BIDDER TERMS AND CONDITIONS
These Bidder Terms and Conditions apply to auctions conducted by COASTAL DOWNSIZING LLC (“Auctioneer”), and constitute a legal, valid, binding, and enforceable contract between Auctioneer and YOU. Together with any written purchase and sale agreement between YOU and the Seller of any Lot, these Bidder Terms and Conditions form the basis for the contract of sale between YOU and the Seller if YOU are the Winning Bidder on any Lot.
1. Auction Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional Terms and Conditions Posted by Auctioneer, and Announcements Made at the Time of the Auction, and Applicable Law; Acceptance of Bidder Terms and Conditions. The Auction is conducted under and in accordance with these Bidder Terms and Conditions, any and all other Terms and Conditions posted by Auctioneer (whether at the Auction Site or online), any announcements or corrections made by Auctioneer at the time of the Auction, and applicable law. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO REVIEW THESE BIDDER TERMS AND CONDITIONS, THAT YOU HAVE READ THESE BIDDER TERMS AND CONDITIONS, THAT YOU UNDERSTAND THESE BIDDER TERMS AND CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE BIDDER TERMS AND CONDITIONS. YOUR participation in the Auction, whether at the Auction Site, online, telephonically, or though any other means (including Absentee Bid), is further evidence of YOUR agreement to be bound by, and to abide by, all Bidder Terms and Conditions.
2. Auction Conducted in the Commonwealth of Virginia. The Auction is conducted in the Commonwealth of Virginia. All Lots are offered for sale in the Commonwealth of Virginia, and will be sold and delivered in the Commonwealth of Virginia. Notwithstanding YOUR physical location, these Bidder Terms and Conditions are entered into in the Commonwealth of Virginia, all bids and payments are received in the Commonwealth of Virginia, and all contracts between Seller and Buyer are formed and entered into in the Commonwealth of Virginia, and all Lots will be delivered in the Commonwealth of Virginia.
3. All Transactions in U.S. Dollars. All transactions, and payments associated with the Auction are in U.S. Dollars.
4. Definitions. The following definitions apply to these Bidder Terms and Conditions for each auction conducted by Auctioneer:
“Absentee Bid” means a bid submitted to Auctioneer by an Absentee Bidder for the execution during the Auction under terms established by Auctioneer.
“Absentee Bidder” means a person or entity that submits an Absentee Bid. An absentee Bidder may or may not be physically present at the Auction Site during the Auction.
“Absolute Auction” or “Absolute” applies only if and when expressly indicated in writing and means that property is sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. This type of auction is also known as an auction Without Reserve. Provided that a bid is received within a reasonable time after bidding opens on a Lot, the Lot will be sold to the highest bidder regardless of the final bid amount. A Lot exposed for sale at Absolute Auction may be withdrawn by Auctioneer if a bid is not received within a reasonable time after bidding opens on the Lot. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO LOT IS BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT RESERVE.
“Auction” means an auction conducted by Auctioneer.
“Auction Site” means the physical location where the Auction is conducted and/or where the Property is located, and/or and/or where inspections may be made, and/or where pick-up occurs.
“Bidder” means any person or entity (and the agents or representatives of any such person or entity) that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction (including, without being limited to, inspection and/or pick-up), regardless of whether such person or entity tenders a bid.
“Bidder Account” the online account identified to a Bidder by Auctioneer or by an Online Auction Platform Provider on Bidder’s Registration. (See, also, Bidder Number).
“Bidder Number” means the number or other identifier issued by Auctioneer to a Bidder for the purposes of identifying bids to such Bidder. (See, also, Bidder Account).
“Bidder Registration” means the registration of a Bidder to participate at the Auction (either online, or onsite, or both), including the information provided by a Bidder, and the Bidder’s to be bound by these Bidder terms and Conditions.
"Bidder Terms and Conditions" means these Bidder Terms and Conditions.
"Buyer" means the Winning Bidder on a Lot.
“Buyer’s Premium” is a non-refundable administrative fee calculated as a percentage of the Hammer Price that is payable by the Buyer of each Lot to Auctioneer for Auctioneer’s own account. If a Lot is offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation or such other amount as may be agreed to between Seller and Buyer, whichever is greater. The Buyer’s Premium is earned by Auctioneer, and becomes Auctioneer’s property, at the Fall of the Hammer.
“Commission” means the amount payable by or on behalf of Seller to Auctioneer for Auctioneer’s services, calculated as a percentage of the Hammer Price.
“Contract Price” means an amount equal to the Hammer Price plus the Buyer’s Premium. Any sales tax or similar such taxes or fees will be based on the Contract Price.
“Delivery” means the transfer of possession a Lot to the Buyer. Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during the Auction or at such other address as indicated on Auctioneer’s website. Delivery does not mean that Auctioneer will move or relocate any Lot from its physical location during the Auction, or as indicated on Auctioneer's website, to any other location directed by the Buyer. Unless otherwise expressly agreed in writing, Auctioneer will not move or relocate any Lot(s) on behalf of the Buyer.
“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot “sold” to the Bidder acknowledged by Auctioneer as having made the Winning Bid. During an online auction, the Fall of the Hammer may occur electronically at the end of timed (or extended) bidding. If a Lot is exposed for sale Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s confirmation of the sale either at the High Bid Subject to Confirmation or at such other amount as may be agreed to, in good faith, by Seller and the Buyer.
“Hammer Price” means the High Bid amount recognized by Auctioneer with the Fall of the Hammer. If a Lot is exposed for sale Subject to Seller’s Confirmation, the Hammer Price will be (i) the High Bid Subject to Confirmation if confirmed by Seller, or (ii) such other amount as may be agreed to, in good faith, by Seller and the Buyer, whichever is greater.
"High Bid Subject to Confirmation" means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot that is Subject to Seller's Confirmation. If (i) the High Bid Subject to Confirmation is confirmed by Seller, or (ii) Seller and Buyer agree, in good faith, to some other greater amount, it will be the Hammer Price.
"High Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the high end of a spectrum of possible bids. The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
“Lot” means each individual item or grouping of items exposed for sale at one time by Auctioneer.
"Low Estimate" means an amount that Auctioneer anticipates that a Lot may bring at the low end of a spectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
“No Sale” occurs if bidding opens on a Lot, but the Lot is not sold because Auctioneer passes the Lot or declares a No Sale.
“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.
“Online Auction Platform Provider” means the provider of an Online Auction Platform and related services.
"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which online bids may be tendered.
“Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer).
“Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction, and in good faith, between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.
“Registration Deposit” means, if required by Auctioneer, the deposit made by a Bidder in order to register for the Auction. Auctioneer may require that the Registration Deposit be made in certified funds or in such other form as determined by Auctioneer in Auctioneer’s discretion.
“Reserve” or “With Reserve” means that property may be withdrawn by Auctioneer and/or bids may be rejected by Auctioneer prior to the Fall of the Hammer. Bids may be tendered by or on behalf of the Seller at an Auction with Reserve, and other reservations may be imposed. While Lots exposed for sale With Reserve may be subject to a Reserve Price, a Reserve Price is not necessary for a Reserve Auction. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL LOTS ARE BEING EXPOSED FOR SALE WITH RESERVE.
“Reserve Price” means the minimum price that Seller is willing to accept for a specific Lot. If a Lot is subject to a Reserve Price, the Lot will not be sold unless the Reserve Price is met or waived. It is not necessary for any Reserve Price to be disclosed. There is no promise or guarantee that a Lot will be sold if bidding meets or exceeds an established Reserve Price, as all other reservations continue to apply.
“Seller” means the person or entity having title to a Lot and/or having the power and authority to sell, transfer, and convey title to a Lot.
“Subject to Seller's Confirmation” means, with respect to any Lot expressly identified as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid, (ii) reject such bid, or (iii) negotiate a higher price.
“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by Seller).
"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid, subject to Auctioneer’s final certification.
“Withdrawn,” “Withdrawal,” or “Withdraw” refers to the circumstance in which a Lot is removed or withdrawn from the Auction, or in which it is determined that such Lot will not be offered or sold at the Auction.
“Without Reserve” means Absolute.
5. Bidder Registration; Bidder Qualification. YOU are required to register to bid, and YOU must provide a valid credit card in order to be approved for bidding. Auctioneer may make a nominal charge or place a temporary hold against YOUR credit card for verification purposes, and may charge YOUR credit card for YOUR purchases. Auctioneer may establish such other Bidder Registration requirements and Bidder qualifications as Auctioneer determines to be reasonably necessary or appropriate. YOU represent, and warrant that all information YOU provide with respect to YOUR bidder Registration will be true and accurate; and YOU acknowledge and agree that YOU may be banned from participation in the Auction, and from participation in future Auctions conducted by Auctioneer, if YOU provide any false information. YOU must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may suspend or revoke the bidding privileges of any Bidder at any time. By registering to bid, YOU represent to Auctioneer that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract. Each entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids are made by or on behalf of an entity, the entity and any individual making the bid will be jointly and severally liable on account of the bid. YOU are required to, and YOU agree to, keep YOUR Bidder Registration information current, and to update YOU Bidder Account whenever any change occurs. YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted at the Auction Site or on Auctioneer website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer. Auctioneer may, in Auctioneer’s sole and absolute discretion, receive bids from a person or entity that has not registered to bid and/or has not satisfied all requirements for Bidder Registration, and, by bidding, such person or entity will be bound by all other Bidder Terms and Conditions, any and all other terms and conditions published by auctioneer (including those posted at the Auction Site or on Auctioneer’s website(s), or otherwise), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auctioneer. BIDDER QUALIFICATION PROVISIONS ARE INTENDED FOR THE BENEFIT OF AUCTIONEER AND SELLER(S), AND CREATE NO RIGHTS OR INTERESTS IN ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS. AUCTIONEER AND/OR any SELLER MAY (BUT WILL NOT BE REQUIRED TO) WAIVE ANY BIDDER QUALIFICATION REQUIREMENTS, EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS.
6. Tax-Exempt Status. If YOU are exempt from payment of sales tax, or other taxes applicable to YOUR purchases at the Auction, YOU must submit a completed copy of Auctioneer’s tax-exempt form prior to the close of bidding; and YOU must submit a new tax-exempt form for every Auction. If, prior to the close of bidding in any specific Auction, YOU have failed to submit a tax exempt form for that particular Auction, Auctioneer will be unable to consider identifying YOU as exempt from taxation, and YOUR only recourse will be to apply directly to the applicable taxing authority for a refund. Notwithstanding YOUR completion of Auctioneer’s tax exempt form, tax exempt determinations are made by the applicable taxing authorities, and, depending on the applicable taxing jurisdiction, submission of Auctioneer’s tax exempt form may not be sufficient to entitle YOU to tax-exempt status. YOU agree that if an applicable taxing authority denies or rejects your tax exempt status after the Auction, YOU will be responsible for payment of the required taxes, and YOU agree to indemnify Auctioneer and Seller, and to hold Auctioneer and Seller harmless, from and against any claims by an applicable taxing authority. It is YOUR responsibility to confirm YOU tax exempt status with the applicable taxing authorities.
7. Access to Auction Site and/or Online Auction Platform; Assumption of Risk; Limitation of Liability. YOU assume all risks in connection with YOUR participation, or attempted participation, in the Auction, including, without being limited to, risks arising from or associated with: (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneer; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by Auctioneer’s gross negligence or intentional misconduct. YOU further agree that neither YOU nor any person accompanying YOU to, or otherwise visiting, the Auction Site will attempt to operate or activate any machinery or equipment at the Auction Site without Auctioneer’s express consent; and, that, YOU will assume all liability for property damage and/or personal injury caused by YOU or YOUR representatives, employees, independent contractors, or agents. YOU acknowledge and agree that the Auction Site may be a potentially dangerous place that requires YOU to be vigilant, alert, and aware at all times. Flammable, noxious, corrosive, pressurized and otherwise hazardous substances may be present at the Auction Site. Machinery, equipment, and vehicles may be operated at the Auction Site, and electrical circuits may be live at the Auction Site. YOU enter the Auction Site at YOUR own risk with notice of the condition and activities that will be, or have been, conducted at the Auction Site; and YOU assume such risks with respect to YOURSELF and anyone, including any minor children, accompanying YOU or visiting the Auction Site on YOUR behalf. YOUR representatives, employees, independent contractors, or agents also assume such risks. No person will have any claim against Auctioneer and/or Seller, or their respective agents or employees, for any injuries sustained or for damages to or loss of property that may occur at the Auction Site. Neither Auctioneer nor Seller will be liable for any damages of any type or nature sustained or claimed by YOU or by any other person or entity in connection with, or in any way related to, the Auction. YOU waive any and all claims and/or causes of against Auctioneer arising in connection with, or in any way related to (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneer; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts other than those caused exclusively by Auctioneer’s gross negligence or intentional misconduct.
8. Nature of the Auction. UNLESS EXPRESSLY STATED OTHERWISE IN WRITING, THE AUCTION IS WITH RESERVE. Auctioneer may Withdraw any Lot prior to the Fall of the Hammer on such Lot, even if bids have been tendered and/or recognized against such Lot, and there may be other reservations. In addition to being With Reserve, certain specific Lots identified by Auctioneer may be Subject to Seller’s Confirmation, which means that after the High Bid Subject to Confirmation has been received and acknowledged by Auctioneer, Seller may, in Seller’s sole and absolute discretion, accept or reject the final bid on such Lot(s). UNLESS EXPRESSLY STATED IN WRITING, THE AUCTION IS NOT AN ABSOLUTE OR AN AUCTION WITHOUT RESERVE.
9. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
10. Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advanced in accordance with Auctioneer’s policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that a Lot may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach the such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to acknowledge or reject such bid. An Absentee Bidder may authorize Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts as the agent of the Seller only, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
11. Buyer's Premium. Each Lot is subject to a Buyer's Premium that will be calculated as a percentage of the Hammer Price and paid by the Winning Bidder in addition to the Hammer Price. The Buyer’s Premium will be in an amount equal to fifteen percent (15%) of the Hammer Price of each Lot. In Auctioneer’s discretion, the Buyer’s Premium may be adjusted to account for credit card processing fees and/or check verification fees. The Buyer’s Premium may be reduced, either globally or on a case-by-case basis, at Auctioneer’s discretion. The Buyer’s Premium is earned at the Fall of the Hammer and will not be refunded by Auctioneer. The Buyer's Premium will be added to the Hammer Price to determine the final Contract Price for tax purposes. If YOU are the Winning Bidder on any Lot(s) and YOU default on YOUR obligations as set forth in these Bidder Terms and Conditions, or otherwise, there will be no set-off or reduction in the Buyer's Premium even if a Lot is subsequently sold to another Buyer. Because the Buyer's Premium is earned with the Fall of the Hammer, Auctioneer has no obligation to mitigate damages with respect to the Buyer's Premium, and YOU acknowledge and agree that mitigation of damages is not possible.
12. Special Terms for Online Auctions. The Auction is being conducted online, and is subject to the following online terms and conditions:
12.1. Posted Times. Unless stated otherwise, all posted or listed times are intended to reference the local time zone at the Auction Site. Posted closing times and time displays are approximate. Auctioneer reserves the right, in Auctioneer's sole and absolute discretion, to close early, extend, reset, or reopen the Auction (including bidding on any Lot(s)).
12.2. Online Bidding; Maximum Bids. Online bids may be submitted as a single advancing bid on a Lot, or as a maximum bid on a Lot, and bidding will advance competitively to the next available increment. Just like an Absentee Bid, Auctioneer may view YOUR bids as they are entered, including YOUR maximum bid. If YOU submit a single advancing bid on a Lot and YOUR bid is equal to or less than the maximum bid previously submitted by another Bidder on the same Lot, YOU will be outbid. If YOU submit a maximum bid on a Lot and a maximum bid has previously been submitted by another Bidder on the same Lot, bidding will advance to the next highest bid increment after which either YOUR maximum bid or the previously submitted maximum bid has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. If YOUR bid is shown as the current high bid on a Lot and another Bidder submits a bid (either as a single bid or as a maximum bid), bidding will advance to the next highest bid increment after which either YOUR maximum bid or the maximum bid of the competing Bidder has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. It is YOUR responsibility to refresh YOUR browser to keep current with the bidding. Limitations in technology, connectivity issues, and refresh rates may cause delays that result in an attempted bid on a Lot not being posted before the Lot closes.
12.3. Technology Disruptions. YOU acknowledge and agree that the Auction is conducted electronically and relies on hardware and software that may malfunction without warning. Auctioneer will not be responsible for, and will suffer no liability for, technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform(s), (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
12.4. Failures by Online Auction Platform Provider and Its Affiliates or Contractors. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider(s) to perform, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider(s) to perform regardless of whether such obligations are owing, directly or indirectly, to Auctioneer, to YOU, to Seller, or otherwise.
12.5. Staggered Closing; Automatic Extension Feature. Auctioneer’s online Auctions are designed to mimic traditional “live” actions. For this reason, the Auction will have a staggered, dynamic closing. YOU must continuously refresh YOUR browser during the closing process to see the most current bidding activity. The Auction will typically begin to close at a rate of two Lots per minute. The estimated closing time on a Lot will be displayed on the website, but may be extended past their scheduled closing time as a result of Auctioneer’s dynamic closing (automatic extension) feature. The closing time of a Lot is typically extended an additional three minutes if a bid is placed within the last three minutes leading up to the Lot’s estimated closing time, and such extensions will continue until there is a set period of time that lapses during which no advancing online bid is received, after which bidding on the Lot will close. Auctioneer may adjust the automatic extension period.
12.6. Disclaimer. THE ONLINE AUCTION PLATFORM(S) AND AUCTIONEER’S WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AUCTIONEER MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, (i) THAT THE ONLINE AUCTION PLATFORM(S) OR ANY RELATED WEBSITE OR TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE, (ii) AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE ONLINE AUCTION PLATFORM OR ANY RELATED WEBSITE OR TECHNOLOGY, OR (iii) AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENT NATURE OF THE ONLINE AUCTION PLATFORM OR ANY RELATED WEBSITE TECHNOLOGY. IF YOU ARE DISSATISFIED WITH THE AUCTION, OR THE NATURE, CHARACTER, OR FUNCTIONALITY OF TECHNOLOGY ASSOCIATED WITH THE AUCTION, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR PARTICIPATION IN THE AUCTION. AUCTIONEER RESERVES THE RIGHT TO TERMINATE YOUR BIDDER REGISTRATION, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE AUCTION, TO IMPOSE LIMITS ON CERTAIN FEATURES OF THE ONLINE AUCTION PLATFORM, AND/OR LIMIT, RESTRICT, OR TERMINATE YOUR ACCESS TO Auctioneer’S WEBSITE OR TO THE AUCTION WITHOUT NOTICE.
12.7. Restrictions on Use. YOU agree not to take any action or use any hardware, software, program, or system that would interfere with the orderly conduct of the Auction. YOU agree not to copy, reproduce, or publicly display any content from Auctioneer’s website without first obtaining written permission from Auctioneer. YOU agree that YOU will not use any robot, spider, other automatic device, or manual process to monitor or copy the Online Auction Platform(s), Auctioneer’s website, any technology associated with the Auction, and/or any content associated with the Auction. YOU agree that YOU will not use any device, software or routine to interfere with, or to attempt to interfere with, the proper functioning of the Online Auction Platform(s), Auctioneer’s website, any technology associated with the Auction, or any activity being conducted in connection with the Auction. YOU agree that YOU will not take any action that imposes an unreasonable or disproportionately large load on the Online Auction Platform(s) and/or Auctioneer’s website and/or online infrastructure. YOU agree that YOU will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Online Auction Platform(s) and/or Auctioneer’s website. Access and use of any Online Auction Platform is subject to any and all terms and conditions of the Online Auction Platform Provider(s).
12.8. Reporting Bidding Errors. YOU should refresh YOUR browser often to view the most up-to-date bid information, and should carefully review every bid YOU choose to make before submitting that bid. Auctioneer will not assume that any bid, even a bid that increases YOUR own lower bid, was made in error. Bidders may strategically increase their own bids. YOU understand and agree that YOU will be held responsible for having made all bids that are made using YOUR account information, even if YOU claim the bid was made in error. If YOU mistakenly increase YOUR own bid, or make
some other bidding error, YOU must immediately contact Auctioneer at LLC 757-482-7192; however, there is no guarantee that Auctioneer can, or will, reverse the bid. Under any circumstances, YOU must identify and report any alleged error before the Auction begins to close.
12.9. Security of Bidder Account. YOU are responsible for monitoring and maintaining the security of YOUR Bidder Account information. If, at any time, YOU know or suspect that YOUR Bidder Account has been hacked, cloned, compromised, or improperly accessed, YOU must immediately notify Auctioneer at 757-482-7192, and YOU
must also report the incident to the appropriate law enforcement authorities (with a copy of the police report sent to Auctioneer).
13. No Bid Retraction; Irrevocable Offer. Without Auctioneer’s consent (which consent may be granted or withheld in Auctioneer's sole and absolute discretion), YOU may not retract or revoke a bid that has been acknowledged by Auctioneer or that YOU have submitted online. YOU acknowledge and agree that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction: (i) is disruptive and interferes with the Auction; (ii) may cause other Bidders to question the integrity of the Auction (among other things, affecting Auctioneer’s reputation); (iii) may reduce Bidder confidence in the Auction process; and (iv) may have a negative effect on the Hammer Price, thereby harming the Seller. As an inducement for Auctioneer to accept YOUR Bidder Registration and to grant YOU the privilege of bidding at the Auction, and in consideration of the ability to bid at the Auction, YOU promise and agree that, without Auctioneer's prior consent, YOU will not withdraw or to attempt to withdraw any bid tendered by YOU or on your behalf. YOU, further, acknowledge and agree that YOUR bid constitutes an irrevocable offer that will not be terminated by Auctioneer's solicitation and/or acknowledgment of advancing bids, neither of which constitutes a rejection of YOUR bid.
14. Responsibility for Bids. YOU are responsible for all bids made using YOUR Bidder Number or YOUR Bidder Account, and if YOU tender a bid that is determined by Auctioneer to be the Winning Bid, or if a Winning Bid is submitted from YOUR computer, or YOUR device, or from YOUR Bidder Account, YOU will be the Buyer. YOU bear the risk with respect any claim that YOU bid on the wrong and with respect to any determination that a Lot is suited for YOUR intended use. YOUR failure to inspect or otherwise become fully informed about a Lot will not be grounds for a refusal to pay, and will not support a claim against Auctioneer or the Seller. If YOUR Bidder Number is lost, stolen, or misappropriated, or if YOUR Bidder Account has been hacked or compromised YOU should notify Auctioneer immediately. YOU will be liable for all bids tendered using YOUR Bidder Number or Bidder Account prior to giving Auctioneer notice that YOUR Bidder Number was lost, stolen, or misappropriated or that YOUR Bidder Account was hacked or compromised.
15. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding if (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, or (iii) after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different Bidders, or (iv) an online bid, or other bid by a remote Bidder, tendered or attempted to be tendered prior to the Fall of the Hammer goes unrecognized, or (v) some other bid dispute arises. Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. The determination of whether to reopen the bidding is within Auctioneer’s sole and absolute discretion, and Auctioneer is not required to reopen the bidding. Auctioneer will suffer no liability on account of Auctioneer’s determination to reopen the bidding or not. Auctioneer reserves the right, for any reason, in Auctioneer’s sole discretion, to terminate, change or suspend the sale of any Lot or any aspect of any Auction. Auctioneer reserves the right, in Auctioneer’s sole and absolute discretion, to (i) add or remove Lots from the Auction, (ii) split or combine lots, (iii) add minimum bids or Reserve Prices, (iv) cancel, suspend, extend, or reschedule the sale of any Lot or of the Auction in whole or in part, (v) make changes to the Auction’s closing, inspection, or removal times, and/or (vi) take any other action Auctioneer deems necessary or appropriate. If a Seller withdraws any Lot(s) from the Auction prior to the close of the Auction, Auctioneer may keep the Lot in the catalog or Auction listing, and may execute bids on the Seller’s behalf until the Seller is the Winning Bidder, thereby establishing the Commission and Buyer’s Premium due and owing from the Seller to Auctioneer. Advertised times for bidding on particular Lots are estimates provided for convenience only, and Auctioneer will have no liability with respect to any Lots sold before or after an advertised time.
16. Bidding by or on Behalf of Seller. Seller reserves the right to bid at the Auction. Seller, or those acting on Seller's behalf, may bid on any Lot(s) with the exception of Lot(s) expressly identified, in writing, as being exposed for sale at an Absolute Auction that is not a forced sale. Auctioneer may execute bids on Seller’s behalf, and there is no requirement that any specific bid executed on Seller’s behalf be identified as such or that such bids be tendered under any single, or designated, Bidder Number or Bidder Account.
17. Withdrawal by Auctioneer. Unless specific Lots are, in express written terms, exposed for sale at Absolute Auction, Auctioneer has the right to withdraw any Lot from the Auction at any time prior to the Fall of the Hammer.
18. All Property Sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS.” EACH LOT IS BEING EXPOSED FOR SALE, AND WILL BE SOLD, IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. UNLESS EXPRESSLY STATED OTHERWISE, NO LOT THAT IS EXPOSED FOR SALE IN ITS “AS IS" CONDITION HAS BEEN MODIFIED, ALTERED, INSPECTED, OR TESTED BY AUCTIONEER. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH LOT. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY COMMON LAW WARRANTY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. AUCTIONEER DISCLAIMS ANY RESPONSIBILITY FOR LIENS OR ENCUMBRANCES THAT MAY ATTACH TO OR BE ASSOCIATED WITH ANY LOTS; AND YOU ARE SOLELY RESPONSIBLE FOR SEARCHING OR INVESTIGATING LIENS AND ENCUMBRANCES. IT IS BELIEVED THAT “LOT DETAILS” AND ANY OTHER DESCRIPTIONS ARE ACCURATE, BUT THEY ARE DESCRIPTIONS ARE NOT GUARANTEED. AUCTIONEER DISCLAIMS LIABILITY FOR ANY TECHNOLOGY-RELATED LOCK, IMPEDIMENT, OR ENCUMBRANCE
ASSOCIATED WITH ANY LOT; AND AUCTIONEER HAS NO OBLIGATION TO PROVIDE ANY PASSWORD,
LICENSE, TECHNICAL SUPPORT, OR OTHER TECHNOLOGY-RELATED SERVICE, PRODUCT, OR THING
ASSOCIATED WITH ANY LOT. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, AND HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTEE MADE BY AUCTIONEER, OR SELLER, OR ANYONE ACTING AS AGENT OF SELLER, ORALLY OR IN WRITING, ABOUT ANY LOT. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF A PRE-AUCTION INSPECTION IS NOT AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING WITHOUT A PRE-AUCTION INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES BY AUCTIONEER OR SELLER, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED WITH YOUR PURCHASE OF THE LOT(S) WITHOUT A PRE-AUCTION INSPECTION. THIS “AS IS” DISCLAIMER APPLIES PRE-AUCTION, POST-AUCTION, AND DURING THE AUCTION.
19. Inspection; Photographs and Images; Due Diligence. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that YOU have not relied on any statement, representation, warranty, or guarantee made by Auctioneer, or by Seller, or by anyone acting as agent or representative of Seller; provided, however, that if a pre-auction inspection is not available due to social distancing restrictions or otherwise, YOU acknowledge and agree that (i) YOU are knowingly and willing bidding without a pre-auction inspection, (ii) YOU are not relying on any representations or warranties by auctioneer or seller, and (iii) YOU are assuming any and all risks associated with YOUR purchase of the Lot(s) without a pre-auction inspection. YOU, further, acknowledge and agree that any photographs or other images of Lot(s) are adequate for YOUR purposes. YOU, further, acknowledge and agree that YOU have had a full and fair opportunity to ask questions and to conduct any and all due diligence that YOU deem to be necessary or appropriate, and that the responses YOU have received, if any, are adequate for YOUR purposes.
20. Reliance on Photographs and “Lot Details”; Disputes. Auctioneer typically posts item descriptions and photographs. Multiple Lots, or items from multiple Lots, may appear in a single photograph. Do not assume that a Lot consists of more than one item merely because various items appear connected or are featured in the same photograph. On occasion, the wrong photograph may be displayed for a particular Lot; however, at all times, YOU are bidding on Lots as they are described. YOU are only entitled to the items described within the “Lot Details” of the particular Lot with respect to which YOU are the Winning Bidder. YOU are not entitled to any item or items located on, under, in, or about any LOT unless the “Lot Details” specifically reference the items or state “contents included.” If YOU come into possession (directly or indirectly) of any personal property (including, without being limited to, currency, coins, firearms, jewelry, documents, photographs, memorabilia, artwork, or other valuables) not identified in the “Lot Details” for a Lot purchased by YOU, YOU must promptly notify Auctioneer and return the item(s) that were not described within the “Lot Details.” Any items not included in the “Lot Details” that come into YOUR possession are to be considered lost or mislaid property, and not abandoned property. If YOU fail to return any item or items not included in the “Lot Details,” Auctioneer may take immediate action to recover such items (including, without being limited to, commencing an action in conversion and for replevin), and may immediately notify law enforcement, and file a police report. In any disputes, Auctioneer’s records, including the “Lot Details” for the Lot in question, and any other Lot (if any) that includes the disputed items, will be conclusive.
21. Description of Lots. UNLESS OTHERWISE EXPRESSLY STATED OTHERWISE IN WRITING, ANY DESCRIPTION OF A LOT IS BASED SOLELY ON VISUAL IMPRESSION, AND IS GIVEN SOLELY FOR IDENTIFICATION PURPOSES, AND DOES NOT CREATE ANY WARRANTY, EXPRESSED OR IMPLIED, OR REPRESENTATION BY AUCTIONEER OR SELLER.
22. Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid for any Lot, as certified by Auctioneer, will be the Buyer of such Lot.
23. Notice; Winning Bidders Subject to Certification by Auctioneer. If it appears that YOU have tendered the Winning Bid on one or more Lots, Auctioneer may immediately charge YOUR credit card on file for the Contract Price, applicable sales tax, and any other applicable fees; and will forward a Paid Sales Receipt to YOU via email. Invoices are typically sent, via email, at the end of the business day on which the Auction closes, or the next following business day. If, for any reason, Auctioneer is not successful in charging YOUR credit card on file, YOU will be sent an e-mail with instructions directing YOU to log onto YOUR profile and update it with another credit card that can be charged. If YOUR credit card information has been updated and YOU still do not receive YOUR Paid Sales Receipt, be sure to check YOUR Spam or Trash e-mail folders. YOU are solely responsible for checking YOUR e-mail following the close of the auction to determine what items YOU have won and for bringing the Paid Sales Receipt to the removal with YOU. If YOU do not receive an e-mail identifying YOU as a Winning Bidder, it is because Auctioneer has no record of YOU having placed a WINNING BID. If YOU believe that YOU placed a winning bid, but do not receive an Invoice by email, YOU must notify Auctioneer by calling 757-482-7192 by 9:00 a.m. EST on the day after the Auction has closed so that Auctioneer may promptly investigate the situation. The final determination of the Winning Bidder will be made by Auctioneer. Any notification sent to YOU by email or electronic message (whether generated manually or automatically) is subject to certification by Auctioneer. Any dispute regarding the identity of the Winning Bidder on a Lot will be resolved by Auctioneer, and Auctioneer may reopen the Bidding if deemed necessary or appropriate. Auctioneer’s determination of the Winning Bidder on any Lot will be final and conclusive. If Auctioneer determines that YOU were not the Winning Bidder on a Lot with respect to which YOU were invoiced, or YOUR credit card was charged, Auctioneer will void the Invoice, and refund YOUR credit card for any amounts charged in error (but YOU will not be entitled to interest of any other compensation). YOU may not rely on a Paid Sales Receipt or an initial credit card charge to challenge any determination by Auctioneer that YOU were not, if fact, the Winning Bidder on a disputed Lot. Absent clerical errors, Auctioneer’s records, together with the records or any Online Auction Platform Provider utilized by Auctioneer will be conclusive.
24. Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Contract Price, and these Bidder Terms and Conditions, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into and made a part of the contract between each Buyer and Seller.
25. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
26. Limitation of Liability. Auctioneer is not responsible for any actions of Seller or others, including Bidders or Buyers, taken before, during, and after the Auction. Auctioneer will not be held liable for typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, at the Auction Site, or otherwise related to the Auction.
27. Announcements. Subject to the limitation set forth in these Bidder Terms and Conditions, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.
28. Auctioneer’s Records Conclusive. Absent clerical errors, Auctioneer’s records will be final and conclusive.
29. Title. If YOU are as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract Price; however, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears.
30. Payment. Auctioneer may immediately charge YOUR credit card on file for all purchases made by YOU at the Auction. YOU acknowledge and agree that, if Auctioneer is charges are twice declined on a single transaction, Auctioneer may suspend YOUR online bidding privileges indefinitely. Auctioneer may reinstate suspended accounts in Auctioneer’s sole and absolute discretion if the suspended Bidder remits a $1000 deposit to be held in escrow for a period of one year. Under any circumstances, all Lots with respect to which YOU are the Winning Bidder must be paid for in-full within Twenty Four ( 24) hours after the close of the Auction, and before any such Lots are removed from the Auction Site. Payment must be paid by credit card, approved check, or by wire transfer.
31. Special Payment Terms for Certain Lots. Unless other arrangements are made in advance, precious metals, gemstones, precious and semi-precious stones, currency, coins or any Lots with a Contract Price of $250.00 or more must be paid by Cashiers Check, Wire Transfer, or Zelle. Cashiers checks should be made payable to Coastal Downsizing LLC PO Box 15824 Chesapeake, Virginia 23328. No Lots subject to this provision will be released until payment is made, and clears, in accordance with this provision.
32. Failure to Pay. If YOU fail to pay for YOUR purchase(s) within time provided, YOU will be deemed to have abandoned any interest in the Lot(s), but YOU will remain liable for payment of the Contract Price. Unpaid Lot(s) may be retained by Seller, resold at a subsequent auction, or otherwise disposed of. If unpaid Lot(s) are sold at a subsequent auction, YOU will be liable for any shortfall or deficiency on the resale of the Lot(s), the Buyer’s Premium, and the costs incurred in connection with reselling the Lot(s). Under no circumstances will YOU be entitled to any surplus from the resale of any unpaid Lot(s). Auctioneer and/or Seller may, at any time, commence a lawsuit against YOU for the Contract Price of any unpaid Lot(s) and/or for any deficiency realized on the resale of such Lot(s). Subject to applicable law, beginning One(1) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of Fifty Dollars ($50.00) per Lot per day will accrue, and Auctioneer will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges. In addition to the foregoing, if YOU fail to pay for any Lot(s) with respect to which YOU are the Winning Bidder, YOU may be banned from any and all future auctions conducted by Auctioneer, and YOUR failure to make payment may be reflected on YOUR profile with the Online Auction Platform Provider(s) of otherwise truthfully disclosed to other auctioneers via social media, or otherwise.
33. Possession, and Risk of Loss. Possession and risk of Loss will pass, as follows:
(i) If YOU are physically present at the Auction Site and YOU are the Winning Bidder on a Lot, possession and risk of loss will pass to YOU with the Fall of the Hammer, even if YOU have not yet paid for the Lot, and YOU will be solely responsible for safeguarding and protecting all such Lots.
(ii) If YOU are a remote or online Bidder, not physically present at the Auction Site, possession and risk of loss will pass to YOU when the Lot(s) on which YOU are the Winning Bidder are (i) picked-up at the Auction Site by YOU or on YOUR behalf, or (ii) delivered to a carrier (whether USPS, UPS, FedEx, or other) at the Auction Site or at the carrier’s location in the Commonwealth of Virginia.
34. Calculation of Sales Tax; Sales Tax Disputes. Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer’s Premium. If (i) YOU believe that YOUR purchase is subject to a sales tax exemption that is not recognized by Auctioneer, or (ii) YOU believe that the Buyer’s Premium portion of the Contract Price should not be subject to sales tax, or (iii) YOU otherwise dispute the sales tax, YOU should address YOUR dispute to the appropriate taxing authority and seek a refund from the appropriate taxing authority to the extent that the same may be available to YOU.
35. Delivery; Sales Tax. All Lots purchased by YOU will be delivered to YOU at the physical location of such Lot(s) at the close of the Auction which will be either (i) the Auction Site, (ii) such other location inside the Commonwealth of Virginia as indicated in the specific Auction listing, or (iii) as otherwise designated by Auctioneer. Auctioneer has no obligation to move or relocate any Lot(s) to YOUR location or to a location designated by YOU. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases at the point of sale within the Commonwealth of Virginia, and to arrange for shipment of YOUR property to a location designated by YOU. Unless an exemption applies, all purchases are subject to sales tax in the jurisdiction where delivery occurs as set forth in the specific Auction listing and these Bidder Terms and Conditions. Sales tax will be collected at the point of sale as set forth in the specific Auction listing and these Bidder Terms and Conditions and will be remitted to the applicable taxing authorities. The foregoing notwithstanding, if another jurisdiction or taxing authority (including, without being limited to, the jurisdiction in which YOU reside, conduct business, or will maintain the Lot(s) purchased by YOU) requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible for payment of an amount equal to such tax. If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and Auctioneer will cooperate in efforts to obtain a refund of such tax and its remittance to the proper taxing authority. The foregoing notwithstanding, if Auctioneer determines that it is necessary to collect and remit sales tax, use tax, or other similar tax, to any taxing authority other than taxing authorities in the Commonwealth of Virginia, YOU will be responsible for all such taxes.
36. Pick-up and Removal; Insurance. YOU are responsible for pick-up and removal of Lot(s) purchased by YOU. Pick-up and removal dates and times will be as posted or announced by Auctioneer. YOU, or anyone acting on YOUR behalf, must present YOUR Paid Sales Receipt and a photo ID in order to pick-up YOUR purchases at the pick-up location YOU authorize Auctioneer to release YOUR purchases to any person in possession of YOUR Paid Sales Receipt. No Lot will be
released to any person unless that person presents a Paid Sales Receipt listing the Lot in question. YOU are solely responsibly for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU. Disassembly and removal must be done in a workmanlike manner, and YOU will indemnify and hold harmless both Auctioneer and Seller(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of Auctioneer and Seller(s). YOU are solely responsible for ensuring that all Lots are properly packaged, secured, and protected before removal from the Auction Site, and that any vehicles and/or equipment that will be operated on roadways are properly licensed and insured with all required safety features being operable. Possession and risk of loss will pass to YOU at the moment a Lot leaves Auctioneer’s possession in the Commonwealth of Virginia. YOU are responsible for insuring all Lots purchased by YOU. As of the time payment is made, YOU are responsible for safeguarding and protecting each Lot purchased by YOU. Removal of any and all Lots purchased by YOU will be at YOUR expense, risk, and liability. YOU must notify Auctioneer in writing, and in advance, if any other person, including, without being limited to, YOUR employees, agents, or representatives, will pick-up YOUR purchases. If any Lot is not available for pick-up by YOU, or on YOUR behalf, during the period provided for pick-up by Auctioneer, the Contract Price will be returned to YOU; provided, however, that, if the unavailability of the Lot(s) results, in whole or in part, from YOUR acts or omissions, no refund will be provided. The date by which YOUR purchases must be removed from the Auction Site is posted on an auction-by-auction basis, on the specific Auction listing. After the final removal date, a per Lot storage fee will accrue on a daily basis. It is YOUR responsibility to completely remove all Lot(s) purchased by YOU, and should any Lot (or part thereof) be abandoned, YOU will be liable for all costs and expenses for removal and disposal.
37. Discretionary Late Removal Policy. Auctioneer may, in Auctioneer’s sole and absolute discretion, allow
YOU to remove an item that YOU have won at the Auction at a time beyond the published removal times in exchange for a
late removal fee (the “Late Removal Fee”). The Late Removal Fee will equal $150 for the first hour during that Auctioneer allows for the late removal of Lots, and $50 for each additional hour. For avoidance of doubt, (i) the minimum Late Removal Fee is $150, (ii) Auctioneer is not required to allow the late removal of any Lot, and (iii) if Auctioneer does allow for late removal, Auctioneer is not required to allow for the late removal to continue for any given amount of time, and may set an end time for such late removal in Auctioneer’s sole and absolute discretion. Any Lot not removed during the period during which Auctioneer agrees to allow for late removal will be deemed abandoned.
38. Shipping Assistance. Shipping assistance is available, on request, for additional fees. IF YOU REQUIRE SHIPPING ASSISTANCE, YOU MUST CONTACT AUCTIONEER AT (757) 482-7192, AND PREPAY SHIPPING EXPENSES, INCLUDING INSURANCE. If Auctioneer provides shipping assistance, all Lots will be professionally packed and shipped. Unless otherwise agreed, all shipping arranged by Auctioneer will be through UPS. All Lots with respect to which YOU have made shipping arrangements through Auctioneer must be insured for the full amount of the Contract Price, and this amount must be prepaid by YOU. Lots shipped to YOU will be via a shipment contract free on board at Auctioneer’s location in Chesapeake, Virginia or at the Auction Site in the Commonwealth of Virginia, as the case may be. Possession and risk of loss will pass to YOU at the point of shipment in the Commonwealth of Virginia. Auctioneer is not required to direct shipment of Lots to any address other that the address in YOUR Bidder Registration, and conforming with YOUR credit card information.
39. Failure Pick-up or Arrange for the Delivery; Abandoned Property; Storage. If YOU are certified as the Winning Bidder on one or more Lots, and, after paying the Contract Price for such Lot(s), YOU fail to pick-up or remove such Lot(s) on the Auction pick up day, YOU will be deemed to have abandoned such Lot(s), and any interest therein, to Auctioneer, and YOU will give up any and all rights with respect to such Lot(s). Lots that have been abandoned to Auctioneer may be retained by Auctioneer, sold at a subsequent auction, or otherwise disposed of. YOU will not be entitled to any proceeds from the sale of any abandoned Lot(s). Subject to applicable law, beginning one (1) day after the Auction Pick up, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of Fifty Dollars ($50.00) per Lot will accrue on a daily basis, and Auctioneer will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges.
40. Claims for Non-Delivery. In the unusual event that an item has been totally mis-described or is unavailable for
pick-up during the published removal times, YOU must immediately notify Auctioneer’s onsite staff of the problem and file a claim for non-delivery within twenty-four (24) hours. YOU understand and agree that if YOU fail to make a claim for non-delivery with the Auction Manager’s onsite staff within twenty-four (24) hours of YOUR discovering the problem, YOUR claim for non-delivery will be waived. Claims for non-delivery must be filed by calling 757-482-7192. YOUR claim must include YOUR Invoice Number, Lot Number, and a complete description of the problem YOU have identified.
41. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of $50.00. In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.
42. No Stop Payment Orders or Credit Card Chargebacks. YOU agree that YOU will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and YOU acknowledge and agree that on Auctioneer’s presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, YOU issue a stop payment order or initiate a credit card chargeback, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and/or in collecting payment. YOU acknowledge and agree that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number or Bidder Account to YOU, and is being made as an inducement for Auctioneer to accept YOUR Bidder Registration, to issue a Bidder Number or Bidder Account to YOU, and to permit YOU to bid at the Auction. YOU acknowledge and agree that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting YOUR Bidder Registration and in permitting YOU to bid at the Auction.
43. Claims. After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf (including, without being limited to shipped Lots) and/or after the date posted by Auctioneer (regardless of whether the Lot has been removed from the Auction Site), no claims, returns, adjustments, or rescissions will be allowed for any reason, including, without being limited to, any alleged failure of a Lot to correspond with any standard and/or expectation.
44. Buyer Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. Unless expressly provided otherwise in these Bidder Terms and Conditions, to the extent that YOU may be entitled to damages or remedies, the sole and exclusive remedy available to YOU is a return of the Hammer Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to, lost profits or reduced productivity. YOU acknowledge and agree that YOU are not entitled to specific performance or other equitable relief.
45. Auctioneer and Seller Remedies. If YOU breach YOUR obligations under these Terms and Conditions or under a sale contract with the Seller of any Lot(s), the Lot(s) may be resold and YOU will be responsible for any and all damages, including any deficiency or reduction in the Contract Price, along with incidental damages. YOU acknowledge and Agree that YOU will be liable for the full amount of the Buyer’s Premium even it a Lot is sold at a subsequent sale, and that Auctioneer has no obligation to mitigate damages regarding the Buyer’s Premium. YOU agree, further, that Auctioneer and/or Seller may seek equitable relief (including injunctive relief or specific performance) without the necessity of any bond or similar deposit in a court having jurisdiction.
46. Indemnification. YOU agree to indemnify and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Without limiting the generality of the foregoing sentence, YOU accept responsibility for, and agree to indemnify, defend and hold harmless Seller and Auctioneer, and each of them, and their respective employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, attorneys, 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 YOUR participation in the Auction, including, without being limited to, personal injuries, property damage, or financial loss, incurred by YOU or any other person or entity at the including, without being limited to, access to or use of any Online Auction Platform, access to or presence at the Auction Site, and/or removal, transport, use, or subsequent sale of any Lot(s).
47. Private Sale. YOU agree not to enter into, or to agree to enter into, a Private Sale for the purchase of any Property included, or scheduled to be included in, the Auction, prior to or during the Auction. If YOU purchase any Property included in, or scheduled to be included in, the Auction in a Private Sale prior to, or during, or within ten (10) days after the Auction, Auctioneer will be entitled to receive an amount equal to Auctioneer’s full Commission and Buyer’s Premium, and YOU and Seller will be jointly and severally responsible for the payment of such amount.
48. Relationship of the Parties. Auctioneer is acting solely as Seller’s agent. Auctioneer is not YOUR agent, and does not represent YOU. Unless expressly stated otherwise in writing, Auctioneer is providing services as an independent contractor for Seller only, and is not responsible for statements made by other parties.
49. Third-Parties and Subsequent Purchasers. Auctioneer has no relationship with any third-parties or subsequent purchasers of Lot(s), and no third-party or subsequent purchaser may rely on any statements or descriptions made by Auctioneer, nor will Auctioneer have any liability to such persons or entities. YOU agree to indemnify Auctioneer and to hold Auctioneer harmless from and against any and all claims made by third-parties or subsequent purchasers of any Lot(s) purchased by YOU.
50. Mailing List. Auctioneer may use Bidder Registration information to notify previously registered Bidders (by email or otherwise) about future Auctions and events. YOU may opt out of receiving such notifications by providing written notice to Auctioneer.
51. Audio and Video Recording; Photographs. The Auction Site may be subject to security surveillance, including video, audio, and photographic recording. Video, audio, and photographic recording may also be taken by Auctioneer and used on Auctioneer’s website, or, otherwise, in advertising and/or for other commercial purposes. As a condition to, and in consideration of, YOUR presence at the Auction Site, YOU acknowledge and agree that such video, audio, and photographic recordings may be made, and that YOU may be included on such video, audio, and photographic recordings, and YOU consent to the same. YOU further agree that Auctioneer may use any such images or recordings in advertising and/or for other commercial purposes on a royalty-free basis with no further consideration or remuneration to YOU.
52. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Chesapeake, Virginia, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. YOU irrevocably and unconditionally (i) agree that any claim, suit or cause of action relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Chesapeake, Virginia; (ii) consent to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waive any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waive any objection to the bringing of such claim, suit, or cause of action in such courts on the grounds inconvenience. YOU WAIVE THE RIGHT TO A JURY TRIAL.
53. Attorneys’ Fees. YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.
54. Acceptance of Bidder Terms and Conditions. YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Bidder Terms and Conditions, and that YOU have read these Bidder Terms and Conditions, YOU understand these Bidder Terms and Conditions, and YOU accept and agree to be bound by these Bidder Terms and Conditions.
55. Waiver. CERTAIN PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS ARE FOR THE EXCLUSIVE BENEFIT OF AUCTIONEER AND/OR SELLER(S). SUCH PROVISIONS, INCLUDING, WITHOUT BEING LIMITED TO, BIDDER REGISTRATION AND QUALIFICATION REQUIREMENTS, PAYMENT TERMS, REMOVAL AND DELIVERY TERMS, AND INSPECTION TERMS, DO NOT CREATE, AND WILL NOT BE DEEMED TO CREATE, ANY BENEFITS OR RIGHTS IN FAVOR OF ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS, AND MAY NOT BE ENFORCED BY ANY OTHER PERSONS. EITHER GLOBALLY OR ON A CASE BY CASE BASIS AUCTIONEER AND/OR SELLER MAY (BUT WILL NOT BE REQUIRED TO) WAIVE ANY PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS THAT ARE INTENDED FOR THE BENEFIT OF AUCTIONEER AND/OR SELLER.
56. PUBLIC HEALTH. YOU understand that there may be public health risks associated with being in the proximity of others (including, without being limited to, possible exposure to COVID-19). YOU voluntarily agree to release, indemnify, defend, and hold harmless, Auctioneer and Auctioneer's agents, representatives, and employees, from any and all liabilities, claims, losses, causes of action or expense of any kind related, in any way, to bodily injury or infection associated as a result of YOUR presence at the Auction Site. YOU, further, acknowledge and agree that YOU are accepting such risks for YOURSELF and for anyone who may accompany YOU to the Auction Site, or who may handle Property from the Auction Site. YOU further acknowledge and agree that YOU are familiar applicable public health guidelines for social distancing, and that YOU enter the Auction Site of YOUR own free will and at YOUR own risk.