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About EstateSale. Listing ID : These bidder terms and conditions also form the basis for the contract of sale between the Seller and the Buyer.
The Auction is conducted under and in accordance with these Bidder Terms and Conditions and any and all other terms and conditions posted on the Auctioneer website s and on the websites of any Online Auction Platform Provider s used by Auctioneer.
The Auction is subject to any announcements or corrections by Auctioneer. The following definitions apply to these Bidder Terms and Conditions: “Auction” means an online auction sale conducted by Auctioneer.
Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during the Auction or at such other address as indicated on Auctioneer’s website.
Delivery does not mean that Auctioneer will move or relocate any Lot from its physical location during the Auction, or as indicated on Auctioneer’s website, to any other location directed by the Buyer.
Unless otherwise expressly agreed in writing, Auctioneer will not move or relocate any Lot s on behalf of the Buyer. During an online Auction, the Fall of the Hammer will occur electronically at the end of timed or extended bidding.
The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
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The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such. Auctioneer may utilize one or more Online Auction Platforms.
Auctioneer may utilize one or more Online Auction Platform Providers.
If a Lot is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by the Seller, the Private Sale Price will be an amount equal to the fair market value of the Lot in an arms-length transaction.
It is not required for any Reserve Price to be disclosed.
Bidder Registration; Bidder Qualification. YOU must register to bid.
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Auctioneer may establish such Bidder Registration requirements and Bidder qualifications as Auctioneer determines, in its discretion, to be reasonably necessary or appropriate.
In order to register to bid, YOU must provide such information including identifying information and qualifications as requested by Auctioneer.
Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the Bidder Registration or bidding privileges of any Bidder.
Each entity registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder.
YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted on the Auctioneer website sand the terms and conditions posted on the websites of any Online Auction Platform Provider s used by Auctioneer.
Bidder qualification provisions are intended for the benefit of Auctioneer and its Seller sand create no rights or interests in any other persons, including competing Bidders.
Bids Received in the Commonwealth of Virginia.
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Notwithstanding YOUR physical location or the physical location of any Lot sall bids and payments are received in the Commonwealth of Virginia. Buyer’s Premium.
A Buyer’s Premium, or Buyer’s fee, will be charged on all Lots. The Buyer’s Premium, which will be paid by the Buyer to Auctioneer for its own account, will be calculated as a percentage of the Hammer Price for each Lot, and will be added to the Hammer Price to determine the final Contract Price.
Any person may be denied access to the Auction, the Online Auction Platform, and the premises of Auctioneer or any other physical location associated with Auctioneer or the Auction.
Auctioneer reserves the right to post truthful reviews of Bidders, including blocked Bidders, on social media and elsewhere.
Nature of the Auction.
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Unless expressly stated otherwise in writing, the Auction will be With Reserve. No Bid Retraction. YOU may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online.
Posted Times. Posted closing times and time displays are approximate. Auctioneer reserves the right, in Auctioneer’s sole and absolute discretion, to close early or extend the Auction.
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YOU may establish a maximum bid amount. Online Bids will ordinarily be initiated at an established opening bid amount or at the next bid increment, which amount may be less than YOUR maximum bid amount.
Online bids will automatically be executed competitively up to the Fall of the Hammer or other termination of the bidding. The receipt and execution of online bids will not create an agency relationship between Auctioneer and YOU.
Relationship of the Parties. Auctioneer is the agent of the Seller sand represents the Seller s exclusively.
Bid Increments. Auctioneer may establish bid increments, and may modify or change, bid increments. Absent clerical errors, the records of Auctioneer will be final and conclusive for all purposes.
Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures including disruptions to bidding or the failure to execute, recognize, or record online bidswhether caused by i loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, ii errors in programming or set-up of the online Auction, iii breakdown, disruption, or failure of a Bidder’s internet connection, computer, or system, or iv otherwise.
Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, close, re-set, or re-start the Auction because of disruptions caused by technology failures or errors, even after bidding has commenced.
Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
Auto-Extend Feature. Any Online Bidding Period may include an auto-extend feature.
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This means that, if an online bid is entered within one 1 minutes of the scheduled closing of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional one 1 minutes, and will continue to be so extended until there is a set period of time that lapses during which no advancing online bids are received, after which bidding will close.
Disclaimer Regarding Online Auction Platform s. Auctioneer makes no representations or warranties, and disclaims all representations and warranties, i that any Online Auction Platform s or any related website s or technology will be uninterrupted, error free or virus free, ii as to the results that may be obtained by using any Online Auction Platform s or any related website s or technology, or iii as to the accuracy, completeness, reliability, security, or current nature of any Online Auction Platform sor any related website s or technology.
Responsibility for Online Bids. The final determination of the Winning Bidder is subject to certification by Auctioneer, and any email or electronic message whether generated manually or automatically is subject to such certification.
Winning Bid; Buyer.
Bidder’s Inspection; Adequacy of Description and Images. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot sand that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by any Seller or anyone acting as agent or representative of a Seller including Auctioneerand any photographs or other images of Lot s are adequate for YOUR purposes.
Description of Property. Unless otherwise expressly stated in writing, any description of a Lot is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
High and Low Estimates. If and to the extent that High Estimates and Low Estimates are used, they are merely a guide. You may not rely on High Estimates or Low Estimates as a prediction of the Hammer Price or the value of any Lot, or for any other purpose.
High and Low Estimates are not a guaranty of price or value, and are not an indicator of the possible re-sale value of any Lot. Announcements made, or posted, by Auctioneer on the day of, or during, the Auction are binding and take precedence over any prior advertisements or listings.
Bidding by or on Behalf of Seller s. Seller s may not bid directly, or indirectly, on any of their Lot s. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and the decisions of Auctioneer will be final and binding.
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Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding but will not be required to if i a bid was tendered prior to the fall of the Hammer but went unnoticed by Auctioneer until called to Auctioneer’s attention after the Fall of the Hammer or other termination of the bidding, or ii a technology disruption, failure, or error, caused a bid that was tendered, or attempted to be tendered, prior to the hammer from being received or recognized, or iii some other error or dispute occurs.
Any contracts formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened, the High Bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.
Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Hammer Price, and these Bidder Terms and Conditions, together with the records of Auctioneer identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale.
These Bidder Terms and Conditions will be incorporated into and made a part of each contract between a Buyer and a Seller. All Lots must be paid for in-full at or before the pick-up date and time set forth in the specific Auction listing.
Payment may be made in cash, by approved check, by credit card, by certified funds, or by wire transfer. Auctioneer may require that the payment of large amounts be made by certified funds or wire transfer.
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Purchases will be shipped only after payment has cleared. However, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears.
Delivery; Sales Tax. All Lots will be delivered to YOU at the physical location of such Lot s at the close of the Auction which will be either i at Auctioneer’s location in the Commonwealth of Virginia, or ii at such other location inside or outside the Commonwealth of Virginia as indicated in the specific Auction listing, or iii as otherwise designated by Auctioneer.
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Unless an exemption applies, all purchases are subject to sales tax in the jurisdiction where delivery occurs as set forth in the specific Auction listing and these Bidder Terms and Conditions.
Sales tax will be collected at the point of delivery as set forth in the specific Auction listing and these Bidder Terms and Conditions and will be remitted to the applicable taxing authorities.
The foregoing notwithstanding, if another jurisdiction or taxing authority including, without being limited to, the jurisdiction in which YOU reside, conduct business, or maintain the Lot s purchased by YOU requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible for payment of an amount equal to such tax.
If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and Auctioneer will cooperate in efforts to obtain a refund of such tax and its remittance to the proper taxing authority.
Pick-up and Removal; Shipping; Insurance. Pick-up location and removal dates and times will be as posted on Auctioneer’s website or otherwise announced by Auctioneer.
Unless otherwise agreed, YOU are solely responsible for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU.
Disassembly and removal must be done in a workmanlike manner, and YOU will indemnify and hold harmless both Auctioneer and Seller s against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot s.
Any Lot s shipped to YOU will be via a shipment contract free on board at the location at which the Lot s are handed over to the United States Postal Service, a common carrier, courier, or other delivery service as indicated in the Auction listing.
Possession and risk of loss will pass to you at the point of shipment.
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