Auction Terms & Conditions
Auction Terms & Conditions
1. All prospective buyers must be at least 18 years old and are required to register with Bar None Auction prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facility.
2. The Auction will be conducted by offering the items by lot, either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final.
3. The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction.
4. Bidder agrees to be responsible for the payment of the purchase price, Auctioneer’s fees, any applicable DMV fees, and taxes due on all of bidder’s purchases.
5. The “Auction Terms and Conditions” shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California.
6. All items are sold “AS IS-WHERE IS” without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions.
7. The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot.
8. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
9. Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. No person shall bid on any lot of which he is the Consignor, agent, associate, or on behalf of the Consignor.
10. The purchaser shall pay a non-refundable deposit of 25% of the purchased price of any auction lot on the date of the auction, with the balance of the purchase price paid within 3 days following the auction. All payments must be received by cashier’s check, money order, company or personal check accompanied by an irrevocable bank letter of guarantee, or wire transfer payable to Bar None Auction. Any payment other then cash may be subjust to an additional 3% convenience fee.
11. Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law.
12. State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale.
13. A Buyers Premium will be added to the bid price of each item purchased unless otherwise noted. Specific auction items may be exempt from buyer's premium. 15% on all items. Internet bidders are subject to an additional 2% administration fee for online services with a maximum of $750 per item.
14. Purchaser is responsible for insuring his purchases immediately. Bar None Auction shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item form the auction facility until all his purchases are paid for in full including all applicable goods, sales or use taxes.
15. Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchaser items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser. All items must be removed from the auction facility within 4 days after the auction date. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $25 per item per day.
BAR NONE AUCTION
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