Online bidding terms and conditions
Online bidding terms and conditions
IMPORTANT
These terms and conditions apply to all live online bidding at auctions conducted by Gray's Auctioneers in conjunction with Invaluable Live! By registering to participate in a Gray's Auctioneers auction via Online Bidding, you expressly agree to these terms and conditions.
1. These Terms and Conditions are applicable to those buyers who bid with us through Invaluable.com. By bidding at auction you agree to be bound by these Terms and Conditions of Sale.
2. The Lots listed in this auction will be offered by Gray's Auctioneers LLC ("Auctioneer" or the "Company") as agent for consignor(s) or owner.
3. All the Property offered and sold through the Company shall be offered and sold under the Terms and Conditions set forth herein. YOUR BID IS A CONTRACT. By participating in any auction at the Company, you acknowledge that you accept and are bound by these Terms and Conditions, any of which may be modified or waived at the sole discretion of the Company.
4. Buyer acknowledges and agrees that Gray's Auctioneers LLC shall be found to have no duty as to the validity of the consignor/owner's lawful title to any property (lot) offered for sale greater than reasonable reliance on the representations of the consignor or owner. The Company provides no statement, guarantee or warranty as to the lawful title of any lot, and Buyer waives and releases the Company from any claims based on alleged defects in legal title to any lot.
5. Gray's Auctioneers LLC advises all prospective buyers to examine in person all lots they are interested in before the auction. YOUR BID IS A CONTRACT and ALL SALES ARE FINAL. All Property (Lots) are sold "As Is" and without recourse, and neither Auctioneer nor it's consignor(s) make any warranties or representations of any kind with respect to any of the Property (Lots) to be sold at auction, including, without limitation, with respect to warranty of title, warranty of merchantability, fitness for a particular purpose, or any other warranty or representation of any kind in reference to the Property. Neither the Company nor its consignor(s) shall be responsible for the correctness, authenticity, provenance, attribution, condition or any other terms used to describe the Property; and furthermore, neither Auctioneer nor its consignor(s) shall be deemed to have made any representation or warranty, in any advertisement, or in any statement by anyone or which is made at the sale, in the bill of sale, invoice, or elsewhere, nor shall any of the foregoing be deemed an assumption of liability. The absence of any reference to the condition of a lot does not imply that the lot is free of imperfections or the effects of aging.
6. All prospective buyers must register and provide identification before bidding. We may require bank or other financial references. The Company reserves the right to refuse admission to the premises, and/or to refuse participation in any auction at any time at the Company's sole discretion.
7. Registered bidders agree to accept personal responsibility for paying the total purchase price, which includes the Hammer Price plus a 25% buyer's premium up to $500,000 (20% thereafter), and all applicable taxes. Buyers Premium includes 5% commission paid to Invaluable.com by Gray's. If a bidder (ie an identified third party) would like to appoint an agent to bid on their behalf it must be agreed in writing by the Company before the start of an auction, and Gray's Auctioneers will look to the aforementioned third party for payment.
8. The Company will accept any pre-sale ("Absentee") bids left in writing prior to the commencement of the Sale, however, the Company is not responsible for failing to execute such bids, or for any errors or omissions in connection with such bids. If an Item or Lot receives written bids for identical amounts, and they are the highest bids, the Item or Lot will be sold to the buyer whose written bid was received and accepted first. The Company's copy of and records regarding receipt and acceptance of any Absentee bid shall be deemed sole evidence and conclusive.
9. A buyer may register to bid via telephone at least 48 hours before the start of an auction. The Company will make every reasonable effort to contact the prospective telephone bidder to enable them to bid by phone at the auction, however, the Company does not accept any liability for failure to do so, or for any errors and omissions in connection with the telephone bidding.
10. Some Lots in the Sale may be subject to a confidential reserve below which the Lot will not be sold. The reserve will not exceed the low estimate of the Lot. The Auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the consignor and may continue to bid on behalf of the consignor up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders.
11. If any Lot is offered without reserve, unless there are already competing bids, the Auctioneer, may open the bidding at half the low estimate. If a bid is not offered at that level, the Auctioneer may proceed backwards until a bid is offered, and then continue up from that initial bid at increased increments.
12. The Company reserves the right to withdraw any Property at any time before the hammer falls at its complete discretion, and shall have no liability whatsoever for such withdrawal.
13. The Company reserves the right to reject any bid. The highest bidder acknowledged by the Auctioneer will be the buyer. In the event of any dispute between bidders, the Auctioneer shall have absolute and final discretion either to determine the successful bidder, or to re-offer and re-sell the Property in dispute. If any dispute arises after a sale, the Company's sale record shall be conclusive and final.
14. The Auctioneer's decision to refuse any bid, advance the bidding in any manner, withdraw a Lot, determine a successful bidder, continue the bidding, to cancel a sale and reoffer and resell an item in dispute, is conclusive, absolute and final.
15. Title of the property immediately passes to the highest acknowledged bidder when the Auctioneer's hammer falls, subject to the Terms and Conditions set forth herein, at which point the bidder assumes full risk and responsibility for the Property. The buyer shall pay the full purchase price which includes Hammer price, together with the 25% buyers' premium PLUS any applicable fees, taxes and shipping costs WITHIN FIVE (5) DAYS of the date of sale. Payment shall be made in US dollars by cash, cashier's or certified check, credit cards accepted by the Company, in-state personal check, or wire transfer. Balances over $5,000 must be paid by wire transfer. Payment will not be considered complete until funds are cleared. No Property will be released to the buyer OR SHIPPER until payment has been made in full. If payment is made by check the Company reserves the right to hold Property purchased until funds have cleared the bank. Buyer agrees to pay the Company a handling charge of $50 for any check dishonored by the drawee.
16. The Buyer will remove all purchased Property at their own expense within five (5) days of the date of sale, and if not removed, the Property may be sold by the Company, or removed by the Company to a public warehouse or storage facility, at the sole risk, responsibility and expense of the buyer. The Company will not be responsible for any loss, theft, or damage to any Property remaining on the Company's premises five (5) days after the sale. If purchased Property remains on the Company's premises after five (5) days, the Company reserves the right to charge a monthly late fee of 10% of the total purchase price, and an additional administrative fee of $200.00 if the Property is not picked up after thirty (30) days. If property has not been shipped or pick-up after sixty (60) days, ownership of property reverts to Gray's Auctioneers Llc.
17. If the buyer fails to pay in full with good cleared funds, or fails to comply with the Terms and Conditions of the Sale as set forth herein, the Company reserves the right to exercise one or more of the following remedies, in addition to any other remedies available to the Company by law:
a) hold the defaulting buyer liable for the full purchase amount due;
b) charge interest at a rate the Company decides upon within reason;
c) cancel the sale;
d) resell the property without reserve at public auction, or privately under such terms as Company deems appropriate, and the defaulting purchaser will be liable for any difference between the original purchase price and the final sales price. In addition, the defaulting buyer will be responsible for any costs incurred by the Company including, but not limited to, handling, storage, commissions, insurance, administration, any and all legal fees, incidental damages and all costs relating to this transaction; and
e) Forbid the buyer from participating in any future auction.
18. The Company can provide a successful bidder with a list of shippers AFTER PAYMENT HAS BEEN MADE. However, the Company will not be responsible for the acts or omissions of carriers or packers engaged by the buyer whether or not such shipper was listed by the Company. Property will not be released to a third party shipper without the buyer's consent, and unless the Company is in receipt of full payment. Any packing and handling by the Company is at the entire risk of the buyer and the Company bears no liability for any loss or damage to such items. The cost of shipment will be Buyer's full responsibility.
19. If a purchased Lot, for any reason, cannot be delivered in the same condition as at the time of sale, or should any purchased Lot be stolen, mis-delivered or lost prior to delivery, the Company shall not be liable for any amount in excess of that paid by the purchaser.
20. The conduct of the auction and all transactions associated with it, the Terms and Conditions herein set forth, together with the rights and obligations of the Company, Consignor and Buyer are governed by the laws under the jurisprudence of the State of Ohio. If any part of these Terms and Conditions is found by an Ohio court to be invalid, illegal or unenforceable that part will be discounted and the rest of the Terms and Conditions will continue to be valid to the fullest extent permitted by law.
Payment Due in 5 Days
Terms And Conditions
To all our Bidders by submitting your bid You agree the responsibility that You have read and agree with the Auctioneer Terms and Conditions.
All items are sold as is where is. Do not bid unless You are prepared to pay for all items bid on. Ask questions before bidding. There is a 15% Buyers Premium. The Auctioneer has the right to withdraw any item at any time. The successful bidder immediately assumes full risk and responsibility for the purchased lot.
The winner agrees to pay Hammer Price, Buyers Premium Shipping and Insurance.
REGISTRATION: Registration is necessary in order to bid. Payment may ONLY be made in the form of credit cards, PayPal, checks, money orders, cash, western union, money gram, certified funds Bank Check. It may be necessary to register for each online auction with Auction Zip.com.
CREDIT CARDS: We are accept credit cards for payment and if you are the high bidder of an auction and you fail to make payment in the time required a 2% charge will be applied to your credit card and the item will be offered to the backup bidder or re offered at auction. This is an Industry Standard Practice among Internet Auctions.
SHIPPING: This is an ONLINE AUCTION PLEASE DO NOT BID if you are unable to remove your items during the scheduled removal times. NO refunds will be granted due to a lack of removal at the designated times. After the scheduled removal, items will be considered abandoned and you will be charged a removal fee for disposal of your items. WE DO SHIPPED! Please check for checkout times and additional terms and conditions.
BUYERS PREMIUM: A 15% buyer's premium will be added to each purchase. If your winning, high bid is $100.00 at check out you will be charged $120.00 plus 5% Live Premium Fee any applicable sale tax.
PAYMENT: Cash, Certified Funds or Bank Check, Money Orders, PayPal. We accept credit cards. Please verify this prior to bidding. Failure to verify payment terms does NOT relieve you from your payment responsibilities.
TIME OF PAYMENT: Payment is expected according to terms and conditions of each auction. NO ITEMS MAY BE REMOVED UNTIL PAYMENT IS VERIFIED!
TAX: All applicable sales tax 6.35% will apply. If you have a tax exemption certificate you must submit that to our office prior to the close of the auction or at the time of pick up your lots.
BID NOTIFICATION: If you have been outbid you will be notified by email but it is best to check back often especially in the final moments of an auction. If a bid is upset within ten minutes of the end of an auction the end time will automatically extend an additional ten minutes. To quickly review your bids and see if you have won you can utilize the 'My Bids' feature. Items that have been outbid will be clearly identified.
WINNING BIDDER NOTIFICATION: You will be contacted via email or telephone once the auction has ended and winners are verified. If you are not contacted you are not the winner.
CATALOG INACCURACIES: You are bidding on the described item not the photo. Occasionally the wrong photo is displayed, always read the item description. Please ask questions before bidding an the auction Ends.
WARRANTY & CONDITION OF ITEMS SOLD: All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. Keep in mind that these items are possibly used and may have light surface scratches and or dents / dings. Preview is suggested in order to gauge the condition of each piece. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. You are bidding on the described item and the photo.
REMOVAL: Bidders are responsible for their own removal. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location no items will be released without a paid email receipt.
IMPORTANT! The Auctioneer will have the option of RESELLING, removing, storing or abandoning, at the expense and risk of the purchase, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.
CHOOSE WISELY: We want everyone to enjoy the auction and get a great deal. However, mistakes happen. If the mistake is on our part we will do our best to correct it. If the mistake is on your part we ask the same of you. ALL bids will be expected to be honored and paid according to the terms and conditions herein. Your registration constitutes your acceptance of these terms and conditions. This is a LEGAL CONTRACT. Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price.
