Terms and Conditions (User Agreement)
BEFORE REGISTERING TO USE THIS SITE OR ENTERING A BID, PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS THESE ACTIVITIES.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT OR IF YOU ARE LESS THAN 18 YEARS OF AGE, YOU MAY NOT REGISTER TO USE THE SITE OR ENTER A BID ON THE SITE.
Click here to register for a bidding number.
- User Agreement. Access and use of any online auction site of AuctioneerExpress.com (collectively the "Site") is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively "Site User Agreement") and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, BIDDER AGREES TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding bidder's use of this Site. Bidder agrees to abide by the terms & conditions listed for each entity/auction. AuctioneerExpress.com, its employees, representatives, agents (collectively "Auctioneer") or the Owner/Seller may take legal action against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders' responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, bidder agrees in advance to accept any such changes.
- Bid Deposit. A refundable deposit in the amount of $1000 (US currency) is due in the form of wire transfer before any bidder that is not a resident of the United States of America will be activated. If bidder has the winning bid on an item/lot, they may choose to have the deposit deducted from the purchase price (as part of the payment) or take a refund in the form of a check, minus any fees imposed on Auctioneer for receiving and/or returning deposit to bidder. If deposit is refunded or used as payment, the bidder account will be deactivated until bidder wishes to put up another bid deposit.
- Suspension. Bidder will be suspended or permanently banned from the Site if they provide false information when registering, such as a false name or fraudulent contact information. Bidder will be permanently banned from this Site if they are the successful Bidder and do not honor their auction bid. A bidder's account can be diactivated for any reason at anytime, by Auctioneer. An explanation may not be stated.
- Bidder Information. It is the bidder's responsibility to make sure the information they submit is updated on a regular basis. All information needs to be current. Failure to keep a bidder account current can result in deactivation or deletion of account. A bidder may not change the name they register under, once registration form is submitted. All bidders must be a minimum of 18 years old. Auctioneer has the right to reject any bidder for any reason. Valid identification may be required to register. Auctioneer can, at their sole discretion request and obtain a copy of bidder's identification at any time. Auctioneer may require and can request identification and verification for any changes made to a bidder's account.
- Descriptions. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either expressed or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot's nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller.
- Titles and Liens. Buyer understands and agrees that AuctioneerExpress.com nor its employees makes no representation as to the status of title of any of the property being offered at any auction on this site, including, without limitation, the existence or non-existence of any lien or security interest in such property. Buyer is advised to conduct their own title search, and may wish to consult an attorney to examine the title. Any fact, omission, statement or representation as to the status of title, if any, of any property offered at this auction, is made by the consignor/seller only. For good and valuable consideration received, Buyer hereby RELEASES Auctioneer from any claims related in any way to the status of title of any property offered for sale in any auctions conducted on this site.
- Warranty Disclaimer. AuctioneerExpress.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, OR THE SUITABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THE SITE. THE SITE AND ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- Misprints. AuctioneerExpress.com relies on information about assets in the auction provided by the seller and undertakes no investigation of that information. AuctioneerExpress.com shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty therewith. AuctioneerExpress.com will announce any additions to or deletions from the catalog on the day of the auction. The auctioneer assumes no responsibility for, and makes no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders' obligation to verify such descriptions prior to the auction.
- User Agreement. The Site User Agreement constitutes the final expression of the parties' agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Auctioneer does not have control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Owner/Sellers and Bidders take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to bidder's visit to this auction site. Use of this site is at bidder's own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
- Relationship of the Parties. No joint venture, partnership, employment, or agency relationship exists between the Bidder, Owner/Seller and AuctioneerExpress.com as a result of this Agreement or bidder's use of this Site. Bidder and Owner/Seller acknowledges and agrees that AuctioneerExpress.com is only an intermediary that only relays information about certain Assets to interested parties. Bidder or Owner/Seller agrees that they will assume all responsibility in connection with choosing to sell or purchase any Asset, whether or not either party posted or obtained information about such an Asset through this Site. AuctioneerExpress.com assumes no responsibility or liability for any claims that may result directly or indirectly from the Bidder/Owner/Seller relationship, including, but not limited to, tort, breach of contract or breach of warranty claims. Bidder or Owner/Seller HEREBY RELEASES AUCTIONEER EXPRESS AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND AFFILIATES FROM ANY AND ALL CLAIMS OR ACTIONS RELATED TO OR ARISING OUT OF A DISPUTE BETWEEN BIDDER OR OWNER/SELLER AND ANY OTHER USER OF THE SITE.
- Withdrawn Items. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
- Payment. All payments are to be made is US Currency. All payments must be in Auctioneer's office within two (2) business days of auction ending, unless otherwise noted. Payments are due in full. Invoices will be sent to successful bidders. Not receiving an invoice will not excuse a bidder for failure to pay in timely manner. Failure to make payment will result in loss of bidding privileges, bidder may be banned permanently from site. Settlement for 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 (we will only accept wire transfers in the amount of $1,000 or more), 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 must have a non-revocable verifiable bank letter of guarantee (Must have check number on letter, and letter must be guaranteed for up to 14 days.) Make ALL checks & money orders payable to AuctioneerExpress.com, unless otherwise noted in a specific auction's terms and conditions. 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 by 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. Bidder must acknowledge and agree not to retract the purchase offer. Bidder shall be responsible for making arrangements for merchandise removal. No merchandise may be removed until items have been paid for in full, and a receipt has been issued to the bidder/purchaser to be submitted to the owner/seller.
- Invoices and Receipts. Invoices will be sent electronically to the successful bidder once all items in an auction have ended. Bidder will be furnished an electronic receipt titled "Paid Invoice", after guaranteed funds have been received by Auctioneer.
- Removal. Merchandise becomes the full responsibility of Bidder at time of PAYMENT, and Bidder assumes all risk of loss and damage to property until removed from sale premises. Owner/Seller and Auctioneer agree that merchandise may remain on the sale premises for a period of time following the sale. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis, on the specific auction page. After the final removal date, there will be a $30.00 per day, per item/lot storage fee charged to the Bidder. If merchandise is not removed within ten days after the final removal date, the ownership of the merchandise will revert back to the original Owner/Seller and the Owner/Seller may dispose of or resale the item/lot at their discretion.
- Adjustments. Auctioneer will not make any adjustments or issue any refunds to bidder unless consent is given to Auctioneer by Owner/Seller. No adjustment or refund will be made with regard to merchandise inventory after item/lot has been removed from the premises or after the removal date posted by Auctioneer, whether or not the property has been removed. Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
- Right to sale. Auctioneer reserves the right to resell any property not paid for in full within four (4) days of the online auction item/lots closing date. Failure to pay for item/lots won on this online auction will result in forfeiture of your deposit for expenses of resale, collection and damages resulting from the resale. The Owner/Sellers of property sold through this web site reserve the right to reject any and all bids, if they so choose.
- Final Bid. The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final.
- Contractor. Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.
- Agreement. This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer's sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
- Events Beyond AuctioneerExpress' Control. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder and Seller acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
- Information. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information. A valid state or federal identification, such as a driver's license, may be required at any time by the Auctioneer or the Owner/Seller. At any time, Owner/Seller or Auctioneer has the right and may verify all information provided on this site. At any time, Auctioneer or Owner/Seller may require a photocopy of the identification mentioned above from successful bidders or a representative for the bidder. Auctioneer will not be responsible for the use of the bidder's information obtained by the Owner/Seller, whether given by Auctioneer or bidder. Auctioneer will not be responsible for information given to the Owner/Seller that could be subject to the Public Information Act in Texas or other states we may do business in. The Public Information Act in Texas was formerly the Open Records Act. This may be found in Government Code chapter 552. More information, visit www.oag.state.tx.us.
- Notify. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If bidder is receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have bidder name promptly removed from our list. This may result in deletion of bidder account, as all registered bidders receive emails from Auctioneer.
- Winning Bids. The "Winning Bid" in a Featured Auction is the highest bid entered during the auction that is greater than or equal to the opening bid price. There is no Winning Bid for the auction if no bid is entered at or above the opening bid price.
- Bidder Retraction. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once bidder places a bid, and if wins, bidder will be obligated to buy the product at the said price that they indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
- Bidder Security. As a Bidder, you are responsible for any bids placed under your bidding number and password. The security of Bidder's information is the bidder's sole responsibility. As the Bidder, will be responsible for any and all bids placed under their number. If at any time bidder feels that their bidder number and password have been compromised due to lack of security on their part they must notify Auctioneer immediately.
- Third Party Websites. Auctioneer may use hyperlinks linking to "third party websites", giving information, products or services offered. Third party websites are websites that are owned or operated by other companies. Auctioneer does not guarantee, approve or endorse information, products, recommendations or services provided on a third party website. Auctioneer is not responsible for the accuracy, content, information or claims of any third party website. Third party websites may collect data differently and may have different privacy/protection guidelines than that of Auctioneer. Anyone using a third party website linked to this site should become familiar with the third party site and their privacy/protection guidelines. Auctioneer will not be responsible for damages or loss of any kind due to the use of a third party website link. Auctioneer is not liable for any failure of products or services that may be offered or advertised on a third party website.
- Max Bid. Bidder agrees that when using the Maximum Bid feature on the Site, they will use it according to the specifications Auctioneer has in place for that feature. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works.
- Dynamic Auction Extension. In the event that a bid is entered within a designated time period, chosen by the seller, of the scheduled close of the auction, the closing time will automatically be extended, in increments specified by the seller, until no bids have been entered in the pre-stated increment prior to the closing time for the auction. Each Bidder is solely responsible for taking such actions as are appropriate to learn of changes to a closing date or time. The Bidder bears the sole risk of transmitting bids so that such bids are received on AuctioneerExpress.com prior to close of the auction. AuctioneerExpress.com shall not be responsible for notifying any Bidder of a change in any closing date or time. AuctioneerExpress.com will not accept a bid that is received after the closing date and time for the auction.
- Export. Purchaser agrees to comply with all applicable US export laws, and acknowledge that AuctioneerExpress.com is not the exporter of any items. Certain items offered at the auction may constitute "Restricted Technology." Under federal law; such items cannot be shipped outside of the United States. AuctioneerExpress.com makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology.
- Contract Movers. Any type of outside contractors, including riggers and machinery movers, will not be allowed to work on the auction premises until they have provided AuctioneerExpress.com proper insurance, protecting AuctioneerExpress.com, the seller and the landlord from all and any claims resulting from their actions.
- Universal Commercial Code. Per UCC regulations, all lots offered are with reserve unless otherwise stated. In compliance with section 2-328 AuctioneerExpress.com hereby provides notice that AuctioneerExpress.com reserves the right to enter bids on behalf of the seller. The seller also reserves the right to bid on their own behalf.
- Tampering. Bidder agrees that they will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. Bidder agrees that they will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. Bidder agrees that they will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Bidder agrees that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer.
- Warranties. THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to bidder. This warranty gives you specific legal rights and bidder may also have other legal rights, which vary from state to state.
- Limitation of Liability. IN NO EVENT SHALL AuctioneerExpress.com BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR ANY INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF AuctioneerExpress.com HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. THE TOTAL LIABILITY OF AuctioneerExpress.com RELATED TO OR ARISING FROM USE OF THIS SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS, EVEN IF AuctioneerExpress.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Indemnity. Bidder hereby agrees to defend, accept responsibility, indemnify and hold harmless Auctioneer, AuctioneerExpress.com, its respective affiliates, and all of their officers, directors, shareholders, legal representatives, employees, successors, assigns, agents, subsidiaries, governing bodies, Owner/Sellers and hold them harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, judgements and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) bidder, bidder's representative's or agent's use of this Site, property damages or personal injuries incurres on or off auction premises during the inspection, removal or transport of any auction items/lots, (ii) bidder's breach of this Agreement, (iii) bidder's dispute with another user of the Site or (iv) any Asset posted on, or sold through, the Site. Bidder shall not settle or otherwise dispose of any matter that is subject to indemnification by bidder without the prior written consent of AuctioneerExpress.com. AuctioneerExpress.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by bidder.
- Advise. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
- Arbitration. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mt. Pleasant, Texas, (Titus County) and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of Auctioneer pending the completion of arbitration. You and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement
- Disputes. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer's failure to act with respect to a breach by bidder or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
- General. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of the Agreement shall remain in full force and effect. The section headings in this Agreement are for the convenience of the parties only, and shall have no substantive meaning and shall not be used to construe or interpret any provision of this Agreement. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by AuctioneerExpress.com of any right under this Agreement will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. This Agreement constitutes the entire agreement between the user and AuctioneerExpress.com with respect to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between bidder and AuctioneerExpress.com with respect to the subject matter hereof.
- Modifications. AuctioneerExpress.com may, in its sole discretion, amend this Agreement, at any time, by posting an amended Agreement on the Site. Such amended Agreement will become effective upon the posting of such Agreement on the Site. Continued use of the Site after such effective date constitutes acceptance of the amended Agreement. AuctioneerExpress.com reserves the right, for any reason and at any time, in its sole discretion, to modify, suspend, or terminate any portion of the Site without notice
I ACCEPT THE TERMS AND CONDITIONS OF THE AUCTIONEEREXPRESS.COM MEMBER AGREEMENT AND I HEREBY SPECIFICALLY CONSENT TO AUTHORIZE AUCTIONEEREXPRESS.COM TO SEND NOTIFICATIONS OF AUCTIONS VIA PHONE, FACSIMILE TRANSMISSION, AND EMAIL. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REGISTER TO USE THE SITE OR ENTER AN OFFER ON THE SITE.
Click here to register for a bidding number.