TERMS AND CONDITIONS
All bidders acknowledge that they have read these terms and conditions of sale and agree to be bound thereby. If Buyer does not understand any of these terms or conditions, please ask a staff member of Merchandise Auctions, LLC d/b/a H & A Sales ("Auctioneer") clarification before registering.
13% BUYERS PREMIUM ADDED ON ALL LOTS PURCHASED. ALL BIDS PLACED ARE CONSIDERED A BINDING CONTRACT.
Buyer's premium of 13% applies to hammer price; 3% surcharge applies to credit card payments; applicable taxes are calculated on hammer plus premium and surcharges. All fees are disclosed on the invoice.
All new bidders must call for approval to bid $1000 hold on credit card is required for approval.
Identification - All buyers are required to have a Bidder's Number to bid and shall supply their full name, address and telephone number. A form of picture identification is required to verify information.
Addition to or withdrawal from sale - The Auctioneer reserves the right to withdraw from sale any of the items listed or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Auctioneer may rescind, cancel, or void any sale in the event of clerical or catalog error, suspected fraud or unauthorized bidding, noncompliance with these terms, or legal/regulatory concerns, and may reoffer the lot. The auctioneer has the right at his absolute discretion to refuse any bid. The highest bidder shall be the buyer at the hammer price.
Dispute between bidders - If any dispute arises between two or more bidders, the auctioneer may decide the same or may immediately put the lot up for sale again, and resell to the highest bidder. The decision of the auctioneer shall be final and absolute.
Condition of items sold - The auctioneer shall not be responsible for the correct counts, correct description, authenticity, genuineness of, estimated selling price of, or defect in any lot, and makes no warranty in connection therewith. Buyer acknowledges not relying on any descriptions, photographs, videos, samples, or statements not expressly set forth in these terms; all such materials are for identification only. Quantities and counts are approximate; no price adjustments for variance. No allowance will be made or sale set aside on account of any incorrectness, error in cataloguing, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "as is" and without recourse with risk of loss passing to Buyer upon removal.
Manner of payment - All lots are to be paid in full by cash, certified funds, Mastercard, Visa, or Debit Card within seven days of the close of the auction. 3% surcharge on all major credit cards. Auctioneer reserves the right to hold merchandise until a buyer's check clears and reserves the right to not accept a check. There will be a $35.00 service charge for any check returned from the bank for any reason. Buyer gives absolute consent to the auctioneer to charge the credit card on file for all items, premiums, taxes, and fees acquired during and after the auction.
Georgia Sales Tax - will be paid on the hammer price and the 13% Buyer's Premium. All purchases will be subject to 7% Georgia Sales Tax unless the buyer provides a valid Resale Certificate at the time of registration. All payments are final and Buyer shall waives any right to reverse payment.
Removal - shall be at the expense, liability, and risk of the buyer. Purchases will be delivered only on presentation of paid bill. Pickup requires presentation of paid invoice and government issued photo ID; third party pickups require written authorization matching the invoice. Storage fees of $10/lot/day apply after the deadline. Buyer represents it is eligible to purchase, possess, transport, and use the lots under applicable laws, and will comply with all laws during removal, transport, export, and use. Buyer is solely responsible for permits, licenses, taxes (except as collected), and regulatory compliance. Late fees will be applied if not picked up by specified date. Auctioneer shall not be responsible for goods not removed within the time specified and shall have the option of removing and storing or reselling at the expense and risk of the buyer any article purchased.
Late Fees - If merchandise is not removed by the Saturday following the closing of the auction the buyer will incur a $10.00 fee each lot per day (2 lots = $20 per day, 12 lots = $120 per day).
Claims - No claims will be allowed after goods are removed from premises.
Personal and property risk - Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property, specifically releases the auctioneer from liability therefore and in no event shall Auctioneer be liable to such persons for any consequential or incidental damages. Buyer agrees to indemnify Auctioneer from all costs incurred by Auctioneer as a result of damages occasioned by Buyer or its agents. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
Records - Auctioneer's records, including electronic logs, bid histories, timestamps, and invoices, shall be conclusive evidence of all matters relating to the sale, absent manifest error. Abandoned merchandise will be charged to the credit card on file and sold after a 7 day grace period to cover late fees and expenses. All merchandise remaining after Saturday following the auction will be considered abandoned. If card on file is declined bidder will be disallowed to participate in auctions thereafter. In the event of failure of payment, Buyer shall be liable to Auctioneer for any deficiency remaining after resale and for all collection costs and attorneys fees incurred by Auctioneer. All lots - to be sold "AS IS, WHERE IS. ALL SALES FINAL. NO QUESTIONS ASKED."
Agreeing to these terms and conditions gives consent to Auctioneer to contact customers via email and/ or phone to market or promote future auctions/ events. In return Auctioneer agrees to never sale or share customer's information. Buyer shall have the option to opt out of any future contact.
Additional terms and conditions - Any additional terms or conditions of sale, added by auctioneer, shall be announced prior to auction and will be considered as a valid binding contract.
Platform Use; Data Security; Feedback and Content; Disclosure 0f Information - By accessing or using the Platform or participating in an auction, Buyer authorizes the Auctioneer and its affiliates, contractors, technology providers, and other service providers to collect, access, use, reproduce, store, transmit, process, and retain information relating to Buyer and Buyer's transactions for purposes reasonably necessary to operate, administer, maintain, secure, and improve the Platform and the Auctioneer's business and services. Such purposes may include, without limitation, creating and maintaining user accounts; verifying identity and eligibility; processing bids, purchases, payments, deposits, refunds, and shipping; facilitating communications; providing customer support; preventing fraud, abuse, and unauthorized activity; maintaining transaction and accounting records; troubleshooting and testing; performing analytics and quality assurance; enforcing the Auctioneer's terms and policies; complying with applicable laws and regulations; and protecting the rights, property, and safety of the Auctioneer, its users, and others. This authorization is in addition to, and not limited by, any consent the Buyer may separately provide for marketing or promotional communications.
The Auctioneer will use commercially reasonable administrative, technical, and physical safeguards designed to protect information maintained through the Platform. However, Buyer acknowledges that no website, computer system, electronic transmission, database, or method of storing or transmitting information can be guaranteed to be completely secure. Accordingly, to the fullest extent permitted by applicable law, the Auctioneer does not warrant that the Platform or any information transmitted to or maintained through the Platform will be uninterrupted, completely secure, or free from unauthorized access, disclosure, alteration, loss, or destruction. Buyer assumes the risks inherent in transmitting information electronically and agrees that, to the fullest extent permitted by law, the Auctioneer shall not be liable for unauthorized access to or disclosure of information resulting from circumstances beyond the Auctioneer's reasonable control, including cybersecurity incidents, hacking, malware, ransomware, denial-of-service attacks, failures of third-party systems, or other unauthorized acts or events.
To the extent Buyer submits, uploads, posts, provides, or otherwise makes available to the Auctioneer any review, rating, testimonial, comment, photograph, video, image, or other content relating to the Auctioneer, the Platform, an auction, or Buyer's experience (collectively, "Buyer Content"), Buyer grants to the Auctioneer and its affiliates a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, modify, adapt, publish, display, distribute, transmit, and otherwise exploit such Buyer Content, in whole or in part, in any media or format, for purposes of operating, improving, promoting, advertising, and publicizing the Auctioneer, its auctions, and its Platform. The Auctioneer may use Buyer's name, username, likeness, or other identifying information in connection with Buyer Content only to the extent permitted by applicable law and the applicable privacy policy. Buyer represents that Buyer owns or otherwise has sufficient rights to grant this license and that the Auctioneer's permitted use of the Buyer Content will not violate the rights of any third party.
Buyer authorizes the Auctioneer to disclose, transfer, or otherwise make available information concerning Buyer, Buyer's account, transactions, and use of the Platform to the Auctioneer's affiliates and to third-party service providers, contractors, vendors, and professional advisers that provide services on behalf of or to the Auctioneer, including payment processing, identity verification, fraud prevention, information technology, cloud hosting, data storage, customer support, communications, shipping, accounting, analytics, and other business or operational services. Such parties may access or process information only as reasonably necessary to provide the applicable services or perform authorized business functions, subject to applicable contractual, legal, or regulatory requirements.
The Auctioneer may access, preserve, use, and disclose information concerning Buyer when the Auctioneer reasonably believes that such access, preservation, use, or disclosure is necessary or appropriate to: (i) comply with any applicable law, regulation, legal process, subpoena, court order, governmental request, or other lawful process; (ii) enforce this Agreement or other applicable terms and policies; (iii) investigate, prevent, or address fraud, security incidents, illegal activity, or suspected wrongdoing; (iv) protect the rights, property, or safety of the Auctioneer, its affiliates, users, or any other person; or (v) establish, exercise, or defend the Auctioneer's legal rights or claims. Where legally permitted, the Auctioneer may provide such disclosures without prior notice to Buyer.
Nothing in this Section shall be construed to prohibit or restrict the Auctioneer from making any disclosure required by applicable law or from taking any action reasonably necessary to protect its systems, operations, property, users, or legal interests.
Privacy - Buyer consents to Auctioneer's use of contact information to operate the auction, process payments, prevent fraud, provide customer service, and send marketing communications (opt out available). Auctioneer may share data with its service providers, affiliates, and as required by law. Auctioneer does not sell personal information.
Governing law - This Agreement and all disputes, claims, or controversies arising out of or relating to this Agreement, including its formation, interpretation, performance, breach, enforcement, or termination, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-laws principles. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the transactions contemplated hereby. Each party acknowledges that this waiver is a material inducement to the other party to enter into this Agreement and that each party has had the opportunity to consult with independent legal counsel concerning this waiver.
Third-Party Outages; Cyber Incidents; Force Majeure - To the fullest extent permitted by applicable law, neither party shall be liable to the other for any loss, damage, cost, expense, delay, interruption, or other liability arising out of or relating to: (a) any outage, interruption, unavailability, malfunction, degradation, or failure of any third-party website, platform, hosting service, telecommunications service, internet service, cloud service, software, system, or other third-party technology or service; (b) any cyberattack, cybersecurity incident, hacking, malware, ransomware, denial-of-service attack, data breach, unauthorized access, or other malicious or unauthorized act affecting any party, third-party provider, website, platform, system, or network; or (c) any event or circumstance beyond the reasonable control of the party affected, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, governmental action, embargoes, labor disputes, utility failures, telecommunications failures, internet disruptions, or failures of third-party infrastructure (collectively, "Force Majeure Events").
A party affected by a Force Majeure Event shall not be deemed to have breached this Agreement, and its performance obligations shall be excused or suspended to the extent and for so long as its performance is prevented, delayed, or materially impaired by such event. In no event shall either party be liable for any consequential, incidental, special, exemplary, punitive, or indirect damages arising from or relating to a Force Majeure Event, including any loss of profits, revenues, business opportunities, data, or goodwill. Nothing in this Section shall relieve either party of its obligation to pay amounts that became due and payable before the occurrence of the applicable Force Majeure Event, except to the extent such payment obligation is itself directly prevented by the applicable event.
Additional terms announced in the listing or prior to or during the auction are incorporated herein and, in the event of conflict, will control for the affected lot(s). Notice may be provided by posting on the auction page, email, or announcement.

This is an Online Only liquidation auction of general merchandise from various consignors. It consists of closeouts, bankruptcies, overstocks, shelf pulls, returns, buy backs and return to vendor. Quantities will range from a few pieces to multiple pallets. Please pay attention to what you are bidding on all merchandise is sold "AS IS, WHERE IS, NO GUARANTEES". Bidder is responsible for determining condition and verifying all counts. We encourage you to inspect all merchandise before bidding. All new bidders must call for approval. To bid a $1000 hold on credit card is required for approval. Auciton preview will be 11/2-11/3 9am-5pm. Bidding will open Sunday 11/1 @ 4pm and begin closing Wednesday 11/4 @ 12pm This is a soft closing with lots closing every 25 seconds. There is a 13% BP (10% BP with cash). We accept cash, card, wire, and certified funds only. All invoices must be settled by Saturday following the auction. NO CHECKS OR E-CHECKS (ACH) WITHOUT APPROVAL. MERCHANDISE MUST BE PAID FOR AND REMOVED BY SATURDAY FOLLOWING AUCTION. MERCHANDISE LEFT PAST SATURDAY WILL BE SUBJECT TO STORAGE FEES. NEW CUSTOMERS MUST BE APPROVED. Any questions call or text Josh Harden 770-542-9701