TERMS FOR AUCTION OF WESTCHESTER VEHICLE & SURPLUS AUCTION

Note: This is a cataloged sale and lots will be sold in catalog order.

1.   Purchases are cash or guaranteed funds upon receipt of invoice. NO Credit cards or personal checks accepted. However, for non-vehicle items, personal checks will be accepted.

2.   All lots are sold subject to New York State Sales Tax unless bidder has filled out a NEW YORK STATE SALES TAX EXEMPTION CERTIFICATE and has such certificate on file with the Auctioneer.

3.   If the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction. If, having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to bid on behalf of Buyers/Seller/Secured parties.

4.   Ownership title passes upon the fall of the Auctioneer’s gavel, and thereafter the property is at the risk of the buyer, and neither the seller nor the auctioneer shall be responsible for loss or damage.

5.   Every item is sold “as-is, with all faults.” Neither the Auctioneer nor the Seller makes any warranties or representations of any kind or nature with respect to said property. All sales are final. Catalog descriptions are for simple identification purposes only; no representations are made as to authenticity, age, origin or value. The Buyer relies solely on his/her own inspection and judgment when bidding.

6.   All purchases shall be paid in full by date specified in the shipping and payment terms located in each lot. Any items not removed by that date shall be deemed abandoned by bidder and shall be disposed of at bidder’s expense without recourse.

7.   Purchasers are responsible for all costs involved with removal of their purchases and any and all damages incurred during removal of purchases.

8.   10% BUYER’S PREMIUM shall be added to the top bid to become part of the purchase price. BUYER’S PREMIUM DEFINITION: The Buyer’s Premium is that portion of the commission(s) which is being paid by the buyer. It is clearly understood and agreed by both the buyer and the Seller that the Auctioneer and Broker represent the Seller only.

9. If you, the bidder, are not at pickup before the last person has finished picking up their purchase(s), your items will be considered abandoned. Pickup time(s) are sharp, unless otherwise mentioned, no exceptions.

10. The highest approved bidder is determined to be the buyer. In all cases of disputed bids, the property shall be resold, but the Auctioneer will use his judgment as to the good faith of all claims, and his decision is final.

11. All bidders are required to register and give full identification prior to the beginning of the auction and are required to use the number issued them when identifying themselves as the successful bidder.

12. Should a dispute arise after the auction, the Auctioneer’s records shall be conclusive in all respects.

13. This is a privately owned and operated auction. We reserve the right to refuse admittance to any person(s). No transfer shall be recognized from one buyer to another.

14. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of Terms & Conditions of auction, or in case of default, including, without limitation, reasonable attorney’s fees, as well as any dollar deficiencies which may result in the resale of the property and the cost of re-marketing said property. Additional commissions shall be due and payable.

15. Auctioneer reserves the right to withdraw any property prior to auction.

16. Bidder agrees to the above Terms and Conditions of the auction prior to receiving a bid card for this auction, and all other auctions said bidder attends of ABSOLUTE AUCTION & REALTY, INC. in the future.

17. The above-stated Terms & Conditions of Auction cannot be altered except in writing by all parties of the contract, or by verbal changes to terms give by the Auctioneer at time of auction.

18. Bidder does hereby indemnify and hold harmless the Auctioneer and Seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever, caused before, during, or after the auction.

19. In event that description differs from photos, description takes precedence over photos.

20. Buyers are responsible to make sure they receive everything at point of pickup.

21. Bidder gives permission for Auctioneer and those acting pursuant to its authority to photograph, video tape, or use any other electronic method of recording my likeness and/or voice to be used at the Auctioneer’s discretion in auction-related publications and/or websites.

I have read, understand and agree to accept the above-listed Terms & Conditions of auction.