Auction Terms & Conditions BidTender Auctions, Inc., - Terms and Conditions
The following terms and conditions apply to bidders, sellers, and participants in any auctions or events held, owned, or managed by BidTender Auctions, Inc., and/or assigns. It is your responsibility, prior to bidding, to ensure that you fully understand all terms and conditions defined herein. All Bidders and participants have complete and full knowledge of this agreement at registration for our auctions, and agree to be bound by these terms and conditions.
* BidTender Auctions, Inc., shall herein/hereafter be referred to as BidTender Auctions, Auctioneer, and/or BTA, and these terms shall be interchangeable.
* Bidder/Buyer/Purchaser will herein/hereafter collectively be referred to as Bidder.
* Registering to bid with BidTender Auctions constitutes acknowledgement and acceptance of terms and conditions mentioned herein. These terms may be occasionally be updated, and continuance of participation and/or registration by Bidder constitutes full and future acceptance.
* All lots are sold at auction, and are sold without warranty, expressed, or implied, and are sold as-is, where-is, along with any and all faults or discrepancies that may or may not be present. BTA, and/or the seller, makes no representation as to the safety, quality, condition, completeness, or operation of any items sold at auction. Although inspection/preview is not a requirement to bid, BTA highly recommends in-person preview/inspections on all items prior to bidding.
* Bidder enters any auction site, property, or facility controlled or managed by BidTender Auctions, at his/her own risk, and agrees to hold harmless BTA for injury, accidents, and damages.
* Due Diligence: BTA, and/or sellers/consignors strongly encourage all bidders to exercise due diligence prior to bidding on any items. This should include, but not be limited to, in-person inspections, hired technicians, and expert advice from a neutral party. Refunds are at the sole and absolute discretion of BTA. Preview inspections, when available, will be offered during a specified window of time, on a specified date(s).
* Bidder acknowledges and accepts that errors may or may not be present in photographs, catalogs, descriptions, and any other information via written, spoken, or advertised. Bidder must communicate any errors or omissions to BTA, in writing or in person, prior to removal of purchased items. Bidder acknowledges that once an item has been removed from the auction site Bidder shall automatically assume full acceptance of items, complete with any and all faults, errors, or omissions.
* BTA, as a convenience to the seller and the auction process, will try to have equipment and utilities disconnected, and purchased items ready for removal by the Bidder. But if BidTender Auctions does not have disconnections, removal, or any other convenience service(s) performed, for any reasons as deemed appropriate by BidTender Auctions, Bidder hereby acknowledges and reaffirms that it is the sole responsibility of the Bidder to safely disconnect and remove the their purchased items, without help or assistance from BTA, Seller, or the Consignor. Bidder also agrees to hold harmless BTA and/or the seller/consignor, of any liability, injury, or damages, and bidder hereby accepts sole responsibility for their own safety and the safety of anyone hired or with Bidder, when entering, while on, and when exiting the auction site. Bidder/buyer acknowledges and accepts the dangers inherent to auction sites, commercial equipment, and removing equipment, fall hazards, slipping or tripping hazards, utility connections, and any other potential or unpredictable hazards and/or harm not described herein. Bidder also agrees that at no time shall children or pets be permitted to enter the auction site (service animals are allowed).
* BidTender Auctions, and/or assigns reserves the right to deny or revoke access to the auction site if Bidder behaves in a manner that BTA deems dangerous, inappropriate, or disruptive. Bidder also accepts all responsibility, financially and otherwise, for any damage or injury caused to the auction site, other people, building, equipment, vehicles, or any other property, due to actions, accident, or negligence by the Bidder and/or any parties hired by, representing, or helping Bidder.
* If Bidder fails to remove any of their items by the end of the scheduled pickup date, BTA may, at their sole discretion, consider those items abandoned, and dispose of them in any manner BTA chooses. This may include, but is not limited to, selling at another auction or sale and BTA retaining any monies recovered, hauling away or storing for future disposal; and BTA reserves the right to charge bidder for reasonable disposal and/or storage fees. Should any items be abandoned by Bidder, Bidder shall lose all rights to said items, no refunds shall be issued to the Bidder, and any monies still due to Seller or BTA shall still be in force, immediately due, and payable to BTA.
* When auction concludes, bidder agrees to have BTA charge their credit card on file for all items won, including fees, taxes, etc., as represented in the invoice which shall be emailed to Bidder at email address provided by Bidder during registration. Failure to receive invoice does not relieve Bidder of obligation to pay debt in full. Payment shall be completed within 24 hours of auction closing, unless prior agreement has been entered into and agreed upon, in writing, by BTA and the Bidder. Bidder also agrees not to initiate chargebacks against BidTender Auctions Inc., for any reason.
* Bidder acknowledges that their bid is a legally binding contract with BTA, and Bidder agrees that BTA may use any legal means necessary for collecting or enforcing specific performance, which is defined in these terms and conditions. Collection costs, and legal costs incurred by BTA, shall also be borne by, and become the absolute responsibility of Bidder.
* Bidder hereby agrees, that in the event of a dispute, where the parties involved are unable to come to a resolution, all further negotiations shall be handled , negotiated and settled through a third-party mutual arbitrator. Any and all fees, expenses, or costs of arbitration, for either party, shall be borne by, and become the sole and absolute responsibility of Bidder.
* BTA reserves the right to have charge limits on any invoices, and require wire transfer, or certified bank check for any invoices over a certain threshold determined by BTA. Bidder agrees that all sales are final. Credit cards will not be accepted as payment for any items requiring shipping, and Bidder acknowledges that wire transfers are the only method of payment accepted for shipping.
* Should Bidder default on full payment of invoice by the date due, BTA may seek any and actions allowed by law, and BTA may retain any and all monies and/or consideration, received as a deposit or otherwise, as a form of liquidated damages. Any of the Bidder's items that are not paid for and/or removed within the specified and advertised times, may be disposed of, or resold at public or private sale or auction, without further notice, and any deficiency, fiscal or otherwise, together with all expenses and of re-sale costs, will become the debt of, and be charged to the defaulting Bidder.
* All fluids, oils, coolants, chemicals, fuels, gases, if required by federal, state, or local laws, ordinances, or shipping requirements, must be removed prior to removal and/or shipment. Bidder acknowledges and accepts this responsibility, and holds harmless BTA, Seller, Consignor, and any other entities affiliated with BTA from any and all claims or future claims for damages, injury, proximal consequence, environmental impact, or any other liabilities.
* Shipping: BTA will offer shipping via USPS, UPS, FedEx, Freight, and/or other manner, as determined by BTA, solely at cost to the Bidder. Bidder should contact BTA immediately following auction closing if shipping arrangements are requested by Bidder. Under no circumstances will BTA ship Bidder's items until all invoices are paid and settled via wire transfer, including shipping costs. Additional, reasonable fees for shipping-related services may be applicable. These additional fees can be, but are not limited to a fifty-dollar ($50.00) palletization fee, a fifteen-dollar ($15.00) packing/boxing/labeling fee, a transport fee for transport of Bidder items to a shipping facility, liftgate fees, and postage or other shipment charges/expenses/costs/fees that may be charged to BTA by FedEx, UPS, USPS, etc. BTA is unable to estimate shipping expenses without knowing destination, exact items to be shipped, and exact weight after palletiziation and/or packaging. Therefore BTA recommends Bidder use the approximated dimensions of item provided by BTA in the lot descriptions, along with visiting the manufacturers website for weights as specified on their Spec Sheet, data sheet, or manuals, then cross referencing that data with a shipping company or freight company cost estimate tool. For Bidder convenience, BTA has commercial accounts set up with companies such as XPO Logistics, and Old Dominion Freight, and can provide shipping through them for a lower cost than is typically available to the public.
* BTA reserves the right to deny access, exclude, or refuse service to any individual, or parties, for any reason whatsoever, without explanation, provided such refusal is legal and does not violate federal, state, or local law(s).
* Any dollies, pallet jacks, pallets, or other items shown in the lot pictures, other than the lot in the description, are not included in the sale, and are only in the pictures as needed to better facilitate safely moving the lot around for photography.
* If any item Bidder purchases is, for any reason, not available, or missing, any liability of BTA shall be limited to a refund of the purchase price of that item.
* A buyer's premium of fifteen percent (15%), charged by BTA, shall be added to the total of all invoices, and is payable to BTA. BTA will offer a 3% discount for cash payments, which may be made at auction pick up, however Bidder must bring payment in exact amount specified on invoice, as change may not be available.
* Sales Tax: Sales tax will be charged after all bids, fees, premiums, and totals have been calculated, then added to the Bidder's invoice, applicable to the rates and laws of the state and/or jurisdictions the auction(s) are/were held in. If you are legally exempt from sales tax, you must submit the proper documentation and credentials to BTA. As of the date these terms and conditions were drafted, the sales tax rate for Virginia is/was (5.3%), Maryland (6%), and DC (6%); however additional local and/or jurisdictional taxes may apply.
* Currency type for all transactions and debts with BTA shall be in the form of USD (United States Dollar).
Auction Location: 11334 Lee Hwy, Fairfax, VA 22030
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