Terms and Conditions of Auction
1. The highest bidder for each Lot shall be the purchaser thereof, and in the
event of any dispute the Auctioneer shall have absolute discretion either to
settle such dispute or to re-offer the Lot immediately.
2. The Auctioneer may, without giving any reason, therefore, refuse to accept
the bidding of any person or persons. Bid” pooling” or “rigging” will be
considered a violation of the Sherman Antitrust Act and is a felony.
3. Any Lot or Lots and may be withdrawn or regrouped for any reason at any
time upon the sole discretion of the auctioneer.
4. Intending purchasers must register before bidding. All bidders agree to all
terms of the auction sale. If any purchaser fails to comply with any of the
conditions the Lot or Lots in respect of which such failure is made may, if
the Auctioneer thinks fit, be put up for auction again and resold at any time.
If upon such re-sale, a lower price is obtained for any such Lots than was
obtained on the first sale the difference in price shall be a debt due from
the purchaser in default upon the first sale, no Lot may be transferred.
5. Care has been taken to ensure the accuracy of the catalogue, but no sale
shall be invalidated by reason of any defect of faults in any of the Lots by
reason of any of the Lots being incorrectly described in the catalogue and
no compensation shall be paid in result of any such faults or errors in
description. The Auctioneers give no warranty as to the genuineness or
authenticity of the goods and the purchaser shall accept every Lot with all
faults and errors of description.
6. Each Lot shall be at the purchaser’s risk from the fall of the hammer and
must be paid for in full before collection and removed by the purchaser at
their own expense and risk by the announced time, abandoned good swill
be resold at the auctioneer’s discretion. Auction company will not assume
any responsibility or liability for any lost, damaged or stolen goods.
7. Any damage occasioned to the premises at which the auction takes place
or to Lots or any part or parts thereof occasioned by such removal by the
Auctioneer under the last condition and all damage occasioned by a
removal by the purchaser, shall be made good by the purchaser and
principals shall be responsible for the acts of their servants and agents.
8. Upon failure to apply with the above conditions, the money deposited in
part payments shall be forfeited, and the Lot shall be resold by public
auction or private sale and any deficiency arising upon the resale together
with the expenses thereof shall be made good by the defaulter at this sale.
9. In as much as the Auctioneer acts only as an agent, they shall not be
responsible for any act or default of the purchaser or the vendor and shall
not be liable to pay the vender until payment is received from the
purchaser.
10. The purchaser of each Lot shall, with his purchase money, pay
auction commission with sales tax if appropriate, buyer’s commission if
required, and a fee of 2.75 % for credit card purchases.
11. Since goods have been available for inspection by or on behalf of the
purchaser prior to the sale, no warranty, condition, description, or
representation on the part of the vendor is given or implied; nor is any
warranty, condition, description, or representation to be taken to have been
implied from anything said by or on behalf of the vendor prior to the sale.
Any statutory or other warranty, condition or description expressed or
implied as to the state, quality or fitness of the goods is hereby expressly
excluded.
12. Ace Auctioneers offer no guarantees as to the roadworthiness of any
of the vehicles, or seaworthiness of any of the vessels, made available for
sale in the auction or any other warranty. “Caveat emptor – These goods
being auctioned are second hand, unless stated otherwise. The goods are
being ‘sold as is where is.”
13. Any representation or statement by the Auctioneer in any catalogue,
brochure, or advertisement of forthcoming auctions as to authorship,
attribution, genuineness, authenticity, origin, date, age, provenance,
condition or estimated selling price is a statement of opinion only.
14. Subject to the buyer having made full payment for a vehicle, which
includes the sale price and all fees, and no disclosures having been made
otherwise, the buyer is entitled to rely on the following representations and
warranties made by Ace Auctioneers.
15. If this Contract is found to be unenforceable in part by any Court of
Law or other regulatory or competent body, this will not affect any other
part of this Contract. All disputes to be adjudicated in Erie, PA.