Terms Page

Terms

 
 
This is a legal agreement between you, as a buyer or seller, and The SITE OWNER or Auction Company

You must be at least 18 years old

Auction Group, LLC (Licensed REALTOR team with Berkshire Hathaway HomeServices GA Properties Auction Company) or Red Belly Rooster Auction (Auctioneer Patty Brown)hereinafter referred to as Auction Co.) at its sole discretion, may ban from further use any buyer or seller which Auction Co. believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Auction Co. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

Personal Property Auction: BUYER PAYMENT/NON-REFUNDABLE RESTOCKING FEE: Auction Co. RESERVES THE RIGHT to charge the credit card registered with your account up to 25% as a non-refundable restocking fee (minimum $25.00 charge) based on total purchase price during the auction or immediately following the auction.  The non-refundable restocking fee (minimum $25.00 charge) will be charged when invoices are not paid in full in accordance with the auction specific payments terms. Note that the purchase price is the sum of the bid price, buyer’s premium, buyer's fee, and sales tax if applicable. At which time, all items are considered to be abandoned &/or forfeited to the Auction Co. Auction Co. reserves the right to relist/resell any and all items considered to be abandoned or forfeited when invoice is not paid in full and/or removed completely from auction location within auction specific terms for payment & removal.  We do not accept partial payments. Invoices must be paid in full. All payments must be in U.S. Funds.

ALL ITEMS on the auction sell subject to the Auction Co.’s acceptance or rejection of the high bid. 

NOTICE: BUYER’S PREMIUM: A buyer’s premium will be added to all purchases. This buyer’s premium varies, depending on the auction. The actual buyer’s premium in effect will be noted on the additional information page. You will see this additional information page when you click on the button to view the items that will be selling. You may also call us to find out the exact amount of the buyer’s premium for any auction. Visa, MasterCard, Discover and American Express cards are accepted.

How INCREMENTAL BIDDING Works:

A bid may be placed for any amount equal to or greater than the current required bid amount, which means your bid amount is not required to be an increment of the posted bid increment.

Example:

  • Current bid at $10.00 with a bid increment of $5.00.   
  • Minimum bid required would be $15.00. 
  • A bid may be placed for any amount equal to or greater than $15.00.  
  • The winning bid may end up at any amount. It may not be divisible by the stated increment. The winning bid will be the highest 

Refer to Automatic Bidding section for further explanation of the convenient method of placing an automatic bid.

How AUTOMATIC BIDDING Works: (also known as: max bid, auto bid or proxybid)

Automatic Bidding (auto bid) option makes bidding convenient allowing you to enter the maximum bid amount* that you are willing to bid on an item. Based on your Account Preferences for notification, you may be notified whenever your auto bid increases &/or when it is exceeded.

Other bidders do not have access to see your auto bid amount.

Your auto bid will not “jump” to the maximum amount. The auto bid will increment up only with competing bids until either the item completes with you as the high bidder, or until your auto bid has been exceeded by another bid.

If another bidder already has an auto bid in place when you place your auto bid, the (2) competing auto bids will continue to increment until either the lower auto bid is maxed out; or if both auto bid amounts are the same the auto bid that was placed first will become winning position of the bid.

Example #1:

1. Minimum bid is at $10.00 with a $5.00 bid increment.
2. Bidder #1 places an auto bid for $75.00.  
3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00.
4. Bidder #2 places an auto bid for $25.00.
5. Bids would compete with each other as follows: 

 Bidder #1 - $10
 Bidder #2 - $15
 Bidder #1 - $20
 Bidder #2 - $25 (maximum auto bid placed)
 Bidder #1 - $30 (high bid position)   

Example #2:

1. Minimum bid is $10.00 with a $5.00 bid increment.
2. Bidder #1 places an auto bid of $25.00.
3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00
4. Bidder #2 places an auto bid for $25.00 (same amount as Bidder #1 auto bid)
5. Bids would compete with each other as follows: 

 Bidder #1 - $10
 Bidder #2 - $15
 Bidder #1 - $20
 Bidder #2 - $25
 Bidder #1 - $25 (high bid position) 

The high bid is $25 with Bidder #1 in high bid position because Bidder #1 placed the $25.00 auto bid before Bidder #2.

*Buyer’s premium and sales tax will be in addition to the winning bid amount.

Removal and Failure to Remove. All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified, the Auction Co. shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyers sole risk and expense (storage costs will be charged - per day - per item - other costs additional), without waiving any rights that Auction Co. or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) If the purchases have not been removed within the time period announced, the Auction Co. reserves the right to charge the bidders credit card registered with account a 20% non-refundable restocking fee (minimum $25.00 charge) based on total purchase price. Auction Co. reserves the right to relist/resell any and all items considered to be abandoned or forfeited when invoice is not paid in full and/or removed completely from auction location within auction specific terms for payment & removal.

 

Sales Tax: All bidders will be subject to the applicable sales tax unless you provide our office with the documentation we require for exemption. NOTICE: Out-of-state buyers and out-of-country buyers must pay Georgia Sales tax because all we do not provide shipping and all pick will be local pickup with local tax rate. (Unless stated differently in the auction terms) 

Seller Bidding: The Auction Co. RESERVES THE RIGHT TO BID on the seller's item in order to protect their investment. 

Seller Fees:  The SELLER agrees to pay the Auction Co. all fees as outlined in the contractual agreement between seller and the Auction Co.

Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Co, or Seller for any errors or omissions.

Posted closing times and displays of Auction Co.'s current time are approximate. Auction Co. reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Time Zone where the auction is located. Dynamic bidding - The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 1-5 minutes of bidding inactivity.

Auction Co.'s Right to Terminate Purchase. If for any reason Auction Co. is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Auction Co. may terminate the purchase/agreement, in which case Auction Co.'s only liability shall be the return of any monies actually paid by buyer.

 

Georgia Auctions

Consent to Suit in Georgia. In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Georgia. Buyer also agrees that venue shall be in Fayette County, GA and that the laws of the State of Georgia shall govern this Agreement and the parties’ transaction hereunder.

The BUYER expressly agrees to indemnify and save the Auction Co., Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Auction Co., or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the Auction Co. for damages caused by or resulting from the Auction Co.'s sole negligence.

Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.

DISCLAIMER OF WARRANTY AND RELEASE

You expressly agree that use of this Web site is at your sole risk. Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.

The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice. 

Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale.

 THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

LIMITATION OF LIABILITIES

 

YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.