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AUCTIONS SOUTHWEST
Purchasers' Terms & Conditions of Auction
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TERMS: Cash or known check with I.D., Paypal and credit cards at any sale where credit cards are accepted. Returned checks will be subject to a $45.00 charge.
Bidding and acknowledgement will be by paddle or bidding card number only. Please register and sign bidding contract with the clerk. Absentee bids will not be accepted unless an Absentee Bidder’s Form has been deposited with the Clerk. Proxy bidding can be found at AuctionZip.com. Once you become a winning bidder, title passes (UCC Code), and you are responsible for your own merchandise.
BUYER’S PREMIUM: A Buyer’s premium of 12% for debit and credit card will be levied on all sales. 2% discount will be given when paying for cash and check.
SALES TAX: will be charged at the percentage as defined and applicable for the locale (county/ city) on all items. Dealers of exempt agencies must register sales tax numbers with the Clerks to claim Sales Tax exemption.
Auctions Southwest bill of sale will be made out to the original bidder only.
Everything sold “AS IS” and “WHERE IS”, except as expressly made in writing or otherwise described by the auctioneer. No warranties are made as to the merchantability of any item or its fitness for any purpose.
While descriptions are believed to be correct, the Auctioneer and the Owner make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity of, or defect in, any lot, and will not be held responsible for advertising discrepancies or inaccuracies.
If any dispute arises between two or more bidders, the Auctioneer, at his sole discretion, may put the lot up again for sale at once and resell to the highest bidder.
The Auctioneer reserves the right to group one or more lots into one or more selling lots and to add or delete from lots at his sole discretion. The Auctioneer reserves the right to bid and to reject any and all bids, including any bid that is only a fractional advance over the preceding bid. All bids subject to confirmation of Secured Parties.
PAYMENT FOR MERCHANDISE AND ITS REMOVAL: Bills cannot be paid and no items may be removed until after the completion of the sale, or at Auctioneer’s discretion. Merchandise must be removed as of the date when sold. Please check your invoice to be sure that all the items you have purchased are listed, and that you have claimed all of them. Discrepancies cannot be rectified at any time after receipt of goods.
In the event the Purchaser fails to pay the whole of the purchase price within the time set forth by the Auctioneer, and/or fails to comply with any of the terms and conditions of sale, the Seller may retain and/or recover the deposit specified as liquidation damages, and in addition thereto, can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the Auctioneer by the defaulting Purchaser together with all charges and expenses incurred by such resale and the enforcement of the obligation hereunder. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of sale, including, without limitation, reasonable attorney fees.
DISPOSAL OF UNCLAIMED PURCHASE(S): The Purchaser agrees that if the purchased items are not picked up from Auctions Southwest by 12:00 noon. on the day after the auction sale (EXCEPT ON A SUNDAY. THEN MONDAY WILL APPLY.) (unless prior arrangements have been made in writing) goods will be disposed of by Auctions Southwest and said Purchaser will hold Auctions Southwest harmless for such remedial action and not make any claim on Auctions Southwest for any form of reimbursement.
Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, losses and claims of any type whatsoever, caused before, during the sale or during removal of the items purchased.
PLEASE NOTE: By signing this form, which is a written, binding contract agreeing to the terms and conditions of sale, you acknowledge that any bid you make falls under the provisions of the Texas State Auction Law. If you do not agree to the terms and conditions of sale, please return your bidding card to the clerk.
Signature: _______________________ Date: __________________ Bidder # ____________
[PRINT NAME]: ______________________________
AUCTIONS SOUTHWEST, P.O. Box 1351, Magnolia, TX 77353-1351
Auctioneer: Barbara Brooks TAL #16825. For more information, call Barbara at: 936-372-0049
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