ONLINE AUCTION TERMS
Spring Online Equipment Auction
Bidding will open on Friday March 15, 2019 at 6:00 pm
Bidding will close on Monday, April 1, 2019 at 8:00 pm
Bidding will begin closing at 8:00 P.M. eastern time on Monday, April 1, 2019 at 8:00 pm. at the rate of 1 item per 1 minute. The closing time of each lot is subject to Hurst Auctions internet bidding platforms auto-extend feature. When time remaining to bid on an item falls below two minutes, a new bid being placed on that item will result in the bidding clock being reset to two minutes. Auto-extend bidding will continue on an item by item basis until such time as no further bids are received.
To simplify the bidding process, we encourage bidders to download the Hurst Auction mobile bidding App, available in the iTunes App Store or on Google Play.
TERMS OF THE AUCTION
This is an Online Only Auction, by registering to bid on the internet you acknowledge that you have read and understand the terms and conditions of this auction and that you agree to abide by all terms and conditions as stated below.
All auction items sell “as is, where is” with no guarantees or warranties either expressed or implied. Descriptions of the auction items are believed to be correct and accurate and are provided in good faith, but are matters of opinion and not guaranteed by the seller nor Hurst Auctions. Bidders must rely solely on their own judgment as to condition, grade, authenticity and accuracy of descriptions prior to placing a bid. By placing a bid, purchasers acknowledge and agree to all terms of the auction and agree not to retract their bid. Bidders that cannot satisfy the terms of the auction should not bid. All auction purchases are considered to have been verified by the purchaser as to condition, grade and authenticity prior to the purchaser placing their winning bid. It is the buyer’s responsibility to have any firearms inspected by a certified gunsmith before firing, neither the sellers nor Hurst Auctions has made any attempts to test fire these items.
For purchasers paying by credit card a 13% Buyer’s Premium will be added to your bid price to determine the final sales price of the items purchased.
For purchasers paying by cash, check or wire transfer a 10% Buyer’s Premium will be added to your bid price to determine the final sales price of the items purchased.
AUCTION PICK UP LOCATION
Items are located in Multiple Locations
GENERAL AUCTION TERMS
Hurst Auction reserves the right to remove or cancel the bids and / or the bidding rights and privileges of any bidder at any time that is deemed to have taken actions no to be in the best interest of the seller.
Hurst Auction reserves the right to add or remove items from the auction prior to the close of bidding; split or combine lots; add minimum bids or reserve prices. Hurst Auction also reserves the right to cancel, suspend, extend or reschedule an individual item and or the entire auction event or to make changes to the auction closing times, inspection times, or removal times.
Hurst Auction reserves the right to charge the purchasers credit card on file an amount up to the full purchase price for items not paid for in a timely manner.
Bidder must register to participate in the auction. Read the descriptions of each lot and view pictures carefully. If you have any questions contact Hurst Real Estate and Auction Company. Using your knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt DO NOT BID. All items are sold “As-Is,” this is an Auction and All Sales are Final. Bids cannot be retracted and are a binding contract between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about the item and associated costs before bidding. A maximum bid can be placed on items. A maximum bid is kept confidential, and the bidder authorizes the auctioneer to place bids on his/her behalf up to the amount of the maximum bid. All questions or disputes must be resolved immediately. No changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final. Hurst Real Estate and Auction Company reserves the right to revoke any bidders rights to bid at any auctions facilitated by Hurst Real Estate and Auction Company. Hurst Real Estate and Auction Company reserves the right to change the terms and conditions without notice. All sales will be recorded in on paper. The record of the bidder number, the bid, and the amount shall be used as evidence of the sale, and all disagreements will be resolved with this record
Hurst Real Estate and Auction Company is not responsible for corruptions or interruptions of the buyers connection to the bidding platform during the auction. Buyer agrees to hold Hurst Real Estate and Auction Company harmless for any such interruptions or buyer’s inability to effectively use hurstauctioncompany.com. Any bids placed in the last Two Minutes of the Auction will extended the time Two more minutes. Hurst Real Estate and Auction will not be responsible for any missed bids from any source, and we reserve the right to withdraw, rearrange, and or extend properties, without notice, at the auctioneers sole discretion.
Once you are registered and have your User Name and Password, you may place bids as soon as a lot opens for bidding. Your bids are FINAL and constitute a binding contract. Please be aware that lots will close at various times and may be extended. You are responsible for monitoring these close times.
All items sold by or through Hurst Real Estate and Auction Company are sold “as is,” “where is,” without warranties, expressed or implied, of any kind including without limitation implied warranties of non-infringement, merchantability, condition (whether or not discoverable), usability, fitness for a particular purpose, or as to brand, identity or quality of the unit, materials, components, or workmanship.
Hurst Real Estate and Auction Company makes every effort to represent the equipment to the best of our knowledge. Hurst Real Estate and Auction Company makes no warranty or guarantee of the equipment. While every effort is made to convey verbal and written information, photos, and descriptions accurately, these are meant to be used only as guides. Hurst Real Estate and Auction Company Representatives are not professional photographers. Photos may or may not depict all the good and bad aspects of items.
Hurst Real Estate and Auction Company only reports hours and miles that are shown on the meter at the time of listing for auction and makes no guarantees that the miles/hours shown on meter are the actual miles/hours. Inspection of the item, its operational condition, and components prior to bidding, is the buyer’s responsibility.
Hurst Real Estate and Auction Company is not responsible for statements, written or verbal, made by the seller. Buyer should carefully inspect the item prior to bidding. Failure to inspect the item is not grounds for dispute. Bidder is to use their due diligence prior to bidding, as no bids will be retracted.There is no refund for any reason. Buyer is fully aware there are no refunds and all sales are final.
It is the bidders responsibility to contact the Auction Company to preview and inspect items. All contact information for the Auction Company and Directions for viewing and inspecting items are located in the Auction Description. We will not disclose directions to item unless specified by seller.
It is the buyer's responsibility to pick up items purchased in auction within 14 days of winning the bid. The seller is responsible for maintaining items sold in auction in the same condition as when listed, for 14 days of winning the bid or until such a point the buyer picks up items won in the auction, whichever comes first. After 14 days of winning the bid or the time of pick up, whichever comes first, the buyer assumes full responsibility for delivery and all ownership risks including, loss from accident, theft, vandalism, fire, lack of security, flood, windstorm, earthquake, lightning, and all other acts of God. Hurst Real Estate and Auction Company does not provide transportation or loading services for buyers to remove their items. Any and all methods of lifting, towing, and hauling, as well as all other methods or requirements for the removal and transport of the materials, equipment and/or vehicles, is the sole responsibility of the buyer. The ownership of any and all items not removed by the final day of removal will revert back to Hurst Real Estate and Auction Company and they may re-sell or dispose of the property as they see fit.
The buyer is responsible for all applicable sales tax on items purchased in a Hurst Real Estate and Auction Company auction. Sales tax guidelines from the applicable state will be used to determine if an item is sales tax exempt. If the exempt determination is made, the buyer will be responsible for obtaining, completing, and forwarding all necessary forms from the taxing jurisdiction to Hurst Real Estate and Auction Company. Sales tax can only be cleared from the buyer’s invoice once all required forms have been completed, submitted, and validated. Sales tax or appropriate sales tax exemption forms are due at or before the time of payment. No items will be released to the buyer until payment is received in full by Hurst Real Estate and Auction Company.
PAYMENT OF ITEMS
The successful bidder is responsible for making full payment within 48 hours following the close of the auction, as well as removal of the item after payment has been received. Invoices are sent to the winning bidder after the close of auction. If no invoice is received the following day of the auction close, contact Hurst Real Estate and Auction Company immediately to verify purchase. All payments are to be made to Hurst Real Estate and Auction Company by Cash, Check, or Wire Transfer. Payments can be made by credit card for Auction purchases, however, a three percent convenience fee will apply to credit card payments. Once the payment is received, a paid-in–full invoice will be provided to the buyer. Failure to Pay for Items will result in suspension from bidding in any and all Hurst Real Estate and Auction Company Auctions. You the bidder agrees not to stop payment on checks, disallow a bank draft, credit card, and or any type of payment. Bidder will be fully responsible for any expenses due to collection of any type of payment. Any type of chargeback, the auctioneer may be able to get a judgment locally that can, potentially, be transferred to the buyers jurisdiction and be entitled to any attorney fees incurred collecting money. The laws of the State of Tennessee govern this agreement and the venue shall be Hamblen County, TN.
Buyer agrees to remove items from seller’s location within 14 days of winning the bid. Transportation, and any and all costs associated, will be paid by the buyer. Should buyer fail to remove purchase within the specified period of time, Hurst Real Estate and Auction Company may charge a storage fee of $25 per day until purchase is removed from seller’s location. All such charges shall be paid by the buyer. If buyer does not remove item within 30 days, item may be placed for sale in the next available Hurst Real Estate and Auction Company auction. Hurst Real Estate and Auction Company maintains the right to suspend the bidding privileges of any buyer who does not pick up items purchased in the auction within the specified terms.