1. All Bidders will be identified by number rather than by name. The Auctioneer
will record all sales under your bidder number only. US Auctions hereinafter is
referred to as USA. USA reserves the right to refuse registration to any
individual, Company or Dealer. The auction is digitally recorded. These
terms/conditions apply to ALL Bidders!!
2. All items are offered "AS IS, WHERE IS" as announced at the time of sale. No
claim will be considered for allowance, adjustment or recision of any sale based
upon the failure of the property to correspond to any particular standards or
expectations of the Buyer. The Auctioneer may state the year of manufacture of
certain equipment; however, it is the responsibility of the Buyer to ascertain,
by his own means, the correctness of year, model, equipment, options, and
accessories prior to bidding. The Auctioneer reserves the right to group,
modify, increase, diminish or delete lots at his sole and absolute discretion.
No agent, employee or representative of USA or Seller has any authority to bind
Seller to any affirmation, representation, or warranty concerning any equipment,
vehicles or other goods sold to any direct or indirect purchaser. Notice
to Buyer: the vehicles/associated equipment are sold as and where is and
with all faults, Seller/USA makes no warranties, express or implied as to the
equipment. The Buyer agrees to indemnify and hold harmless USA from any/all
damages, injuries, and/or causes of action which may involve any equipment,
vehicle, and/or associated equipment occurring subsequent to the date of this
sale or such equipment, vehicle, and/or associated equipment.
3. The Auctioneer may refuse to accept or acknowledge any bid which is merely a
fraction over the preceding bid and in the event of a tie bid the Auctioneer may
re-open the bidding to determine the higher bidder. All sales are final, upon
the award of bid a 25% deposit is required by CASH, CASHIER’S CHECK, MONEY
ORDER, CERTIFIED CHECK, or BANK LETTER OF GUARANTEE (which must be received 3
days prior to the auction). ABSOLUTELY no 3rd party
checks. The balance of the purchase price shall be paid on the day of the sale
or no later than the end of the day following the sale; and in any event, prior
to the removal of any lot. In the event the Buyer fails to pay the full purchase
price for any lot within the specified time, or fails to comply with any other
terms of the sale, USA shall retain a possessory lien on all lots of the Buyer
and any/all
of the Buyer’s merchandise in the possession of USA. Buyer shall pay all
deficiencies resulting from such resale, along with all charges, fees,
commissions and expenses in connection with such resale. The auction deposit
shall be retained by USA for application against any such deficiency, expense or
charge as liquidated damages. NO REFUNDS OR ADJUSTMENTS!
4. Upon the award of bid, title (subject to USA’s possessory lien) and all risks
of loss, damage to or destruction of the purchased item, passes to the Buyer.
USA/Seller shall have no liability whatsoever for any damage to or destruction
of any such lots.
5. All lots MUST be removed within the time announced at the sale
at Buyer’s sole cost and risk and only in a manner approved by USA. If for any
reason the Buyer fails to remove any lot within the specified time, the lot
shall be deemed abandoned, and USA may re-sell per paragraph 3 above, or remove
from the auction site, and/or store the said lots at Buyer’s sole risk and
expense. In addition, the Buyer shall be liable for any rent incurred or damages
suffered by USA because of the Buyer’s failure to remove any lot in a timely
manner.
6. Sales taxes will be added to the purchase price of all taxable items. Dealers
who purchase for resale MUST provide a resale certificate along
with Dealers License to USA in the name of the registrant or pay sales tax.
Purchase must also comply with all local laws/ordinances regarding sale property
at auction.
7. If for any reason the Auctioneer fails to deliver an awarded lot, the
Auctioneer’s sole liability shall be the return of any deposit/monies paid on
such no-delivered lot. USA and/or Seller does not accept responsibility for the
failure of any equipment said to meet the safety standards on classifications of
equipment by the Department of Labor, Safety and Health regulations, CAL-OSHA,
Federal OSHA, or the EPA. It is the express responsibility of the Buyer to
determine what safety equipment must be in service of any machinery purchased
and to comply with those regulatory requirements prior to using any equipment,
machinery or vehicles purchased.
8. All smog related repairs/certifications are the sole responsibility of the
Resale Dealer or Buyer.
9. The following fees apply to all sales NO exceptions: Buyers
fee: $150 up to $1000 - 15% on $1000 & over and on all M, J lots and Bills of
Sale Only; Gate Release Fees: $55 on all regular lots - $15 all M, J lots and
Bills of Sale Only, Smog Fee: $58, Sales Tax and DMV fees where applicable.
Registration requirements: CA DL/ID, Out-of-state/country license will require a
$500 cash deposit. Late fees will be applied on all late payments on purchases
made. If you are bidding on multiple lots let the Staff know as you will be
required to leave a $500 cash deposit prior to bidding. ABSOLUTELY NO
EXCEPTIONS TO THESE CONDITIONS!!
10. USA WILL NOT be responsible for any lots damaged or lost at
the auction site during and after the auction. All purchases MUST
be removed from the auction site by Monday at 5pm following the auction,
otherwise storage fees will apply at $25/day per lot starting on Tuesday after
the sale.
11. If a dispute arises the Buyer will pay any/all legal fees.