AUCTION REGISTRATION, BIDDING AND SALES AGREEMENT
This AUCTION REGISTRATION, BIDDING AND SALES
AGREEMENT (the “Agreement) is entered into between the Bidder/Buyer as signed
below (the “Bidder/Buyer”) and Southeast Auction Company as auctioneer (the
“Auctioneer”). Bidder/Buyer agrees
that the terms listed below shall govern the auction and sale and he/she agrees
to be bound by them. Additional
terms may be posted or announced from the auction block which are just as
binding as the terms set forth below:
1.
Everything
is sold “AS IS, WHERE IS”, and ‘WITH ALL FAULTS” and the Auctioneer and the
seller and/or owner of each item expressly disclaim any warranties.
By bidding, Bidder/Buyer acknowledges that he/she has inspected the
property that he/she is bidding upon and/or buying.
Bidder/Buyers are responsible for their purchases when Auctioneer says
“SOLD” in response to their bid. The
acceptance by the Auctioneer of the last bid constitutes an oral contract
between the seller and the Bidder/Buyer and is legally binding.
The Bidder/Buyer agrees that he/she has examined this merchandise and
accepts the way it is. ALL SALES ARE
FINAL. THE ITEM(S) SOLD CANNOT BE
RETURNED FOR ANY REASON. Do not bid on an item and then claim a mistake was
made. There will be no rebids.
2.
The Auctioneer shall designate the purchasing Buyer (if the item is purchased)
from the bids given after each item of merchandise is auctioned.
If a dispute arises between two or more Bidder/Buyers, the Auctioneer
reserves the right to reopen bidding.
The Auctioneer’s decision and designation as to who won the bid and
purchased the item shall be FINAL.
After a Bidder/Buyer has won the bid with his/her bid they have become the new
owners of the item, even though they may not have paid the purchase price for
the item yet. The item(s), at that
point, becomes the full and sole responsibility of the Bidder/Buyer, and
Bidder/Buyer assumes all risk of loss and damage from that point forward.
3.
THE BIDDER/BUYER UNDERSTANDS AND UNEQUIVACABLY AGREES THAT THE AUCTIONEER’S
DECISION AS TO THE AMOUNT OF ANY BID OR ANY PURCHASE IS FINAL AND BINDING.
4.
All information included in all statements in Southeast Auction Company
publications, catalogs, ads, brochures, signs and auction tags, as well as
verbal statements made on the date of the sale regarding any item to be
auctioned, have come from the owner of the item prior to the time of the sale
and the Auctioneer has not independently verified any of the same.
Bidder/Buyer understands and agrees that Auctioneer assumes no
responsibility or liability for any representations made to the Bidder/Buyer by
any party, including or not limited to the seller or the owner or the Auctioneer
or otherwise. Auctioneer shall have
no obligation to verify or authenticate such statements or claims.
Bidder/Buyer acknowledges by signing below that he/she will not hold
Auctioneer responsible for any representations or statements made before, during
or after the sale. Auctioneer makes
no warranty or guarantee, expressed or implied, to the condition, year, or model
of merchandise listed or any printed material.
All information obtained about the items has been provided to the
Auctioneer by the owner of the item when delivered to the Auctioneer and is
believed to be true but not guaranteed.
Bidder/Buyer should avail themselves to the opportunity to make thorough
inspections prior to sale.
5.
Any announcements made by the Auctioneer made on day of sale take precedence
over printed information in ads, brochures, auction tags, vehicle information or
sale catalog.
6.
All parties acknowledge that Southeast Auction Company is not, in any way, the
agent of the Bidder/Buyer. The
Auctioneer owes no fiduciary duties of loyalty and faithfulness to the
Bidder/Buyer.
7.
All sales are subject to sales tax where applicable.
Bidder/Buyer shall pay all city and state, sales, use and other taxes
assessed, due to or resulting from the Bidder/Buyer’s failure to qualify as
exempt from such taxes. Bidder/Buyer
also agrees to pay the Buyer’s Purchase Fee and any other applicable fees.
Bidder/Buyer agrees and understands that the total amount of the purchase
and all of the fees and taxes must be paid TODAY before Buyer leaves the
premises of the Auction.
8.
Pick up of merchandise may be made after payment has been made to the Auctioneer
and verified by your bank. Titles
will be mailed within 120 days after sale or as soon as possible.
The buyer will pay a $25 processing fee for each unit purchased.
The Auctioneer is, in no way, responsible for the provision or transfer
of title, which shall come from the Seller.
Bidder/Buyer understands and agrees that Auctioneer is not responsible
for obtaining or providing to the Bidder/Buyer a title, a replacement title or
any other similar documentation including in the event that the title or other
appropriate documentation of ownership is lost, stolen or not provided to the
Auctioneer or not legally transferable to the Bidder/Buyer, the Seller will
refund to the Buyer the amount of the purchase price.
The refund of the amount of the purchase price shall be Buyer’s sole
recourse or remedy and Buyer specifically waives any rights to any compensation
or expenses, consequential damages, lost profits or any other damage. All buyers
are responsible for completing transfer of title.
The Government titles, guaranteed by the Government, have had errors.
These errors have produced delays up to 90 days or longer.
Southeast Auction Company will do everything in our power to speed up
this process to eliminate future problems. Southeast Auction Company will assist
you in getting title but is in no way liable for producing that title.
9.
Bidder/Buyer may pay with cash, money orders or cashier’s check.
Company or personal checks are acceptable as well only if accompanied by
letter to the Auctioneer’s sole satisfaction from the Bidder/Buyer’s bank
guaranteeing payment in full. All
cash buyers must leave a $500 deposit prior to the auction.
Money is refundable if no purchase is made. Failure to pay for or pick up
a lot will result in restriction from future auctions.
10.
If any check given as payment is returned for any reason, including, but not
limited to, insufficient funds, or stop payment, Bidder/Buyer agrees that
Bidder/Buyer is responsible for and required to pay all attorney’s fees incurred
by Auctioneer as a result thereof together with all court costs, arbitration
costs and associated expenses.
Additionally, in the event of non-payment, stopped payment or bad check,
Bidder/Buyer understands, agrees and specifically conveys to the Auctioneer the
right to repossess, at any place, including the Bidder/Buyer’s location or
residence, the merchandise involved.
11.
Should an article be sold with reserve, the Auctioneer may bid on the
seller/owner’s behalf in an amount not to exceed the reserve price.
12.
Any Bidder/Buyer who purchases an item agrees to pay, in addition to the sales
price, the following purchase fee per unit purchased:
13%
(All buyer’s paying with
cash, cashier’s check, personal/company check with bank letter will pay 10%)
Any and all buyers who purchase an item agree to
pay, in addition to the sales price, the following purchase fee per unit
purchased. A purchase fee of 13%
will be added to the bid amount. Any
buyer who pays cash, cashiers check, personal/company check accompanied by a
bank letter will receive a 3% discount for a total purchase fee of 10%.
Auctioneer agrees that merchandise may remain on the sale
premises for a reasonable (in the sole discretion of the Auctioneer) period of
time following the sale not to exceed 2 weeks.
The date by which all merchandise must be removed from the premises
(never to exceed 2 weeks) will be announced by Auctioneer at the sale and or
stated in writing in the Advertisements.
At the maximum, all units must be removed from auction sale
yard within two (2) weeks from the auction date.
This includes weekends, holidays, etc.
Failure to remove within allotted time will result in a storage fee being
due from Bidder/Buyer to Auctioneer on all days beginning on the fifteenth day
(or the day after the announced allotted time, if different) until the unit is
removed. The storage fee of $5.00
per day will be due and payable to Auctioneer at time or removal on each unit.
Additionally, if items are not removed within the given time, the
Auctioneer may, at its sole discretion, remove items or have items removed from
the premises. The Bidder/Buyer will
pay all costs for such moving/storage.
Bidder/Buyer agrees that Auctioneer has no liability for loss or damage
to items left for any period of time at the premises of the Auction or far
liability for loss or damages during moving and storage made necessary by the
Bidder/Buyer’s failure to remove the item from Auctioneer’s premises within the
given time and that Bidder/Buyer shall maintain insurance to cover any items
purchased at the sale.
As merchandise becomes the full responsibility of any Bidder/Buyer who purchases
merchandise at time of the acceptance or the bid, the Bidder/Buyer assumes all
risk of loss and damage to property from that point forward, including, but not
limited to, the time that the merchandise remains on the premises of the
Auctioneer.
13.
The Bidder/Buyer acknowledges responsibility for any personal injury or property
damage caused by Bidder/Buyer or his or her agent, and further agrees to hold
Auctioneer harmless for any personal injury to himself or his agents and any
property damage incurred on sale premises.
14.
The terms and conditions of this contract cannot be altered or changed, except
by agreement in writing executed by all parties hereto, and shall insure to the
benefits or, and be binding upon, not only the parties hereto, but also their
respective heirs, successors, executors, administrators, and/or assigns.
15.
If any provision of the contract shall for any reason be held to be invalid or
unenforceable, such invalidity or enforceability shall not effect any other
provision hereof, but this agreement shall be construed as if such invalid or
unenforceable provision had never been contained herein.
16.
Any controversy or claim between parties relating to the sale, negotiations,
representation alleged to have made by sellers, owners or the Auctioneer or any
of their agents or employees and/or the auction, and/or the purchase of the
property described herein shall, on the written request of the Auctioneer (or if
the claim involves them, the seller or owner) or Bidder/Buyer, be submitted to
binding arbitration before a panel of not more than three arbitrators in
Tuscaloosa, AL and such arbitration shall be governed by the Commercial
Arbitration Association. All parties
agree that any judgment upon the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof.
The parties understand and intend that this transaction involves
“commerce”, as defined in the United State Arbitration Act, 9 U.S.C. #1, and
that this provision is enforceable there under.
The parties agree to divide the cost of arbitration equally.
17.
It is specifically intended by the Auctioneer and the Bidder/Buyer that the
seller or owner of any item or property sold to the Bidder/Buyer or on which the
Bidder/Buyer bids specifically including Alabama Liquidation and Collection
Agency, Inc. shall be considered and is a third-party beneficiary to this
Auction Registration, Bidding and Sales Agreement.
The terms and conditions of this Agreement are meant and construed to
inure to the benefit of any such seller or owner, specifically including Alabama
Liquidation and Collection Agency, Inc.
18.
There are no keys provided with any home purchased.
19.
All transactions must clear through the office.
Sales on the premises that do not clear through the office will be
grounds for termination of business.
Any persons caught side dealing will be revoked of privileges.
20.
All units must have a gate pass before leaving premises and are subject to trunk
inspections.
21.
Loading of property is the responsibility of the bidder.
Show Gate Guard your Bill of Sale before exiting.
All lots remaining on property after the 15th day from auction
date will be sold in the following month’s auction.
22.
Seller and/or Auction Company or any of its affiliates are not responsible for
checking or testing the propane system in any travel trailer sold.
23.
All travel trailers/park models are considered to be commercial recreational
vehicles and are not intended to be used as housing.
24.
I certify that I am aware that the travel trailer/park model I am purchasing at
auction may contain formaldehyde. I
agree that the Seller/Auction Company shall not be liable for personal injuries
to, disabilities of, or death of any persons arising from or incident to the
sale of this travel trailer/park model, use, or its final disposition; and to
hold the Seller/Auction Company harmless from and shall indemnify the
Seller/Auction Company against any or all debts, liabilities, judgments, costs,
demands, suits, actions, or claims of any nature arising from or incident to the
sale of this property, its use, or its final disposition.
ALABAMA LIQUIDATION is a
service business. We do not buy or sell, but act as an exchange between the
buyer and seller. Our policies are for an understanding between buyer and seller
and it is our purpose that all are aware with the manner in which buying and
selling are conducted. Our pledge is 100 % integrity and effort in service.
1.
Alabama Liquidation complies with all federal, state and local laws.
2.
All transactions must clear through the office. Sales on the premises that do
not clear through the office will be grounds for termination for business.
Anyone caught side dealing will be revoked of all privileges.
3.
All units purchased must be paid for on the day of the sale. All complaints and
rejections must be handled through arbitration. Rejects without cause will not
be tolerated. Refusal to pay will be reported to the auction Insurance Agency
for collection.
4.
SELLING ANNOUNCEMENTS – All selling announcements are made by the AUCTIONEER
ONLY. All representations by the seller MUST be announced through the
auctioneer. It is the seller’s obligation to correct any errors made by ALABAMA
LIQUIDATION as to announced “conditions”. Alabama Liquidation assumes no
responsibility for representations made directly by the seller.
5.
Alabama Liquidation does not guarantee the year of any unit. Satisfy yourself
before buying.
6.
No vehicles will be offered for sale without a proper serial number plate. The
auction reserves the right to refuse the sale of any vehicle on which the
vehicle identification plate appears marred or in any way altered. Alabama
Liquidation will not register/offer for sale any vehicle considered to be a Gray
Market Vehicle.
7.
VEHICLE STORAGE – All vehicles are left at owner’s risk. Units left after 10
days are subject to storage fees.
8.
Buyer and seller agree to hold Alabama Liquidation harmless from any and all
litigation that may arise from transactions at Alabama Liquidation. Should
Alabama Liquidation be involved in any litigation the buyer and seller will be
responsible for any attorney and court costs.
9.
Mileage and other information printed on the windows of any vehicle are for the
convenience of customers only. This information is not to be relied upon as
complete and/or accurate information and is not subject to arbitration.
10.
SALE DAY – auction arbitration ends at 3:00 PM or one hour after sale on any
ride and drive or guarantees made by seller.
11.
All transporters must have a copy of the bill of sale for units being removed.
This is the responsibility of the buyer to provide to your transporter.
*****We love children and
would not want any of them to be injured; therefore we must ask you to be aware
of our policy- should you bring your child, you are solely responsible for
his/her safety in any and all situations while on Alabama Liquidation Sale
Yards.
By signing this statement, I am stating that I have read and
understand the above statements.
When I am awarded the bid and declared the Buyer by the Auctioneer, I agree to
purchase the property on the day of the sale.
ALL SALES ARE FINAL.
__________________________________________________________
____________________________________________
BIDDER/BUYER SIGNATURE
DATE
_________________________________________________________
BIDDER/BUYER PRINTED NAME
SOUTHEAST AUCTION COMPANY, INC.-PO BOX 70878-TUSCALOOSA,
ALABAMA 35407
PHONE: (205) 758-3068
FAX: (205) 758-1071
PHONE NUMBER: _________________________________
__________________________________________________________
____________________________________________
BIDDER/BUYER
DATE
SOUTHEAST AUCTION COMPANY, INC.-PO BOX 70878-TUSCALOOSA,
ALABAMA 35407
PHONE: (205) 758-3068
FAX: (205) 758-1071