Terms & Conditions
TERMS: Cash, Debit, Visa, Mastercard, Discover. No personal checks are accepted. A Buyer’s Premium of 15% (reduced to 12% for cash payments made within the first 7 days after the Auction) will be added to the bid amount, in addition to the PA Sales tax (currently 6%).
1. AUCTION USER AGREEMENT - This is a legal agreement between the Bidder (Buyer) and Auction Time Bid Board / Blums Auction, and S&Y Asset Management, Inc (hereafter referred to as The Bid Board). Bidders must be at least 18 years old to register for a number, and to bid at The Bid Board. The Bid Board, at its sole discretion, may ban from further use any Bidder or Consignor which The Bid Board believes to have in any way misrepresented themselves, or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by The Bid Board. Any Consignor who misrepresents their items and any Bidder who fails to carry through with a purchase will have Bidder and Consignor privileges revoked, will be banned from any future auctions, and may be subject to additional legal actions.
2. REGISTRATION – All Bidders are required to register for a Bidder’s number to bid at Auction Time Bid Board Auctions. Bidders must provide the necessary registration information such as their full name, address, phone number, valid ID, and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering with The Bid Board, you are agreeing that you have read and fully understand the complete ‘Terms and Conditions’, and any other additional terms and conditions announced or posted, and agree to be bound thereby. All registered Bidders take full responsibility for their Bidder number. All bids made by the registered Bidder and by persons they share their number with (i.e.: spouse, friends, relatives etc.) will be the responsibility of the registered Bidder. The Bid Board reserves the right to refuse any applicant for a bidding number or the privilege of bidding at any auction and to revoke such privilege at any time.
3. BIDDING – By bidding, the Bidder acknowledges agreement with all terms and conditions included herein and elsewhere. The highest Bidder when the section closes shall be the winner of the item, and no Bidder shall retract their bid at any time. A Bidder is deemed to have accepted an item or lot when they post their bid. A successful bid constitutes a legally binding contract of sale. All sales are final. The Bid Board reserves the right to reject any and all bids on items and lots. Acceptable bidding increments are established and controlled by The Bid Board.
4. VIEWING – Bidders are afforded a time specific stated opportunity to inspect the items and lots prior to the final close of bidding for the auction. Bidders are relying solely on their investigations and inspections, and not on any representations made by The Bid Board, its Consignors, Auctioneers, licensees, employees and agents or descriptions posted. The Bidders hereby waive any and all further inspections. The Bidders fully agree and understand that they are purchasing each and every item and lot in an 'As-Is'-'Where-Is' condition, with all its goodness and faults. The Bid Board, its Consignors, Auctioneers, licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
5. AS IS/WHERE IS – All items and lots are sold on an 'AS-IS', 'WHERE IS' and 'WITH ALL FAULTS' basis 'WITHOUT EXCEPTION' with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in the sale. The Bid Board and its Consignors expressly and specifically disclaim, without limitations, any warranty of merchantability or fitness for a particular purpose. Removal is at the Bidder's sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by The Bid Board, its Consignors, Auctioneers, licensees, employees or agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Bidders all of the information on the item or lot. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. The Bidders will accept the items or lots despite any defects or conditions, known or unknown, visible or not visible, and therefore Bidders do by these presents remise, release, acquit, quit claim and forever discharge The Bid Board, its Consignors, Auctioneers, licensees, employees and agents from any and all claims now and in the future. The Bidders should avail themselves the opportunity to inspect all items and lots. All Bidders are urged to physically inspect the item during the inspection period. All sales are final. No bids can be withdrawn during or after the auction for any reason. Bidder understands that these terms, as well as all other terms and conditions, can only be amended or revised in writing and signed by The Bid Board. The Bidder also agrees that any oral, written or electronic representation made by The Bid Board shall not modify these "AS IS/WHERE IS" terms. The Bidder understands that any description given in the catalog or written on the equipment is not guaranteed, and the Bidder will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by The Bid Board or Consignors for any errors or omissions.
6. ADDITIONS OR WITHDRAWLS – The Bid Board reserves the right to withdraw from the auction any of the items or lots listed, or to sell at the auction items or lots not previously listed before or during the auction. The Bid Board also reserved the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary by The Bid Board. The Bid Board reserved the right to sell all of the items and lots listed in bulk or to sell any and all items or lots prior to the auction. All items and lots are subject to prior sale and cancellation. The Bid Board reserves the right to augment the auction with items from additional Consignors. These items and lots may be interspersed and not specifically identified throughout the auction.
7. POOLING – Pooling or bid rigging is fraud and a serious Federal Offense. The Bid Board reserve the right to pull the item/s or lot/s from the auction or void any sale at auction or bid on behalf of the Consignor/s, when it detects or suspects pooling by two or more Bidders. Pooling will be prosecuted to the fullest extent of the law.
8. CLAIMS – No claims or returns will be allowed after the items or lots have been removed from the premises. No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standard and/or expectation of the Bidder.
9. DISPUTES – In the event that a Bidder has a dispute with one or more Bidders, all Bidders release The Bid Board, its Consignors, Auctioneers, licensees, employees, agents, officers, directors, subsidiaries, and parent companies from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any dispute arises as to any bidding between two or more Bidders or as to an item or lot, etcetera, The Bid Board at its sole discretion, may immediately put the disputed lot up again for auction or declare the Bidder by decision. The actions and decisions of The Bid Board shall be binding, final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises.
10. THEFT - Theft is a serious concern to all of us and if discovered the individuals involved will be prosecuted to the fullest extent of the law. The Bid Board reserves the right to inspect all vehicles, tool boxes, etc. Instances of theft will result in immediate termination of future bidding and current removal privileges.
11. TITLES - Title and Vehicle transfers will be delivered to the Buyer upon full payment and within legal guidelines. A mutually agreeable time and location will be set by Consignors and Buyers to complete notary work at a licensed Notary.
12. PAYMENT – The Bidder hereby further agrees that whether he/she shall be acting as a principal, an agent, an officer or director of a corporation or partnership, or otherwise in any capacity whatsoever, the Bidder and the Company he/she represents shall both be responsible for the payment of the purchase price, Buyer’s Premium and applicable taxes with respect to any and all items and lots for which the Bidder shall be the successful Buyer at the auction. Note that the purchase price is the total sum of the bid price, sales tax (if applicable), Buyer’s Premium, and any Buyer’s fee (such as a late payment fee). No checks will be accepted and will be treated as non-payment. All payments must be in US funds. Buyers agree to not ‘stop payment’ any credit cards. In the event of non-payment, dishonored, stop payment or canceled credit card for purchases as stated herein, The Bid Board shall have a possessory lien on said unpaid purchases until such purchases are paid for in full. No purchases may be removed from the auction site until said purchases are paid for in full. In the event of any lawsuit or legal action taken in connection with or arising out of the terms herein, The Bid Board shall be entitled to recover all costs, expenses and attorney fees.
13. SALES TAX – All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our auction office prior to the auction. All Bidders will be subject to the sales tax unless the Bidder provides our office with the documentation we require for exemption including (out-of-state Buyers and out-of-country Buyers must pay sales tax on all items including titled items), unless stated otherwise in the auction terms.
14. BUYER’S PREMIUM – The Buyer’s Premium applies to ALL items and will be added to ALL purchases. The Buyer’s Premium is the predetermined percentage added to the high bid price to achieve the contract sales price. The use of a Buyer’s Premium will not in any manner whatsoever constitute an agency relationship between The Bid Board (it’s licensees, employees or agents), and the Buyer. The Bid Board, its licensees, employees and agents are agents for the Consignor Only. The Bid Board may change the Buyer’s Premium at any time.
15. LATE PAYMENT – Any payment accepted late (after the first 14 days following the auction close) shall incur a 10% surcharge on the full amount of the invoice.
16. REMOVAL AND FAILURE TO REMOVE - All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Removal is at the Buyer's sole obligation, cost and risk, and only in a manner approved by The Bid Board. All costs, responsibility and risk of such removal shall be borne by the Buyer and, in every case; Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and lots, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to The Bid Board and The Bid Board shall retain a possessory lien on all items or lots of the Buyer. The auction deposit and any payment made by the Buyer shall be retained by The Bid Board for application against such deficiency. The Buyer agrees that The Bid Board and/or Consignor may retain all monies received pursuant to any such resale and apply that money toward any deficiency without further notice. The Bid Board reserves the right to require proof of adequate insurance coverage from any Buyer of items or lots requiring dismantling, rigging, hot cutting, refrigerant certification, or any situation deemed necessary by The Bid Board. Buyers agree to indemnify and save harmless both the Consignors and The Bid Board, licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents, employees, etcetera, in connection with the dismantling or removing of any item or lot. Buyers agree that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to Auction House's satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and The Bid Board shall have the right but not the obligation, at their sole discretion to resell, discard or remove and store the items or lots at the Buyers' sole risk and expense, without any notice to the Buyer and without waiving any rights that The Bid Board or the Consignor may have against the Buyer. The Buyers understand that they will lose any right, title or interest the Buyers may have acquired and the item or lot shall revert and repossess to the Consignor or Auction House without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc, and damage suffered by The Bid Board because of the Buyers failure to remove any item or lot. It is the Buyer's responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items or lots purchased. Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, their agents, employees, contractors, etc., during the auction or removal, are strictly and solely the Buyer's expense and liability to correct, remove and clean up. The Buyer takes full responsibility for compliance with applicable environmental laws and exercises all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances. The Buyer hereby agrees to indemnify and hold harmless The Bid Board and Consignor from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or lots, and as to the use or operation surrounding the removal of purchased items or lots, and as to any environmental situations created by the Buyer. No purchases may be removed from the auction site until said purchases are paid for in full.
17. REMOVAL EXTENSION - On a case by case basis, and at The Bid Board's discretion, The Bid Board may grant a Bidder a removal extension with a non-refundable (per day) extension fee as set by The Bid Board. Full payment of the extension fee must be made at least twenty-four (24) hours prior to the start of the extension.
18. NON-DELIVERY ON ITEM/S OR LOT/S - In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in-full and removed in the proper time frame. The lack of delivery on any part of the Buyers purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including any addendum/s and/or attachment/s made to these terms and conditions. In no event will The Bid Board's liability to the Buyer exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that The Bid Board and Consignor shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against The Bid Board, Consignors, Auctioneers, licensees, employees and agents. Delivery in this section refers to the transfer of ownership and the physical delivery of an item or lot to the Buyer.
19. PERSONAL AND PROPERTY RISK - Persons attending during viewing and/or removal of items and lots, assume all risks of damage of, or loss to person and property, and specifically assume all risks by reason of any defect in, or condition of the premises on which the viewing and/or removal is held. The Bid Board, licensees, employees, agents and/or Consignors are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from the viewing and/or removal. All persons in attendance during viewing and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by The Bid Board, and federal, state and local regulations. Bidder specifically releases The Bid Board, licensees, employees and agents from any and all liability thereof.
20. INFORMATION - This site and the information, content, and materials on this site are provided on an 'AS IS' 'Where Is,' and 'Where Available' basis. The Bid Board/Provider makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, provider expressly disclaims all warranties, expressed or implied of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.
21. INFORMATION DESCREPENCIES - While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and The Bid Board, licensees, employees and agents will not be held responsible for advertising discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation. No item or lot shall be sold or deemed to be sold by description. A Bidder shall not be entitled to rely on any representations made either in writing or orally, by or on behalf of, the Consignor, Auction House, licensees, employees and agents. The description, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars set out in the newspaper ads, auction brochures, catalogs, and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars, or the genuineness or authenticity of any item or lot, and neither Consignor nor Auction House, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereof. Announcements and postings shall take precedence over any advertising or pre-auction material, written, oral and/or electronic.
22. INDEMNITY CLAUSE - Bidder/s agree to indemnify and save harmless The Bid Board and its employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after, the auction or the privately negotiated sale, and shall survive settlement or lack thereof. Auctioneers are not responsible for accidents. Bidders must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Bidder/s also agree to indemnify and save harmless The Bid Board and its employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Consignor's ownership, responsibility and liability.
23. LIMITATION OF LIABILITIES - You agree that The Bid Board/Provider and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site (Auction House or Provider) or from your purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall Auction House/Provider or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether Auction House/Provider or any of its providers have been advised of the possibility of such damages.
24. AGENCY – The Bid Board, its licensees, employees and agents are acting as an agent for the Consignor only and are not responsible for acts of its principals, nor liability for damages, accidents or theft.
25. BINDING – It is agreed that the Bidder shall be bound by these terms and conditions, and if there is more than one Bidder, the obligations imposed by these terms and conditions, shall be joint and several. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
26. ABSENTEE BIDS & PROCEEDURE - Bidder understands that all terms and conditions posted herein including addendums and attachments, apply to absentee bids as well. Because of the random nature of the auction bidding process, it is possible for the high bid to be by another Bidder, at the same amount that was left by the Absentee Bidder, therefore, it is agreed by the Absentee Bidder that neither the Consignor, Auctioneers, licensees, employees nor representatives, including The Bid Board assume any liability or responsibility of any kind whatsoever for failure to execute bids for or on behalf of the Absentee Bidder for any reason whatsoever.