Terms

CONDITION OF ARTICLES SOLD: All items are sold AS IS, WHERE IS with no warranty, expressed or implied.  The Auctioneer is not 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 in cataloging, 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.  It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied himself or herself as to its condition and value and to bid solely upon that judgment.  ALL SALES ARE FINAL.

AGENCY: The Auctioneer is acting as agent only for the Seller and is not responsible for the acts or representations of its principals or consignors.  Any action or recourse will be directed to the Seller and not to the Auctioneer.

BIDDING: All persons desiring to bid must be registered prior to the auction and must have obtained a Bidder’s Paddle.  Unless otherwise stated by the Auctioneer before commensing the auction,  a minimum of $300 (Three Hundred Dollars) in cash or cashier’s check only will be collected as a deposit in order to obtain a Bidder’s Paddle and become eligible to bid in the auction.  A 25% deposit of all accepted bids must be maintained  during the auction.  Buyer will be responsible to keep deposit current at all times before bidding further during said auction.  NO DEPOSIT WILL BE RETURNED DURING THE SALE. Auctioneer reserves the right to refuse any applicant for a bidding paddle the privilege of bidding at the auction and to revoke such privilege at any time during the auction.

NOTICE:  All bidders and other persons attending the sale agree that they have read and have full knowledge of the terms and agree to be bound thereby.

PROCEDURE: The Auctioneer reserves the right to add to or withdraw from the auction any items listed or not listed, to group individual lots into larger lots for sale, to subdivide lots into smaller lots for sale, or to sell any and/or all lots in bulk when it is in the best interest of the Seller.  Changes to or additional terms and conditions, additions, or deletions may be announced by the Auctioneer before ordering the course of the auction. Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer’s number.  All questions or disputes regarding Buyer, lot, identity, price or quantity must be resolved immediately upon the sale of said lot.  No changes or adjustments will be made at a later time.  The record of the sale kept by the Auctioneer and the sale clerk will be taken as final in the event of any dispute.  If any dispute arises between two or more bidders, the Auctioneer may decide the same or put the lot up for sale again at once, and resell to the highest bidder.  The Auctioneer’s decision will be final and absolute.

INJURY AND DAMAGE: Bidder and other persons attending the auction acknowledge responsibility for any personal injury or property damage caused by themselves or their agents, and further agrees to hold Harvey Bendix Auctioneers harmless from any personal injury to themslves or their agents and any property damage incurred on auction premises.  All children under 18 are the sole responsibiliby of the adult accompanying them.  All persons attending preparation, inspection, sale or removal of merchandise assume all risks whatsoever of damage or loss to person and/or property and specifically release the Auctioneer formal liability thereof.  The Auctioneer will not be liable by reason of any defect in or condition of the merchandiser premises on which the sale is held.

SALES TAX: Sales tax will be charged in state where applicable at sale time.  It will be necessary on day of sale to execute a Certificate of Resale for all purchases by dealers.  Failure to furnish this information  will require payment of the sales tax.

SETTLEMENT: Settlement must be made IN FULL immediately upon the completion of the auction by cash or cashier’s check.  No exceptions unless authorized by the Auctioneer.  At the time of complete settlement, the Buyer will receive a paid sales receipt.  BUYER AND/OR  AGENT THEREOF MUST PRESENT PAID RECEIPT FOR RELEASE OF SALE MERCHANDISE OR EQUIPMENT FROM SALE SITE.

REMOVAL: All purchases must be removed no later than as announced.  No lot can, on any account, be removed during the sale. Removal will be at the expense, risk and liability of the purchaser.  Auctioneer will not be responsible for goods not removed within the time allowed.  Any purchases not removed the day of the sale become sole responsibility  of the purchaser.  Auctioneer will not be responsible for goods not removed within the time allowed.  Auctioneer is not responsible for stolen or damaged lots prior to or after sale unless removal is prohibited by Auctioneer.  Buyer is responsible for removing & loading of equipment purchased.  NOTE: Items NOT removed from the auction site within the announced time become the property of the auction company and expenses incurred to be billed to the purchaser.

ADDITIONAL TERMS AND CONDITIONS: The Auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the sale.