PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. While Proxibid's Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
PLEASE READ: This auction company has requested and been granted access to see all bids placed including any maximum pre-bids. This auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
Special Terms
PLEASE READ: When you place an 'Auto Bid', Macon Brothers Auctioneers policy is to start your bid at fifty percent (50%) of the high bid amount entered. The disclaimers required by Proxibid are provided only for the purpose of incrementing the 50% bid on your behalf.
BUYERS PREMIUM: A 10% buyers premium shall be added to the hammer price as part of the total purchase price and shall be retained by the auctioneer. A 5% buyers premium shall be added to the hammer price as part of the total purchase price and paid to the online facilitator PROXIBID for their service. You may choose to pay by credit card via atgPay for a fee of 3.7%
COMPLETE TERMS & CONDITIONS, ONLINE AUCTIONS:
Please read the terms carefully and review the terms thoroughly prior to bidding as they constitute a legally binding contract between you and Macon Brothers Auctioneers. If you have not read or do not understand the terms below, please do not bid. Bidder hereby agrees to all Terms & Conditions set forth below.
1. CATALOG: All items in this Online Auction are selling AS-IS, WHERE-IS without recourse with NO warranties and NO guarantees, implied or otherwise by neither Macon Brothers Auctioneers or the Seller. Online bidders unable to preview items(s) are advised to obtain all information necessary PRIOR TO BIDDING to make an informed decision as to all conditions that may affect their decision to bid or amount to bid. No refunds will be made after high bid is accepted. Bidders enter into a binding contract and acknowledge all Terms & Conditions of the Auction. Macon Brothers Auctioneers makes a concerted effort to include all information in the description of items. In no event will Macon Brothers Auctioneers or its Sellers be held responsible for any errors or omissions in item descriptions. NO REFUNDS will be made. ALL SALES ARE FINAL. NO RETURNS OR CHARGEBACKS ALLOWED.
2. BIDDER INSPECTION & RESPONSIBILITY: Bidders who bid online and do not attend the preview and inspect the items in person, acknowledge that the item may appear different when viewed online only. Bidder agrees that everything is sold as is, where is, without any express or implied warranties and that they may not return any item(s) they purchase. All Sales Are Final.
3. BIDDER REGISTRATION: All Online Bidders must register through Proxibid.com with their name, address, phone number, email address and credit/debit card so that Macon Brothers Auctioneers may be able to communicate with Bidder on transactions, as needed. Macon Brothers does not sell this information.
4. PAYMENT: You will receive an invoice after the auction ends with confirmation of your purchases. In certain circumstances a letter of guarantee may be required. Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that: MR./MRS.___________ (Specify Name) IS A CUSTOMER OF OUR BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON HIS/HER ACCOUNT UP TO $__________________ (Specify Amount) FOR PURCHASES MADE AT YOUR AUCTION ON_______________ (Enter date) . Bank wire transfers to the account of Macon Brothers Auctioneers Trust Account will also be accepted. Cash Accepted However, If Purchases are 10,000.00 or Greater A IRS For 8300 will be filed.
5. CHECK OUT & REMOVAL: See posted removal date and times listed. No removal without prior payment. Items not removed by final posted date(s) will accrue a $50 per day charge per lot thereafter. Any item(s) not picked up per the Check Out/Removal terms above shall, at the Auctioneers sole discretion, be considered abandoned and will be resold or disposed of by the Auctioneer. No refund of such abandoned items will be made. Equipment purchases must be picked up at the auction site by the purchaser or hauler authorized by purchaser to do so. Loading is the responsibility of the purchaser/hauler. Macon Brothers Auctioneers or its designated representative will be at the Auction site for supervision of removal. Photo ID is required at removal site. Purchaser is solely responsible for complete removal (i.e. crew, packing materials, etc.) and assumes all risk of loss, damage to or destruction of the purchased item(s). See additional important terms in Section 15. RIGGING.
6. ADDITIONS AND/OR WITHDRAWLS FROM SALE: The auctioneer reserves the right to withdraw from sale any of the items listed or to sell at this auction items not listed, and also reserves the right to 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 will be served, the auctioneer reserves the right to sell all of the items listed, in bulk.
7. DISPUTE BETWEEN BIDDERS: If any dispute arises between two or more bidders, the auctioneer may decide the same or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute.
8. SALE BY ESTIMATED COUNT, MEASURE OR WEIGHT: Where items are to be sold by estimated count, measure or weight, the purchaser will be billed for and required to pay for the estimated count, measure or weight. If, when delivered, any shortage exists, the purchaser will receive a refund at the rate of purchase. If there is excess, the purchaser is required to take and pay for this excess at the rate of purchase.
9. 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.
10. CONDITION OF ITEMS SOLD: The auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold as is and without recourse. All expressed or implied warranties are waived.
11. TIME OF PAYMENT: All bills must be paid in full before leaving the premises on the day of the sale. No title shall change hands until payment in full has been received and all checks offered in payment have been honored.
12. MANNER OF PAYMENT: All bills must be paid to representatives of the auctioneer at the auction 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 items.
13. COMPLIANCE WITH SALES TERMS: In default of payment of bills in full within the time herein 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 and removed within the time specified herein may be resold at public or private sale without further notice, and deficiency, together with all expenses and charges of resale, will be charged to the defaulting purchaser.
14. REMOVAL Upon the award of bid, title (subject to auctioneers possessory lien) and all risk of loss, damage to or destruction of the purchased item, passes to the purchaser and auctioneer shall have no liability whatsoever for any damage to or destruction of any such lots. PURCHASER SHALL MAKE HIS OWN ARRANGEMENTS FOR INSURANCE PROTECTION FOR ALL ITEMS PURCHASED.
15. RIGGING: Rigging is also at Buyer's own expense, risk and liability. A certificate of insurance in the amount of $1,000,000.00 naming Macon Brothers Auctioneers, the landlord, and the Seller as additional insured entities must be presented to Auction Company for all heavy rigging requiring the use of forklifts, cranes, etc. whether performed by Buyer or a rigging company. Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer's removal of the purchased items, including installation of vent caps or closures where exhaust or incoming airlines were removed in the roofs or walls. Auction Company has the right to reduce or eliminate these requirements at its sole discretion.
16. NON-DELIVERY RESPONSIBILITY: Auctioneer shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled to it.
17. CLAIMS: No claims will be allowed after goods are removed from premises.
18. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damages of or loss to person and property and specifically release the auctioneer from liability therefore. 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.
19. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.
20. AGENCY: The auctioneer is acting as agent only and is not responsible for acts of its principals.
21. LEGAL ACTIONS: Any debt collection or dispute proceedings will be litigated or arbitrated in Walla Walla County, Washington. In the event legal action is necessary to enforce any terms of this agreement, the prevailing party shall be entitled to reasonable attorneys fees and expenses.
22. SELLER AUTHORIZATION: Seller authorized auctioneer or his clerk to execute sufficient memorandum of sale.
23. TITLED VEHICLES: A $150.00 Negotiable Documentary Service Fee will be charged on all titled vehicles.
24. SHIPPING: Any shipping required is handled by the Kennewick UPS store. If your address is more than 1hr Travel from the location we will assume that it is to be shipped, unless other arrangements have been made. The UPS store will contact purchaser in regards to pricing and any other needs.
25. ADDITIONAL TERMS & CONDITIONS: Any additional terms or conditions of sale added by auctioneer shall be announced prior to the commending of bidding at the auction or on a particular item.
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