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 | | Auctionmart.com POWERED by Centurion Service Group |
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Terms and Conditions |
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- All applicable sales, use,
transfer or excise taxes arising from sale will be charged to Buyers, and
will be added to the purchase price in accordance with local and/or state
law.
- No purchases may be removed until
after conclusion of the timed auction and full payment has been received.
Full payment must be received within 2 business days. If a Buyers wants to
pay by wire transfer they must get prior approval by Centurion, prior to
the close of bidding, to do so.
- Acceptance of bid is a commitment
to purchase and binding on Buyer, its principals, agents, successors and
assigns. Buyers or their agent(s) must pay for, accept delivery, and
remove the items/lots purchased. Buyers are solely responsible for
packaging, loading, removing and/or shipping of the items/lots purchased
and to proceed diligently in such removal. Buyer agrees to contact
owner/seller within 24 hours to arrange pickup/delivery. Items/lots must
be removed within 10 business days of receiving notification of winning
bid. If purchases are not removed within the required time limit the
purchased items/lots will be deemed abandoned and payment will be
forfeited. Buyers are responsible for checking the quantities of the
items/lots purchased. No adjustments in quantities will be made after the
items/lots are picked up by buyer or buyer’s agent. Once a bid is
accepted, neither Centurion nor owners will be liable for any loss,
shortage, damage or liability arising from or as a result of any reason
whatsoever, including without limitation, negligence, any act or omission,
strikes, industrial disputes, civil disruptions, war, terrorism, natural
disaster, acts of God, and/or or any other event or occurrence in or
beyond Centurion’s or owner’s control. Buyers are advised to pre-arrange
insurance coverage of their purchases on award of bid.
- Buyers are responsible for all
risk of loss, property damage, personal injury caused by removal, and all
costs of removal of items/lots purchased. A certificate of insurance
reflecting adequate insurance coverage(as
required by seller),
holding Centurion, owners and landlords harmless against any damage must
be furnished to Centurion at Centurion’s sole discretion and requested
prior to such removal. Buyer's obligations with regard to removal further
include the obligation to repair and restore any damage to the real
property or permanent improvements where the purchased items/lots are
located. Buyers de-installing items/lots purchased MUST be or use
professional, experienced, qualified de-installers and provide to Centurion
a certificate of insurance or bond in an amount of no less than One
Million ($1,000,000) Dollars, prior to performing such work.
- If, for any reason whatsoever,
Centurion fails to deliver an awarded item/lot, the Centurion's sole
liability shall be the return of any deposit or monies paid on said
item/lot, and Buyer shall have no further claim whatsoever including
without limitation direct, indirect, consequential, exemplary or
incidental damages
- Items/lots may be offered subject
to a reserve price without notice to the bidders. If a bid is received within the final fifteen minutes
of a timed auction, the bidding time may be extended in increments of up
to fifteen minutes.
- Centurion may, at their sole
discretion, without reason, notice or liability of any kind, at any time
prior to or after commencement of the timed auction, but prior to close of
bidding, alter, withdraw or vary any or all items/lots, refuse to accept
any bid or terminate bidding on any or all items/lots, or cancel the timed
auction entirely.
- The advances, progression, and
rules in the bidding shall be regulated at the sole discretion of the
Centurion. Centurion reserves the right not to acknowledge or accept any
bid. Centurion further reserve the right to refuse any bid for any reason.
- ALL ITEMS/LOTS IN THE TIMED
AUCTION ARE PURCHASED “AS IS” AND “WHERE IS” IRRESPECTIVE OF CONDITION,
WEAR, DAMAGE, AND WITH ALL FAULTS. All sales of items/lots are final and
without any warranty, guarantee or representation of any kind or nature
whatsoever, either express or implied, written or oral, as to the design,
condition, merchantability, fitness for any particular purpose, quality,
capacity, workmanship, or that any items/lots will satisfy the
requirements of any law, rule or regulation. It is Buyer’s sole
responsibility to provide proper safety devices and equipment or the means
to meet all government safety standards or any other laws, including any
environmental protection or other public protection laws, licenses or regulations. Buyer specifically relieves, releases,
indemnifies and holds Centurion and owners/sellers harmless, from and
against any and all responsibility, damages, claims, fines, penalties,
judgments, actions, lawsuits, and/or liability of every kind and nature,
including without limitation payment of Centurion’s attorneys fees and
costs, in connection with or as a result of any breach of Buyer’s
obligations, duties or responsibilities described herein or for violation
of any provision of these Terms of Sale. In the event Centurion must enforce
these Terms of Sale against Buyer in a court of law, in addition to all
other available remedies, Buyer will be responsible for Centurion’s attorneys fees and costs.
- Quantities, descriptions, weights,
measurements, dimensions, serial and machine numbers, year and model set
out on the items/lots in the auction brochures, catalogues, any
advertisements, seller information, and/or invoices are believed to be
accurate. However, Centurion, owners, or advertising counsel are not
responsible or liable for any discrepancies, inaccuracies or failure of
the items/lots to correspond with any written or verbal representation of
such information made by or on behalf of either the Centurion or owner, or
any perceived or expected standard or custom, or any other particulars
such as the genuineness or authenticity of any items/lots. No item/lot
shall be sold or deemed sold by description or such information and Buyer
shall not be entitled to rely thereon. All such information is given by
way of identification only and no warranty, condition, representation or
guarantee is made, given or is to be implied. Centurion and/or owner are not
responsible or liable for any damage or loss (direct, indirect,
consequential or otherwise) arising as a result of any inaccuracy in respect
thereof. There is no right of
inspection granted to any prospective buyer, before, during, or after the
auction. It is at Centurion and seller’s sole discretion to grant
inspection if requested.
- Centurion may charge a Buyer’s
Premium of up to seventeen percent of the final sales price and will
be added to Buyer’s purchase price. The Buyer’s premium may be adjusted at
Centurion’s discretion.
- Equipment will not be released
until the following has been received:
payment in full by credit card with a sign credit card slip, or
wire transfer for full payment, or a combination of credit card payments
with a signed slip and wire transfers amounting to full payment. .
- In the event Centurion must
enforce these terms of sale in a court of law they shall be governed by
the laws of the State of Illinois (excepting any conflict of laws or
provisions which would serve to defeat application of Illinois substantive
law). Each of the parties to this Agreement hereby irrevocably and
unconditionally: (A) consents to submit to the exclusive jurisdiction of
the courts of Cook County, Illinois for any proceeding arising in
connection with this Agreement and each such party agrees not to commence
any such proceeding except in such courts, and (B) waives any objection to
the laying of venue of any such proceeding in the courts of Cook County,
Illinois.
- These Terms of Sale may not be
changed, amended or modified except by Centurion, and maybe changed and
modified by Centurion at any time.
- All materials including images,
illustrations, designs, icons, photographs, video clips, and written and
other materials that are a part of Auctionmart.com web site are
copyrights, trademarks trade dress and/or other intellectual property
owned and controlled by Centurion
- No information on this web site
may be copied, reproduced uploaded, posted, transmitted, or distributed in
any way, and any modification of the materials or use of the materials for
any other purpose is a violation of Auctionmart.com/Centurion’s copyright
and or other proprietary rights.
- There is not necessarily and relationship
between Centurion and those that have a hyperlink on auctionmart.com
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