Auction Terms & Conditions Auction Terms & Conditions Auction Terms & Conditions
This is an INTERNET ONLY AUCTION! All bidding activity will take place online.
REGISTRATION: Bidders must register with third party service providers (Auction Flex and HiBid) prior to bidding. All bidders must complete the registration form provided including name, company (if applicable), mailing address, and phone number. Bidders are also required to provide a valid email address. Credit card info may be required at the time of registration. You may see a charge from Auction Flex for a nominal amount on your credit card statement. This is to verify that the card used for registration is active. The charge will be reversed and you will never have to pay this charge. You will be required from time to time to update your credit card and information on file in order to keep your account current.
INVOICES & PAYMENT: Invoices will be emailed to successful bidders following the close of the auction. Emails will be sent to the email address used at registration.
Payment Instructions will be included. *** VERY IMPORTANT PAYMENT NOTICE, PLEASE READ!! *** IT IS THE RESPONSIBILITY OF THE BUYER TO MAKE PAYMENT OR PAYMENT ARRANGEMENTS WITH OUR OFFICE BY 5:00 P.M. THE DAY AFTER THE AUCTION ENDS. SHOULD YOU FAIL TO DO SO, YOUR FULL INVOICE AMOUNT MAY BE CHARGED TO THE CREDIT CARD USED FOR REGISTRATION.
Cope & Associates Realty and Auction OFFICE (615) 384-7500, firstname.lastname@example.org
TERMS AND CONDITIONS OF THIS "ONLINE" SALE NOTICE: All bidders and other persons participating in this Internet/Online sale acknowledge that they have read and have full knowledge of the terms and conditions and agree to be bound thereby. Your e-mail address used for registration will automatically be added to our mailing list and you will receive notifications of upcoming auctions and events upon accepting these terms and conditions:
1. IDENTIFICATION - All purchasers are required to give full name, address and valid phone number.
2. REGISTRATION - All purchasers are required to register before each auction. Registration requires purchasers to provide their full name, business name, phone number.
3. BIDDING & PURCHASING - All bids submitted are final and irrevocable. If you are the highest bidder and the auction house indicates the lot as sold to you, you are the new owner of that item. All sales are final. Every item becomes the responsibility of the new owner as soon as the auction house indicates that an item has been sold. If you are the highest bidder, you are responsible for insuring your purchase immediately. Buyers cannot take possession of or remove their purchases from the auction site until the total purchase price of all items (including buyer's premium if applicable) has been paid in full.
4. TIME OF PAYMENT - Acceptance of payment(s) will be at the time of pick up. ALL BILLS WILL BE PAID AT LOCATION OF SALE ON SCHEDULED REMOVAL DAY.
5. MANNER OF PAYMENT - All payments for successful bids can be made by either, cash or check. Please inquire about any of these options. All MONIES for balances due shall be payable to the order of COPE & ASSOCIATES REALTY AND AUCTION. All bills must be paid to representatives of the auctioneer unless otherwise announced. The full purchase price on all lots sold to the same buyer must be paid within the time fixed and before removal of any of the goods. A Paid Item Receipt will be supplied to the Purchaser and will be required in order to REMOVE Items from the Site.
6.REMOVAL - See "Auction Details" for removal days and times.
All Items left after posted, or agreed removal times, will result in loss of items and NO REFUNDS will be given. No lot can, on any account, may be removed during the sale. Removal shall be at the expense, risk and liability of the purchaser. Purchases will be released only upon full payment of bill(s). Auctioneer shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the purchaser any article purchased, but not paid for and removed within the time afore said. Once on-site; Cope & Associates Realty and Auction and/or the Landlord are not responsible for any accidents; you and your property will have entered the premise at your own risk and will assume your own liability.
7. - CONDITION OF ARTICLES SOLD - The auctioneer shall not be responsible for the correct description, make, model, age, size, provenance, genuineness, authenticity of, defect in or any other determinative factor of any lot, and makes no warranty in connection therewith. No sale will be set aside nor allowance made on account of any incorrectness, error in cataloguing, or any imperfection not noted. No deduction is allowed on damaged articles, all goods being exposed for public sale are sold "as is" and without recourse. In no event shall Cope & Associates Realty and Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. The Bidder shall be the sole judge of value. Online Bidders understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person.
The Bidders hereby acknowledge that the Auction Company has provided an "advance viewing/inspection date for the sale goods.
8. CLAIMS - No claims will be allowed after removal of goods from premises.
9. RESPONSIBILITY FOR NON-DELIVERY - Auctioneer shall not, in any event, be liable for non-delivery of or for any other matter or thing, to any purchaser of any lot, other than the sum paid on said lot, should the purchaser be entitled thereto.
10. COMPLIANCE WITH TERMS OF SALE - In default of payment of bills in full within the time therein specified, the auctioneer, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for or removed within the time allowed herein and may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting purchaser.
11. RISK TO PERSON AND PROPERTY - Persons attending during exhibition, preview, sale or removal of goods assume all risks of damage or of loss to person and property and specifically release and indemnify the auctioneer, company (Cope & Associates Realty and Auction), Landlord & Seller from liability, to the fullest extent allowed by law, for all claims and costs incurred by Auctioneer or Seller in connection with any loss, damage or injury to person or property arising in connection with the equipment sold hereunder. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
12. ADDITION TO ADD OR WITHDRAWAL FROM SALE - The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to change any description of an item once posted, group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller and customer will be served, the auctioneer reserves the right to sell all the property listed, in bulk.
13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE - Where items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure. If, upon delivery, any shortage exists, the purchaser will receive a refund at the rate of purchase. If there be an excess, the purchaser will be required to take and pay for such excess, at the rate of purchase.
14. DISPUTE BETWEEN BIDDERS - If any dispute arises between two or more bidders, the auctioneer may decide, or put the lot up for sale again at once, and resell to the highest bidder. The auctioneer's decision shall be final and absolute.
15. RESERVE - The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller as with any other bids.
16.(a) "SUBJECT TO APPROVAL - Any item being sold "Subject To Approval" cannot be concluded, and is not a binding sale until the secured lender or owner approves the sale amount. It is a legal requirement for all leasing companies to follow this simple guideline in order to be able to pursue legal action against the previous debtor for shortfalls and deficiencies. Once approved, the purchaser will be notified by email and the sale can be concluded. If not approved, the high bidder will have the opportunity to increase their bid, if they wish to do so, until an agreement can reached. There will be no financial obligation by the high bidder until a sale can be concluded.
17. RECORDS - The record of sale kept by the auctioneer and/or bookkeeper will be taken as final in the event of any dispute.
18. AGENCY- The auctioneer is acting as agent only and is not responsible for the acts of its principals.
19. ADDITIONAL TERMS AND CONDITIONS - The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction. Buyer acknowledges and understands that the Equipment sold may be dangerous if improperly used. Buyer accepts the responsibility to ensure that the equipment they purchase complies with all health and safety requirements, electrical safety standards and all other regulations as imposed by governing laws within the country of intended use for purchased equipment. Buyer acknowledges that they must contact the original manufacturer to obtain up-to-date instructions and operation manuals and other information to insure the safe operation of equipment. Auctioneer and Seller will not be responsible for any loss or injury resulting from defects or alleged defects in the Equipment or from the subsequent use of the items. Cope & Associates Realty and Auction will not be responsible for any technical difficulties or errors in online bidding the bidder may experience during the auction.
The bidder agrees that everything is sold as is and that they may not return any item they purchase.
Cope & Associates Realty and Auction in conjunction with AuctionFlex and HiBid are providing internet bidding as a service to the bidder. The bidder acknowledges and understands that the online service may or may not function correctly. Under no circumstances shall a bidder have any kind of claim against Cope & Associates Realty and Auction, HiBid, AuctionFlex or anyone else if the internet service fails to work correctly. Cope & Associates Realty and Auction will not be responsible for any missed bids from any source.
All property is sold "AS IS - WHERE IS", NO GUARANTEE OR WARRANTY and ALL BIDS AND SALES ARE FINAL!
Seller User Terms
Bidder User Terms