Special Terms
At One Iron Auctioneers, LLC (sometimes referred to herein as “Auctioneer”), one of our objectives is to provide you with clear, straightforward information on our processes. We want to make the auction buying process as hassle free for you as possible. All of our auctions are open to the public. We can assist with the logistics of moving your items to our Auction facility, or we can hold an auction at your facility.
YOU, THE PURCHASER (“PURCHASER” OR “BUYER”), UNDERSTAND, ACKNOWLEDGE AND AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF THIS AUCTION SALE CONDUCTED BY ONE IRON AUCTIONEERS LLC THAT ARE SET FORTH IN THESE TERMS AND CONDITIONS (THE “TERMS”) AS WELL AS THOSE TERMS AND CONDITIONS WRITTEN IN THE AUCTION CATALOG, ON THE SALES INVOICE OR OTHER PRINTED MATERIALS USED BY THE AUCTIONEER IN THE SALE PROCESS (THE “ADDITIONAL MATERIALS”). IN THE EVENT OF ANY DISCREPANCY BETWEEN THESE TERMS AND THE ADDITIONAL MATERIALS, THESE TERMS SHALL PREVAIL.
By attending, bidding at, or registering to bid at a One Iron Auctioneers, LLC auction, you agree and consent to all of the Terms and any other terms and conditions contained in the Additional Materials.
BUYER REGISTRATION REQUIREMENTS:
Please have a valid driver's license, passport, or government identification card. All bidders must be over 18 years of age to register to bid in an auction.
Dealers must bring a copy of their dealer's license and tax exemption certificate for sales tax to be waived.
If you are buying for export outside the United States, you must provide a Bill of Lading from a common carrier before the sales tax will be waived. Purchases made at a One Iron Auctioneers, LLC auction will not be released until the document is received or sales tax is paid on the purchases.
BIDDING REQUIREMENTS:
All bidders are required to register and obtain a Bidder Number.
The Seller reserves the right to reject any and all bids. For purposes of these Terms, the “Seller” is the person (individual, entity, or otherwise) that has legal possession and ownership of any interests, benefits or rights inherent in the subject items.
While completing the registration process, make sure you understand the unique terms and conditions that apply to the absolute public auction you are attending.
Once the auction has begun and the bidding is taking place - if you are unsure of the amount the Auctioneer is asking - feel free to ask any of the One Iron Auctioneers, LLC staff to clarify.
Inspect all items you are planning to purchase before bidding. Do not bid based on photo, catalog description or verbal description alone.
All Online Bidders will be required to complete a copy of our registration packet and submit a signed copy, along with a copy of their Driver's License or valid State I.D.
ALL NEW INTERNATIONAL BIDDERS ARE REQUIRED TO DEPOSIT $10,000 USD PRIOR TO AUCTION OR AT AUCTIONEER’S DISCRETION. A BANK LETTER AND PREVIOUS PURCHASE HISTORY MAY BE ACCEPTED IN LIEU OF A DEPOSIT.
PAYMENT INFORMATION:
One Iron Auctioneers, LLC requires all purchase invoices to be paid in full on or before the third business day after the auction.
We accept cash, business or personal checks (with bank letter of guarantee), certified checks, and wire transfers.
We accept Visa, MasterCard, Discover, and American Express. There will be a 3% fee applied to invoices paid with a credit card.
All payments are to be made to One Iron Auctioneers, LLC
Any check returned for insufficient funds shall incur a service fee of $50.
*** Payments not made as described above will be subject to late fees, penalties and interest plus expenses related to collection cost (including, without limitation, attorneys’ fees). Purchaser acknowledges there will be an 18% interest charge on all invoices not paid within 3 business days of auction. NO EXCEPTIONS. To the fullest extent permitted by applicable law, One Iron Auctioneers, LLC will have and retain a security interest in all items subject of an overdue invoice until such invoice and any fees, penalties, interest, costs and expenses related thereto are paid in full.
TITLE INFORMATION:
All online and out of state bidders will receive titles via FedEx within 21 days of funds clearing the bank.
All buyers paying with cash or cash equivalent will in most cases receive the title application on day of auction.
$50 Documentation fee is charged to each titled item.
INSPECTION & PREVIEW DAYS:
MONDAY PRIOR TO THE AUCTION THROUGH AUCTION DAY FROM 8AM TO 3PM EST.
BUYERS PREMIUM:
There will be a Buyer’s premium added to each item sold (the “Buyer Premium”). The Buyer Premium becomes part of the sale price of any item, meaning that the Buyer Premium is taxable in accordance with applicable law. The Buyer Premium is non-refundable. The applicable Buyer Premium will be either announced at each auction or included in the Additional Materials. If more than one Buyer Premium has been announced or published in the Additional Materials, the later announced or published Buyer Premium will control. The specific Buyer Premium are subject to change from auction to auction. The Buyer Premium is paid by the buyer, and Online Bidders pay an additional 3% internet fee. Documentation fee of $50 is charged to each titled item.
Credit cards (VISA/MASTERCARD/DISCOVER/AMERICAN EXPRESS) are accepted, however there is an additional fee of 3% that will be added to the invoices paid by credit card.
PICK UP & STORAGE:
ALL ITEMS MUST BE REMOVED BY THE END OF THE 7TH DAY FROM THE AUCTION DATE!
STORAGE FEES UP TO $50 PER DAY, PER ITEM MAY APPLY AFTER THE 7TH DAY. Such storage fees must be paid prior to the release of the stored items to Purchaser.
Alternatively, if Purchase fails to remove any items within the time specified, the Auctioneer shall have the right, but not the obligation, in its sole discretion, to resell, remove and store, or discard such items at Purchaser’s sole risk and expense, without waiving any rights that Auctioneer or Seller may have against Purchaser.
ALL COSTS, LIABILITY, DAMAGE, RESPONSIBILITY AND RISK OF SUCH REMOVAL SHALL BE BORNE SOLELY BY THE PURCHASER. NO INDEMNIFIED PERSON ASSUMES ANY LIABILITY FOR INJURY, ACCIDENTS, OR OTHER DAMAGE WHICH MAY OCCUR DURING REMOVAL.
AUCTIONEER ANNOUNCEMENTS:
Announcements made on auction day by Auctioneer take precedence over all printed material and advertising. In some cases, items advertised in printed materials and online may have to be removed from the auction.
AS IS, WHERE IS:
ALL ITEMS ARE SOLD “AS IS/WHERE IS”, WITH ALL FAULTS AND WITH NO WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:
· ANY DESCRIPTION OF ITEMS IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A WARRANTY, REPRESENTATION, OR GUARANTEE THAT SUCH ITEMS WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN.
· NEITHER ONE IRON AUCTIONEERS, LLC NOR THE SELLER MAKES ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES WITH RESPECT TO THE YEAR, HOURS, MILEAGE, OR ANY OTHER DETAILS PERTAINING TO AN ITEM, OR TO THE ACCURACY OF SUCH DETAILS IN ANY ITEM DESCRIPTION PROVIDED.
· NEITHER ONE IRON AUCTIONEERS, LLC NOR THE SELLER MAKES ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES THAT ANY ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT SUCH ITEMS WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL.
Inspect all items before you bid. If you are bidding online, please call our office before auction day to ask questions about the items you are interested in bidding on during the auction; provided, however, that any information provided by our staff on such a call shall not affect the foregoing disclaimer of warranties, representations and guaranties. Online bidders are encouraged to visit auction location and inspect items in person before bidding online. BUYERS ARE SOLELY RESPONSIBLE FOR EXAMINING AND JUDGING THE ITEMS FOR THEIR OWN PROTECTION.
FINAL SALE; RISK OF LOSS:
No transaction may be voided by Purchaser for any reason. Once the Auctioneer declares an item as “SOLD” to the Purchaser (whether verbally, at knockdown, dropping of the hammer, gavel, or similar instrument, or otherwise) (the “Time of Sale”), Purchaser may not retract their bid and Purchaser will be required to carry through with the purchase of such item. If the Purchaser fails to complete such purchase, the Purchaser shall pay to Auctioneer, as liquidated damages and not as a penalty, the difference between Purchaser’s high bid for the item and the high bid for the item at the future sale, plus any charges, costs or expenses arising from such resale and any other costs or expenses that Auctioneer may be entitled to hereunder or in any Additional Materials.
All items purchased by Purchaser become the sole responsibility of Purchaser, and Purchaser assumes all risk of loss or damage to such items, at the Time of Sale, and Purchaser is responsible for insuring any such purchases from and after Time of Sale. One Iron Auctioneers, LLC shall not be responsible for any loss or damage to any lot or item purchased by Purchaser from and after Time of Sale.
ALL SALES ARE FINAL.
The Auctioneer shall not be obligated to accept any returns or issue any refunds in any circumstance. However, in the event that the Auctioneer agrees to accept a return or grant a refund, Purchaser agrees that the total amounts refunded to Purchaser will not exceed an amount equal to the purchase price of the applicable item, minus the Buyer Premium.
FAILURE TO DELIVER:
If, for any reason, the Auctioneer is unable to deliver a purchased item to Purchaser, Purchaser agrees that Auctioneer may terminate the purchase of such item, in which case Auctioneer’s only liability to Purchaser shall be the return of any monies actually paid by Purchaser for such item.
INDEMNITY; RELEASE OF LIABILITY:
Purchaser assumes all liability whatsoever resulting from the possession, use or disposition of the items purchased hereunder. Purchaser hereby releases, waives, discharges and covenants not to sue One Iron Auctioneers, LLC, the Seller, and each of their parents, subsidiaries and affiliates, and each of their respective officers, directors, members, owners, agents, auctioneers, employees and other representatives (collectively, “Released Persons”) of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to the items purchased hereunder or the inspection, loading, removal, transport, ownership, repair, maintenance, and/or use thereof, including, without limitation, any liability or damage relating to injury to person or property. If you are a California resident, you expressly waive any rights you may have under California Civil Code §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Purchaser hereby agrees to indemnify, defend and hold One Iron Auctioneers, LLC, Seller, and their parents, subsidiaries and affiliates, and each of their respective directors, officers, members, owners, agents, auctioneers, employees and other representatives (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages, claims, losses, and liabilities (including, without limitation, attorneys’ fees)incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to (i) the inspection, loading, removal, and transport of any items and any property damage or bodily injury arising therefrom, (ii) the ownership, repair, maintenance (or lack thereof) and/or use of any items, and/or any property damage or bodily injury arising therefrom, or (iii) the enforcement of this indemnity by any Indemnified Persons.
ALL PERSONS WHO ATTEND AN AUCTION, INCLUDING PURCHASER, DO SO AT THEIR OWN RISK, AND NO INDEMNIFIED PERSON ASSUMES ANY LIABILITY FOR INJURY, ACCIDENTS, OR OTHER DAMAGE WHICH MAY OCCUR. Further, Purchaser agrees to indemnify, defend and hold harmless the Indemnified Persons from any and all costs, expenses, damages, claims, losses, and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to Purchaser’s or its minors, agents and representatives’ attendance at an auction.
In no event shall Auctioneer be liable to Purchaser for any special, consequential, or punitive damages.
TITLE:
Unless otherwise noted in the item description or Additional Materials, Auctioneer guarantees free and clear title to each vehicle sold to Purchaser. Upon Purchaser’s payment in full for a vehicle sold to Purchaser, Auctioneer shall use commercially reasonable efforts in accordance with applicable law to obtain and convey to Purchaser title to such vehicle; provided, however, that should a delay in obtaining the title occur, Auctioneer shall in no way be responsible for any losses, damages, attorney’s fees, cost of any kind, interest, punitive damages or any other type of damages resulting from such delay and Auctioneer shall have no liability to Purchaser or any subsequent purchaser for any title delays for any reason whatsoever.
Purchaser is responsible for all fees, taxes and costs associated with the transfer of any item title to Purchaser or their designee (except to the extent such fees, taxes and costs will be paid by Seller), and Purchaser must pay all such fees and costs on or before the time that such item is released to Purchaser.
NOTICES:
In compliance with the American National Standards Institute, as the purchaser of any of the following: (i) digger derricks, (ii) vehicle (truck, trailer or all- terrain vehicle) mounted aerial devices, including extendable boom aerial devices, (iii) aerial ladders, (iv) articulating boom aerial devices, (v) vertical towers, or (vi) any combination of the foregoing, Purchaser acknowledges receipt of the manufacturers manual(s) for each such device purchased hereunder. In the event the manuals were unavailable, the manufacturer’s contact information has been provided so that Purchaser may acquire manuals. Purchaser also acknowledges that Purchaser has sixty (60) days from the Time of Sale to notify the manufacturer of the unit model and serial number along with the name and address of the new owner. Auctioneer may notify the Seller within a reasonable time following the sale date of the new owner’s name and location. Disclosure of Seller information may be provided by Auctioneer upon request by Purchaser.
California Diesel Vehicle Regulation. The following disclosure applies to self-propelled, diesel-fueled vehicles twenty-five (25) horsepower and greater: “An on-road heavy- duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck.”
The following disclosure applies to off-road diesel vehicles: “When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In- Use Off-Road Diesel Vehicle Regulation. It, therefore, could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm”.
BIDDING DISPUTES:
If any dispute arises among bidders, including Purchaser, Auctioneer reserves the right to settle such dispute in any manner Auctioneer deems fit in Auctioneer’s sole discretion, including, without limitation, by conducting a re-bidding of the subject item(s).
MISCONDUCT:
If Purchaser or any of its agents or representatives breach any of the Terms or Additional Materials or otherwise engaged in misconduct during any auction, as determined by Auctioneer in its sole discretion, then Auctioneer shall have the right to remove such person from the current auction (and disqualify any bids or items purchased by such person at said auction) and/or prohibit Purchaser from participating, directly or indirectly, in any future auction or sale, whether public or private.
GOVERNING LAW; SUBMISSION TO JURISDICTION:
These Terms and all Additional Materials, and all matters arising out of or relating thereto or any auction, are governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania (including its statutes of limitation), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
Any legal suit, action, or proceeding arising out of or related to these Terms, the Additional Materials, or any auction shall be instituted exclusively in the federal courts of the United States sitting in Pennsylvania or in the state courts of Pennsylvania, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
ENTIRE AGREEMENT:
These Terms, together with the Additional Materials, contains the entire agreement with respect to the subject matter hereof and supersedes all previous communications, representations, understandings and agreements, either oral or written.
NOTICE OF VIDEO AND/OR AUDIO RECORDING:
Purchaser understands that the Auctioneer may use video and/or audio recording equipment to document the auction, and Purchaser may be recorded as a result thereof. Purchaser consents to such recordings and understands that these recordings may be used in any legal proceedings or issues arising out of or in connection with the auction, these Terms or the Additional Materials.
