This bidder contract entered into between a legally registered Bidder and the Allcoast Auctions & Realty here after refeRred to ACAR. Bidder agrees that the terms listed below shall govern this auction and he/she agrees with them. Additional terms may be posted or announced from the auction block and these terms are just as binding as the ones listed below.
1. Full Payment - All items must be PAID IN FULL before bidder leaves the auction. Nothing may be removed until it is settled for. Payment for purchases must be made by cash, check or charge card with proof of identity. All sales are subject to local sales tax and 13 % buyers premium for onsite bidders and 15% for online or absentee bidders, 3% discount for cash. 3% convience fee for debit/credt transactions. Bidder agrees Not to stop payment on checks or credit cards and is responsible for any charges incurred for collection of a bad check. The Auctioneer has the right to repossess, at any time, at your location, the merchandise involved with a bad check.
1A. TERMS OF PAYMENT. At the announcement of "SOLD", the highest bidder will have purchased the offered lot. All sales are final at the fall of the Auctioneer's hammer or at the announcement of "SOLD". The purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof and if requested will sign a confirmation of the purchase. The purchaser further agrees to pay the Total Amount Due. The Total Amount Due must be paid in full the day of sale if attending in person, otherwise upon receipt of the buyer's invoice. All property must be removed from ACAR's premises at the purchaser's expense no later than 5:00 p.m. two days following the date of sale unless otherwise agreed. If the property is not removed within two days following the date of sale, it will be stored at ACAR's facility at a cost of $10 per item, per day. The purchaser will then be unable to pick up the purchased lots until the storage fees are paid to ACAR. If the purchased lots are not picked up and storage fees NOT paid to ACAR, the items will be sold pursuant to Statute Sections 83.801-83.809 of the Florida "Self-storage Facility Act".
2. Warranty - all items are sold as is, where is, without guarantee of any kind. The description in our advertising is believed to be correct, nevertheless, neither those descriptions nor any oral statements made by the owner or his agents or the auctioneer concerning any item shall be construed as a warranty, neither expressed or implied. I, the bidder regardless of inspection or not accept the merchandise as is where is.
3. Disputes - The Auctioneers shall designate the winning bidder after each item is auctioned. If a disputes arises between two bidders, the Auctioneers reserve the right to reopen the bidding. The Auctioneer's designation of the buyer is final.
4. Buyer's Responsibility - After a bidder has won the bid, they are now the new owners of this item, even though they may not have paid for the item yet. The item or items is the sole responsibility of the buyer and they assume all risk for loss or damage, buyers should guard their items accordingly. Watch your ITEMS!
5. Injury and Damage - Bidder acknowledge responsibility for any personal injury or property damage caused by bidder or his agent and further agrees to hold Auctioneer harmless from any personal injury to himself or his agents and any property damage incurred on auction premises.
6. Agents only - The Auctioneers are acting as the Agents for the Sellers only.
7. FAILURE TO DELIVER PURCHASER'S PROPERTY. If ACAR is prevented by fire, theft, or any other reason from delivering any property to the purchaser, ACAR's liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.
8. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale SA may accept bids on behalf of potential bidders at ACAR's own discretion by telephone or internet. Additionally, on-line bidding may be available on ACAR's website. Purchasers acknowledge that by bidding absentee via mail, e-mail, telephone, through internet providers, or any other absentee means (i.e., not in person bidding), no fiduciary duty exist between the bidder and ACAR. The purchaser acknowledges ACAR has a financial interest in all items offered for sale. The purchaser acknowledges that there may be a conflict of interest in that ACAR may have an interest in items beyond the seller's commission and buyer's premium. In fact, ACAR may have offered a guaranteed amount to a particular consignor or may actually have an ownership interest in an item offered for sale. Purchaser acknowledges that ACAR has a fiduciary duty to the sellers and not to the bidders or purchasers. Purchaser acknowledges that ACAR owes no duty to disclose the ownership of any item being auctioned. Any absentee bid is executed as if the bidder was actually present and bidding themselves. ACAR will attempt to execute bids in a manner such that the bids will prevail at the lowest bid possible. ACAR assumes no responsibility for failure to execute telephone, sealed, or website/online bids for any reason whatsoever or for failure to execute bids such that the bids do not prevail at the lowest bid possible.
I have read this document and hereby agree to the above terms and conditions by registering for this auction.