Special Terms
Bidding on and buying auction assets on www.harrisonauctionrealtor.com and its affiliated websites are subject to the series of obligations and rules below.
• The Terms of Website Use for this site.
• The auction-specific terms and conditions unique to each auction, which are represented on
the auction details page for each auction on this site.
• The following general auction terms and conditions.
SOLD AS-IS, WHERE IS, NON-REFUNDABLE
HARRISON AUCITON AND REALTOR AND THE SELLER FURNISH ALL AUCTION ASSETS TO BUYERS AS IS, WITHOUT WARRANTY OF ANY KIND. HARRISON AUCITON AND REALTOR AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. Assets are sold in their actual current condition, with all faults and defects, and with all errors of description. Harrison Auction and Realtor liability to a purchaser will never exceed the purchase price actually paid for an asset.
Bidders accept all auction assets with all faults, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction assets.
Bidders are strongly advised by Harrison Auction and Realtor to take care to satisfy all questions or concerns about the auction process, bidding process or auction assets before placing a bid. Inspection and contact information for the seller of every asset is posted in the item details for that asset.
Buyers are responsible for the cost of auction asset mobilization, disassembly, rigging, transport, insurance and all other costs related to physical transfer of auction assets from their location at the time auction bidding ends.
If the pictures displayed with descriptions do not appear to match, contact harrisonauctionrealtor@gmail.com or call 405-779-5792 to report the auction date and item number.
ABANDONED ASSET POLICY
Harrison Auction and Realtor may declare an asset abandoned when a buyer fails to make full payment by the stated payment deadline or when a buyer fails to remove an asset from the auction site by the stated removal deadline. When Harrison Auction and Realtor declares an asset abandoned, it may take the following steps in its sole discretion:
• Harrison Auction and Realtor may resell the asset in an upcoming auction on the buyer’s behalf for an additional administrative fee of 20% of the original invoice price (minimum $1,000 fee) and account for the resale as follows:
o Net proceeds, if any, will be released to the buyer, calculated as the resale bid price collected plus any amounts paid by the buyer against the original invoice, less all administrative and storage fees accrued;
o If the resale bid price collected plus amounts paid by the buyer against the original invoice are insufficient to cover the buyer's administrative and storage fees accrued, the deficiency will continue to be owed by the buyer, and Harrison Auction and Realtor and the seller will retain all legal remedies to obtain that deficiency;
o Net proceeds may be retained and used by Harrison Auction and Realtor to offset any amounts owed by the buyer related to other past or pending purchases or sales of assets by the buyer or a related party.
• Where the original invoice price is $2,000, Harrison Auction and Realtor may allow the seller to retain or dispose of the asset, declare the buyer’s rights to the asset immediately terminated, and retain all payments by buyer as liquidated damages.
Where an asset is declared abandoned under this policy after the buyer has been issued a certificate of title, the buyer agrees Harrison Auction and Realtor and its administrative personnel are appointed as buyer’s true and lawful attorney-in-fact to apply for a Certificate of Title and/or Registration upon and/or endorse and transfer title for the asset(s) in issue and, by acknowledging these terms and conditions, the buyer swears or affirms that this appointment is true and correct.
ABSENTEE BIDS
While Harrison Auction and Realtor will make every effort to assist bidders, we do not accept absentee bids. Please utilize the maximum bid feature.
BID RESCISSION AND REJECTION
Harrison Auction and Realtor reserves the right to rescind or reject any and all bids.
BID RETRACTION
Retractions will be assessed individually upon request.
SALES TAX
All sales are subject to appropriate state sales tax laws. Winning bidders have the burden of proving their exemption from sales taxes to Proxibid.
To submit your sales tax information email payments@proxibid.com
TAXABLE ITEMS
Tax applies based on the type of item and how it's categorized. Depending on your state, some types of items are taxed, and others are not.
If you believe that the item you’re buying shouldn’t be taxed in your state, please contact the Payments Operations team via payments@proxibid.com.
For tax information relating to vehicle purchases made through Proxibid from events using atgPay, see atgPay: Vehicle Purchases. https://support.proxibid.com/hc/en-gb/articles/12816619224081
The above only applies to purchases made through Proxibid through auction houses utilizing atgPay. For tax information related to purchases made from an auction house not using atgPay, please contact the auction house directly. To determine if an auction house is using atgPay, see What Is atgPay?
SALES TAX REFUND
If you already paid your invoice, but should have been tax exempt, please send your tax exemption certificate to payments@proxibid.com so that the Payment Operations team can initiate a refund of the sales tax.
Refunds for sales tax on items purchased via bank transfer (ACH) may take longer to process as funds must be disbursed to the auction house (which can take 5-7 business days) before they can be returned.
ASSET TRANSFER AND RISK OF LOSS POST-AUCTION
Assets will not be released to buyers until full payment to Harrison Auction and Realtor has been received and funds confirmed. An auction asset becomes the full responsibility of the buyer at the close of bidding on that asset, and the buyer immediately assumes all risk of loss and damage to the asset.
AUCTIONEER’S DISCRETION
Harrison Auction and Realtor has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Harrison Auction and Realtor or the seller.
CHOICE OF LAW AND VENUE; WAIVER
In any matters in which Harrison Auction and Realtor and/or any of its employees, officers, directors, shareholders, agents or assigns is made a party, the law of the State of Oklahoma shall apply, without regard to its law pertaining to conflict of laws, and any dispute shall be decided in the courts of Canadian County, Oklahoma. All claimants consent to the personal jurisdiction of those courts. Auctioneer may waive any provision of these Terms and Conditions, but only in writing. No such waiver shall effect any other provisions of these Terms and Conditions, nor shall it amount to a permanent waiver of that particular provision.
