Auction Terms & Conditions TERMS OF SALE
Edinburg Auction Sales, Inc. is an auction firm licensed by the Ohio department of agriculture (the "Auction Firm"). By participating in this online auction, you agree that you have read and fully understand these terms and conditions and agree to abide to and be bound by them.
PICK UP DAYS/TIMES: Pick up days/times are listed in the auction listing. Do not bid on items if you cannot pick up during these times. All items are stored outside and are subject to inclement weather. No refunds or chargebacks will be issued/refunded for items that are not picked up during specified pick-up days/times. Items that are not picked up during the specified pick-up days/times will be sold or discarded without further notice. THERE ARE NO EXCEPTIONS.
NO BID RETRACTIONS - All items are sold as-is, with no guarantees. There are no refunds. The winning bidder's credit card will be charged at auction close, and invoices will be emailed. Cash payments will be accepted, if the bidder notifies us ahead of time by emailing or telephone. You can view your winning bids by clicking on your name and clicking "current bids". If you are unsure of whether you are the winning bidder, you can call the office to check. We will not refund you for not picking up during the specified pick-up days/times because you didn't see your emailed invoice. Please check your spam folder if you believe you should have received an invoice but do not see it.
IDENTIFICATION - All bidders are required to have a bidder's number to bid which will be assigned up bidder providing his/her full name, address, photo and ID number, including if necessary, proof of social security number (if applicable) , a valid credit card must be added to the online bidder account.
ADDITION TO OR WITHDRAWAL FROM SALE - The Auction Firm reserves the right to withdraw from sale any of the items listed or to add 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.
SALE BY ESTIMATED COUNT - Where items are to be sold by estimated count, the winning bidder will be invoiced for and required to pay for the estimated count.
RESERVE AUCTION- All auctions shall be reserve auctions unless stated otherwise in the item listing. In a reserve auction, the seller reserves the right to establish a stated minimum bid, the Auction Firm reserves the right to reject any and all bids or to withdraw the property at any time prior to the completion of the auction. On lots upon which there is a reserve, the Auction Firm shall have the right to bid on behalf of the seller.
CONDITION OF ITEMS SOLD - All items are sold on an "as-is" and "where-is" basis with absolutely no warranty of any kind, including merchantability and/or fitness for a particular purpose. The Auction Firm and/or auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside due to any error in an items description, authenticity, or cataloguing, or any imperfections whether or not noted in the listing. No deduction or price changes will be allowed on damaged articles as all goods being exposed for public exhibition are sold "AS IS" and without recourse. PLEASE MAKE NOTE - ALL ITEMS ARE STORED OUTSIDE AND ARE SUBJECT TO INCLEMENT WEATHER CONDITIONS. We strongly encourage ALL bidders to attend the preview.
TIME AND MANNER OF PAYMENT - Winning bidder's credit card on file will be automatically charged for the full bid price at the close of the auction unless you've previously notified Edinburg Auction Sales, Inc that you would like to pay cash. Cash payments will be accepted in our office and are to be paid in full the day following the auction by noon. Company checks must have bank letter of guarantee, unless established with Auction Company or prior arrangements have been made. Personal checks accepted day of sale will require the purchaser to wait until his personal check has cleared the bank to remove any purchases from the auction site. Proof of payment is required before removing any items from the auction lot. In addition, there is a non-refundable, 10% buyer's premium. 3% will be waived for cash payments for a 7% buyer's premium when paying by cash. Any checks returned for any explanation, i.e. non-sufficient funds, closed account, or any other reason will be charged a $50.00 fee. In addition, any remedies at law necessary may be levied upon a buyer who has been delinquent in payment. No chargebacks or refunds for any reason.
COMPLIANCE WITH TERMS OF SALE - Upon failure to pay invoices in full within the time herein specified, the Auction Firm in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not removed within removal date on emailed invoice will be forfeited by buyer and may be resold at public or private sale without further notice, and any storage fees along with all expenses and charges of re-sale, will be charged to the buyer who defaulted.
ADDITIONAL TERMS AND CONDITIONS -any additional terms or conditions of sale, added by seller and/or Auction Firm, will be included into lot descriptions before auction.
LIABILITY - Removal of purchases shall be at the expense, liability, and risk of the bidder. Purchases will be delivered only on presentation of paid invoice. Auctioneer shall not, in any event, be liable for non-delivery, to any buyer of any lot.
TAX STATUS- Any buyer claiming tax exemption status and found later by Auction Firm or any state agency to be taxable will be responsible for any and all taxes, assessments and/or fines assessed against auction company. Taxes on titles vehicles will be added to invoices and charged to the card on file based upon where the winning bidder resides. If taxes are miscalculated or not added, we will contact the winning bidder notifying them of the applicable tax and instructions for paying any additional amounts owed. We reserve the right to charge the credit card on file if updated invoice is not paid within 5 business days.
PERSONAL AND PROPERTY RISK - All bidders shall indemnify and hold harmless Edinburg Auction Sales, Inc. including its officers, agents and employees from any loss, damage to property and injuries, including death, to all persons, arising or in any manner arising out of the sale of any equipment or removal thereof from Edinburg Auction Sales, Inc. premises, and shall defend at his/her own expense any suits or other proceedings brought against Edinburg Auction Sales, Inc. and it's officers, agents, and employees, or any of them, on account thereof, and pay all expenses, including attorney fees, and satisfy all judgments which may be incurred by or rendered against any of them or in connection therewith. Any persons attending the showing, sale or removal of auction goods or others assume all risks of damage of or loss to person and property and specifically release the Auction Firm and/or auctioneer from liability therefore. The Auction Firm, including but not limited to its officers, agents and employees shall not be liable due to any defect in or condition of the premises on which the sale is held.
RECORDS - The record of sale kept by the Auction Firm will be taken as final in case of any dispute. If any discrepancy in purchase price exists, the final record of the sale will be used and any monies owed Edinburg Auction Sales, Inc. for any price discrepancy or clerk error, must be immediately paid in full.
CONTACT - If you supply us with your email address and or phone number, you agree to be contacted by Edinburg Auction Sales, Inc. on upcoming events or reminders via email, text message or phone call. If you do not wish to receive this communication from us, please let us know by opting out in person, via email or phone and you will be removed from our contact list.
Edinburg Auction Sales, Inc
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