioneer's sole discretion. Taxes are calculated AFTER the Buyer's premium.
NON CHARGEBACK AGREEMENT: BUYER AGREES THAT ALL SALES ARE FINAL. ALL ITEMS ARE SOLD "AS IS-WHERE IS," WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web, and advertising descriptions are NOT GUARANTEED. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, condition and/or any other consideration. IF YOU ARE UNSURE AS TO ANY MATTER, DO NOT BID.
CANCELLATION: Auctioneer reserves the right to cancel or postpone any auction listing or auction period, in its own discretion with or without notice. SBH Texas Auction House, LLC shall have no liability to Buyer/Bidder as a result of any cancellation or postponement.
CLAIMS LIABILITY: The Bidder or Buyer agrees to save SBH Texas Auction House, LLC and Consignors harmless from any and all actions, claims, debates, demands, judgements, liabilities, costs, and attorney's fees arising out of, claimed on account of, or in any manner predicated upon loss of or damage to property and injuries, illness or disabilities to or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including state, local or interstate bodies, in any manner caused by or contributed by the bidder or purchaser, it agents, servants, employees, or any person subject to its control while in, upon or about the sale site and/or the site on which the property is located, or while the property is in the possession of or subject to the control or the bidder or purchaser, its agent, servant or employees after the property has been removed from Consignor's control.
RISKS: All risk loss shall pass to Buyer at the time of payment. If Auctioneer is unable to deliver an article sold to Buyer due to fire, theft, or any other reasons whatsoever, Auctioneer shall reimburse Buyer for all monies paid to Auctioneer in respect to the article and Auctioneer shall have no further liability to the purchaser arising from or relating to such loss, including without limitation any damages for loss of profits.
LIABILITY AMOUNT: In no event shall Auctioneer's liability to Buyer exceed the purchase price actually paid. 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. Auctioneer is acting as an agent only and is not responsible for the acts of its principles.
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