Auction Terms & Conditions TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid, you agree to be bound by all these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person.
ASK QUESTIONS BEFORE YOU BID, THERE ARE NO REFUNDS AND NO RETURNS!!!!
1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Gray Dog Antiques and Lisa Bufford (along with all who herein with Gray Dog Antiques Co.) associates of company or clients from any liability.
2. Bidder agrees that all property is sold "AS-IS WHERE IS" with no warranties expressed or implied and ALL SALES ARE FINAL. Property is open to thorough public inspection. Bidders who bid from off site and are not present at the preview understand and acknowledge that they may not be able to inspect an item as well as if they inspected it in person. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Gray Dog Antiques may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Gray Dog Antiques be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Gray Dog Antiques does not guarantee any appraisals, grading, or certifications other than their own. If you have questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. There are no refunds for any reason. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or choosed to not examine them at his or her sole risk. Gray Dog Antiques will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that he or she may not return any item they purchase for any reason except an intentional and material misrepresentation of the item made by Gray Dog Antiques. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. Gray Dog Antiques will refund the purchase price to him/her. Bidder agrees that under no circumstances whatsoever will Gray Dog Antiques ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID.
3. Gray Dog Antiques reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's pre or live Bids at any time. When the auctioneer says "Sold" when live auction or internet bidding closes the bidder assumes full responsibility for the merchandise. Everything must be paid for in full by 3:00PM the day after the auction. Bidder's agree to pay a buyer's premium equal to twenty five (20%) of the hammer price of each item they purchase. Under state law, sales tax will be collected on the entire amount. There is a 5% cash discount for cash payments THE DAY FOLLOWING THE AUCTION ONLY. Any purchase not paid for by 2:00PM CST the day following the auction, may be billed to the credit card you registered with. ALL PAYMENTS OF $250 OR MORE REQUIRE SECURED FUNDS, EXAMPLE: CASH, CASHIERS CHECK, CERTIFIED CHECK OR WIRE TRANSFER. COMPANY OR PERSONAL CHECKS MUST BE PRESENTED WITH A BANK LETTER OF CREDIT (BANK LETTER MUST BE CURRENT GUARANTEEING PAYMENT TO Gray Dog Antiques and be able to be verified the day of payment.
4. Gray Dog Antiques is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall bidders have any kind of claim against Gray Dog Antiques or anyone else if the internet service fails to work correctly before or during the auction. Gray Dog Antiques will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged place their maximum bids at least two hours prior to the auction closing time. Gray Dog Antiques reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, Gray Dog Antiques reserves the right to extend the closing times, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "SOLD" on the internet, no sales are final until they are certified by Gray Dog Antiques and Bidder receives an invoice. Gray Dog Antiques reserves the right to cancel any and all sales and resell the items in whatever manner it chooses.
5. The bids are advanced at pre-set increments available on the bidding web-page. From time to time Gray Dog Antiques may accept items with reserve prices. The seller and Gray Dog Antiques reserve the right to bid on behalf of the seller on items which there may be a reserve. Gray Dog Antiques may reject or cancel any bid for any reason. The record of the auction made by Gray Dog Antiques shall be conclusive. This is a Public Auction as as such, all qualified bidders may bid including Gray Dog Antiques owners, family members, and employees.
6. If a check accepted by Gray Dog Antiques is returned for any reason, Bidder agrees that Gray Dog Antiques may represent it in person or electronically and collect the amount of the check as well as the highest services and fees allowed under Alabama law. Any amount left unpaid shall accrue interest at the highest rate allowed under Alabama state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify Gray Dog Antiques against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not to stop payment on any check paid to Gray Dog Antiques. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his or her credit card. Title to the merchandise transfers to Bidder only when Bidders payment is made in full.
7. All property shall be removed from the premises by the bidder at his/her own risk and expense within the time period announced. All merchandise purchased during times posted for this auction unless special arrangements have been made or with Gray Dog Antiques or it is being shipped. Internet bidders should arrange to pick up their purchases within this time. Either Gray Dog Antiques or a professional shipping company will ship all merchandise not picked up. Bidder hereby grants the shipper or Gray Dog Antiques the right to charge their credit card the entire amount of packing, shipping, and handling costs. In the event that Bidder does not pay for shipping, Bidder shall have no claim against Gray Dog Antiques and will forfeit the merchandise with no refunds. All items will be insured for the purchase price. Bidder agrees that any merchandise not removed on the scheduled pickup day and time will be assessed a 25.00 per day storage and handling fee until items are picked up. Bidder shall have no claim to merchandise not removed when the storage fees outweigh the price of the merchandise. Property will then be considered abandoned and will become property of Gray Dog Antiques to pay storage and handling fees.
8. Bidder agrees that this agreement shall be governed by the laws of the state of Alabama and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Lee County, Alabama. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Gray Dog Antiques and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Lee County, AL with an arbitrator appointed by the District Court of Lee County.
9. Gray Dog Antiques may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification Gray Dog Antiques may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
10. RISK OF LOSS: THE BUYER ASSUMES FULL RESPONSIBILITY AND ASSUMES RISK OF LOSS FOR ALL ITEMS PURCHASED FROM THE TIME THE AUCTIONEER SAYS SOLD TO THE BUYER. THE BUYER WILL OBTAIN FULL LIABILITY INSURANCE ON ALL ITEMS AS REQUIRED BY LAW.
11. AUCTION SITE: BUYER ACKNOWLEDGES THAT THE AUCTION SITE AND ANYWHERE THE PROPERTY TO BE SOLD IS LOCATED OR DISPLAYED IS A POTENTIALLY DANGEROUS PLACE. HEAVY EQUIPMENT IS BEING OPERATED, POTENTIALLY DANGEROUS MATERIALS MAY BE PRESENT, ELECTRIC CIRCUITS MAY BE LIVE, AND OTHER POTENTIAL DANGERS MAY EXIST. EVERY PERSON AT THE SALE SITE (AND OTHER AREAS WHERE THE PROPERTY IS LOCATED OR DISPLAYED) AT ALL TIMES SHALL BE THERE AT THEIR OWN RISK WITH NOTICE OF THE CONDITIONS OF THE PREMISES, THE ACTIVITIES OF THE PREMISES, POTENTIAL CONDITIONS OF THE PREMISES AND THE CONDUCT OF THIRD PARTIES AND BUYER SHALL SO ADVISE HIS AGENTS AND EMPLOYEES. NO PERSON SHALL HAVE ANY CLAIM AGAINST THE AUCTIONEER, THEIR AGENTS, EMPLOYEES OR PRINCIPALS FOR ANY INJURIES SUSTAINED OR DEATH TO ANY PERSON OR PERSONS WHOMSOEVER NOR FOR DAMAGES TO OR LOSS OF PROPERTY WHICH MAY OCCUR FROM ANY CAUSE WHATSOEVER. BUYER ACKNOWLEDGES RESPONSIBILITY FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS WHOMSOEVER OR PROPERTY DAMAGE CAUSED BY BUYER, HIS AGENTS OR HIS EMPLOYEES.
12. TAXES & TITLES: ALL ITEMS ARE SUBJECT TO STATE AND LOCAL TAX LAW. YOU MAY ONLY USE YOUR SALES TAX # TO COVER PURCHASES THAT APPLY UNDER THAT NUMBER. ALL OTHER PURCHASES ARE SUBJECT TO TAX. WE MUST HAVE A COPY OF YOUR SALES TAX CERTIFICATE. FAILURE TO FURNISH THIS NUMBER WILL REQUIRE PAYMENT OF SALES TAX.
13. JUDGEMENT OF AN ITEM: ALL PROPERTY SELLS AS IS, WHERE IS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. THERE ARE NO WARRANTIES AS TO THE QUALITY, CHARACTER OR CONDITION OF ANY OF THE ITEMS. PLEASE INSPECT EQUIPMENT BEFORE BIDDING. THE IMPLIED MERCHANTABILITY IS EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE BUYER SHALL NOT BE ENTITLED TO ANY ADJUSTMENT OR ALLOWANCE, DAMAGES OR ANY OTHER REMEDY OR CLAIM ON THE QUALITY, CHARACTER OR CONDITION OF ANY ITEM PURCHASED. DO NOT BID UNLESS YOU HAVE INSPECTED THE ITEMS AND DETERMINED THE CONDITION FOR YOURSELF. Gray Dog Antiques IS ACTING TODAY SOLELY AS AN AUCTIONEER. Gray Dog Antiques IS NOT THE SELLER, AND THEREFORE MAKES NO WARRANTY AS TO QUALITY OR CONDITION OF THE EQUIPMENT OR ITEMS.
14. ALL DESCRIPTIONS AND CONDITIONS OF EQUIPMENT IN THIS CATALOG ARE BELIEVED TO BE CORRECT AND HAVE BEEN CONSCIENTIOUSLY SET FORTH BY THE OWNER. HOWEVER, NEITHER THE OWNER NOR THE AUCTIONEERS ARE RESPONSIBLE FOR ANY ERRORS IN DESCRIPTION OR CONDITION. THE BUYERS CATALOG ACTS AS A GUIDE ONLY. THE AUCTIONEER DOES NOT GUARANTEE YEAR MODELS, MILEAGE OR CONDITION OF AN ITEM. METER READINGS OR MILEAGES IN THIS CATALOG ARE NOT GUARANTEED AND ARE MERELY A READING AT TIME OF CHECK IN. BUYER ACCEPTS RESPONSIBILITY TO INSPECT AND VERIFY HOUR OR METER READINGS BY ANY MEANS NECESSARY PRIOR TO BIDDING. AUCTION COMPANY IS IN NO WAY RESPONSIBLE FOR ANY DISCREPANCIES OF HOUR OR METER READINGS. ANY MANUFACTURER'S WARRANTIES STATED IN CATALOG ARE PROVIDED BY SELLER TO THE AUCTION COMPANY AND HAS NOT BEEN VERIFIED. BUYER ACCEPTS RESPONSIBILITY TO VERIFY ANY STATED WARRANTIES WITH THEIR LOCAL EQUIPMENT OR TRUCK DEALERSHIPS.
15. LIVE preview of items will be ______________ from _______________.
16. Items may be picked up from __________________________. The pickup and payment day for this sale is __________________ from _____.
Make sure and bring everything you need to load including boxes, straps, labor and etc. For liability reasons we cannot provide helpers for load out. ALL ITEMS NOT PICKED UP BY 2pm will be subject to the 25.00 per day storage and handling fee as mentioned above.
Shipping of small items can be arranged at buyer's expense. Shipping is usually the actual shipping cost plus $8.00 to $25.00 per box packing and handling depending on the complexity of the items to be shipped. Gray Dog Antiques Is not responsible for items damaged during shipping. It is up to you the buyer to get with the shipper to remedy and damages during shipment. We do recommend you have all packages insured to protect from damages during shipment
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