Auction Item Removal

Terms and Conditions
This document outlines the terms and conditions of the auction by The City of Livingston, Texas (“City”) of
a wooden office building including porch, ramp and electric utility pole (“Auction Item”), located in Pedigo
Park, 925 US Highway 59 Bypass North, Livingston, Texas.
1. The Auction Item must be removed between August 24 and September 23, 2022. If not removed, the
Buyer will forfeit all rights to the Auction Item. The Auction Item must be removed by the winning bidder
only according to the winning bid number and the purchase rights may not be transferred to anyone else.
Buyer must give the City at least 72 hours notice prior to the date of Buyer’s removal of the Auction Item.
2. Buyer is encouraged and advised to do an on-site inspection of the Auction Item prior to bidding. The
Auction Item will be sold “AS IS”, “WITH ALL FAULTS”, in its present condition and without warranty
of any kind.
3. The City will pull the electrical utility pole and will disconnect all utilities from the Auction Item prior
to removal. City will not provide any assistance whatsoever in the dismantling, removal or transport of
the Auction Item. A City representative must be present during the removal of the Auction Item. No one
under the age of 17 years may assist with or be present during the dismantling and removal of the Auction
Item from City property.
4. Buyer must investigate and obtain any applicable permits for the removal and transport of the Auction
Item required by local, County or State laws, ordinances rules and regulations.
5. Buyer and/or Buyer’s agent or moving contractor actually performing the removal, dismantling and
transport of the Auction Item must provide a Certificate of Insurance in effect as of the dates and times
of the removal, naming the City of Livingston, Texas as the certificate holder, providing a minimum of
$1,000,000 of general liability coverage per occurrence for personal injury, property damage and
automobile liability. City must receive, review and approve such insurance at least 72 hours in advance
of the scheduled removal date.
6. Prior to removal, Buyer and Buyer’s agent and/or moving contractor must each execute a Liability
Release and Hold Harmless Agreement indemnifying the City against loss and damages.

NO BUYERS PREMIUM!

You will be invoiced at the end of the auction. NO invoices will be sent until every item has ended.

PAYMENT INSTRUCTIONS :
Payments MUST be made by 5:00PM, on the 3rd business day following auction! If payment has not been made by deadline, bidding account may be temporarily deactivated. Any payments not made in full on any auction within 1 week of auction ending will result in bidding account being permanently deactivated.

*Please make sure you send your bidder number with your payment!

Payments can be made in our office Monday-Friday between 9:30AM & 12:00PM and 1:00PM & 5:00PM.

Payment for purchases must be made by one of the following methods;

WIRE TRANSFER - any purchase $10,000 or more must be made in form of wire transfer (ALL wires need to include an additional $5) – please call our office for instructions.

POSTAL MONEY ORDER (up to $1,000),

CASH (up to $9,999),

CASHIER'S CHECK, COMPANY CHECK or PERSONAL CHECK (up to $9,999). ALL checks including Cashier’s Checks must have a non-revocable verifiable bank letter of guarantee (Must guarantee NO STOP PAYMENT, have check number on letter, and letter must be guaranteed for up to 14 business days.)

Payments that are mailed should be sent priority mail or overnight, with signature required.

Make ALL checks & money orders payable to:
AuctioneerExpress.com
1521 W. 16th ST.
Mount Pleasant, Texas 75455

NO Credit/Debit Cards or PayPal will be accepted. Merchandise will NOT be released until funds are verified. NO EXCEPTIONS!

TAXES:
City and State Taxes of 8.25% will be charged on taxable items. If an item is 50 HP or more, diesel powered and not registered for highway use, there will also be a 1.5% fuel surcharge tax.

EXEMPTIONS FOR SALES TAX:
All sales are subject to appropriate state Sales Tax laws. If a bidder claims a Sales Tax exemption, they must submit the appropriate Tax form to Auctioneer at the time payment is made. NOT ALL items qualify for sales and use tax exemptions. We have the right to deny bidder's request for a Sales Tax Exemption. If we deny your request for an exemption, we can provide bidder with a Form 00-985. Assignment of Right to Refund, on request. At that time bidder may apply for your sales tax refund directly from the State of Texas. We must have a Tax Exemption Form on file for each Auction! You can get the Exemption Form we require by selecting HELP and then selecting FORMS. If you have questions, please call us.

DISCLAIMER:
Items are "Used" and may contain unknown defects. BIDDER IS RESPONSIBLE FOR INSPECTING MERCHANDISE BEFORE BIDDING. INFORMATION PROVIDED IS BELIEVED TO BE TRUE TO THE BEST OF KNOWLEDGE AND IS TO BE USED AS A GUIDE ONLY. ITEMS ARE BEING SOLD AS IS, WHERE IS WITH ALL FAULTS AND DEFECTS. NO WARRANTIES OR GUARANTEES IMPLIED OR EXPRESSED. AuctioneerExpress will not and cannot guarantee any Mileage or Hours provided. Mileage on vehicles 10 years old or older is exempt and may not be disclosed. Any discrepancies with any item must be brought to the seller’s attention before item is removed from premises.

OUT OF STATE BUYERS:
Out of state buyers that come and pick up items themselves are also subject all Texas state taxes. Out of state buyers that send a commercial carrier to pick up their item can be exempt from Texas taxes by having a commercial carrier to issue us a Bill of Lading. Buyer will, at that time, be responsible to pay all taxes that would be due in their home state to their home state.

TRANSPORTATION & LOADING:
The seller DOES NOT provide transportation or loading services for buyers to remove their merchandise. Any and all lifting, towing, and hauling, as well as other methods or requirements for removal and transport of the merchandise is the sole responsibility of the buyer.

STAGGERED ENDING & EXTENDED BIDDING:
PLEASE NOTE! This auction has staggered ending times. The first item will close at 11:00 AM CST. Each item will close two minutes after the previous. For example: Lot 1 closes at 11:00 AM CST. Lot 2 closes at 11:02 AM CST. Lot 3 closes at 11:04 AM CST. This will continue until all items have closed. Also note that extended bidding is still in place. Therefore, if Lot 1 goes into extended bidding Lot 2 still closes at 11:02 AM CST and Lot 3 will still close at 11:04 AM CST, etc. (unless they also go into extended bidding) while Lot 1 is still in extended bidding. This scenario applies to all lots. If you have any questions regarding extended bidding, please contact us.

No items will be removed without the paid receipt and proper ID, regardless of the method of removal.

ITEMS BEING REMOVED BY SOMEONE OTHER THAN REGISTERED BIDDER:
If item is being picked up by someone other than the registered buyer, buyer must complete a Release Letter. Representative must meet all requirements to remove items. Removal of all items will be by appointment only.

No items will be removed without the paid receipt and proper ID, regardless of the method of removal.

STORAGE:
After the final day for removal, a storage fee of $30.00 per day, per item/lot will be charged to the buyer. If merchandise is not removed within ten days after the final removal date, the ownership of the merchandise will revert back to the seller and the seller may dispose of or re-sell the item/lot at their discretion.