Terms & Conditions
ONLINE AUCTION BIDDER TERMS AND CONDITIONS
Online terms and conditions are in addition to any general onsite auction terms and conditions. By using the site and bidding on items, Bidder agrees to be bound by the following Terms and Conditions.
Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.
This auction will be conducted within the framework of the rules listed below plus and other provision that may be added by S & S Equipment Auctions (hereinafter “Auctioneer”) via e-mail or as posted on .
All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
1. Access and Use: Access and use of any online auction site of AuctionTime.com (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this Online Auction Bidder Terms and Conditions Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
2. Invoices: Invoices will be emailed to successful bidders within 8 hours of the close of the auction. Full payment of the purchase price is charged to your credit card prior to e-mail notification that you are the successful bidder. Applicable taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located. Buyer will be furnished an electronic receipt at the conclusion of the sale.
3. Online Auction Fee: Auctioneer shall charge and collect from each successful bidder a Percent Auction Fee ( %) for each item, in addition to the final high bid amount.
4. Merchandise return/refunds: All items bid on and awarded to you as high bidder are your property upon the final payment of your invoice which will be charged to the credit card. No refunds or exchanges will be accepted. ALL SALES ARE FINAL. I waive any and all rights concerning charge backs or refund for any items charged off to me
5. False Information. You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information.
6. Payment. Settlement for payment for purchases must be made by credit card or wire transfer unless otherwise noted in a specific auction's terms and conditions. All sales are subject to appropriate state Sales Tax laws. Buyer must acknowledge and agree not to retract the purchase offer. All payments must be made within twenty-four (24) hours of auction close. Auctioneer reserves the right to release any items that remain unpaid after twenty-four (24) hours. Buyer shall be responsible for making arrangements for merchandise removal.
7. Item Descriptions. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller. Condition Reports.
8. Final Agreement/Warranties. The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. AUCTIONEER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ITEMS SOLD AT THE ONLINE AUCTION.
9. Removal of Items. Auctioneer and the Owner/Seller reserve the right to remove items before/during or after the auction. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
10. Risk of Los. Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. After the final removal date, there will be a thirty-five ($35.00) per day, per item/lot storage fee charged to the Buyer. If merchandise is not removed within ten (10) days after the final removal date, the ownership of the merchandise will revert back to the original Owner/Seller and the Owner/Seller may dispose of or resale the item/lot at their discretion.
11. Shipping. S & S EQUIPMENT AUCTIONS DOES NOT SHIP. Please contact the shipper of your choice to arrange for packing and pick up your items. Auctioneer requests that your shippers schedule pick up times at least twenty-four (24) hours in advance.
12. Unpaid Invoice. Auctioneer reserves the right to resell any property not paid for in full within four (4) days of the online auction item/lot's closing date. Failure to pay for item/lots won on this online auction will result in forfeiture of your account and items won at the auction. The Owner/Sellers of property sold through this web site reserve the right to reject any and all bids, at their sole discretion.
13. Highest Bidder. The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two (2) or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final.
14. Indemnification. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
15. Independent Contractor. Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.
16. Termination. This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
17. Interruption in Service. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
18. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
19. Consent to Arbitration and Jurisdiction. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Columbiana County, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
20. Governing Law. This Agreement and any dispute or controversy related to this Agreement or the transactions contemplated hereby will be governed by, and construed and enforced in accordance with the laws of the State of Ohio without regard to principles of conflicts of law.
21. Severability. If any provision of this Agreement or the application of any provision of this Agreement to any party or circumstance is, to any extent, adjudged invalid or unenforceable, the application of the remainder of such provision to such party or circumstance, the application of such provision to other parties or circumstances, and the application of the remainder of this Agreement will not be affected thereby.
22. Headings. The headings contained in this Site User Agreement are included for purposes of convenience only, and do not affect the meaning or interpretation of this Site User Agreement.