Online Auction Terms and Conditions- A.B. Cole & Associates Auction & Realty, LLC
1. Please note: All bidders and others attending and participating in this auction whether in person, by internet, or by any other means, agree that they have read and fully understand these terms and agree to be bound thereby.
2. IDENTIFICATION: All purchasers are required to have a Bidders Number to bid registering by full name and address and presenting a positive form of ID and other information deemed necessary.
3. BIDDERS DISPUTE: If any dispute arises the decision of the auctioneer shall be final and absolute.
4. RESERVE: The auctioneer reserves the right to reject any and all bids.
5. WARRANTY: All merchandise is sold "as is, where is". There are no warranties expressed or implied and no guarantees. All sales are final. Please inspect items when available and bid accordingly. UCABC assumes no liability for owner guarantee.
6. RESPONSIBILITY: Purchaser assumes complete responsibility for items at time the items closes. It is the sole responsibility of the Internet bidder to be familiar with the Internet bidding process.
7. PAYMENT: Complete payment in full required day of auction. Nothing shall be removed from premises before settlement. Title passes when purchasers funds clear. For CC users, a pre-auction authorization shall be performed to establish available credit. Nothing will be charged to your credit card until a purchase is made.
8. CLAIMS: No claims will be allowed after close of on-line bidding.
9. RECORDS: The record of sale kept by the Auctioneer and Accounting Staff will be taken as final in the event of any dispute.
10. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of, or loss to, personal property and specifically releases the auctioneer from liability therefore. Neither the auctioneer nor his principal shall be liable by reason for a defect in, or condition of, the premises on which the sale is held. If you register for someone else or allow someone else to use your bid number and password, you are responsible for all lots purchased and charges made against that bid number. Safeguard your bid number and password.
11. AGENCY: The Auctioneer is acting as agent only, and is not responsible for acts of its principals. UCABC and its sellers assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog. All property is sold AS IS, WHERE IS, and with NO WARRANTY and neither UCABC nor the sellers makes any warranties or representations of any kind with respect to property. Statements in the catalog or made at the sale, bill of sale, invoice or elsewhere shall not be deemed an assumption of liability, warrant, representation as the description, genuineness, attribution, provenance or condition of the property. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. UCABC and the sellers make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. Descriptions are believed to be accurate but not guaranteed.
12. BUYERS PREMIUM: A 15% buyers premium will be added to each purchase. If you bid $100.00 at check out you will be charged $115.00 (Unless otherwise noted in the specific event items).
13. TAX: All appropriate Virginia state and local sales taxes are applied to the full purchase price of a lot including buyers premium. Current Virginia sales tax is 6%. Virginia and Out of state Dealers must provide a valid sales tax exemption number to avoid sales tax. Occasionally, certain administrative sales i.e. Bankruptcies and motor vehicles, are tax exempt.
14. We reserve the right to withdraw any property before sale.
15. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog.
16. On the fall of the auctioneers hammer or pronouncement of "sold" in any form or manner, title to the offered lot will pass from Seller to the highest bidder acknowledged by the auctioneer, subject to all the conditions set forth herein, and such bidder thereupon assumes full risk and responsibility therefore. We reserve the right to impose a late charge of 1 1/2% per month on the total purchase price if payment is not made in accordance with all of the conditions set forth herein. All property must be removed from the premises by the purchaser at his expense in the timely manner previously set forth. If any applicable conditions herein are not complied with by the purchaser in addition to other remedies available to us and the Seller by law, including with limitation the right to a) hold the purchaser liable for the total purchase price, we at our option may either cancel the sale, retaining as liquidated damages all payments made by the purchaser of b) resell the property at public auction, and the purchaser shall be liable for any deficiency costs, including handling charges, the expenses of both sales, or commission on both sales at option. Payment will not be deemed to have been made in full until we have collected funds.
17. INTERNET BIDDING: Any auction where Internet bidding/live auction is used, UCABC shall not be held liable for electronic bids not sent, received, or executed.
18. BUYERS CONTRACT: Your Internet bids are a contract and you are responsible for honoring them. The internet bidder agrees and acknowledges that all purchases made from this auction website will be charged to their credit card on the day of the auction.
19. TECHNICAL DIFFICULTIES: If technical difficulties occur during the closing of an abcole.com sale we reserve the right to extend the closing times/dates as needed.
20. CANCELLATION: UCABC reserves the right to: cancel, suspend, extend, or reschedule an individual item and or event.
21. PREVIEW: Most events feature a preview, inspection or open house at some point prior to the conclusion of the auction. Approximately, 40% of the bidders attend the preview. When an event does not feature a preview, bidders should carefully consider the descriptions, photos, details and terms of sale, then bid accordingly. UCABC reserves the right to make changes to the event catalog, inspection, removal or closing times.
22. AUCTION CLOSE: Each auction will end at a specified time. However, we use an auto:extend feature. With this feature, the bidding will remain open on any item that has received a bid within the last 1 minute. Once 5 minutes has lapsed without any bidding activity the bidding on the item will be closed. If there is more than one item in an auction the items will have staggered ending times. Each item will close one minute after the previous.
23. PAYMENT: At the conclusion of the event your credit card on file will be automatically charged for the entire amount of your purchases. Accepted forms of payment include Visa or MasterCard. You must have available balance on your credit card for your online purchases. Declined Credit Cards: Any bidders with credit cards that are declined will be charged a $30 processing fee to run another credit card - NO EXCEPTIONS! A paid invoice will be sent to the e-mail address in your bidder profile. IMPORTANT: If you use multiple email addresses, make note of your registered email address. Only the address provided at registration is sent notifications, alerts and final invoices.
24. BID NOTIFICATION: If you have been outbid you will be notified by email until the close of the sale. To quickly review your bids and see if you have won you can utilize the "review bids" feature. Items that you have been outbid on will be clearly marked. WINNING BIDDER NOTIFICATION: You will be contacted by email ONLY (you are responsible for checking your email). If you feel you have won an item and have not received an email you must notify. If you do not receive a paid email invoice then you did not win any items during the online auction. The auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchaser items not paid for and or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection, transportation and storage expenses associated with delinquent accounts or abandoned items.
25. ITEM IDENTIFIED BY DESCRIPTION: Always bid on the item description. Only use the photographs as a guide. For demonstration purposes, equipment may be joined and photographed together. Do not assume a lot consists of more than one item simply because they are connected or pictured together. You are bidding on the item as described Please take advantage of the onsite inspection and read the descriptions. Please notify our customer service team if you believe an item is incorrectly photographed.
26. ON-LINE ONLY BIDDING: Only online bids can be made. We do not accept written, oral, email or telephone bids.
27. BIDDING ERRORS: After you submit your bids, you are presented with a verification page. Please confirm your bids prior to proceeding. If after the confirmation page you mistakenly increase your own bid, place your bidder number in the bid field, or make a typo, you must immediately notify our customer service team.
28. REMOVAL OF BIDS: Bidding on an item is a contract. Once you place a bid you have told UCABC, "YES PLACE MY BID", additionally, you have taken the high bid away from someone else. You cannot back out of a bid you placed AS IT AFFECTS EVERY OTHER BIDDER ON AN ITEM.
29. This auction permits bids to be placed by the auctioneer, an employee of the auctioneer, the seller or an agent on the seller's behalf this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
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