AUCTION TERMS AND CONDITIONS
READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE OR BY PARTICIPATING IN THE ONLINE AUCTION, YOU AGREE TO THESE TERMS AND CONDITIONS AND MAKE REPRESENTATIONS AS SET OUT HEREIN. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY OF THEM, MAIN AUCTION SERVICES, INC., AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “AUCTIONEER”) OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO, REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY OWNER/SELLER AND AUCTIONEER.
- All persons desiring to bid must register prior to the auction to get a bidder number. Registration is free.
- A valid credit or debit card number is required as a security measurement, and it should be in the bidder's name.
- This is an online only auction and has staggered ending times, each item has an item number and the first 2 online items will close at 10:00 am, then next 2 items at 10:01 and so on, this will continue until all online items are closed. Some lots may have extended bidding, and this scenario applies to all online auction lots. posted closing times and displays of auction current time are approximate, auction company reserves the right to close early or extend auctions at any time at its discretion.
INSPECTION / DESCRIPTION OF ITEMS
- Inspection dates: four business days before auction date, all lots will be ready and bidders are encouraged to come to the location to inspect items, preview hours are from 9:00 am to 4:00 pm Monday thru Friday. It is the responsibility of the buyer to have inspected thoroughly the merchandise and to have satisfied him or herself as to its condition and value and to bid based upon that judgment solely.
- All items are sold “as is, where is” with no warranty, either expressed or implied. The auction company shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type.
PREMIUM AND PAYMENTS
- Buyer’s premium: a 13% buyer premium is in effective for this auction.
- Payment must be made in full within 3 business days upon the completion of the auction unless otherwise stated on auction details and information on each individual auction, by cash, debit card, cashier’s check, money order, Visa, MasterCard or Discover. Shipping, handling, insurance, storage and other charges will be calculated and paid at the time of payment at the auction offices, or can be requested by phone. Buyer will not be invoiced for the items until the entire online auction is over. Invoices remaining unpaid after the payment deadline, will be charged to the credit card on file for Buyer. Failure to pay will result in a permanent ban from all future auctions, and pursuit of all legal remedies available. The buyer agrees that any item successfully bid upon will be paid for by the buyer, following the conclusion of the auction, if bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price plus applicable fees and taxes.
REMOVAL / SHIPPING OF ITEMS
- Removals are at the expense, liability and risk of the buyer, it will be limited assistance for loading heavy items only. Auction Company shall not be responsible for items or lots not removed within the specified time period. If you are requesting freight or FedEx shipping make sure to pay for items, packaging and palletizing, FedEx charges and to provide us with your Bill Of Lading and proper paperwork, so your items could be freight within a week of the end of the auction. Merchandise not paid for or removed within 2 weeks of the auction, may be resold without notice. Buyer is responsible for arranging his own freight.
PLACING A BID
- The buyer agrees that the act of submitting a bid shall constitute acceptance of each and every term and condition contained herein and the buyer further agrees to indemnify the auction company for all liabilities, damages, costs, and expenses including attorney’s fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the buyer or from any subsequent sale of such article to any third party.
- Placing a bid constitutes a binding offer between the Bidder and Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, Bidder is contractually obligated to buy the merchandise at the price in the bid. Placing a bid on the Site that is accepted and then not paying for the merchandise is illegal in most states and prosecution can result. Failure to honor the auction bid by the stated due date shall result in the permanent removal of Bidder from the Site and from future auctions, and the reporting of Bidder to law enforcement authorities, at Auctioneer’s sole and absolute discretion. UNLESS OTHERWISE STATED FOR A PARTICULAR AUCTION, SELLER/OWNER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, IN ITS SOLE AND ABSOLUTE DISCRETION.
- Each Bidder is responsible for any bids placed under that Bidder’s bidding number and password. The security of Bidder’s information is the sole responsibility of each Bidder. If at any time there is reason to believe that the Bidder number and password have been compromised, Bidder shall notify Auctioneer immediately.
- Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer, and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ 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 item/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.
- This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole and absolute discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder’s registration and use of the auction Site impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
- If you are claiming purchases for resale or if you are tax exempt, please attach, fax or email the appropriate tax form with your payment. The resale and exemption forms can be found on our website by clicking on the help menu and then “forms”.
CLAIMS OR DISPUTES
- Auctioneer shall not be 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 acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Site, Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of the Auctioneer shall be final.
- Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Grand Prairie, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of Auctioneer pending the completion of arbitration. Bidder and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement.
- The Site User Agreement 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. 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. Auctioneer’s 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. This Site User Agreement sets forth the entire understanding and agreement between Bidder and Auctioneer with respect to the subject matter hereof.
- “Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599, www.tdlr.texas.gov”.