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ONLINE AUCTION TERMS AND CONDITIONS
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE
ONLINE AUCTION, DO NOT BID. BY BIDDING, YOU ARE REPRESENTING AND
ACKNOWLEDGING THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS
FOR THE ONLINE AUCTION AND THAT YOU AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS OF THE ONLINE AUCTION.
You must be at least eighteen (18) years old and legally able to contract to bid and to
purchase at the online auction. You agree to provide accurate, current, and complete information
to the auction company when registering and before bidding, and to promptly update information
if the information you have provided to the auction company becomes inaccurate, outdated,
changed, or incomplete. You agree that you are responsible to maintain the security of your
bidder identification and your payment information including but not limited to your user name
and password, AND that you accept all risks of authorized and unauthorized use of your bidder
identification and/or your payment information, AND that you will promptly pay for all winning
bids made using your bidder identification and/or your payment information including the
winning bid amounts, the buyer premiums, the taxes, and all other costs and expenses owed
related to all winning bids made using your bidder information and/or your payment information.
You agree that the Auction Company may disapprove, suspend, or terminate any bidder
registration at any time, for any reason, at the Auction Company’s sole discretion, and may
prohibit anyone from participating in the Auction Services. You agree that both the Seller and
the Auction Company may pursue legal actions against you if you fail to promptly pay for all
winning bids for property or merchandise made using your bidder identification and/or payment
information, and that the law may allow for the filing of both civil an criminal actions.
You agree that by submitting any bid in the name of a business, entity, company,
enterprise, partnership, or corporation, you are also personally guaranteeing the full payment for
any winning bid made using your bidder information and/or payment information including the
winning bid amounts, the buyer premiums, the taxes, and all costs and expenses related to
enforcing this guaranty and agreement.
You agree that all property and merchandise is being sold “AS IS”, “WHERE IS”,
“WITH ALL FAULTS”, without any representations or warranties of any kind whatsoever,
without any representations or warranties of merchantability or fitness for a particular purpose,
without representations or warranties of compliance with safety laws, environmental laws, or
hazardous materials laws, and without representations or warranties that the buyer or purchaser
will be satisfied with the property, merchandise, or services. You agree that the Auction
Company has not made any independent investigation of any information provided to the
Auction Company related to any of the property or merchandise being sold, that you do not
assume that any information provided is accurate or reliable, and that you are responsible for
making your own inspection and investigation related to any property or merchandise you bid on
or that you purchase thru the Online Auction.
You agree to pay all taxes including sales and transfer taxes related to all winning bids
made using your bidder information and/or payment information unless complete and current tax
exemption documentation is received by the Auction Company prior to the beginning of the
auction sale AND the Auction Company acknowledges receipt of your current tax exemption.
You further agree to pay all taxes including sales and transfer taxes if your claimed tax
exemption is denied or not allowed and any taxes result related to any winning bids made using
your bidder identification and/or payment information.
You agree that the laws of the State of Tennessee shall govern this agreement, shall be
applied if any dispute arises related to the Online Auction, and shall be applied related to any
dispute with the Auction Company. You agree that regardless of any statute or law to the
contrary, any claim, lawsuit, or cause of action related to the Online Auction or related to the
Auction Company or related to these Terms and Conditions must be filed within one (1) year of
the date the bid was made or be forever barred.
You agree that ALL BIDS ARE SUBJECT TO SELLER CONFIRMATION and that the
Seller must accept the winning high bid to constitute a binding contract. You agree that the
Auction Company shall not be responsible for any bidding errors, any communication errors, or
any technology errors. You agree that the Auction Company or the Seller may cancel the sale at
any time, and may withdraw any or all of the property or merchandise from the sale at any time.
You agree that in timed online auctions, the Auction Company may add time to auctions when a
bid is made near the end of the time for the auction, and may continue to do so, at the Auction
Company’s discretion, if further bids are made near the end of the time for the extended auction.
You agree that you are responsible for safeguarding, loading, picking up, transporting,
and insuring all property or merchandise purchased using your bidder information and/or
payment information related to the Online Auction. You agree that you are responsible for all
costs, expenses, and liabilities related to safeguarding, loading, picking up, transporting, and
insuring all property or merchandise purchased using your bidder information and/or payment
information related to the Online Auction. You agree that the Auction Company must confirm
receipt of full payment for all property or merchandise purchased using your bidder information
and/or payment information before allowing you to pickup, load, or transport of any property or
merchandise.
COVID-19: YOU AGREE TO ABIDE BY ALL CDC GUIDELINES WHILE ON THE
AUCTION COMPANY’S PROPERTY INCLUDING BUT NOT LIMITED TO WEARING A
COVERING OVER YOUR MOUTH AND NOSE AT ALL TIMES AND MAINTAINING A
DISTANCE OF AT LEAST SIX (6) FEET FROM ALL OTHERS. You agree to hold the
Auction Company blameless and harmless in the event that you or anyone you bring onto or send
onto the Auction Company’s property contract COVID-19 or any other communicable disease.
You further agree to fully indemnify the Auction Company in the event that you or anyone you
bring onto or send onto the Auction Company’s property contracts COVID-19 or any other
communicable disease and files any claim against the Auction Company, files any lawsuit
against that Auction Company, or institutes any action of any type against the Auction Company
related to contracting COVID-19 or any other communicable disease.