USER AGREEMENT: This is a legal agreement between you (the User/Buyer) and the Auctioneers/Smith Auction Service. You must be at least 18 years of age to register and bid on items being auctioned. Smith Auction Service (hereinafter referred to as Auctioneers or Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which the Auctioneers believe have misrepresented themselves and/or items being sold, failed to abide by the Terms and Conditions, or conducted any improper auction behavior as determined solely by the auctioneers. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with the purchase will be banned from any further use and may be subject to additional legal actions.
REGISTRATION: All bidders must register on the bidding site and provide full name, address, phone number, email address, and any additional information requested. All bidders must be 18 years of age or older. The Bidder hereby acknowledges that he/she is of legal age and sound mind, by registering you are agreeing that you have read and fully understand the complete Terms and Conditions of this action, any Terms and Conditions announce on the Auction Company website and agree to be bound thereby. All registered Bidders take full responsibility for their Registration/Bidder ID and IDs are nontransferable. All bids made by the Bidder ID will be the responsibility of the registered Bidder. ALL SALES ARE FINAL, No Refunds, Reductions, Returns, or Exchanges. The Auction Company reserves the right to refuse any applicant for a bidding number or the privilege of bidding on any on-line or on-site auctions and to revoke such privilege at any time.
BIDDING: Do not bide unless you agree to all of the Terms and Conditions posted herein. By bidding you acknowledge agreement with all of the terms and conditions included herein as well as elsewhere on our website. The highest bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. ALL SALES ARE FINAL. The auctioneers reserve the right to reject any and all bids. The acceptable bidding increments are established and controlled by the auctioneers. The auctioneers reserve the right to bid on behalf of the Sellers to ensure that all reserves are met.
PAYMENT: Winning bidders must pay by cash or approved check (NO Out-of-State Checks or Credit Cards are accepted). All winning bidders will be charged a 10% Buyer’s Premium. The Buyer’s Premium will be added to the total invoice at the conclusion of the auction. For Example: A winning bid total of $100.00 will be $110.00 after the Buyer’s Premium is added.
BUYER’S PREMIUM: A Buyer’s Premium is a predetermined percentage or flat fee added to the high bid price to achieve the contract sale price. A Buyer Premium applies to all purchases. The use of a Buyer’s Premium will not in any manner whatsoever constitute an agency relationship between the Auctioneers (their licensees, employees, or agents) and the Buyer. The Auctioneers, their licensees, employees, and agents are agents for the Seller only. The Buyer’s Premium may vary depending on the auction but the standard rate is 10%.
ALL ITEMS SELL WITH RESERVE: All items offered for auction sell with reserve and subject to the Auction Company/Seller’s acceptance and/or rejection of the high bid, regardless of whether stated “with reserve” or not stated “with reserve”. The Auction Company reserves the right to bid on behalf of the seller.
POSTED CLOSING TIMES: Posted closing times and displays of the Auction Company's current time are approximate. Auction Company reserves the right to close early or extend an auction at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last-minute bid or technical difficulty. All times are based on the Eastern Standard Time Zone unless stated otherwise.
PAYMENT: Cash or Check will be accepted during the stated removal date. No postdated checks will be accepted and will be treated as non-payment. Buyer payment will include bid amount, Buyer’s Premium (if any), appropriate taxes, and any other fees or expenses due. Buyers understand that items and lots sold on this website are used and therefore have some level of damage and are by the very nature of being “used and/or pre-owned” are at some level of defective. Buyers agree to not “stop payment” on checks. No purchases may be removed from the auction site until said purchases are paid for in full. Once it is removed it is your sole ownership and responsibility. Auctioneers reserve the right to have all payments converted to valid cash before removal of any items or lots.
PAYMENT RESPONSIBILITIES: The Bidder hereby further agrees that whether he/she shall be acting as a principal, an agent, an officer or director of a corporation or partnership, or otherwise in any capacity whatsoever, the Bidder and the Company he/she represents shall both be responsible for the payment of the purchase price, Buyers Premium, applicable taxes and any other fees or expenses with respect to any and all items and lots for which the Bidder shall be the successful Buyer in the online auction. If the Buyer shall tender a non-certified check in payment for the whole or any part of such purchase price, Buyers Premium, applicable taxes and any other fees or expenses, all items and lots sold in reliance on such credit card and check shall be subject to seizure by Auctioneers and/or their licensees, employees and agents at the sole cost and expense of the Bidder in the event that such check shall be dishonored upon presentation of payment, for insufficient funds, stop payment, cancelled, charged back, etc. In the event of non-payment, dishonored, insufficient funds, stop payment, cancelled, charge back, etc., for check for purchases as stated herein, the Auctioneers shall have a possessory lien on said unpaid purchases until such purchases are paid in full. In the event of any lawsuit or legal action taken in connection with or arising out of the terms herein, the Auctioneers shall be entitled to recover all costs, expenses and attorney fees incurred.
AUTO EXTEND FEATURE: Please note when bidding, there is an auto-extend feature on this online auction system. The auto-extend feature time frame is set by the auction company. For example, the auto-extend feature is set at 1 minute - If someone bids in the last 1 minute immediately prior to the end of the auction on that item, the online auction system will automatically extend the bidding time for a 2-minute increment (and will continue to do so) until there is a 2-minute period (after the original closing time) where no one bids, then the auction on that item will close. This feature will leave the bidding open for any item that has received a bid within the last 2 minutes prior to close and from the last recorded bid time, even if the ending time has been reached. This feature has been added to eliminate sniping and to make the online bidding process fairer and to resemble a 'live' auction. Keep in mind that seconds are not recorded with bid entries. A bid recorded at 5:30 and 40 seconds will have a recorded bid time of 5:30.
REMOVAL AND FAILURE TO REMOVE: All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Removal is at the Buyer’s sole obligation, cost and risk, and only in a manner approved by the Auctioneers. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case; Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and lots, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to the Auctioneer and the Auctioneer shall retain a possessory lien on all items or lots of the Buyer. The auction deposit and any payment made by the Buyer shall be retained by the Auctioneers for application against such deficiency. The Buyer agrees that the Auctioneer and/or Seller may retain all monies received pursuant to any such resale and apply that money toward any deficiency without further notice. The Auctioneers reserve the right to require proof of adequate insurance coverage from any Buyer of items or lots requiring dismantling, rigging, hot cutting, refrigerant certification, or any situation deemed necessary by the Auctioneers. Buyers agree to indemnify and save harmless both the Sellers and the Auctioneers and their licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents, employees, etcetera, in connection with the dismantling, rigging, hot cutting, refrigerant removal, or any situation during the removal process of any item/s or lot/s. Buyers agree that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to Auctioneer’s and/or Seller’s satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and the Auctioneer shall have the right but not the obligation, at their sole discretion to resell, discard or remove and store the items or lots at the Buyers’ sole risk and expense, without any notice to Buyer and without waiving any rights that Auction Company or Seller may have against Buyer. The Buyers understand that they will lose any right, title or interest the Buyers may have acquired and the item or lot shall revert and repossess to the Seller or Auctioneer without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc., and damage suffered by the Auctioneers because of the Buyers failure to remove any item or lot. It is the Buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items or lots purchased. Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, their agents, employees, contractors, etc., during the auction or removal, are strictly and solely the Buyer’s expense and liability to correct, remove and clean up. The Buyer takes full responsibility for compliance with applicable environmental laws and exercise all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances. The Buyer hereby agrees to indemnify and hold harmless the Auctioneer and Seller from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or lots, and as to the use or operation surrounding the removal of purchased items or lots, and as to any environmental situations created by the Buyer. No purchases may be removed from the auction site until said purchases are paid for in full. Buyers will work in unison with other Buyers to ensure an orderly, safe removal process.
REMOVAL EXTENSIONS: On a case-by-case basis and at the Seller’s and/or Auctioneer’s discretion, the Seller or Auctioneer may grant a Buyer a removal extension with a non-refundable (per day) extension fee as set by the Seller or Auctioneer. Full payment of the extension fee must be made at least twenty-four (24) hours prior to the start of the extension. BE ON TIME FOR PICKUP WITHIN THE STATED PICKUP TIMES......A MINIMUM LATE PICKUP FEE OF $25.00 WILL BE CHARGED FOR PICKUP AFTER THE STATED TIMES....UNLESS ARRANGEMENT HAS BEEN MADE PRIOR TO THE STATED PICKUP TIMES.
NON-DELIVERY OF BILL OF SALE/TRANSFER OF OWNERSHIP OR TITLE: The Auctioneer and Seller shall in no event be liable to the Buyer for non-delivery (bill of sale – transfer of ownership or title) of any items or lots for any reason whatsoever except for the return to the Buyer of the deposit or other sums paid for such non-delivered items. This non-delivery period extends from the fall of the hammer until the time allotted for the removal process concludes. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents. Delivery in this section refers to the transfer of ownership and not the physical delivery of an item or lot to the Buyer or their address. Buyer understands that title transfers are between the Seller and the Buyer and are specifically not a responsibility or liability of the Auctioneer and or Auction Company.
NON-DELIVERY OF ITEMS/LOTS: In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in full and removed in the proper time frame. The lack of delivery on any part of the Buyer’s purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including any addendum/s and/or attachment/s made to these terms and conditions. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents including charge backs, stop payment, cancellation, etc. Delivery in this section refers to the transfer of ownership and the physical delivery of an item or lot to the Buyer.
ADDITIONS OR WITHDRAWALS: The Auctioneers reserve the right before, during and/or after the auction, to withdraw from the auction any of the items or lots listed or to sell at this auction items or lots not previously listed. Auctioneers also reserve the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary by the Auctioneers. The Auctioneers reserve the right to sell all of the items and lots listed in bulk or to sell any and all items or lots prior to the auction. All items and lots are subject to prior sale, cancellation and sold “with reserve.” Auctioneer and Seller reserve the right to augment the auction with items from additional Sellers. These items and lots may be interspersed and not specifically identified throughout the auction.
SALES TAXES: All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all items sold.
Bidders are responsible for pick-up of the items won and payment of monies due at pick up. Items will be available for pick up on Sunday, May 22, 2022 from 1:00PM to 4:00PM. Winning Bidders are responsible for the removal of the items won. If additional help is needed due to item weight/size, it is responsibility of the Bidder to supply that help. Any questions, regarding the auction and/or pick-up of items can be sent to email@example.com.