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SETTLEMENT: |
The United States and State Laws
for failure to pay shall apply. The buyer agrees to make
agreed settlement on sale day during or immediately after
the auction in U.S. currency, bank-certified U.S. funds, or
company check with bank letter of authorization. Here’s how
your letter should read: (Customer Name) is a customer of
this bank. This bank guarantees for a period of ten
banking days from (sale date) unconditional payment of their
company check made payable to Stone Auctioneers & Appraisers
in the amount of $_____. In default of payment and or
property not removed within the specified time, the
auctioneer, in addition to all other remedies allowed by
law, will retain all monies received and resell the property
at public sale without further notice. Any deficiency,
including expenses of resale, will be charged to the
defaulting bidder. |
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BUYER’S PREMIUMS: |
A 12% buyer’s premium will apply
onsite, a 15% buyer's premium will apply online. It will be
added to each purchase in order to make up the sale total.
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REGISTRATION: |
Buyers represent and warrant that
this registration is made for the buyer alone and not on
behalf of any other person. The auctioneer reserves the
right to revoke any bidder card and eject any person at any
time. |
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INSPECTION: |
The buyer agrees to physically
inspect the property and to rely exclusively upon this
inspection in order to bid or purchase at the sale. |
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RECORD OF SALE: |
The record of sale kept by the
auctioneer or bookkeeper must be taken by the bidder or
buyer as absolute and final in all disputes. |
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NO WARRANTIES: |
All
property is sold “as-is, where-is” with all faults. There
are no warranties, representations or guarantees as to
quality, character or condition of the property. The implied
warranty of merchantability is expressly disclaimed. Auction
buyers shall not be entitled to any adjustments or
allowance, rescission, damages or any remedy or claim as to
quality, character or condition of any
property purchased by the
bidders. |
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ACCESSORIES: |
All tooling and accessories will
be sold separate from the equipment unless otherwise stated. |
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RISK OF LOSS: |
The auctioneer and seller are not
responsible for any lost, damaged or stolen property, of any
kind, regardless of circumstance. The buyer assumes
delivery, full responsibility and accepts all risk of loss
for any property purchased from the time the auctioneer
accepts the buyer’s bid regardless of the check out or
closing process. |
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THEFT: |
The theft of any property should
be reported to the local police. It is the right of all
auction buyers to prosecute anyone caught stealing to the
fullest extent of the law. |
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CHECK OUT & REMOVAL: |
The buyer has no right of
abandonment whatsoever. The buyer agrees to remove all
purchased property from the auction site within the
specified time announced or posted in the auction catalog.
Property not removed within the time specified will be
resold or disposed of by the auctioneer or seller without
additional notice and in addition to all other remedies
allowed by law, the auctioneer will retain all monies
received and add any deficiency or expense associated with
resale or disposal of the property to the defaulting buyer.
Riggers, movers, electricians or anyone working as such must
provide the auctioneer with proof of insurance. The coverage
must be at a level acceptable to the auctioneer and seller.
All removal expenses and the repair of damages caused by
removal are at the risk and expense of the buyer and or
their agent unless otherwise stated on the auction invoice. |
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AUCTION SITE: |
Buyer acknowledges that the
auction site is a potentially dangerous place. Every person
attending the auction sale at all times shall be there at
their own risk, with notice of the conditions at the
premises, the activities on the premises, and the conduct of
third parties now given. Buyers shall so advise their agents
and employees. The buyer agrees to indemnify and hold the
auctioneer and seller harmless from any claims or damages.
No person shall have any claim against the auctioneer, his
agents, employees or principals regardless of personal
injury, loss of life or damages to or loss of property.
Buyer also acknowledges responsibility for his actions and
conduct and the action and conduct of their agents and
employees throughout the sale and checkout process. |
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DISPUTES: |
Any
disputes that arise during the course of the sale or pay
period shall be decided by the auctioneer. The decision of
the auctioneer shall be final and absolute. |
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CONSIGNMENTS: |
Auctioneer
hereby gives notice to bidders that some items being sold
may be consigned by third parties. |
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PICTURES: |
In some cases the photograph used may be a
representation and place holder only, it may not necessarily
be the picture of the actual item being sold. |
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ADDITIONAL: |
Announcements made by the auctioneer prior to the sale shall
become a part of this agreement. Although all information
has been obtained from sources deemed reliable, the
auctioneer and seller make no guarantee whatsoever to the
accuracy of any printed materials. The auctioneer reserves
the right to refuse admittance to anyone. The auctioneer
reserves the right to withdraw items, alter the sale order,
accept bids from the seller and group lots as he deems
appropriate. Absentee
bids will be bid proxy from the
auctioneer and staff. The bidders and or buyers will not
hold the auctioneer liable for the seller’s misconduct or
negligence in regards to matters of title or failing to
close on a sale or failing to disclose defects of any kind
including that of hazardous waste. Buyers and bidders will
look to the seller. |
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