Auction Terms & Conditions Estate Auction
TERMS AND CONDITIONS OF THE AUCTION By registering to bid or placing a bid, you agree to be bound by all of these Terms & Conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!! Announcements/Emails made on the day of the sale supersede any printed information. All Items are SOLD “As Is” “Where Is”
1. All persons attending the removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Southern Auction Solutions, Inc. (along with all employees who work herein with Southern Auction Solutions) associates of company or clients from any liability.
2. Bidder agrees that all property is SOLD "AS-IS WHERE-IS" with no warranties express or implied with all faults and with removal at Buyer’s risk and expense. ALL SALES ARE FINAL. Auction Company is acting as a selling agent only and makes no representations concerning the items being sold. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Southern Auction Solutions may attempt to describe the merchandise in advertising, on the internet and on the platform but makes no representations. In no event shall Southern Auction Solutions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Southern Auction Solutions does not guarantee any appraisals, grading or certifications other than their own. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. There are no refunds for any reason. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. Southern Auction Solutions will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that he or she may not return any item they purchase for any reason. BIDS CANNOT BE REMOVED MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID.
3. Southern Auction Solutions reserves the right to charge the Bidder's credit card the full amount of any or all of bids. When the auctioneer says, "sold" when internet bidding closes the bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full by 5:00 PM the day after the auction (November 22nd @ 5PM CST). Bidders agree to pay a buyer's premium of 15 (%)of the hammer price of each item they purchase. Under state law, sales tax will be collected on the entire amount. Credit Card Processing fee is 3%.
Any purchase not paid for by 5:00 PM November 22nd, will be charged to the credit card you registered, plus Buyer’s Premium 15%, Sales Tax and Credit Card Processing fee of 3%.
Visa, MasterCard, Discover, and American Express will be accepted. 3% Processing fee is added to all credit card charges. By participating in this auction, buyers expressly agree that they will not “chargeback” or “deny” a credit card purchase.
Unless you contact our office prior to 5:00 PM CST the next day (November 22nd @ 5:00PM CST) with an alternative form of payment your card will be charged for the purchase amount plus fees (Buyer’s Premium 15%, Sales Tax, and Processing fee 3%).
Wire transfers will be accepted from US banks only, and must be completed by 5:00 PM CST the next day (November 22nd @ 5:00PM CST). No paperwork will be provided until the payment posts to our account.
Auction Company is not responsible if Buyer’s items are damaged, stolen, or otherwise disposed due to Buyer’s failure to pickup items in a timely fashion, Auction Company will make every effort to guard items of all buyers but can not be responsible for any items listed on Buyer’s invoice regardless of items condition or even if item is damaged, stolen, or otherwise disposed. Buyer does not have the right of abandonment and must pay for items and remove the items by scheduled pick up time. Items not picked up by Saturday, November 25, 2023 2:00 PM CST. The Item Will be forfeited and buyer will pay invoice amount plus $100.00 removable fee. No items are to be packed or removed from the auction site until full payment is made. In the case of default for non-payment or non-removal of items, Auction Company reserves the right to resale any items for which payment was not received or items not removed in the time allowed and file legal action against the Buyer for non-payment any deficiency together with all expenses, including all attorney’s fees and charge for resale shall be charged to the defaulting Buyer. Buyer will not be entitled to take possession of items won but shall still be required to pay.
4. Southern Auction Solutions is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Southern Auction Solutions or anyone else if the internet service fails to work correctly before or during the auction. Southern Auction Solutions will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least two hours prior to the auction closing time. Southern Auction Solutions reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, Southern Auction Solutions reserves the right to extend the closing times, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by Southern Auction Solutions and Bidder receives an invoice. Southern Auction Solutions reserves the right to cancel any or all sales and resell the items in whatever manner it chooses.
5. The bids are advanced at pre-set increments available on the bidding web page. From time to time Southern Auction Solutions may accept items with reserve prices. Southern Auction Solutions reserves the right to bid on behalf of the seller on items on which there is a reserve up to the reserve amount. Southern Auction Solutions may reject or cancel any bid for any reason. The record of the auction made by Southern Auction Solutions shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including Southern Auction Solutions owners, family members and employees.
6. If a check accepted by Southern Auction Solutions is returned for any reason, Bidder agrees that Southern Auction Solutions may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Alabama law. Any amount left unpaid shall accrue interest at the highest rate allowed under Alabama state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify Southern Auction Solutions against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not stop payment on any check paid to Southern Auction Solutions. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card.
7. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED DURING TIME POSTED FOR THIS AUCTION UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH Southern Auction Solutions. Lot must be picked up as lotted in its entirety You cannot leave a portion of the lot behind. It is the Buyer’s sole and full responsibility to provide the necessary equipment and labor to remove the auction purchases within the time allowed. Southern Auction Solutions shall not provide any equipment or personnel to assist with removal. Removal shall be at the buyer’s risk and expense. Buyer agrees that Southern Auction Solutions is not responsible if buyer’s items are damaged, stolen, or otherwise disposed due to buyer’s failure to pick up items in a timely fashion. Auction Company will make every effort to guard items of all buyers but cannot be responsible for any items after the auction is concluded. If you cannot remove your items by the removal deadline, we respectfully ask that you do not bid. Internet bidders should arrange to pick up their purchases within this time. No extra time will be given for any reason. Items not picked up by Saturday, November 25, 2023 2:00 PM CST. The Item Will be forfeited and buyer will pay invoice amount plus $100.00 removable fee.
8. Bidder agrees that this agreement shall be governed by the laws of the State of Alabama and hereby grants sole jurisdiction and agrees to submit to the venue of a court located in Randolph County, Alabama. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Southern Auction Solutions and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Randolph County, AL with an arbitrator appointed by the President of the Alabama Auctioneers Association.
9. Southern Auction Solutions may refuse bidding privileges to anyone for any reason. Bidder agrees to provide any identification Southern Auction Solutions may request including but not limited to: drivers license, photocopies of credit cards. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
10. Risk of loss: the buyer assumes full responsibility and assumes risk of loss for all items purchased from the time the auction company says sold to the buyer.
11. Auction pickup site: Buyer acknowledges that the auction pickup site and anywhere on the property that every person at the pickup site (and other areas where the property is located or displayed) at all times shall be there at their own risk with notice of the conditions of the premises, the activities of the premises, potential conditions of the premises and the conduct of third parties and buyer shall so advise his agents and employees. No person shall have any claim against the auction company, their agents, employees or principals for any injuries sustained or death to any person or persons whomsoever nor for damages to or loss of property which may occur from any cause whatsoever. Buyer acknowledges responsibility for any injury or death to any person or persons whomsoever or property damage caused by buyer, his agents or his employees.
12. All items are subject to state and local tax law. you may only use your sales tax # to cover purchases that apply under that number. All other purchases are subject to tax. We must have a copy of your sales tax certificate. Failure to furnish this certification will require payment of sales tax.
13. All property sells as is, where is without warranty of any kind, expressed or implied. There are no warranties as to the quality, character or condition of any of the items. there is no warranty of fitness for a particular purpose. The buyer shall not be entitled to any adjustment or allowance, damages or any other remedy or claim on the quality, character or condition of any item purchased. Do not bid unless you have inspected the items and determined the condition for yourself. Southern Auction Solutions is acting solely as an auction company. Southern Auction Solutions is not the seller, and therefore makes no warranty as to quality or condition of the equipment or items.
14. All descriptions and conditions of item in this catalog are believed to be correct and have been conscientiously set forth by the owner. However, neither the owner nor the auction company are responsible for any errors in description or condition. The buyers catalog acts as a guide only. The auction company does not guarantee year models, mileage or condition of an item. Meter readings or mileages in this catalog are not guaranteed and are merely a reading at time of check in. Buyer accepts responsibility to inspect and verify hour or meter readings by any means necessary prior to bidding. Auction company is in no way responsible for any discrepancies of hour or meter readings. any manufactures warranties stated in catalog are provided by seller to the auction company and has not been verified.
15. Items will be picked up from LaFayette, AL area. The exact location will be available once the invoice is paid in full. Invoices will be emailed for payment at the end of the online auction Nov 21st Payment or Payment Arrangement is Due By November 22nd @ 5PM CST or your credit card on file will be processed for the invoice amount.
Pick Up day is Saturday, November 25, 2023, 9 am until 2:00 pm CST by appointments. All invoices must be paid in full before items are picked up.