ADVANTAGE AUCTION SERVICES TERMS AND CONDITIONS

If you do not agree to these terms and conditions for this auction, DO NOT BID!

***NO SHIPPING FOR THIS AUCTION***

1. TERMS: These items and conditions are absolute and cannot be altered or changed in any way. If you cannot follow these terms 100%, you are welcome to stay as a spectator, but kindly do not bid. If you do not understand any of these conditions, please ask the auctioneer BEFORE bidding. Once you have been evidenced to be the winning bidder, you have effected a legally binding contract which cannot be altered or voided. Be certain you want the item at the bid amount before bidding. No transfer recognized from bidder to bidder.

2. NO GUARANTEE: Everything is sold "AS IS, WHERE IS" without guarantees of any kind, including counts. Use the inspection period to inspect all items in which you have an interest. We encourage you NOT to bid unless you have inspected those items and/or lots and counts. Any guarantee must be in writing, without exception. A preview is usually conducted prior to the sale except as noted below in the ONLINE-ONLY AUCTIONS section, item 17, of these terms and conditions.

3. WARRANTY: Other than delivery of title and/or bill of sale, neither auctioneers nor owners make any representation of warranty as to the quality of title to the property being sold. Neither auctioneers nor owners make any presentation of warranty, EXPRESSED OR IMPLIED, on the property as to its merchantability or its fitness for general or particular purpose. All property is sold "AS IS" and without recourse.

4. PAYMENT: All items must be paid for before you leave the auction premises, regardless of when you will be picking them up. No items may be removed before full payment. Any item(s) left unpaid for will be subject to a storage fee of $5.00 per item, per day, plus any transportation, moving and additional commercial storage costs, plus collection and attorney fees until paid for.

5. PAYMENT TERMS: Payment must be made by cash, credit card or pre-approved check. If you are unknown to the auction company, you may be required to pay cash or certified check only. You may also be required to have a bank letter or bond. Consult with the cashier or contact the auction company before bidding to be certain of payment arrangements. Auctioneer's decisions are final. No transfer of items will be recognized between buyers.

6. INCREMENTS & LOTS: Auctioneers reserve the right to set bidding increments and lot and re-lot items prior to the fall of the gavel regardless of type of auction being conducted. Fractional increment advances may not be recognized as bids. Any listed or announced order of sale may be changed WITHOUT NOTICE by the auctioneer. Auctioneer may bid on behalf of absentee bidders.

7. DELETIONS & ADDITIONS: Any deletions and/or additions to the auction will be announced. The seller reserves the right to add or withdraw lots prior to bidding without notice.

8. DESCRIPTIONS: While descriptions and counts are believed to be accurate, the auctioneer and seller make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity of or defect in any item(s) being auctioned and will not be held responsible for any advertising discrepancies or inaccuracies, or changes since the adverting placement date. Buyers need to rely solely upon their own inspection and information.

9. HOLD HARMLESS: The buyers hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from any injuries to persons or property of any type whatsoever caused during the sale or during the removal of the items purchased. Buyers remove purchases at their own risk. Buyers should arrange for professional removal of wired, plumbed or built-in items. Many pieces of equipment have potential hazards and should be uninstalled and moved by professionals with proper equipment.

10. RESPONSIBILITY & TITLE: Buyers are responsible for their items after purchase. This means that title passed to you on the fall of the gavel, even though you may have not yet paid for the items. You are responsible for guarding your items accordingly. The bidder assumes full risk and responsibility and agrees to pay the full purchase price. The auctioneer is agent for and under contract with the owners of the property or goods being sold. Certain items (consignments) may have been added from other sellers. *** All buyers are responsible for their own items.

11. ADJUSTMENTS: Absolutely no adjustments, claims or refunds will be allowed after the auctioneer's report or final settlement is made with the owner. ANY CLAIMS MUST BE MADE WHILE STILL ON THE AUCTION PREMISES. Any claim must be made in writing within 24 hours of bidder settlement and while goods are still on the auction premises. In no event will auctioneers liability to buyer ever exceed the purchase price actually paid.

12. REMOVAL: Date and time for removal will be posted prior to the beginning of the auction except as noted below in the ONLINE-ONLY AUCTIONS section, item 17, of these terms and conditions. Arrangements for the removal (or shipment) of purchased items is the sole responsibility of the buyer pursuant to and as part of the contract of sale. All auction items must be removed within 5 days or storage fees of $5 per day will be incurred. Auctioneer reserves the right to inspect and check out purchases to ensure removal of proper items and lots. Auctioneer reserves the right to restrict admittance after the auction and control removal doors to maintain proper removal security. Bidders caught willfully removing wrong items, or switching tags, will be subject to arrest for theft. There are specific removal items for this auction under which all items must be removed. No claim can be made for failure of bidder to remove items after the removal period has ended. The removal item is an important condition of this auction. Auctioneers do not guarantee use of loading docks, operation of elevators or moving equipment to facilitate easier buyer removal. Buyers should bring their own moving equipment and labor. Any item not removed from the sale within the specified time may be removed and stored by the auctioneer at purchaser's expense, and auctioneer will not be responsible for loss or damage to those items.

13. TAX: Applicable sales tax must be added to the purchase price of all taxable auction purchases. Dealers who purchase for resale must file their resale certificate with the auction cashier. No refunds of sales tax can be made after settlement.

14. BUYER'S PREMIUM: The final total due for the buyer's purchases at in-house or on-site auctions will include a 13% Buyer's Premium with a 3% discount for cash or check. If you bid $100 for an item, the Buyer's Premium will be $13 making the total $113.00 plus any applicable sales tax or internet bidding fee. The total would be $110 if paying by cash or check plus any applicable sales tax or internet bidding fee. The buyer's premium for online auctions is 15%. If you bid $100 for an item, the Buyer's Premium will be $15 making the total $115 plus any applicable sales tax or internet bidding fee. If you are a local resident near the auction house, but decide to bid over the internet instead of bidding in person, your Buyer's Premium will be the same as any other internet bidder.

15. ANNOUNCEMENTS: Any announcement on the day of the auction shall take precedence over any previously distributed information or advertising. Listen to opening announcements as they are important. Auctioneer may announce additional information or terms during the course of the auction especially as it relates to certain specific items and removal times.

16. ITEMS MAY BE SOLD SUBJECT TO CONFIRMATION/APPROVAL: (BANK, COURT, ATTORNEY, ESTATE APPROVAL, OR INDIVIDUAL SELLER APPROVAL.) ANY INFORMATION REGARDING "SOLD SUBJECT TO CONFIRMATION" WILL BE ANNOUNCED ON DAY OF AUCTION AS WELL AS POSTED ON THE COMPANY WEBSITE.

17. ONLINE-ONLY AUCTIONS: With our online-only auctions, we will provide an inspection period when we are able to. Reasons for not providing an inspection period include, but are not limited to, security issues, limited access (gated community), inaccessible location, no parking, etc. If an inspection period is not offered, it will be the buyer's responsibility to use the pictures and descriptions provided to determine how much they are willing to bid for an item. Buyer is also responsible for contacting the auction company with any questions prior to bidding.

Advantage Auction Services LLC
PO Box 6085
Hendersonville, NC 28793
828-674-7307
NCAL ~ 9301 NCAFL ~ 9696

Living estate liquidation auction. Located in the Green Creek community, this auction offers a wide varierty of items including a 2001 John Deere 790 tractor, several tractor implements, a 2006 Chrysler Town & Country minivan, indoor furniture, concrete statuary and planters, outdoor furniture, and much more!