ONLINE AUCTION
SITE USE AGREEMENT AND REGISTRATION TERMS AND CONDITIONs
All American Pool
Bidder and Auction Firm agree that the terms listed below shall govern the online auction.
All registration information the Bidder provides to Auction Firm shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidders must register with an active credit card in order to bid.
1) PAYMENT: We accept Visa, MasterCard, American Express, and Discover for payment of invoices. Credit cards used to register will be immediately charged at the auction conclusion for all purchases. Sales tax will be charged in accordance with the laws of the State of Ohio. Any Buyer who is tax exempt must register the tax exemption information with the auction firm prior to the end of the bidding.
2) BUYER PREMIUM There will be a 15% buyer premium added to all winning bids. By example, if you are the successful Bidder on an item at $100.00 the actual purchase price would be $115.00.
3) "AS-IS" - no warranties. All items are being sold "AS-IS, WHERE-IS, WITH ALL FAULTS, and as the bidders believe them to be". Items will be available for inspection on Tuesday Aug. 9 from 11 AM to 12 PM and Tuesday Aug. 16 from 11 AM to 12 PM. Bidders are responsible to inspect the items prior to bidding and satisfy themselves as to the condition of the items and all other matters relating to the items including without limitation, condition, title, importance, value, quality, authenticity, catalogue and auction description.
4) REMOVAL: Removal shall be conducted on Saturday Aug. 20, 2022 from 9AM to 4PM and Monday Aug. 22 from 9AM to 2 PM. IF YOU CANNOT REMOVE YOUR ITEMS DURING THE DESIGNATED REMOVAL TIMES PLEASE DO NOT BID. Bidders are responsible for their own removal. Any item NOT picked up during the designated removal times, will be considered abandoned, ownership shall revert back to the seller and no refund will be given. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid receipt. Please ensure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location no items will be released without a paid receipt. Buyers must load and remove all purchases, no assistance with loading or removal will be available. Buyer hereby grants Asset IQ an irrevocable power of attorney to remove and/or store purchased items at Buyer's expense if not removed during the removal period.
5) DESCRIPTIONS The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any statements concerning any item/lot shall be construed as a warranty either expressed or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the end of the online bidding. Auction Firm and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot's nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auction Firm or Owner/Seller. Bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, or refund, against Auction Firm or Owner/Seller. Pictures on the catalog may not show the actual item being sold. Bidders should rely on the written description of the item as described on the catalog and not the item picture.
6) The Site User Agreement constitutes the final expression of the parties' agreement inclusive with the auction terms and conditions. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this offering and transaction and shall NOT apply to the assets that are the subject of these offerings. Auction Firm does not have control over the item/lots that are posted in the Site and cannot guarantee the authenticity and quality of said product. Auction Firm is not responsible for the actions the Owner/Sellers and Bidders take before, during, and after the auction, typographical errors, misprints, due to your visit to this auction site. Use of this site is at your own risk.
7) The final highest bidder shall be designated at the end of the auction by electronic mail. If a dispute arises between two or more Bidders, Auction Firm reserves the right to reopen bidding. Auction Firm's designation of the purchaser shall be final.
8) Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auction Firm and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Bidder's, his agents or representatives, use of the Site.
9) This Site User Agreement constitutes a binding agreement between Bidder and Auction Firm until terminated by Auction Firm, which Auction Firm may do at any time, without notice, in Auction Firm's sole discretion. If Bidder dissatisfaction occurs with the auction proceedings in any way, Bidder's only recourse is to immediately discontinue use of the auction Site.
10) Auction Firm gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auction Firm does not sell or rent this information.
11) As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to pay for the purchase at the said price you indicated as your bid, including the additional buyer premium. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution/damages can result.
12) As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part, you must notify Auction Firm immediately.
13) The Maximum Bid feature allows Bidders to set a maximum amount they will bid for an item, without having to check back to the website. The computer will automatically bid for you in the next increment once your previous bid has been surpassed. Bidder agrees that when using the Maximum Bid feature on the Site, you use it according to the specifications Auction Firm has in place for that feature. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works.
14) BID CHANGES/CORRECTIONS:
a. Bids will only be changed after bidder emails auctioneer w/ request and auctioneer approves and copies Web Tech with the written request & approval.
b. Bids will not be changed if the bidder does NOT submit the request within 30 minutes of placing the bid.
c. Under no circumstances will bids be changed in the last 8 hours of the auction. This includes any auto extend time frames.
d. We will not reverse bids after the auction has closed. NO EXCEPTIONS.
e. MAXIMUM BID FEATURE: Please do not use this feature if you are unfamiliar with the way it works. Many bidders try to use it to see only how high the other maximum bids may be. Use of the Maximum Bid feature is at users' risk and CHANGES TO MAXIMUM BIDS WILL NOT BE MADE.
15) INCREASING YOUR OWN BID/BIDDING ERRORS. Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids once submitted. If you mistakenly increase your own bid, place your bidder number in the bid field, or if you make a typo, you must immediately contact our office by email (we must have your request in writing).
16) STAGGERED CLOSING: This online auction closes 5 items per minute. This feature will close the bidding on intervals. This feature works great with the auto-extend feature to closely emulate a 'live' auction.
17) DYNAMIC CLOSING: The closing time of an asset is automatically extended an additional 2 minutes whenever a bid is placed within the last 2 minutes of the asset's closing time.
18) Your Internet bids are a contract, and you are responsible for honoring them. A Visa, Mastercard, American Express, Discover credit card must be used to register to bid at the auction. If the terms of the auction are not followed or the winning bidder does not close the transaction, this bidder agrees to allow Auction Firm to charge the credit card used in registration a $2000 non-performance fee.
19) BIDNOTIFICATION: If you have been outbid you will be notified by email.
To quickly review your bids and see if you have won you can utilize the 'review bids' feature. Items that you have been outbid on will be clearly marked.
20) WINNING BIDDER NOTIFICATION: You will be contacted by email ONLY (you are responsible for checking your email AND adding us to your OK list if you have a spam blocker) If you feel you have won an item and have not received an email you must notify us by email no later than 9AM the next day. If you do not receive a paid email invoice, then you did not win any items at the online auction.
21) CATALOG INACCURACIES: You are bidding on the described item not the photo. Occasionally the wrong photo is displayed. Always read the item description. For demonstration purposes some equipment may be joined together. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
22) DISCLAIMER: The auctioneer reserves the right to add or remove items from the auction, Split or combine lots, Cancel, suspend, extend or reschedule an individual item and or auction event, or make changes to the auction closing times or inspection or removal times. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auction Firm and the Owner/Seller reserve the right to do so at any time before the conclusion of the online bidding.
23) IMPORTANT! The Auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchaser, items not paid for and/or not removed within the specified removal times. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.
24) Auction Firm shall not act as the buyer's security agent and assumes no responsibility for purchases made by buyer.
25) The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Ohio applicable to contracts entered into and to be performed entirely within the State of Ohio. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auction Firm's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Risk Clause
BODILY INJURY: Purchasers acknowledge that they, their employees, workers, and/or contractors are not employed by the auction firm or the Sellers. Purchasers further agree to Indemnify Asset IQ and Sellers and to protect, defend, and hold harmless, from and against any and all lawsuits, loss, cost, damage, injury, loss of daily income, or expense, including without limitation, reasonable attorney fees, which Asset IQ or Sellers may incur by reason of having a claim asserted against them for: (I) injury to Auction Firm's employees, contractors, or agents occurring during the removal of Purchasers' items; (II) injury to any and all persons and property during the removal of Purchasers' items; (III) injury to Purchasers' employees or agents while on the premises. Asset IQ and/or Sellers shall be entitled to participate in the defense of any such action by council of its own choosing.
YOUR USE OF THIS AUCTION SITE MARKS YOUR ACCEPTANCE IN FULL OF THESE TERMS AND CONDITIONS and RISK CLAUSE
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