Terms & Conditions
Buyer Fees: Each purchased lot will be subject to a Buyer fee of 10%. Fee WILL BE CAPPED AT $3999 USD. 2% Internet fee not capped. $150 Administration Fees: on all Titled Assets. $50 on non-titled assets $500 and above $10 on non-titled assets $0-$499 Payment: Invoices will be emailed to the Purchaser no later than the first business day following the date of Sale. Complete payment is required within 3 business days of the sale, Payment by wire transfer in USD. Credit card limited to $10,000 USD. If you pay with card a 3.5% fee will be applied. No cash payments over $5,000 Sales Tax: All untitled assets are subject to a LOCAL AND STATE SALES TAX. UNLESS OTHERWISE EXEMPT. Exported assets outside of the USA will be taxed. Unless a dock receipt or bill of laden showing the asset being exported “Outside of the USA.” Assest Must go directly to the port or out of the USA. Not a holding yard. Titles will be mailed out within 14 days of payment. Vehicles will be titled in registered bidders name or company name. All removals are by appointment as operation hours vary. Pickups need to be scheduled for a minimum of 24 hrs. prior to arrival. Storage Fees must be paid prior to removal. STORAGE FEE: $25.00 per item / per day. Fee starts accruing 10 business days after auction end date. Failed Payment: If the Purchaser fails to pay in full all Auction Item(s) within 3 business days following the date of Sale, Purchaser shall remain fully responsible for the purchase price therefor and the buyer’s fee applicable thereto. In addition to all other rights of Auctioneer contained herein, if a default occurs and Purchaser has not made full payment by the 3rd business day following the date of Sale, Auctioneer may, in its sole discretion, elect to: charge a 5% late fee and, for so as long as the default continues to occur, all outstanding financial obligations shall bear interest at the interest rate of 5% per month (the “Default Interest Rate”). The Default Interest Rate shall apply from the date of the default through the time any judgment thereon is paid in full; or declare any Auction Item(s) for which full payment has not been received a “No Sale” and charge a 20% restocking fee with respect to each such Auction Item equal to the greater of 20% of the applicable sale price for the Auction Item or $350. If for any reason a court or arbitrator(s) deems the Default Interest Rate excessive or impermissible, the arbitrator(s) or judge shall impose the maximum default interest rate permitted and all other terms contained herein shall remain valid and enforceable. Purchaser acknowledges and agrees that Purchaser shall be responsible for any applicable towing, storage and restocking fees and all reasonable attorneys’ fees, court costs, default interest and other costs incurred by Auctioneer associated with the enforcement of this provision. “NO WARRANTY” Everything is sold as-is/where-is. All purchased items at auction are sold on an “as-is where-is” basis without any representations or warranties of any kind, expressed or implied, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. The description of each auction item is solely for the purpose of identification and does not constitute a representation or warranty that the auction item will conform to such description or to any condition referred to therein. Neither auctioneer nor the auction item seller (“seller”) makes any warranty that the auction item will properly function or operate when removed from the auction site nor that it will continue to operate or function for any period of time after such removal. INSPECTIONS: Seller is not responsible for any inspections prior to or after purchase of such Auction Item. Conditions provided by seller are solely for the purpose of reporting on the visible condition of the Auction Item’s major systems and attachments observed on the day of inspection and do not include road testing or load testing of mechanical condition. The purchaser acknowledges that conditions can change during the time between initial inspections, auction and time of removal. The purchaser is solely responsible for any inspection required with respect to equipment or vehicle Auction Items. The purchaser is solely responsible for ensuring that each Auction Item is given thorough inspections according to the manufacturer’s recommendations by only those persons who can detect and assess defects and potential hazards that could limit the safe performance of the Auction Item’s functions. ASSUMPTION OF RISK; WAIVER; INDEMNITY; NON-SALES: Risk of loss or damage to each Auction Item shall pass to Purchaser immediately after when a Binding Obligation to purchase such Auction Item is created. Delay in titling any titled Auction Items in Purchaser shall not alter the passage of the risk of loss and damage. Purchaser shall, at its own expense, maintain and carry in full force and effect appropriate insurance coverage on each Auction Item purchased immediately after a Binding Obligation is created, and neither Auctioneer nor the owner of the auction sale site property (“Site Owner”) will be responsible for any losses or damages thereto from and after the time a Binding Obligation is created whether resulting from acts of nature, theft, accident and/or vandalism (other than as a result of the gross negligence or willful misconduct of Auctioneer or Site Owner). The purchaser agrees to look solely to its insurance to cover such losses or damages. The purchaser assumes all liability whatsoever resulting from the possession, use or disposition of each Auction Item purchased at an Auction from and after the time a Binding Obligation to purchase is created. Purchaser hereby releases, waives, discharges and covenants not to sue Auctioneer and its parent, subsidiaries and Affiliates (as defined below) and Site Owner each of their respective directors, officers, employees and other representatives (collectively, “Released Persons”) of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to the Auction Items purchased at the Auction or use thereof, including without limitation, any liability or damage relating to injury to person or property. Purchaser hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and Affiliates, Site Owner and each of their respective directors, officers, employees and other representatives (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to the loading, transport, ownership, repair, maintenance (or lack thereof) and/or use of the Auction Items, and/or any property damage or bodily injury arising therefrom, or the enforcement of this indemnity by Auctioneer/seller.