Terms and Conditions.
This bidder contract entered into between the Bidder whose name is signed below and the Auctioneers named on the front of this card. Bidder and Auctioneer agree that the terms listed below shall govern this auction.
Deposit will be charged to the credit card used to register. Deposit is refundable unless you are the high bidder and don’t pay for your purchases. During the auction you are required to maintain at least 20 percent deposit of your bids. Online bidders agree to provide your credit card number to auction personnel during the auction if requested, likewise the credit card you register with will be charged up to $1000 at the end of the auction and balance due within 24 hours in cash or wire transfer. If card is declined a $15 processing charge will be added to invoice. If you do not want the card charged please send email to auctions at abamex.com before the end of the auction. You will need to pay cash or wire transfer or pay with card on site auction day or the morning after auction. Cannot accept different card over the phone.
PAYMENT: All items must be paid for in full before bidder leaves the premises. Nothing may be removed until it is settled for. All sales are subject to State Sales Tax Laws. PURCHASES NOT PAID FOR WILL BE RESOLD AND DEPOSIT WILL BE FORFEITED. Deposit does not apply towards purchase.
RESALE : Valid California resale certificate must be shown and resale card completed and signed PRIOR TO INVOICING. Please fax (858-384-3557) or email valid resale certif. when you register email@example.com) indicating that all items to be purchased will be for resale, that you are in the business of reselling _______________ (please describe what type of merchandise is covered by your California resale certificate). Out of state buyers will be credited sales tax collected upon receipt of bill of lading.
NO WARRANTY: All items are sold AS IS WHERE IS, without guarantee of any kind. The descriptions of items are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by the Owner (or his agents or officers) or the Auctioneers (or his agents or officers) concerning any item shall be construed as a warranty, either expressed or implied, as to the authenticity of, or defect in any lot, and will not be held responsible for advertising discrepancies or inaccuracies. Bidder has the right to examine the merchandise and accept it the way it is. If you are unsure about an item, please do not bid.
INSPECT. Please inspect before bidding. The majority of the items being sold are surplus or store returns. Some might be new in sealed or open packages. Some might not. None have been tested. Please inspect before bidding. It is your (buyer's) responsibility to inspect, to check legal restrictions in your area and to obtain the mandatory permits if applicable. Some motorcycles and ATVs will be sold FOR EXPORT ONLY. No safety check has been performed nor will be performed by seller nor by auction company on any of the items to be auctioned. It's the buyer's responsibility to follow safety recommendations for all items.
DISPUTES: If a dispute arises between two or more bidders, the Auctioneers reserve the right to reopen the bidding. The Auctioneer and Owner reserve the right to reject any or all bids and to add or delete merchandise until the item is pronounced sold. In the event of non delivery of purchased items for any reason whatsoever, the Auctioneer's only obligation and liability to the purchaser is to return the monies deposited for such non delivered items. If any shortage exists on exact counts, claims for this must be noted by purchaser at time of removal. There'll be no adjustments or credits made after items are removed from premises. It is the buyer’s responsibility to confirm item quantities before bidding; no adjustment nor credits will be made on shortages when items are sold as lots with estimated counts. Bidder agrees to indemnify and hold Abamex, Ltd. harmless from and against any and all claims, damages, liabilities and expenses including reasonable attorney's fees relating to the breach or dispute of this agreement.
REMOVAL of items is the sole responsibility of buyer. Neither Owner (or his agents or officers) or the Auctioneers (or his agents or officers) are responsible for loss/damage incurred thereto from removal of item(s) from premise nor for loading the item(s) for removal from premise. If sending 3rd party need email to firstname.lastname@example.org indicating you request that your purchases be released to XYZ (name of person or company)…. Abamex is not setup to pack nor ship. Please get quotes prior to bidding as all sales are final.
INJURY AND DAMAGE: Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his agent, and further agrees to hold Auctioneers and Seller harmless from any and all damages, claims, liabilities from injuries to persons or property of any type whatsoever caused during the sale or during the removal of items purchased.
Buyer should do his/her own independent research prior to purchasing and buyer agrees that buyer is purchasing as is and any repairs/upgrades if needed on any item(s) are the sole responsibility of buyer. No returns will be accepted, no monetary credits will be given and buyer won't contest any credit card charges due to any of the above. Credit card charge will appear on your statement as Abamex Auction Co., San Diego CA.
The Auctioneer reserves the right to take sealed bids/phone bids/internet bids, accept bids in any increment to the best interest of Sellers & to reject the bidding from anyone whose conduct or actions are not in the best interest of Sellers. The Auctioneer and Sellers reserve the right to add or delete merchandise without prior notice. Sellers may bid on their own property.
The Auctioneer, when acting as agent only, is not responsible for acts of its principals.
15% Buyer’s Premium will be applied at this sale.
All sales are final. Please inspect before bidding. Consult shipper prior to auction as you are entering a legal contract to purchase by accepting these terms and there are no contingencies. Abamex Auction co. tel 858-384-3580 email@example.com www.abamex.com
I have read the above terms and conditions (bidder contract) and hereby agree that the listed therein shall govern this auction.
PS If you need shipper, you might want to contact:
UPS Store attn Dawn or Misty tel 760-961-0838 firstname.lastname@example.org
email@example.com..... or www.uship.com
Warehouse will assist in palletizing (might be small charge), and provide approx weight and measurements. Pallets measure 42x48in. approx. 400-500 lbs weight. Can fit 40 to 48 pallets in a container. Pls. consult shipper prior to auction. You are entering into a legal contract to purchase by accepting these terms and there are no contingencies. Forklift is available on site and will assist with loading.
You (Buyer) need to contact and contract with shipping company.
Note. Announcements made by auctioneer before and during auction supersede these terms.