AUCTION TERMS & CONDITIONS
1. ID required to bid. All purchasers must present a valid government issued photo I.D. to receive a bidder number to participate in the auction.
2. Full Payment. All purchases must be PAID FOR IN FULL on auction day prior to removal. Payment may be in form of CASH, CHECK, VISA or MASTERCARD. Buyer must pay all taxes on purchased items unless exempted by law. Proof of tax exemption must be provided at time of purchase. Buyer acknowledges that Seller has provided an opportunity to inspect the item(s) before purchase and the Buyer is responsible for full payment whether he has or has not inspected the item(s).
3. Buyer’s Premium. A 13% Buyer’s Premium will be added to the high bid on all items. A 3% discount will be taken from the Buyer’s Premium if payment is by CASH. Once totaled this will establish the final price plus any applicable taxes.
4. Acceptance of Terms. A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and agrees to be bound by them.
5. Descriptions. Although all descriptions and commentary are believed to be correct, neither Auctioneer nor Seller makes any representations or warranties of any kind with respect to the property and in no event will be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, condition, etc..
6. All Sales Are Final. All property is being sold “As Is, Where Is”. It is the bidder’s responsibility to determine condition and usefulness of the item(s) purchased and NO REFUNDS WILL BE MADE.
7. Disputes. The Buyer will be the highest bidder. In case of dispute between two bidders, the Auctioneer at his sole discretion may reopen the bid between the two highest bidders until the property is sold.
8. Transfer of Ownership, Removal and Theft. When the Auctioneer says “SOLD”, the title of the property shall pass to the highest bidder who assumes full responsibility. All property shall be removed from the premises by the purchaser at his own risk and expense within the time period announced by the Auctioneer. Purchasers are responsible for their purchases from the time the Auctioneer declares them “SOLD”. Auctioneer and Auction Company are not responsible for misplaced or stolen merchandise.
9. Reserve Auction and Reservations. The Auctioneer and Seller reserve the right to accept or reject any and all bids. On lots in which there is a reserve, the Auctioneer shall have the right to bid on behalf of the Seller. Auctioneer also reserves the right to withdraw any item during or before the sale. Auctioneer may reject a nominal bid or fractional bid advance if, in his estimation, it proves injurious to the sale or the Seller.
10. Personal Injury, Fire or Theft. Persons attending the Auction preview, the Auction itself or during removal of goods assume all risks of damage of or loss to person and property and specifically release the Auctioneer from liability thereof. Neither the Auctioneer, the company nor its representatives shall be liable by reason of any defect in or condition of the premises on which the sale is being held including but not limited to personal injury, fire or theft.
11. Remedies. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation the right to hold purchaser liable for the bid price, the Auctioneer at his option may (1) resale the property publicly or privately with the purchaser being liable for any deficiency plus all cost incurred or (2) cancel the sale, retaining all liquidated damages on all payment made by purchaser, Auctioneer commission, and all other incidental damages will be charged.
12. Agency. The Auctioneer is acting as an Agent and Agent only and is not responsible for the acts of his Principals.
13. Announcements. Announcements made by the Auctioneer on sale day supersede all previous written, e-mailed, faxed or oral representations made by anyone prior to the sale.
Thank you for your attendance and patronage. We hope that you enjoy today’s Auction . Should you require any auction services, please give us a call. We appreciate any and all referrals. Visit our website at www. MMBAuctioneers.com. Ken Murray, Texas License #17773.