Auction Terms & Conditions LIVE AUCTION, ONLINE AUCTION TERMS AND CONDITIONS
READ THE TERMS AND CONDITIONS CAREFULLY. IT IS IMPORTANT THAT YOU FAMILIARIZE YOUR SELF WITH THE TERMS AND CONDITIONS AS ALL SALES ARE FINAL AND IRREVOCABLE. BY ACCESSING THE SITE AND OR BY PARTICIPATING IN THE AUCTION (ONLINE AND OR IN PERSON), YOU AGREE TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VILOATE ANY OF THEM, UNITED AUCTION GROUP, OR AGENTS, AND AUCTIONEERS MAY SEEK LEGAL ACTIONS. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY OWNER/SELLER AND AUCTIONEER OR AUCTIONEERS.
*** DO NOT BID UNTIL YOU HAVE READ ALL THE TERMS AND CONDITIONS ***
" Registration is free. Although a VALID credit card will be required to verify identity and funds.
" This is online only auction and staggered ending times may apply on certain lots and or items, which is defined as follows: if a bid is placed within two (2) minutes of the close of bidding, then another three (3) minutes period commences from the time of the last bid until no bids are placed within the next three (3) minutes. THE LAST BID SHALL BE MADE FINAL. The auction company reserves the right to close early or extend auctions at any time at its discretion. United Auction Group reserves the right to deny access to its premises to any buyer, visitor, or guest at its sole discretion.
INSPECTION / DESCRIPTION OF ITEMS
" Inspection of items, you must be local and or willing to travel at your own expense. The inspection must be agreed upon by Auctioneer and Seller. Inspection times agreed upon must be between 9-4 Monday thru Friday.
" ALL ITEMS OR LOTS ARE SOLD AS IS WHERE IS WITH NO WARRANTY OR PEXRESSED, OR IMPLIED, OR FITNESS FOR A PARTICULAR REASON AND NO FINANCING, INSPECTION OR OTHER CONTINGENCIES TO SALE. The Auctioneer and or Auction Company shall not be responsible for the correct description, authenticity, genuineness, or defect in any lots or items and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error, imperfection, defect and or damage. Any description or representation are for identification purposes only and are not to be construed as a warranty of any type.
BUYERS PREMIUM AND PAYMENTS / SALES TAX
**See Item Description to see if that particular lot has a buyer's premium cap.** Cash discount of 3% does not apply if the Buyers Premium has been Capped!
" BUYERS PREMIUM: A buyer's Premium of 15% will apply and is in effect for any transaction using Credit Cards (Visa, Master Card, Discover). There is a 3% Discount for cash.
" UNITED AUCTION GROUP DOES NOT AUTOMATICALLY CHARGE CREDIT CARDS ON FILE Absolutely NO personal checks. We will be Accepting Cash, and or Credit Card.
" All items are taxable, United Auction Group is required to collect sales tax on all taxable items sold, unless a buyer has a current resale and exempt certificate. An 8.25% Sales Tax (if applicable) - applies to bid price and Buyer's Premium. YOU MUST EMAIL the completed Resale and or Tax Exempt certificate before the close of the Auction. Any questions or information regarding tax laws in the State Of Texas you should consult an attorney and or visit the website WWW.COMPTROLLER.TEXAS.GOV .
" Bidders may be required to place a refundable deposit for any assets being sold by United Auction Group. Your deposit will be refunded to you upon full payment for your purchases or may be applied to the payment of your purchases. If you have made a purchase of multiple items, your deposit will be held and may be used for the last item(s) left unpaid. If you did not win any bids, your Cash Deposits WILL be refunded in cash the day of auction ONLY. If you did not collect your cash deposit on the day of auction your deposit will then be refunded by check within 15 business days. The check will be mailed to the address on file. Cash deposits are refunded to registered bidder only, upon presentation of a valid bidder card and ID. A Credit Card deposit is presented to your bank as a pre-authorization/sale and will drop off per your credit card's terms for pre-authorizations/sales. Please check with your bank or credit card issuer if there are any issues. Please Note: Credit Card and/or Debit Card pre-authorizations/sales and refunds can take up to 30 days. United Auction Group reserves the right to require the purchaser(s) of certain lots to make an additional deposit, within 30 minutes of United Auction Group request, at United Auction Group sole and exclusive judgment. In the event the Buyer fails to place the required deposit, United Auction Group, at its sole and exclusive judgment, may declare the buyer in breach of contract, and re-auction the lot, and bar the Buyer from future bidding. Buyer will forfeit their deposit, and be liable for any loss or other cost the consignor and/or United Auction Group incurs in re-auctioning the lot.
" Per the Terms and Conditions of the Bidder Contract you authorize United Auction Group (Auctioneer) to retain your deposit in the event you fail to pay for the items you purchased. If you do not pay for all the items for which you were the successful bidder by 3:00 PM of the 3rd calendar day following the auction, Auctioneer retains all it rights to charge late and storage fees and bidder will be liable for all costs and losses suffered due to Bidder breach. Auctioneer retains the right to sue Bidder for specific performance for Bidder's breach of contract.
SHIPMENT / REMOVAL OF ITEMS
" WE DO NOT SHIP, YOU MUST ARRANGE YOUR OWN SHIPPING FOR LARGER ITEMS, we do have shipping partner you can contact to arrange shipment of larger items. AIT World Wide contact Jennifer Culbertson @ 817.481.4535 Ext. 3120 or email: [email protected]
, their address is: 4301 Patriot Dr. Suite 160 Coppell TX 76051.
" Pick up times are Auction specific for each auction, please refer to the pickup times listed on the on-line auction.
PLACING A BID
" You are entering into binding contract by placing a bid. THERE ARE NO REFUNDS OR BID CANCELATIONS. The registered Bidder is personally responsible for any bids placed under that Bidder's bidding number and password. The bidder is solely responsible for security of their own password and bidder number. If at any time the Bidder feels that their information has been compromised they are to notify the Auctioneer and or auction company immediately.
" If the bid IS ACCPETED, Bidder is under a legal contract to purchase. Placing a bid on this SITE that is accepted, and then the bidder not paying for the merchandise is illegal in most states and prosecution can result. Any Bidder who fails to consummate a purchase will be BANNED from bidding at ALL future auctions and may be pursued for civil/criminal violations. The Auctioneer, Owners/Sellers reserves the right to accept or reject any and all bids, in its sole and absolute discretion.
" Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer, their employees, officer, owners, affiliates, agents and representatives, from and against any and all claims, losses, damages, liabilities, judgements, fees, cost and expenses (including reasonable attorney's fees and expenses) related to, arising from or associated with the use of the site by bidder, his agents or representatives, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items/lots, any breach or violation by bidder of this site user agreement or any use by bidder of the site or as a result of a dispute with another bidder.
" Any items that have been left or not successfully picked up (30 days from end of auction) or items that have been forfeited by the winning bidder will become the possession of United Auction Group and will be re-sold. The time period is 30 days from the date of the auction ending (see specific notes about pick up as each auction has designated pick up times, locations and dates).
" These Terms and Conditions constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer. The Auctioneer has the discretion to terminate it at any time without notice, in Auctioneer's sole and absolute discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, the Bidder's only recourse is to immediately discontinue use of the Auctioneers Auction site.
TITLES OF ASSETS:
" If YOU are certified as the Winning Bidder on a lot by the Auctioneer or Online Bidding Platform, YOU will be contractually obligated to pay the Contract Price for that lot (including the Hammer Price + Buyer's Premium + Taxes (if applicable)); however, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and it clears. If YOU fail to pay for your purchase(s) within 3 days after the auction, YOU will be deemed to have abandoned any interest in the Lot(s), and the Lot(s) may be re-sold at a subsequent auction. The Auctioneer, Auction Company and / or Seller may, at any time, commence a lawsuit against you for the contract price of the Lot(s) (including the Hammer Price + Buyer's Premium + Taxes (if applicable)). Additionally YOU will be liable for any shortfall or deficiency on the re-sale of the Lot(s), plus the cost incurred in connection with re-selling the Lot(s). Under NO circumstances will you be entitled to any surplus from the re-sale of any Lot(s)
FAILURES BY ONLINE AUCTION PLATFORM PROVIDER AND ITS AFFILIATES OR CONTRACTORS:
" Auctioneer or Auction Company may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will the Auctioneer and or Auction Company be liable for any failures of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representative, or contractors of the online Auction Platform Provider to perform their obligations.
" Auctioneer and or Auction Company will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by: loss of connectivity, breakdown, disruption, or failure of a bidder's internet connection, computer, or system or otherwise. Auctioneer and or Auction Company may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the auction because of disruptions caused by technology failures, even after bidding has commenced.
CLAIMS AND DISPUTES
" United Auction Group and its Affiliates are not responsible for any interruption in service, errors, and or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the site. Bidder understands that the auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of a malfunction on the site and or a software malfunction United Auction Group and Auctioneer may void any sale, temporarily suspend bidding and resell any lots or items affected by the malfunction. The decision of United Auction Group and or Auctioneer is final.
" The Terms and Conditions and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas, the venue for such dispute shall be in Collin County. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. These Terms and Conditions sets forth the entire understanding and agreement between United Auction Group and Bidder, with respect to the subject matter hereof.
ALL AUCTIONS WITH RESERVE:
" All auctions of United Auction Group are with reserve. Per the Auctioneer Administrative Rules of the Texas Department of Licensing and Regulation, an auction "with reserve" is one in which the seller or his agent reserves the right to establish a minimum bid, accept or reject any and all bids, and withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer. Sellers reserve the right to bid on all auctions. Auctioneers and their employees reserve the right to bid on their own or the Seller's behalf.
United Auction Group
Steve Hopson / Auctioneer
430 S. Main Str.
Grapevine TX 76051
License # 17534
Email: [email protected]