ONLINE BIDDING TERMS AND CONDITIONS
5% Buyers Premium
IMPORTANT: These terms and conditions apply to all online bidding at auction sales
conducted by Sexton Auctioneers, LLC. By registering to participate in a Sexton Auctioneers
auction sale via online bidding, you expressly agree to these terms and conditions.
SUMMARY OF TERMS.
Payment. Payment be made by cash, wire, check, or credit card (3.5% fee). No credit cards accepted on purchases over $1,000.00. Check must clear before items are released by Seller.
All Sales Final. All sales are final and there are absolutely no refunds. Items sell in an “as is, where is” condition, with no warranties, either express or implied. All sales are final.
Pickup and Shipping. The successful bidder must pick up items following payment and will have 14 days following payment to do so. If Buyer desires to have items shipped, all shipping logistics and costs are at the expense of Buyer.
Soft Closing. Sexton Auctioneers uses a soft close bidding feature to create a live auction atmosphere. Any bids placed within the last three minutes before closing time of auction will extend closing time for that item three additional minutes. This will continue until bids are static for three minutes following.
No Nonpaying Bidders. If you don’t intend to follow through with your purchase, do not bid. If you fail to pay following purchase at auction, outstanding invoices will be turned over for collection or legal action, and all future bidding privileges will be revoked.
Description Discrepancies. You are bidding on the described item, not the picture or description. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of the item, please bid accordingly. Please let us know if there is an error. All sales are final; no refunds.
Titles. A $25.00 title fee will be charged to the buyer for any titled item. Titles will be mailed to buyer by certified mail within fourteen (14) business days of the item being paid for and picked up (unless unit is title-delayed which will take longer).
Buyer’s Premium. Buyer will pay a premium of 5%, calculated on the selling price.
TERMS AND CONDITIONS.
- PAYMENT AND BUYER PREMIUM. No less than 5 -days following close of auction, if Buyer is the successful high bidder on any item(s), Buyer will pay to Auctioneer, by cash, wire, check, or credit card (3.5% fee), the amount of the successful high bid(s) plus a Buyer’s premium of 5% of the bid amount(s). No credit card payment shall be allowed on purchases over $1,000.00. Checks must clear before items are released by Seller.
- NO WARRANTY. All machinery, equipment, merchandise, and other items sold by auction are on an “as is/where is” basis without licenses or other rights to software required for equipment to work, without any representations or warranties, either express or implied. Neither Sexton Auctioneers, LLC nor the consignor/seller makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall either be responsible for correctness of description, genuineness, attribution, provenance, completeness, condition of the property or estimate of its value. No statement in the online description, or made orally by Sexton Auctioneers, LLC, shall be deemed a warranty or representation nor an assumption of responsibility or liability. Without limiting the generality of the foregoing, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY ARE EXPRESSLY HEREBY DISCLAIMED.
- REGISTRATION. Buyers must register prior to bidding at any auction sale and warrant and represent that they are over the age of eighteen years and otherwise have legal capacity to enter into this agreement. Sexton Auctioneers, LLC may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card, or any other reason. Bidder hereby agrees that Sexton Auctioneers, LLC may share information about Bidder’s nonpayment of auction invoices or shipping charges with other parties and may pursue collection of balances due by any legal means.
- NO LIABILITY FOR INTERRUPTION OR FAILURE OF INTERNET SERVICE OR PLATFORM MALFUNCTION. Sexton Auctioneers, LLC provides internet-only bidding for this auction. Buyer acknowledges and understands that this service may or may not function correctly at any time, including during the auction and at its closing time. It is further understood and agreed that the website and platform service provided can also malfunction at any time. Under no circumstances shall Buyer have a claim of any kind against Sexton Auctioneers, LLC, its employees, agents, or those on its behalf liable, due to interruption or failure of the internet service or platform service, or their failure to work correctly before the auction, during the auction, or at its closing time. Sexton Auctioneers, LLC has no liability or responsibility for missed or failed bids due to any reason. Internet bidders who desire to make certain their bids are acknowledged should place their maximum bids at least two hours prior to the auction closing time. Sexton Auctioneers, LLC reserves the right to withdraw or recatalogue items in this auction. In the event of any software problem, interruption, or malfunction, Sexton Auctioneers, LLC reserves the right to extend the closing times, change the extension time, stop, restart, or cancel the auction at its sole discretion. Even though an item may display as “sold” on the internet bidding site, no sales are final until they are certified by Sexton Auctioneers, LLC and the bidder receives an invoice.
- BUYER TO PICK UP ITEMS OR ARRANGE FOR THEIR SHIPPING AND DELIVERY. It is understood and agreed by Buyer that items consigned to auction are held by the seller until the auction closes and the buyer pays for the items. At that time it is Buyer’s responsibility to either pick the items up at the Seller’s specified location, or to arrange shipping at Buyer’s own expense. In no event will Sexton Auctioneers, LLC be responsible to deliver the purchased items to Buyer.
- DISPUTE RESOLUTION. The parties agree that this Agreement is entered into in the State of Missouri and shall be governed by the laws of the State of Missouri. The parties further agree that in the event any legal dispute or claim arises between Buyer and Sexton Auctioneers, LLC, it shall be brought in the Circuit Court of Cape Girardeau County, Missouri. In the event that Sexton Auctioneers, LLC prevails in any such action, it shall recover from Buyer its reasonable attorney fees and costs, in an amount determined by the court.