ATTENTION: |
By registering for this auction, you are entering into
a written agreement with Stone Auctioneers & Appraisers and
the Seller. |
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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 refuse service to anyone, revoke any bidder card and eject any person at any
time. |
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INTERNATIONAL BIDDERS: |
Prior to being approved, International Bidders must provide
a copy of your contract for services agreement and power of
attorney with a U.S. Freight Forwarder that is capable of
meeting all export licensing requirements. The auctioneers
invoice will not be used as an export document and the
auctioneer will not act as your shipper / exporter (PPIN)
under any circumstances. |
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SETTLEMENT
ONSITE: |
The United
States and State Laws for failure to pay shall apply. The
Bidder agrees to make agreed settlement on sale day during
or immediately after the auction in U.S. funds: wire
transfer, bank-certified check, 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 $_____.Visa,
MC, AMEX and Discover will be accepted for purchase totals
up to $2000 (*see credit card terms).
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. |
BUYER’S PREMIUMS: |
A 12% buyer's premium will apply onsite and a 15% buyer’s
premium will apply online. These premiums will be added to
every purchase to make up the sale total. |
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SALES TAX: |
Sales Tax if applicable, will apply to each purchase. If you
are sales tax exempt, you must provide a copy of your sales
tax-exempt documentation. |
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CREDIT CARD TERMS: |
By accepting the terms of this agreement, the Bidder
hereby waves their right to any and all credit card recourse
or chargebacks including the credit card company’s refund
terms. The bidder hereby accepts this registration and the
terms herein including all bidder responsibilities of
inspections and that all property is being sold as is/where
is (caveat emptor). A 3% convenience fee will be added to
the invoice total. |
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DEPOSITS: |
Onsite deposits will apply as posted. Online deposits will
be $500.00. All deposits will apply toward your purchase or
will be fully refundable if no purchase is made. Auctioneer
reserves the right to request additional deposits as
necessary. |
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INSPECTION: |
The bidder reguardless of onsite
or online bidding agrees to physically
inspect the property for errors in the written discriptions
as well as the overall condition of the property prior to
bidding and to rely exclusively upon this
inspection in order to bid or purchase at the sale. |
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NO WARRANTIES: |
The Bidder, regardless of onsite or online bidding, agrees
that property is sold “as-is, where-is” with all faults
including that of description errors and or omissions. 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
Bidders shall not be entitled to any adjustments or
allowances, rescission, damages or any remedy or claim as to
quality, character or condition of any property purchased. |
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MEMORANDA OF SALE: |
The record of sale kept by the auctioneer or clerk must be
taken by the bidder or buyer as absolute and final in all
disputes. |
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HOURS ON MACHINES: |
In some cases machine hours have been listed for the
Bidder's convenience. These are the hours that were
displayed at the time the property was cataloged. These
hours are subject to change and no representation or
guarantee of accuracy is made whatsoever by the Auctioneer. |
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ACCESSORIES: |
All tooling and accessories will
be sold separately 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. The theft of any property should be
reported to the local police. |
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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. |
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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COMPETITIVE BIDS: |
All offerings whether real or personal property are subject
to competitive bids. In the event an offering does not have
the benefit of competitive Bidders, the item may, at the
Auctioneer's discretion, be withdrawn from auction. |
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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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VEHICLE TITLES: |
All titles are guaranteed within 15 banking days unless
otherwise stated. |
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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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