TRUE BLUE AUCTIONS LLCONLINE AUCTION � BIDDER TERMS & CONDITIONS (PERSONAL PROPERTY ONLY)
Legal Notice (Intellectual Property). These Bidder Terms & Conditions are proprietary to True Blue Auctions LLC (�Auctioneer�), developed with counsel, and may not be copied, disclosed, or distributed to anyone other than a registered bidder and the bidder�s legal counsel.Contract Binding Effect; Click-to-Agree.
By creating an account, registering, and/or clicking any button or checkbox labeled �REGISTER,� �I AGREE,� �BID,� �CONFIRM BID,� or similar on this website, you adopt an electronic signature and agree that you have read, understand, and accept these Bidder Terms & Conditions (�Terms�). If you do not agree, do not register and do not bid.Scope; Parties; Agency. These Terms govern participation in Auctioneer�s online auctions of personal property only. They form a legal, valid, binding, and enforceable contract between Auctioneer and each participant, bidder, and buyer, and are incorporated into, and form the basis of, the contract of sale between the Seller and the Buyer for each Lot. Unless expressly stated otherwise in writing, Auctioneer acts as agent for Seller and is not the Seller.Commonwealth of Pennsylvania; Governing Law; Venue; Jury Waiver. The Auction is conducted in the Commonwealth of Pennsylvania; bids and payments are deemed made in Pennsylvania. These Terms are governed by Pennsylvania law (including statutes of limitation, without regard to conflicts rules). All claims or disputes arising out of or relating to registration, bidding, any Lot, or these Terms must be brought exclusively in the state or federal courts sitting in and for Centre County, Pennsylvania. By registering or bidding, you consent to personal jurisdiction there, waive objections to venue or forum non conveniens, and waive trial by jury.Definitions. �Auction� means the online auction event identified on the catalog page.
�Lot� means each item or grouping offered.
�Bidder� means any person/entity that registers or bids.
�Buyer� means the winning bidder for a Lot.
�Fall of the Hammer� means the moment the Lot is declared sold by system closing or Auctioneer announcement; in timed online auctions this occurs electronically at the end of bidding (including any extensions).
�Hammer Price� means the highest bid accepted at the Fall of the Hammer.
�Buyer�s Premium� means the percentage or amount announced for the specific auction (and/or Lot) on the catalog page and any written addenda or announcements for that auction, which is added to the Hammer Price to determine the Purchase Price.
�Purchase Price� means Hammer Price plus Buyer�s Premium and any applicable taxes, fees, shipping, and charges.
�With Reserve� means Seller may accept or reject any bid prior to the Fall of the Hammer.
�Subject to Confirmation� means the high bid is pending Seller approval after close.With Reserve (Default).
Unless expressly and clearly stated otherwise in writing, all Lots are offered With Reserve.
Seller and/or Auctioneer may withdraw any Lot or decline any bid at any time prior to the Fall of the Hammer.
When stated, a Lot may be Subject to Seller�s Confirmation after close.
Registration; Approval; Bidder Number Responsibility. Accurate registration information and any requested identification and proof of funds must be provided.
Auctioneer may accept, refuse, suspend, or revoke registration at any time in its sole discretion.
You are responsible for all bids placed on your account until Auctioneer receives and acknowledges written notice that your account has been compromised.Bidding; Increments; Soft-Close; Extensions; Records.
Bid increments are set by Auctioneer and may change during the sale.
Timed auctions may include �soft-close� extensions to discourage sniping; the platform�s timer and on-screen messages control.
Auctioneer�s records of bidding, winner, and Hammer Price are final and conclusive in all disputes.
No Bid Retraction; Reliance. Bids are irrevocable. You may not retract, withdraw, or reduce a bid once placed.
Auctioneer relies on submitted bids to conduct the sale; disruptive bid retraction is prohibited.
Technology; Availability; No Liability. Online bidding is provided as a convenience.
Auctioneer is not liable for interruptions, delays, failed connections, platform errors, browser/device issues, or missed bids.
Auctioneer may pause, extend, reopen, or cancel any portion of the sale to address irregularities in its discretion.
Descriptions; Inspection; AS-IS/WHERE-IS/ALL FAULTS; No Post-Sale Contingencies.
Unless expressly stated otherwise in writing, descriptions, photos, measurements, weights, counts, provenance, attributions, and condition statements are for identification only and are not warranties. All Lots are sold AS IS, WHERE IS, WITH ALL FAULTS, including latent defects. All warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, authenticity, and provenance, are disclaimed to the maximum extent permitted by law. By bidding you acknowledge a full and fair opportunity to inspect (including requesting additional information prior to bidding) and that you are relying solely on your own due diligence. There are no financing, appraisal, inspection, or approval contingencies after close.Value of Property; Waiver of Price-Adequacy Claims. As between Seller, Buyer, and Auctioneer, the Hammer Price (and, where relevant, the Purchase Price including Buyer�s Premium) is the agreed and binding measure of the Lot�s true market value as of the Fall of the Hammer.
Seller and Buyer irrevocably waive and release any claim that a Lot was worth more or less than the Hammer Price/Purchase Price at the time of sale; alleged inadequacy or excessiveness of price is not a ground to rescind, avoid, or challenge the sale or to seek damages, reformation, or other relief.Buyer�s Premium; Taxes (Variable, As Announced).
Each Lot is subject to a Buyer�s Premium in the amount/percentage announced for that specific auction (and/or Lot) on the catalog page and any written addenda or announcements.
The announced Buyer�s Premium is incorporated by reference into these Terms and is added to the Hammer Price to determine the Purchase Price.
Applicable sales/use tax will be charged unless Auctioneer receives valid exemption documentation before invoicing.Payment; Due Date; Accepted Forms; No Stop-Payments or Chargebacks. Payment in full for all Lots on your invoice is due within two (2) calendar days after the auction closes unless the catalog states a different deadline.
Accepted payment forms are those listed on the catalog page (e.g., card for invoices under a stated limit; wire/ACH/certified funds for larger totals).
You covenant not to issue stop-payment orders or initiate credit/debit card chargebacks for auction purchases. If you do so, you remain liable for the debt and for all costs of contesting and reversing the stop/chargeback and collecting payment, including reasonable attorneys� fees and expenses.Default; Interest; Enforcement Costs; Remedies.
If you fail to pay when due, fail to provide shipping instructions or approvals, or otherwise breach these Terms: Auctioneer may charge interest at the maximum lawful rate; cancel the sale; resell the Lots at public or private sale; and/or pursue any remedies at law or in equity.
You are liable for all damages, including any deficiency on resale, storage and handling, cataloging and re-listing costs, buyer outreach, and all costs of enforcement and collection, including reasonable attorneys� fees, court costs, and post-judgment collection expenses.
Account suspension and reporting to platforms may occur.Pickup; Deadlines; Handling; Risk of Loss; Abandonment. Risk of loss passes to Buyer at the Fall of the Hammer.
Unless shipping is arranged, Buyer must remove purchases within the pickup window stated in the catalog or in Auctioneer�s post-sale instructions. Auctioneer may charge handling, late-pickup, storage, and labor fees for property left beyond the deadline. Any Lot not paid for and removed within seven (7) days after the auction may be deemed abandoned and, at Auctioneer�s option, resold, disposed of, or stored at Buyer�s expense without credit or refund.
Abandonment does not relieve Buyer of payment obligations.Shipping; Title; Insurance. Shipping is a separate service arranged at Buyer�s request and expense; all carriers are Buyer�s agents.
Title passes to Buyer at the Fall of the Hammer subject to Auctioneer�s lien for unpaid sums.
Buyer must insure shipments for not less than the Hammer Price (the agreed �true market value as of the Fall of the Hammer�) plus Buyer�s Premium and taxes.
Auctioneer is not liable for loss, damage, delay, packing method, or carrier performance.
Lots may have restrictions or special handling requirements; Buyer is responsible to comply and to pay associated costs.
No Returns; No Offsets; Sole Remedy. All sales are final. No returns, refunds, exchanges, offsets, or rescissions are permitted.
To the extent any remedy exists against Auctioneer or Seller, Buyer�s sole and exclusive remedy is a refund of amounts actually paid for the specific Lot, conditioned on prompt return in the same condition, and only where required by law.
Auctioneer and Seller will not be liable for incidental, consequential, special, punitive, or exemplary damages, including lost profits or opportunities.
No right to specific performance exists against Auctioneer.Private Sale Protection.
You may not solicit a private purchase of Lots prior to or during the Auction.
If unsold Lots are sold by Seller within ten (10) days after the Auction, Auctioneer is entitled to its full commission and Buyer�s Premium as if sold at Auction.Bid Pooling; Collusion; Theft; Compliance. Bid pooling, collusion, or artificial suppression of bids is illegal and will be referred to authorities. Theft or fraudulent conduct (including nonpayment with intent to deprive Seller/Auctioneer of property or services) may be referred to law enforcement.
Auctioneer may permanently bar violators from future auctions.Photographs; Recording; Publicity Release. Auction activity may be recorded. By attending previews or pickups, or by purchasing, you grant Auctioneer a royalty-free, worldwide, perpetual license to use images, video, and audio of the Auction environment in which you may appear for catalog, archival, and promotional purposes, without compensation or approval rights, to the maximum extent permitted by law.Intellectual Property; Catalog Materials.
All text, images, video, data, and designs on Auctioneer�s sites and catalogs are owned by or licensed to Auctioneer and may not be used without written permission.Prohibition on Recording in Public Records.
You may not record these Terms, your registration, invoice, or any unsigned memorandum in public records. Any such recording constitutes a cloud on title and material breach; Auctioneer and/or Seller may obtain removal at your expense and recover reasonable attorneys� fees and costs.Indemnification; Limits.
You agree to defend, indemnify, and hold harmless Auctioneer, Seller, and their affiliates, owners, employees, and agents from and against all claims, losses, liabilities, damages, and expenses (including reasonable attorneys� fees) arising out of or related to your attendance, inspection, bidding, purchase, breach of these Terms, or violation of law, except to the extent finally adjudicated to have been caused by the indemnitee�s willful misconduct or fraud.Complaints; Regulatory Filings. If you file or cause to be filed any complaint, claim, action, or regulatory/licensing proceeding against Auctioneer or its license that is dismissed, withdrawn, or resolved in Auctioneer�s favor, you shall pay Auctioneer�s reasonable attorneys� fees and costs incurred in defending such matter.Severability; Entire Agreement; Authority.
If any provision is held invalid or unenforceable, the remainder remains in effect.
These Terms constitute the entire agreement between Auctioneer and Bidder concerning online participation in personal property auctions and supersede prior statements not set forth in a signed writing.
You represent that you have full authority to bind yourself or the entity on whose behalf you bid.Headings; Finality of Decisions.
Headings are for convenience only. Auctioneer�s decisions regarding registration, eligibility, increments, conduct of sale, winner designation, and dispute resolution are final and binding on all participants.
ACKNOWLEDGMENT. By clicking �REGISTER,� �I AGREE,� �BID,� �CONFIRM BID,� or any similar button, you adopt an electronic signature and agree to be legally bound by these Bidder Terms & Conditions for this and all True Blue Auctions LLC online personal property auctions.

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