Terms and Conditions – Blue River Auctions & Appraisals LL
All BIDDERS HEREBY CERTIFY THAT THEY HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AND THEY AGREE TO BE BOUND THEREBY. Each auction may have additional terms not listed here. It is the buyer's responsibility to understand all the terms and conditions prior to submitting a bid.
BUYERS FEE: Blue River Auctions does not charge a 10% Buyers Fee like many of our competitors, but we do have some small additional administrative cost in doing business.
• A Buyers Title Transfer Processing Fee will be added to the selling price to cover invoicing, paperwork and other administrative expenses associated with the purchased item.
o Fees include: Title Transfer Fee of $99.00 will be added to final selling price.
AUCTION PROCEDURE & OVERVIEW (see full Terms & Conditions below)
• All Sales are final at close of auction.
• All Equipment sold “AS IS” “WHERE IS”.
• Winning bidder (buyer) must contact us within 24 Hours of auction close.
o Buyer is responsible for shipping.
o Payment due in full within 2 Business days of sale.
o Accepted payment is wire transfer...
o Sales Tax will apply unless exempt.
o If you will need financing for this purchase, please have that arranged BEFORE you bid.
o We encourage you to come look and inspect the equipment BEFORE bidding.
o We represent the equipment to the best of our ability, but we are human & do miss things from time to time so please come inspect for yourself BEFORE you bid. Hours are what machine shows, if we are for sure on actual hours, we will list them as actual hours in description. When you bid, you are accepting our inspection as your own if you have not looked beforehand.
• If you have questions please ask, if you would like to come inspect beforehand please do so as well and if you need any other pictures please ask.
• Bidders will be held accountable for their bids. If unable to meet the terms of auction do not bid.
WARRANTIES – All ITEMS SELL “AS IS, WHERE IS”
All Items are sold “AS IS/WHERE IS”. With no warranty expressed or implied.
We encourage you to call and set a time to inspect and check out the item(s) you are interested in prior to placing any bids.
It is the buyer's responsibility to inspect the item before the auction, so that you know exactly what you are bidding on.
We take in every piece As Is/Where Is and we do expect you to as well, it is used equipment.
RESPONSIBILITY TO INSPECT
No testing or operational assessments have been made. Blue River only reports hours and miles that are shown on the meter at the time of listing for auction and makes no guarantees that the miles/hours shown on meter are the actual miles/hours. Inspection of the item, its operational condition, and components prior to bidding, is the buyer’s responsibility.
Blue River is not responsible for statements, written or verbal, made by the seller. Buyer should carefully validate all such statements by inspecting the item prior to bidding. Failure to inspect the item is not grounds for dispute. Bidder is to use their due diligence prior to bidding, as no bids will be retracted. There is no refund for any reason. Buyer is fully aware there is no recourse to rescind or abrogate the transaction after becoming the highest bidder.
Seller's contact information and location of the item will be provided by contacting Blue River. Exact location of item to be furnished by the seller if contacted. We will not disclose directions to item unless specified by seller. In no event does failure to contact the seller serve as grounds for collapsing the sale, rescinding the transaction, or requesting a rebate or refund.________________________________________
All items are sold “AS IS” Where IS” Blue River makes no warranties or guarantees on items sold by Blue River on Auction Time. Blue River, to the best of their ability, will assist a buyer and seller in helping to resolve a dispute. However, ultimately, resolutions are the responsibility of the buyer and the seller.
RISK OF LOSS
It is the buyer's responsibility to pick up or arrange pick up of items purchased in auction within fourteen (14) calendar days of winning the bid. The seller is responsible for maintaining items sold in auction in the same condition as when listed, for fourteen (14) calendar days of winning the bid or until such a point the buyer or the buyer’s agent picks the item up, whichever comes first. After fourteen (14) calendar days of winning the bid or the time of pick up, whichever comes first, the buyer assumes full responsibility for delivery and all ownership risks including, but not limited to, loss from accident, theft, vandalism, fire, lack of security, malicious mischief, flood, windstorm, earthquake, lightning, and all other acts of God.
UNRESERVED AUCTION TERMS
Blue River will conduct an absolute auction. No minimums, no reserves, no buybacks, no set reserve prices, and no bidding on behalf of the seller will be tolerated. In accordance with the Uniform Commercial Code (UCC) section 2-238, in an unreserved auction, if the auctioneer knowingly receives a bid on the seller’s behalf or the seller makes or procures such a bid, the buyer is entitled to the goods at the price of the last good faith bid prior to the completion of the sale. If you place shill bids on items, this bidding behavior is a violation of both UCC regulations governing unreserved auctions and Blue River shill bidding policies. Should Blue River suspect that shill bidding is taking place or has taken place, all items will have their final sale price adjusted to the last good faith bid, per the Uniform Commercial Code.
SHILL BIDDING – This is a requirement for Sellers to sell with Blue River Auctions & Appraisals LLC
As an AuctionTime.com bidder bidding on Blue River items, you agree to never bid on your own items or on behalf of any other seller whatsoever. You also agree not to have others bid on your behalf. Bidders will not use an alias or collude with others to place bids on any of the seller’s equipment including, but not limited to, seller’s family members. Bidder agrees not to bid directly or indirectly, in any capacity whatsoever, nor cause or assist anyone to bid for seller or on seller’s behalf, nor bid as an officer, director, shareholder, partner, proprietor, joint venture, advisor, limited liability company member, consultant, owner, employee or other agent of any third party. It is only upon these terms that Blue River will list equipment, as these restrictions are necessary to protect the integrity of the “unreserved auction” or “absolute auction” process and the reputation of Blue River in selling through Auction Time.
All sales are subject to the sales tax and/or other applicable tax laws. Buyer assumes all responsibility for government issued licenses and/or inspection certificates as well as all required or associated licensing and inspection costs. Buyer agrees not to use any identification, trade name, licenses, and/or certificates belonging to or used by seller or Blue River.
The buyer is responsible for all applicable sales tax on items purchased through Blue River on Auction Time Auctions. Sales tax guidelines from the applicable state will be used to determine if an item is sales tax exempt. If the exempt determination is made, the buyer will be responsible for obtaining, completing, and forwarding all necessary forms from the taxing jurisdiction (e.g., city, county, state) to Blue River. Sales tax can only be cleared from the buyer’s invoice once all required forms have been completed, submitted, and validated. Sales tax or appropriate sales tax exemption forms are due at or before the time of payment. No items will be released to the buyer until payment is received in full by Blue River. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms
SETTLEMENT / PAYMENT
The successful bidder is responsible for making full payment within 48 hours (2 Business Days) following the close of the auction. Invoices are sent to the winning bidder after the close of auction. If no invoice is received before the end of the business day of the auction close, contact Blue River immediately to verify buyer’s account. Payment instructions are provided on the invoice. All payments are to be made to Blue River Auctions by wire transfer. All international transactions must be paid for with a wire transfer. Once the payment is received, a paid-in–full invoice will be provided to the buyer. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms. Failure to submit all sales tax or clear sales tax with appropriate forms at the time of payment will prevent the item from being released to the buyer.
FAILURE TO PAY/BUYER PAYMENT DEFAULT
If buyer fails to pay in full when due, Buyer shall further be liable to the Auctioneer for interest at a rate of 15% on all sums unpaid, as well as all Auctioneer's collection costs, including but not limited to, attorneys fees and court costs, incurred in connection with Buyer's breach or Nonpayment. Blue River will prosecute all non-payers to the full extent of the law. Do not bid if you are not capable of paying. ABSOLUTELY NO EXCEPTIONS. Do not take this statement lightly because as a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted.
Buyer agrees to remove purchase from seller’s location within fourteen (14) calendar days of winning the bid. Transportation, and all costs associated, will be borne by the buyer. Should buyer fail to remove purchase within the specified period, Blue River or seller may charge a storage fee of $25 per day until purchase is removed from seller’s location. All such charges shall be the sole responsibility of the buyer. The buyer agrees to indemnify and hold harmless seller, Blue River, AuctionTime and its agents against all damages, liabilities, claims, or causes of action arising out of said property storage and removal. If buyer does not remove item within thirty (30) days, item may be placed for sale in the next available AucitonTime.com auction by Blue River. All storage fees, handling costs, and sales commissions for the removal and “re-sale” of the item will be deducted from the final sale price. Any remaining proceeds will be returned to the abandoning buyer, provided Blue River is able to determine a method for doing so.
Entering into a separate storage agreement with the seller is between the buyer and seller, and Blue Rive & AuctionTime have no responsibility for resolving any subsequent conflicts or disagreements which arise between buyer and seller.
JURISDICTION AND VENUE
Any legal action commenced by either party to resolve any dispute arising under this Agreement will be resolved only in the courts of the State of Oklahoma or in the courts of the United States of America for the Western District of Oklahoma. Each party irrevocably submits to the personal jurisdiction of such courts and hereby waives all objections as to venue, inconvenient forum, and the like.
ACCESS TO Blue River Items on AUCTIONTIME.COM WEBSITE
Blue River does not guarantee uninterrupted, secure access to AuctionTime.com. Blue River is not liable or responsible for interruptions, terminations, or corruptions of any online audio feed, video feed, or other internet registration, bidding, or other online-related services that occur before, during, or in connection with the online or onsite auctions, regardless of the cause or fault. Buyer agrees to hold Blue River and AuctionTime harmless for any such interruptions or buyer’s inability to effectively use AuctionTime.com.
These Terms and Conditions are for Blue River Auctions and Appraisals and do not preclude all AuctionTime Terms and Conditions set forth to bidders &/or sellers who register with and use AuctionTime.com.
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